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

29.08.2025 | Unkategorisiert

Statement by Ulrich Keunecke on the special infrastructure fund in Politico

KPMG Law financial expert Ulrich Keunecke explains how the infrastructure special fund can be leveraged with capital from private investors. You can find the article…

25.08.2025 | Deal Notifications

KPMG Law is advising APELOS on the refinancing and acquisition of a practice group with around 50 practice locations.

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised APELOS Therapie GmbH, a leading therapy practice group in Germany, on the refinancing…

15.08.2025 | In the media

KPMG Law Statement in Die-Stiftung.de on the topic of foundation registers – The long road to digital order

The entry into force of the foundation law reform on July 1, 2023 marks a turning point in the German foundation system. The list of…

14.08.2025 | KPMG Law Insights

Electromobility in logistics – legal challenges

In order to reduce its CO2 emissions, the logistics industry is increasingly turning to electromobility. This is not only due to ESG regulations such as…

07.08.2025 | KPMG Law Insights

NIS2: How energy suppliers must protect themselves against cyber attacks

In July 2025, the Military Counterintelligence Service reported a significant increase in spying attempts and disruptive measures by the Russian secret service, according to media…

06.08.2025 | KPMG Law Insights

Tax havens: When business relationships trigger criminal proceedings

A German tech company had been paying license fees to a contractual partner in Panama for years without ever having any problems. However, few people

06.08.2025 | Deal Notifications

KPMG Law, KPMG in Germany and KPMG in Switzerland advised Bureau Veritas on the acquisition of Dornier Hinneburg and its Swiss subsidiary Hinneburg Swiss

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) together with KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) and KPMG AG Switzerland advised Bureau Veritas Group (Bureau Veritas) on the acquisition…

05.08.2025 | Deal Notifications

KPMG Law advises Athagoras Holding GmbH on the acquisition of IGES Group

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) provided legal advice to Athagoras Holding GmbH, a platform of the Munich-based PE firm Greenpeak Partners, on the acquisition…

05.08.2025 | In the media

Wirtschaftswoche honors KPMG Law as top law firm in public procurement law

The current ranking of the Handelsblatt Research Institute in cooperation with WirtschaftsWoche has selected the top law firms and top lawyers in the legal fields…

04.08.2025 | Deal Notifications

KPMG Law and KPMG AG advise NMP Germany on the acquisition of DESMA Schuhmaschinen GmbH

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) has provided legal advice to NMP Germany GmbH (NMP) on the acquisition of DESMA Schuhmaschinen GmbH (DESMA). KPMG Law…

Contact

Christine Hansen

Senior Manager
Leiterin 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