Regulation of state and supplementary pension schemes in Germany: overview

A Q&A guide to pensions law in Germany.

The Q&A gives a high level overview of the key practical issues including: state pensions; supplementary pensions; funding and solvency requirements; tax on pensions; business transfers; participation in pension schemes; and employer insolvency and overall scheme solvency.

To compare answers across multiple jurisdictions, visit the Pensions: Country Q&A tool.

The Q&A is part of the global guide to pensions law. For a full list of jurisdictional Q&As visit www.practicallaw.com/pensions-guide.

Contents

Pensions

State pensions

1. Do employers and/or employees make pension contributions to the government in your jurisdiction?

Contributions paid to the government

The most important old-age provision in Germany is the statutory German pension insurance, also called social security pension (Deutsche Rentenversicherung), which is compulsory for all employees, subject to a few exceptions (for example, members of executive boards of corporations, self-employed owners of businesses, members of liberal professions and civil servants). Currently, more than 36 million employees in Germany are insured under the statutory pension system. The system is administered by a legally independent organisation that is supervised by the government. Its funding is based on the pay-as-you-go principle, that is, pension income is funded by the contributions of current employees.

Currently, the total contribution to the statutory German pension insurance is 18.7% of gross income, up to the social security contribution ceiling (EUR72,600 in 2016). The contributions are born equally by the employer and the employee (that is, 9.35% each). The contribution rate and the contribution ceiling differ for the eastern federal states of Germany.

Taxation of contributions

The rule that currently applies to all new entrants into the workforce is that pension contributions are tax exempt, and that pension income will be taxed. Due to the level of social security pensions and the income tax rules, recipients of average pensions will not pay any income tax. However, above-average pensions and households with additional sources of income will be subject to ordinary income taxation, as they will exceed the tax-exempt threshold during retirement.

The rules above do not apply in full to individuals who retire before 2040, as Germany only adopted the principle of tax-exempt contributions/full taxation of pension payments in 2005. Therefore, from 2005 to 2040, there is a transition period during which taxation levels for pension income will gradually increase, reflecting the respective level of tax-exempt contributions for each cohort. The taxable fraction of pension income is set out in the German Income Tax Act.

Monthly amount of the government pension

For the average household, the statutory pension accounts for more than 70% of the overall retirement income. The actual amount of a pension depends on both the:

  • Number of years during which the individual was insured.

  • Income level during that time, as compared to the average income of all other insured persons.

For example, a person who worked for 45 years earning an average salary would currently benefit from a monthly pension of EUR1,300. A person who earned twice the average salary would receive twice this amount. Likewise, a person who earned an average salary, but made contributions for 22.5 years, would receive half this amount.

Supplementary pensions

2. Is it common (or compulsory) for employers to provide access, or contribute, to supplementary pension schemes for their employees? If they do, are they:
  • Occupational (that is, linked to an employment or professional relationship between the plan member and the entity that establishes the plan)?

  • Personal (that is, not linked to an employment relationship, established and administered directly by a pension fund or a financial institution acting as pension provider, where individuals independently purchase and select material aspects of the arrangements, though the employer may make contributions)?

Voluntary occupational pensions

In Germany, occupational pension schemes are entirely voluntary for employers. Each employer can decide whether to implement a company pension plan or not. An employer must also determine the financial volume of the plan and set up the funding vehicle. All further decisions concerning the scheme, particularly the distribution of funds, are subject to co-determination by the works council.

However, even if an employer does not wish to implement a pension plan, it must still provide its employees with the opportunity to engage in a deferred compensation plan (see below, Deferred compensation), at their request. The minimum plan the employer must then set up is an individualised annuity contract with a life insurance company.

The German Occupational Pension Act provides for five different types of company pension schemes/vehicles (see Question 3). All of these can be funded by the employer, the employee (deferred compensation) or a combination of the two. All these five vehicles share common vesting rules and a few other minimum labour protection rules. However, they differ substantially regarding administration, accounting, funding, taxation, social security treatment, investment strategy and insolvency protection.

Deferred compensation

Since 2002, employees can demand that up to 4% of the social security contribution ceiling of their cash salary (EUR2,904 in 2016) be converted into a pension. Contributions to deferred compensation schemes are exempt from tax and social security contributions. Pension payments resulting from a deferred compensation scheme are later taxed at the individual's tax rate, which is significantly lower for most people.

Personal savings plans

Some employers set up arrangements with financial service providers that offer their employees more favourable financial products, typically on a group-life basis. Employers can make certain contributions to these savings and/or insurance covers, although these arrangements do not constitute occupational pensions.

 
3. Where supplementary schemes are provided, do these schemes provide pensions, the value of which:
  • Is linked to the employee's salary (defined benefit)?

  • Is linked to employer and/or employee contributions and investment return on those contributions (defined contribution)?

The five funding schemes/vehicles described below allow for a broad variety of schemes. In particular, most pension plans can be structured as any of the following:

  • Defined benefit plan.

  • Defined contribution plan (meeting US generally accepted accounting principles requirements).

  • Trust (or trust-like) or contract-based scheme.

  • "Hybrid" plan, which entails separate components (for example, a defined benefit and a defined contribution component, which are both still part of the same scheme).

Enrolment and/or membership in the employer pension scheme can be either voluntary or compulsory for employees.

The minimum levels of contribution that must be provided by either the member or the employer can be determined freely.

All these elements must be determined by the employer and the works council.

Direct pension promise

Under a direct pension promise, the employee will receive the pension payments directly from the employer (section 1b, paragraph 1, German Occupational Pension Act). The administration of a direct pension promise is uncomplicated and cost-efficient, as no external pension provider, external supervisor or regulator is involved. Plans can either be defined benefit or defined contribution plans. They can be funded or unfunded. Pension assets can either remain on the balance sheet of the employer or be placed in a trust structure.

Direct life insurance

A direct life insurance pension scheme has a very simple legal structure, that is, the employer arranges for a life/annuity insurance contract in favour of the employee. The employer pays the premiums to the insurance company and the employee has a direct claim against the life insurance company.

A direct life insurance scheme can be used in many ways, and can be structured as a:

  • Supplementary benefit sponsored by the employer.

  • Employee-funded deferred compensation scheme. This is important if the employer does not offer any type of deferred compensation on his own. In this case, employees can request to be provided with a deferred compensation direct life insurance at least (see Question 2, Deferred compensation).

Support fund

A support fund is another type of funding vehicle used for occupational pensions in Germany. Support funds are separate legal entities, often in the form of a registered association (Eingetragener Verein (e.V.)) or a limited company (GmbH). They can be operated by one or more employers (multi-employer support fund (Gruppen-Unterstützungskasse)).

A support fund pension scheme can be employer-funded or employee-funded (as a deferred compensation plan). It can either be a defined benefit or a defined contribution plan. Reinsured support funds are a common version of funded support funds. These are often set up by insurance companies that offer the administration of pension plans as a business service. They require full funding through life insurance contracts, which are often referred to as reinsurance (or "back-to-back") life insurance contracts.

Captive pension insurance

Very similar to a direct life insurance scheme, captive pension insurance is a scheme where an external carrier assumes both the administration and the asset management side of a company's pension scheme. External carriers are non-profit entities operated by one or multiple employers that use the same carrier to arrange for their company pension schemes. The difference with an ordinary market life insurer is that the captive pension insurance entity limits its business activities to the respective employer(s).

Employers pay contributions to the captive pension insurance carrier, which manages the assets and later pays out the pension benefits directly to the employees (similar to a direct life insurance scheme). Employees claim their pension from the captive pension insurance entities, which are monitored by the Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungen) (BaFin)), but are not obliged to make any contributions to the Insolvency Protection Fund (identical to direct life insurance schemes). A captive pension insurance scheme can potentially comprise many different types of plans (that is, insurance products). These plans often require a joint funding by the employees and the employer.

Pension fund

Similar to a captive pension insurance entity, a pension fund is a legally independent institution that administers company pension schemes on behalf of one or several employers, and also manages the pension assets. However, pension funds are not subject to the restrictive investment rules that apply to insurance companies. Yet, like life insurance companies, pension funds are governed by the Insurance Supervisory Act and are also controlled by BaFin.

