Search
Contact
19.07.2019 | KPMG Law Insights

Company pension plan – double contribution

Double contribution (BVerfG, decision dated June 27, 2018, 1 BvR 100/15 and 1 BvR 249/15)

By Christine Hansen and Jean-Baptiste Abel

In two decisions, the Federal Constitutional Court ruled that benefits from pension fund commitments that were continued by the employee with his or her own contributions after leaving the employment relationship are not subject to the obligation to pay contributions to the pensioners’ health insurance if the employee has become the policyholder of the continued contract. The Federal Constitutional Court has thus extended to pension fund commitments the legal situation that had existed since the ruling of September 28, 2010 (1 BvR 1660/08) for privately continued direct insurance policies.
The gKV-Spitzenverband has announced in a circular letter that it will accept repayments up to the statute of limitations on a fair basis, and has announced in another letter that it will also apply the BVerfG ruling to pension fund provisions. It remains to be seen how the requirement of being a policyholder, which is alien to the pension fund, is to be dealt with here.
It is still unclear whether there will be a further push to abolish the so-called double contribution system – the contribution of company pensions in individual cases in both the vesting and pension phases – by way of a major solution. In the Federal Government, the Bundestag and the Bundesrat, there have been attempts from various sides (for example, the introduction of an allowance instead of an exemption limit and a return to half the contribution rate), but ultimately the high expected costs are a major hurdle. Since the Federal Constitutional Court expressly has no reservations about the legality of double contribution, the debate is likely to drag on for some time.

Conclusion: The BVerfG has retained the requirement that the employee who has left the company must become an insurance policyholder in order to benefit from the more favorable situation under contribution law. Employers should therefore ensure that they swiftly enable departing employees who wish to continue the provision with their own contributions to enter into the policyholder position in order to avert possible liability for damages. For employers, the double contribution generally has no direct impact. However, the debate and reporting in consumer magazines are increasingly eroding the esteem in which company pensions are held by employees.

Explore #more

06.05.2025 | In the media

Wirtschaftswoche honors KPMG Law

KPMG Law was named “TOP Law Firm 2025” in the field of M&A by WirtschaftsWoche. Ian Maywald, Partner at KPMG Law in Munich, was…

06.05.2025 | KPMG Law Insights

Social insurance obligation for teachers – transitional rule creates clarity

Teachers and lecturers are often hired on a self-employed basis. This practice makes the German pension insurance fund sit up and take notice. It is…

02.05.2025 | In the media

KPMG Law Statement in FINANCE Magazine: How CFOs can save up to 80 percent in the legal department

The cost pressure in companies is increasing – also in legal departments. Two strategies have now become established to save 50 to 80 percent of…

30.04.2025 | In the media

KPMG Law study in the Neue Kämmerer: How does the special fund get into the municipalities?

A special fund of 500 billion euros is to finance investments in infrastructure over the next twelve years. Of this, 100 billion euros are earmarked…

29.04.2025 | KPMG Law Insights

Anti-money laundering and transparency register – what will the new government change?

According to the coalition agreement, the future government wants to “resolutely combat” money laundering and financial crime. The coalition partners have announced that legal…

25.04.2025 | KPMG Law Insights

Coalition agreement: The plans for supply chain law, EUDR and GTC law

In the coalition agreement, the CDU/CSU and SPD agreed: “We will also abolish the National Supply Chain Due Diligence Act (LkSG).” At first glance,…

25.04.2025 | In the media

Guest article in the Frankfurter Rundschau: Overcoming the investment backlog with speed

Money alone will not be enough to implement the investment targets. The administration must create internal structures that enable rapid action. In a guest article…

23.04.2025 | KPMG Law Insights

Climate protection and sustainability in the 2025 coalition agreement

Climate protection has achieved a level of importance in the coalition agreement that was not expected. It had not played a significant role in the…

17.04.2025 | KPMG Law Insights

What the coalition agreement means for the financial sector

The coalition agreement between the CDU/CSU and SPD also has an impact on the financial sector. Here is an overview. Increasing the energy supply The…

17.04.2025 | KPMG Law Insights

AWG amendment provides for tougher penalties for sanction violations

Due to the ongoing Russian war of aggression against Ukraine, the EU wants to make it easier to prosecute violations of EU sanctions. The corresponding…

Contact

Christine Hansen

Senior Manager
Leiter Betriebliche Altersversorgung

Heidestraße 58
10557 Berlin

Tel.: +49 30 530199150
christinehansen@kpmg-law.com

© 2024 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll