Expertise

Pensions

Our Pensions Group practice covers all legal aspects of pensions. We advise and represent employers, pension funds, general pension funds (APFs), premium pension institutions (PPIs), insurance companies, asset managers and other parties on the wide range of complex issues that may arise in connection with pensions. In addition, we advise on all legal aspects of pensions in mergers, acquisitions and joint ventures. The rapidly changing environment for pensions requires a multi-disciplinary approach. Our Pensions Group therefore consists of an integrated team of professionals from the various experts groups within our firm. 

We advise on a wide range of subjects, such as:

  • the pension deal (pensioenakkoord) that will be introduced in 2026
  • pension agreements including dealings with works councils
  • financing arrangements and administration agreements
  • mandatory participation in industry wide pension funds
  • governance of pension providers
  • information requirements and duties of care
  • licencing processes (PPIs and general pension funds)
  • funding requirements
  • outsourcing including administration agreements and investment management (including sustainability and ESG) such as the agreements with asset managers, fiduciary managers, custodians and central clearing parties
  • (cross border) collective value transfers
  • (unilateral) changes in pension agreements

 

We handle all disputes that may ensue in connection with pensions, such as investment disputes, disputes between pension funds and their service providers, disputes about duties of care, disputes in connection with the Industry Wide Pension Fund Obligatory Participation Act 2000 (Wet verplichte deelneming in een bedrijfstakpensioenfonds 2000), enforcement actions from DNB or the AFM and disputes on changes in retirement benefits. We also represent clients in Netherlands Supreme Court appeals on all legal aspects of pensions.

 

Our group is actively involved in developments in the pension sector, such as the pension deal that will be introduced in 2026, ESG policies, managing IT risks, outsourcing, duties of care, and the ongoing consolidation trend. Periodically, we organize Master Classes where we elaborate on new developments including the supervisory agenda of DNB and the AFM and discuss the impact thereof with our clients.

 

Recent litigation includes:

 

  • Assisting Shell in litigation before the Court of First Instance in The Hague and the Dutch Human Rights Committee related to age discrimination and co-determination law aspects of the introduction of a new pension scheme for new hires.
  • Assisting a company in the gaming industry in litigation before the Supreme Court related to the admissibility of an unilateral introduction of an employee’s contribution towards the pension premium.
  • Assisting Booking.com in litigation before the Court of Appeal and the Supreme Court related to the question whether Booking.com qualifies as a travel company in the sense of the mandatory pension fund for the travel industry, or as an IT-platform that falls outside the scope of that mandatory pension fund.
  • Assisting pension funds in several Supreme Court appeals related to directors’ liability for unpaid pension premiums.
  • Assisting ABP in litigation before the Court of First Instance and the Court of Appeal in Amsterdam related to the pension scheme for military employees.

 

For the composition of our Pensions Group as from 1 January 2020, see graphical overview below.

 

Please contact Eva Schram for more information.

 

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