 
4. For supplementary pensions:
  • Is there a minimum period of service before workers are entitled to receive vested rights?

  • Are there any legal requirements for schemes or providers to index pensions in payment and/or revalue pension rights in deferment?

Minimum period of service

Entitlements to occupational pension plans vest once a beneficiary:

  • Is at least 25 years-old.

  • Has been enrolled in a plan for at least five years.

Entitlements to deferred compensation schemes vest immediately.

As a consequence of Directive 2014/50/EU on the acquisition and preservation of supplementary pension rights, which was implemented in Germany in 2015, the vesting requirements for occupational pension schemes will be lowered to a minimum age of 21 and a minimum of three years of enrolment in the plan. These changes will come into effect from 1 January 2018.

The vested fraction of the maximum pension possible under the plan is calculated on a pro-rata basis. An employee leaving his employer prior to retirement retains a pension entitlement that equals the ratio of the actual duration of employment in the company to the potential duration of service up to the retirement age.

Pension indexation

The Occupational Pension Act requires a minimum indexation of ongoing pensions (that is, after retirement). The purpose of these adjustments is to maintain the purchasing power of the initial pension. Accordingly, company pensions must be reviewed every three years and increased by at least either the:

  • Inflation rate.

  • Growth in net wages of comparable employees currently working for the company.

Alternatively, the employer can commit to an annual increase of the pension by 1%.

Indexation can only be omitted for severe economic reasons.

Funding and solvency requirements

5. In relation to supplementary schemes, are these generally funded or unfunded? If funded, are there any solvency requirements on the sponsoring employer or provider?

The existing five funding vehicles for occupational pension schemes (see Question 3) differ substantially with regards to administration, accounting, taxation, social security treatment and so on. They also differ significantly in relation to their funding requirements.

Direct pensions promise

There are no funding requirements in relation to direct pension promise schemes. Although book reserves must be entered on the employer's balance sheet, there is no obligation to accumulate any kind of plan assets. Ultimately, if the plan remains unfunded, there will be nothing more than the outflow of cash during the retirement of the beneficiary. If there are no scheme assets, the employer must provide pension payments from its cash flow, and make corresponding adjustments on its balance sheet by releasing the respective book reserves.

Outside German generally accepted accounting principles (German GAAP), many experts view the German method of book reserves as an unusual way to "fund" pension obligations. Therefore, international analysts often do not consider favourably the balance sheets of German companies that bear pension provisions for unfunded pension liabilities. Some companies have therefore set up funding vehicles, called contractual trust arrangements (CTAs), which allow them to use a separate legal entity to establish plan assets under International Accounting Standards/International Financial Reporting Standards or US GAAP. Companies can offset these assets against their pension liabilities, and therefore remove the pension provisions from their balance sheet. This off-setting is now also possible under German GAAP. However, CTAs are not "trusts'" as understood under UK or US law.

Direct life insurance

For all direct life insurance (annuity) contracts, the life insurance company is responsible for the asset management and investment strategy. In practice, the only obligation of the employer is to pay the insurance premium. In this context, the employer's supplementary guarantee for the pension payment, as provided by the Occupational Pension Act, is merely theoretical. Given that the asset risk for the pension promise is assumed by the insurance company, the overall cost for the same pension benefit tends to be higher than in the case of internal funding. Additionally, life insurance companies are:

  • Subject to the funding standards set out in Directive 2009/138/EC on the taking-up and pursuit of the business of insurance and reinsurance (Solvency II Directive).

  • Supervised by the Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungen (BaFin)).

Support fund

The operating employer(s) must allocate sufficient funds to the support fund to enable it to pay benefits to the beneficiaries. The employer exercises a significant degree of discretion regarding the level and the timing of funding. One option is to allow the fund to buy annuities, and therefore fund the obligations comprehensively.

