Pension law verdieping


Pension law

Pension law

The subject of pensions is highly topical and subject to many changes. Pensions are under pressure, pension funds are facing declining coverage ratios and the National Pension Agreement contains various changes to the pension system that affect almost everyone. Pension is relevant for young and old, from working to retired and for entrepreneurs and employees. It is a complex subject with major financial interests and consequences. Pension is a hot topic as a condition of employment or following dismissal, but also in the case of divorce there are several important points of attention. We have the required expertise in these areas of law to provide you with sound advice.

Pension law in the employment law practice

Pension agreements are not always recorded accurately, which may sometimes lead to a discussion regarding interpretation.  There may also be a need to change agreements made about pensions at some point in time.  The question then is whether such a change is permissible. We can assist you when you have to deal with this as an employer or as an employee.  If the pension is administered by an insurer or if your company is obliged to participate in a scheme with a pension fund, sound pension advice is also very important.  We will be happy to advise you on questions about the scope of a decision for mandatory participation in an industrial pension fund and in the event that you are approached by a pension fund after a scope of application investigation.  If necessary, we will assist you in a procedure to prevent compulsory participation or to limit your (pension) loss or possibly to recover it from a third party.  You can also contact us for information about value transfer, the early retirement scheme (RVU), continuing to work after the state pension (AOW) age and retirement in the event of incapacity for work.

Pension law in the family law practice

In the family law practice, we advise partners in a divorce situation about the various possibilities with regard to the accrued old-age pension, such as equalization, conversion and the waiver of pension rights.  We also assess calculations with regard to the commercial value of pension rights when making a deposit. The Pension Rights Equalization Act regulates pension equalization in the event of divorce, but deviating agreements can also be made in a divorce covenant.  We can assist you in making such arrangements.  

We will also be happy to answer any questions you may have about the survivor’s pension in the event of the death of your partner.  This concerns both partner’s pension and orphan’s pension for your children.  We will inform you about the differences between a partner’s pension on a risk basis or on an accrual basis and about a special partner’s pension. We can also help you with questions about compensation for the (former) partner of a director and major shareholder when phasing out the self-administered pension (PEB).

The pension law section

Our section consists of various lawyers who also work in the Employment Law or Family Law sections.  We work together with the Nederlands Pensioenbureau (Dutch Pension Office), which provides customised training and education in various areas of pension law and where we can have (actuarial) calculations made.

International network

Our specialists are engaged and determined to serve your interests, both to prevent problems and solve them. If you want advice on international employment law matters, our partner offices in Europe can assist you. We also have short lines of communication with other professionals such as civil-law notaries, accountants, tax and pension advisors. In short, you are assured of complete and tailor-made advice in the field of pension law.

Want to know more? Contact one of our pension lawyer.

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