We mainly practice Dutch pension law. Our fields of practice also include labour law and insurance law.
This field of practice comprises the second pillar pension plans which are contracted between employer and employee, in addition to the first pillar state pension benefits (the Dutch General Old Age Act). These second pillar pension plans are insured with insurance companies, company pension funds or industry-wide pension funds. These providers are regulated by the Dutch Pensions Act of 2007. We advise and assist the decision-makers in this playing field, i.e. the executive and supervisory boards of pension funds and companies as well as works councils and codetermination and accountability bodies of pension funds or associations of pensioners.
Regularly, we act as lawyer's lawyer and advise and assist other law firms with our specialised knowledge. For instance, we perform the pensions due diligence in case of a merger or takeover, and we draft the pensions paragraphs in the Sales Purchase Agreement. Also, we deal with labour law issues with a pensions component. Aided by external actuarial advisers, we are able to establish the financial merits of a pensions case and provide strategic advice.
We have extensive experience in turnaround management of pension funds, implementing the continuously changing pension fund governance principles founded in the Dutch Pensions Act. Also, we assist pension funds and employers dealing with the financial consequences of low interest rates and longevity, e.g. advising on pension funds mandatory recovery plans or on employer funding obligations in respect of deficits.
We also practice Dutch labour law, with a focus on the borders of labour law and pension law, including severance packages for senior staff and management.
Our labour law practice also includes codetermination matters relating to pension plans. We facilitate the decision-making process while introducing and amending labour and pension agreements.
Our third field of practice is Dutch insurance law. As is the case with our labour law practice, there is often a connection with pensions and other employee benefits. Specific rules are applicable to collective or individual pension and life insurance and disability coverage.
Often, we advise on the legal aspects of collective pension insurance proposals and contracts. In other cases, we are involved in litigation regarding the acceptance or coverage of pension and disability risks.