Captive pension insurance

The funding and financial arrangements for captive pension insurance are very similar to those for direct life insurance. Asset management and investment rules for captive pension insurance are strict, and are mostly limited to low-risk investments (predominantly bonds). Captive pension insurance entities are independent legal entities, and therefore have full control over their investments. The employer makes contributions to the entity and is released from all other obligations, except for the employer guarantee for all pension benefits under the German Occupational Pension Act. Unlike life insurance companies, captive pension insurance entities are not subject to the Solvency II funding standards. However, they are supervised by the BaFin.

Pension fund

The funding of a pension fund is similar to that of a captive pension insurance entity. The plan can be sponsored by both the employer and employees. The main difference relates to the applicable investment rules. Pension funds can invest freely in the capital markets, and therefore potentially achieve a higher return on investments. Pension funds are also supervised by the BaFin.

 
6. In relation to access for members to the funds in their supplementary pension scheme:
  • To what extent can members transfer their funds to another pension scheme?

  • How do members normally take the benefit of their funds (for example, lump sums, income withdrawals (drawdown), life annuity arrangements)?

  • What are the legal restrictions upon access to the funds (for example, age)?

  • What are the common arrangements for early retirement and ill-health retirement?

  • Are dependants of deceased members entitled to receive benefits payable on the member's death? What form do these commonly take?

Member's transfer of funds

The transfer of pension entitlements is legally permissible in the following situations (Article 4, German Occupational Pension Act):

  • In the event of a change of employer, existing pension obligations of the old employer can be transferred to the new employer, with the consent of the employee, under a tripartite agreement. Alternatively, the three parties can agree to transfer the value of the vested entitlements (transfer value) to the new employer, provided that the new employer issues a new pension grant of the same value.

  • In the case of direct life insurance, captive life insurance and pension funds, the employee can demand, within 12 months of termination of his employment, that the transfer value of his vested rights be transferred from the old employer to the new employer. However, this is only possible if the transfer value does not exceed the amount of the social security contribution ceiling (see Question 1).

Taking pension benefits

The standard for occupational pension plans is a lifelong annuity. Some pension plans allow employees to choose a lump sum. The disadvantage of lump sums is that they are taxed in full at the moment they are paid. This often reduces the value of the retirement benefit drastically. For pension funds, the limit for lump sum payments is 30% of the retirement assets.

Legal restrictions

The Occupational Pensions Act does not impose any age restrictions with regard to access to the funds. However, beneficiaries cannot benefit from all tax advantages for occupational pensions before the age at which they can also draw on benefits from the statutory social security pension system. As the retirement age is currently being increased to 67, most respective tax provisions for occupational pensions are being adapted accordingly.

Early and ill-health retirement

Company pensions are typically linked to the standard age for statutory pensions, which is being increased gradually from 65 to 67. However, under labour law, it is possible to agree on an earlier or later retirement age for an occupational pension. Early retirement usually leads to reductions that reflect the longer payment period and the missing contribution years.

Many pension plans contain disability coverage, although this is entirely voluntary. Whether benefits are paid in the event of disability depends solely on the pension plan.

Dependants' benefits

As for disability benefits, employers are not obliged to provide benefits to surviving spouses or children under a pension scheme. In practice, benefits are rarely granted to the employee's surviving dependants. Typically, the group of beneficiaries for surviving dependants' pensions is identical to that under the social security system, which comprises:

  • Surviving spouses.

  • The employee's children up to the age of 25, provided that they are still in education.

 
7. Is there a regulatory body that oversees the operation of supplementary pension schemes? Do any other governance regimes apply to supplementary pension schemes?

Regulatory body

Company pension plans as such are not supervised by any regulatory body. However, life insurance companies that offer direct life insurance contracts, captive life insurance entities and pension funds are all supervised by the Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungen (BaFin)).

Regulatory framework

Occupational pensions in Germany are governed by the Occupational Pensions Act (Betriebsrentengesetz). This Act also sets up the German Occupational Pension Protection Fund, which covers nearly all vested entitlements and ongoing pensions in the event of insolvency of the employer. However, there is no regulator actively supervising pension schemes. Ultimately, this task lies with the courts.

From 1 January 2016, commercial life insurance companies are subject to the supervisory regime and the solvency capital requirements set out in Directive 2009/138/EC on the taking-up and pursuit of the business of insurance and reinsurance (Solvency II Directive). These have been fully integrated into the German Insurance Surveillance Act.

Providers that fund occupational pensions exclusively (captive life insurance, pension funds) are still subject to the Solvency I funding regime, which requires much lower solvency capital for volatile asset classes (such as stock).

Other key governance requirements

Solvency II and related BaFin guidelines apply to pension plans that use life insurance products as funding vehicles.

Penalties for non-compliance

Breaches of obligations regarding contributions to the Occupational Pension Protection Fund can lead to fines of up to EUR2,500 (Chapter 12, German Occupational Pensions Act). Breaches include incomplete, late or non-delivery of information or reports.

Tax on pensions

8. Are any tax reliefs available on contributions to supplementary pension schemes (by the employer and employees)?

The tax treatment of pension plans differs for each of the five funding vehicles, as outlined below.

Direct pension promise

No income tax is levied on the accrual of pension entitlements during the period of employment. Only actual pension payments are taxable. The employer can reduce its taxable profits by the necessary provisions based on an annual actuarial valuation.

Direct life insurance

Contributions are subject to income tax at the time they are made. However, a maximum amount of up to 4% of the social security ceiling can be exempt from tax and social security contributions. Pension payments from a direct life insurance plan are subject to taxation on the earnings portion of the actual payment only, but at the individual tax rate of the beneficiary. Direct life insurance contracts concluded before 2004 are taxed at a flat tax rate of 20%. For employers, all premium payments are fully recognised as operating expenses.

Support fund

Support funds are usually tax exempt (that is, they are not subject to corporate tax and trade tax). Contributions made by the employer to fund a pension scheme via a support fund are not considered as immediate benefits for the employees covered. Therefore, these contributions are not subject to income tax for the employee. Once pension payments are made, beneficiaries must pay income tax at their individual tax rate.

Contributions to a support fund by active employees are limited to two annual annuities (that is, about 10% of the obligation). The full amount of the liability can only be contributed once the employee actually retires. However, if the support fund buys reinsurance annuity contracts, the entire premiums are fully recognised as operating expenses.

Captive pension insurance

The tax treatment is the same as for direct life insurance contracts (see above, Direct life insurance).

Pension fund

The tax treatment of pension funds is almost identical to that applicable to captive pension insurance and direct life insurance. A significant difference is that the employer, or a support fund, can make lump sum contributions to a pension fund in order to to fully fund the cash value needed for a retiree (that is, at or after the retirement date). This is a unique tax advantage and a major area of business for existing pension funds.

 
9. Are there any approval or registration requirements with the local tax authority where a supplementary scheme is established?

There are no approval or registration requirements with the local tax authority when a supplementary scheme is established.

 
10. What is the tax treatment of investments made by the scheme?

Typically, investment returns are tax exempt if they:

  • Are used to improve the level of benefits.

  • Do not cause any overfunding.

They are usually taxed as part of the actual pension payments as they are distributed to beneficiaries.

 
11. What is the tax treatment of pension and lump sum payments made to members?

Pension and lump sum payments are fully taxable. Lump sums may qualify for a reduction of the applicable tax rate if the entitlement to the lump sum was earned across more than one year, which is often the case (Chapter 34, German Income Tax Act).

The basic rule is that either the contribution or the benefit payment is taxed. In 2005, a legislative change introduced the taxation of all pension payments, while exempting contributions. A 35-year transition period ensures that those parts of pensions that had been built up previously through taxed contributions still remain tax-free. The reason for this is that income should be taxed once only.

 
12. Are there any other applicable tax charges on schemes?

There are no specific additional tax charges on pension schemes.

Business transfers

13. Is there any legal protection of employees' pension rights on a business transfer?

Transfer of accrued pension rights

Pension entitlements are always protected on a business transfer. All the obligations relating to the employment relationship of transferring employees are transferred to the new owner on transfer of the business (Article 613a, German Civil Code).

In this context, share deals and asset deals must be considered separately.

