Press release febs Consulting GmbH dated 12.01.2013 ongoing occupational pensions must gem. 16 shall at least every three years are adapted to the development of purchasing power. In economically depressed times, this legal obligation hurts especially those companies that have dealt with this adaptation too generous in the past. Employers are occasionally very creative in finding reasons for a rejection of the adjustment. On February 10, 2003 that had once again the claim of a worker to decide on BAG, was denied a pension adjustment due to poor economic situation of the employer.
The earnings of the employer company was positive, that of the group to the employer involved, for it but all the more worse. The employer refused the adjustment not to endanger the existence of the group. The BAG rejected these negative adjustment decision of the employer. It was also within a group exclusively on the situation of the individual employer company. An exception applies only If the slant of the other group companies compromised also the employer in its existence. This will require but concrete evidence that the employer must prove. Thus, the Court clarifies that applies the so-called calculating penetration not at the expense of workers.
In plain language: it the group as a whole than the eingebundenen employer company, then the occupational pension scheme must be adjusted. This does not apply but vice versa. The importance of this ruling is that the BAG in the explanatory statement is quite incidentally also the so-called calculating penetration into question”, explains Andreas Buttler, Managing Director of bAV consulting firm of febs Consulting GmbH. That is according to opinion of the bAV expert quite as bright spot for affected employers. Thus on the horizon, that in the future generally is placed on the circumstances of the individual company and not of the group as a whole? It offers a complete overview of the practice-relevant legal developments in the pension FEBS Academy for occupational pensions for February 24, 2014 with the current challenges 2014 seminar for employers “. See detail information and the complete program of bAV seminar seminars.