Pensions are often described in simple terms in the terms of employment: “You will participate in our pension scheme”. Behind this simple description are complex contracts, contracts between the employer and the pension fund or pension insurer, regulations describing the various forms of pension. And it often involves more than just the pension for old age. Surviving dependants’ pension, occupational disability pension, each form of pension has its own characteristics and regulations.
Even the choice of whether to offer a pension scheme is not always a voluntary one. In very many sectors, participation in the pension scheme of the relevant sector has been made compulsory. Whether the employer then meets the description of ’employer’ in the sector often leads to discussions.
For companies and organisations
You are approached by a pension fund for compulsory affiliation (a ‘scope investigation’), you want to object to an assessment of the fund, or object to an imposed premium invoice or writ of execution. You may also be accused by your (ex-)employee, a surviving relative or even pensioners that matters relating to pensions are not properly executed. We know our way around this and will help you make the best choices in your case.
For private individuals
Pension is there to provide you with certainty of income in old age, or in case of incapacity for work, or for your surviving dependants should you pass away. At that moment, the pension is claimed. It may happen that the pension for you or your surviving dependants is not, or not as well taken care of as expected. It is also possible that your employer and the pension fund decide to change the pension scheme. Is this allowed? We can check this for you and advise you on the next steps to take.
Pension in practice
For example, our lawyers were involved in the following issues:
- Successfully defending on behalf of an employer against a pension claim from a former director
- On behalf of a group of employees, handling an appeal against a unilateral amendment to the pension scheme
- Providing advice to a surviving relative after the pension fund granted a (too limited) benefit
- Successfully lodging an appeal on behalf of an orphan against the decision of the pension fund to reject an orphan’s pension
- Instituting an objection against an injunction to collect pension premiums and reaching a settlement with the pension fund
- Advising a self-employed person on compulsory membership of an occupational pension fund
- Conducting appeal proceedings regarding occupational disability pension