Share deal. In a share deal, the acquirer purchases the majority or all shares of a business legal entity. This type of transaction has no direct effect on the legal position of employees. The selling legal entity is still the debtor of pension obligations.

However, in cases where an external carrier (such as a pension fund or a captive life insurance entity) or a contractual trust structure was used to fund the pension plan, the employer may no longer be a member of the external carrier due to the change of ownership. This occurs in particular in cases of transfers within groups or in the public sector, where captive life insurance structures are standard and often require the respective group, city, county or federal state to own a majority of the shares of the respective employer. In these cases, a change of majority ownership can lead to the buyer being liable for the entire (accrued) pension entitlements.

Asset deal. The transfer of a business through an asset deal typically (but not always) constitutes a "transfer of undertaking", which triggers specific employee protections under Directive 2001/23/EC on safeguarding employees' rights on transfers of undertakings, businesses or parts of businesses. Essentially, employees' contractual rights cannot be changed to their disadvantage within one year of the transfer date. Even after then, pension arrangements cannot be changed unilaterally by the employer. Pension commitments have an individual or collective contractual nature, and can therefore only be amended through a bilateral agreement. Particular attention must be paid to the comprehensive co-determination of works councils and/or unions.

Other protection for pension rights

In the context of business transfers, employees cannot waive accrued pension entitlements if the waiver is agreed in connection with the termination of employment, regardless of whether adequate compensation is granted to the employee.

Participation in pension schemes

14. Can the following participate in a pension scheme established by a parent company in your jurisdiction:
  • Employees who are working abroad?

  • Employees of a foreign subsidiary company?

Employees working abroad

Any employee can participate in a pension scheme set up by a German parent company provided that German employment law applies to the employment relationship. For example, German employees who are sent abroad on behalf of their employer can be part of a German pension scheme as long as their German employment contract continues.

However, this does not apply to employees sent abroad whose employment contract is formally terminated in Germany, and who are covered by a new employment contract with the foreign subsidiary. Multinational corporations often set up specific arrangements for these expatriate employees.

Employees of a foreign subsidiary company

Typically, employees of foreign subsidiaries are not included in domestic pension schemes of the parent company. However, this may be the case under specific arrangements within the group, although this is not standard practice and is not prescribed by any law.

Employer insolvency and overall scheme solvency

15. Is there any protection provided for pension scheme benefits where the sponsoring employer becomes insolvent? If so, who provides the protection, and how does this operate? If the scheme itself is underfunded, are there any funding obligations on connected or associated legal entities?

The Occupational Pension Act established a statutory, compulsory reinsurance arrangement that covers the financial consequences of an employer's insolvency on ongoing pensions and vested entitlements.

The Occupational Pension Protection Fund (Pensions-Sicherungsverein a.G.), which has its registered office in Cologne, will assume the pension obligations if an employer operating a scheme becomes insolvent. Depending on the funding vehicle chosen, the Fund will guarantee:

  • Pre-retirement: all vested fractions of all affected company pension entitlements.

  • Post-retirement: all ongoing pension benefits.

The Occupational Pension Protection Fund is funded by annual contributions of employers operating the following types of company pension schemes:

  • Direct pension promise.

  • Support fund.

  • Some types of direct life insurance.

  • Pension funds (with a reduced premium rate).

The average contribution to the Occupational Pension Protection Fund over the last 40 years was 0.3% of the pension benefit obligations of an employer.

 

Online resources

German Federal Ministry of Justice (Bundesministerium der Justiz)

W www.gesetze-im-internet.de

Description. This is the official webpage of the German Federal Ministry of Justice. All German laws can be accessed under the menu "Gesetze/Verordnungen", including the Occupational Pensions Act (Betriebsrentengesetz) (BetrAVG).

W www.gesetze-im-internet.de/Teilliste_translations.html

Description. This subpage contains a small selection of non-binding English translations of German federal laws. The Occupational Pensions Act is not available.

German Social Security Pension Insurance (Deutsche Rentenversicherung Bund)

W www.deutsche-rentenversicherung.de

Description. This is the official webpage of the German Social Security Pension Insurance. The website is available in a selection of foreign languages (under "Fremdsprachen").



