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

18.09.2026 | Press releases

KPMG Law Honored at the PMN Management Awards

KPMG Law was awarded first place in the Business Development category at this year’s PMN Management Awards. In addition, the project “The Agent-Based Law Firm”…

18.09.2026 | KPMG Law Insights

How the Data Act Affects the Drafting of Lease Agreements

The EU Data Act is also of great significance to the real estate industry, as modern commercial properties have become data spaces. Heating and air…

15.09.2026 | KPMG Law Insights

Reporting Deadlines for Cyber Incidents Under the GDPR, BSIG, and CRA—Every Hour Counts

After a cyber incident, companies have only 24 or 72 hours to file their initial report with the authorities. A single incident can trigger multiple…

11.09.2026 | KPMG Law Insights

The Procurement Acceleration Act and Sustainable Procurement: What Is Permitted and What Is Required?

The Public Procurement Acceleration Act took effect on July 1, 2026. The Act implements the reform of public procurement law that has been under discussion…

08.09.2026 | Deal Notifications

KPMG Law advises the shareholders and management of KODIAK on the sale of shares and the strategic partnership with Bencis

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) advised the shareholders and management of KODIAK GmbH (KODIAK) on the sale of shares to Bencis and the establishment…

07.09.2026 | In the media

KPMG Law advises Bosch Rexroth on the sale of its Active Shuttle product business to Neura Robotics

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) has provided legal counsel to Bosch Rexroth AG (Bosch Rexroth) in the sale of its product business related to…

31.08.2026 | In the media

Op-Ed in the Börsen-Zeitung – Interim Assessment of the European Crypto Regulation MiCAR

A year and a half after MiCAR took effect, it is clear that, despite European guidelines, there are still misunderstandings regarding the requirements. KPMG Law…

19.08.2026 | In the media

KPMG Law Interview in HAUFE: Even If AI Makes a Mistake, the Board of Directors Is Still Liable

AI analyzes, makes recommendations, and helps make decisions. But who bears the consequences if it makes a mistake? KPMG Law experts Vincent Manthey and Sabrina

19.08.2026 | In the media

KPMG Law Article in Bloomberg Tax: Germany’s Tax Crime Action Plan Pushes the Boundaries of the Constitution

The new 26-point action plan against tax and financial crime, issued by Germany’s finance and justice ministries, signals a shift toward tougher sanctions, closer interagency…

13.08.2026 | KPMG Law Insights

Federal Ministry of Finance Presents Draft Bill on Mandatory Use of Electronic Cash Registers and Combating Tax Evasion

In July 2026, the Federal Ministry of Finance (BMF) and the Federal Ministry of Justice (BMJV) presented an action plan to combat tax and financial

Contact

Christine Hansen

Senior Manager
Leiterin Betriebliche Altersversorgung

Heidestraße 58
10557 Berlin

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

© 2026 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