Pension is by far the most costly and complex employment condition. Pension law is an area of law in its own right. This is due to the large number of laws and regulations, ever new developments and the connection with various other areas. Especially employment law, tax law, company law and, for example, divorce law.
As soon as it comes to pensions, many employers and employees drop out because of the complexity. People prefer not to deal with it (yet). Many employers and employees also wrongly assume that "it will be (well) settled". As a result, pension law is often neglected, while the stakes can be enormous.
What can our pension law lawyers do for you?
Whether it involves amending pension schemes, pension issues surrounding mergers and acquisitions or disputes about joining industry-wide pension funds, , seeking expert advice in this area in good time is important. Why? Pensions are expensive; if things go wrong, the financial consequences are huge. As an employer, you quickly run the risk of liability, now that the duty of care surrounding pensions has increased in recent years.
Where we can support you
We advise employers on:
- Pension scheme changes
- Implementation agreements and pension regulations
- Scope disputes: are you covered by an industry or occupational pension fund?
- Exemption from compulsory participation in an industry-wide pension fund
- Pension during mergers and acquisitions (due diligence)
- Employee participation and pensions
- Pension value transfer
- Pension and occupational disability
- Equal treatment
- Directors' liability
- Pension contribution disputes
For employees, it is important to seek advice on pensions. For example, when the employer wants to change the pension scheme, in case of dismissal or when you become unfit for work. You may not be concerned with pensions, but the consequences are often significant if you do not seek proper and timely advice.
We assist employees on:
- Changes to the pension scheme
- Pension consequences in case of dismissal
- Pension consequences in case of occupational disability
- Scope disputes: is it compulsory for my employer to join an industry-wide pension fund?
- Value transfer
- Premium arrears / pension and bankruptcy
- Pension and equal treatment
- Indexation disputes
- Options within the pension scheme
The new pension system
In June 2019, the Pension Agreement was reached. In it, the principles of a new system were formulated. Meanwhile, the bill on the Future of Pensions Act has been published and it seems that the new system is now really coming. The Future Pensions Bill: what will the new pension system look like and what are the consequences? Read more here.
Pension law in case of divorce
We also advise on how the pension rights accrued during the marriage will be equalised in case of divorce in the context of family law, or how to deal with accrued pensions under your own management in case you or your ex-partner runs your own business. It also often happens that pension rights have been built up abroad, which should also be involved in the divorce. The family law team will further assist you in how the pension will be equalised.
Our lawyers are based in The Hague
Are you looking for a pension law lawyer? You are welcome to visit us at our office in The Hague. Our pension law lawyers possess the right knowledge and expertise to assist you. Although our office is located in The Hague, we operate throughout the Netherlands.
Need legal support?
For more information, please contact Petra Beishuizen or someone from our liability law team. They will be happy to assist you.