15 March 2018

Three recent judgements: Pensioenfonds Tandtechniek, PMT-Bovag and ABP-UPO

We have selected three recent judgements relevant for the pension sector. In the Pensioenfonds Tandtechniek case, the Enterprise Chamber determined that the accountability body is a representative body without policymaking influence. Boards of pension funds would do well to gain the support of the accountability body, but the Enterprise Chamber makes it clear that the accountability body must not overestimate its own role. In PMT-Bovag, the Supreme Court ruled that employers and employees affiliated with a mandatory industry-wide pension fund are bound to the division of premium expenses that has been determined by the mandatory industry-wide pension fund. The ABP-UPO case once again shows that a pension fund must be able to demonstrate that it has sent information to participants. If they can provide concrete information about the dispatch procedure and its documentation, dispatch does not have to take place by registered mail.

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