Contributor profiles

Dr Marco Arteaga, Partner

DLA Piper UK LLP

T +49 69 27133 350
F +49 69 27133 100
E marco.arteaga@dlapiper.com
W www.dlapiper.com

Professional qualifications. Germany, Rechtsanwalt (Lawyer)

Areas of practice. Occupational pensions and other retirement and pension systems.

Non-professional qualifications. Business Administration Degree (Dipl.-Betriebswirt)

Experience

  • Advising national and international clients, domestic government agencies and employer associations on all issues relating to occupational and other retirement and pension systems.

  • Particular expertise in M&A-related pension consulting. This includes the implementation and restructuring of company pension schemes, adjustment of pension benefits and legal disputes related to company pension schemes.

Languages. English, German

Professional associations/memberships. International Bar Association (IBA); Association of Occupational Pensions (ABA); Society for the Science and the Design of Insurance Systems (GVG).

Publications

  • Deferred Compensation, 3rd Edition 2013, together with Hanau/Rieble/Veit.

  • Gutachten zum 'Sozialpartnermodell Betriebsrente', Hanau/Arteaga, March 2016, Federal Ministry of Labour and Social Affairs.

  • Leitgedanken der Reformvorschläge im Rechtsgutachten von Hanau/Arteaga zum 'Sozialpartnermodell Betriebsrente', BetrAV 2016, 285.

  • Die Spielräume sind fast unbegrenzt, VW 2016, 8.

  • Wie die Betriebsrentenreform gelingen kann, DB 2015, 2447 (together with Hanau).

  • Der Gordische Knoten bei den Betriebsrenten, DB 2015, M5.

  • Die reine Beitragszusage soll kommen, DB 2015, 615 (together with Hanau).

  • Große Potenziale im Vorsorgegeschäft - Kollektive Lösungen in der betrieblichen Altersversorgung bieten Chancen für den Klein- und Mittelstand, VW 2014, 40 (together with Schareck).

Dr Annekatrin Veit, Counsel

DLA Piper UK LLP

T +49 89 23 23 72 123
F +49 89 23 23 72 100
E annekatrin.veit@dlapiper.com
W www.dlapiper.com

Professional qualifications. Germany, Rechtsanwalt (Lawyer), Steuerberater (Tax Adviser)

Areas of practice. Occupational pensions.

Experience

  • Advising national and international clients on all issues relating to occupational and other pension systems.

  • Particular expertise in all tax-related matters on retirement, including tax accounting, contractual trusts and long-term time accounts.

  • M&A-related consulting.

  • Implementation and restructuring of company pension schemes.

  • Adjustment of pension benefits and legal disputes related to company pensions.

Languages. English, German

Professional associations/memberships. Association of Occupational Pensions (ABA); Member of the working group for long-term time accounts (AGZWK).

Publications

  • Deferred Compensation, 3rd Edition 2013, together with Hanau/ Rieble/ Arteaga.

  • Korn, Einkommensteuergesetz, Commenting on all sections regarding occupational pensions (together with Arteaga).

  • Recht und Praxis der Arbeitszeitkonten, Wertguthaben, Altersteilzeit, Flexikonten, 2015 (together with Hanau/Hoff).

  • BB-Rechtsprechungs-, Verwaltungs- und Gesetzgebungsreport zur Bilanzierung der betrieblichen Altersversorgung 2015/2016, BB 2016, 747.

  • Auswirkungen von Arbeitnehmerwahlrechten auf die Bewertung der Pensionsrückstellung, BB 2015 , 171 (together with Hainz).

  • Steuerbilanzielle Zweifelsfragen beim AIFM-StAnpG im Hinblick auf betriebliche Versorgungsverpflichtungen, BB 2014, 1323 (together with Hainz).

  • Ansatz und Bewertung von Pensionsverpflichtungen – Anforderungen von Rechtsprechung und Finanzverwaltung, DStZ 2014, 600 (together with Hainz).

  • Betriebliche Altersversorgung bei Leiharbeitnehmern, NZA 2014, 1167 (together with Brandl/Haberkorn).


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