Search
Contact
14.05.2019 | KPMG Law Insights

Company pension scheme – What you need to know… … about the new mandatory employer subsidy for deferred compensation (Section 1a (1a) BetrAVG)

You need to know…
… on the new mandatory employer subsidy for deferred compensation (Section 1a (1a) BetrAVG)

by Christine Hansen and Jean-Baptiste Abel

In our Client Alert https://kpmg-law.de/mandanten-information/weichenstellungen-beim-arbeitgeberzuschuss-zur-entgeltumwandlung/ , we have already informed you about the current, and in some cases still controversial, course of the new subsidy for deferred compensation. Do you already know the most important things about the grant? Here we summarize in 5 points for you:

  • From when does the subsidy apply? For new deferred compensation agreements since January 1, 2019, the subsidy applies immediately; for older agreements, it does not apply until 2022. In our view, the point of reference is the time of the specific agreement with the employee, not the act of establishment under collective law (collective agreement, works agreement).
  • In what amount is subsidy to be paid? The amount of the employer’s allowance is based on two variable parameters: (1) it comprises 15% of the converted remuneration, (2) if and to the extent that the employer actually saves social security contributions (“SI contributions”). Thus, the amount of the subsidy depends on the actual amount of the conversion itself. Another decisive factor is whether the employer saves SI contributions through deferred compensation. The relevant SI contributions are the contributions to statutory health, nursing care, pension and unemployment insurance as well as the employer’s contribution to pension insurance to occupational pension schemes and to voluntary or private health and nursing care insurance and lump-sum contributions for marginally paid employees, but not apportionments to accident insurance and under the Expenditure Compensation Act or insolvency benefit apportionments.
  • When is the SV contribution saving assessed? Actually annually – but the SV carriers mean: monthly. However, in the case of employees who receive special payments in one or more months that cause them to exceed the income threshold for pension insurance, this view leads to the payment of an allowance that, in our opinion, is not owed under labor law because – viewed over the year – there is no saving of SI contributions. The opinion of the social security institutions does not bind the labor courts. Nevertheless, the circular is likely to have considerable factual significance – e.g. also in payroll accounting software.
  • Offsetting of other grants? The question as to whether a previous employer’s allowance should be credited to the allowance under Sec. 1a para. 1a BetrAVG may be credited, harbors considerable potential for conflict. In principle, offsetting is only possible if the legal basis of the existing (voluntary) allowance explicitly refers to the SV savings. Check carefully whether crediting is possible with legal certainty.
  • How will the grant be used? The subsidy must be paid into the same contract as the deferred compensation. It is questionable how to proceed if the pension provider refuses to increase the endowment. Then a new contract is probably to be endowed. In the opinion of the BMAS, however, it is also permissible to reduce the conversion amount accordingly so that the deferred compensation amount and the subsidy result in the previous conversion amount.

Conclusion: We recommend that employers review their existing pension arrangements to determine whether there is a specific need for adjustment. The introduction or adjustment of the employer’s allowance should be carried out in compliance with the works council’s co-determination rights under Section 87 (2). 1 No. 8 and 10 BetrVG and after joint discussion of administrative issues with the pension providers.

Explore #more

17.12.2025 | KPMG Law Insights

AI-supported risk checks of NDAs and CoCs: how legal departments benefit

Artificial intelligence can relieve legal departments of routine tasks such as checking non-disclosure agreements (NDAs) or codes of conduct (CoCs). These documents are part of…

16.12.2025 | In the media

Interview with KPMG Law experts: CSDDD after the omnibus: “Toothless tiger” or pragmatic solution?

The agreement on the Omnibus I package is causing discussion. Among other things, the thresholds for the EU Supply Chain Directive (CSDDD) have been significantly…

12.12.2025 | KPMG Law Insights

Focus offshore: NRW buys extensive tax data on international tax havens

According to recent press reports from December 11, 2025, the state of North Rhine-Westphalia has purchased an extensive data set with tax-relevant information from international…

12.12.2025 | Deal Notifications

KPMG Law advises The Chemours Company on the implementation and closing of a large-volume factoring financing

KPMG Law Rechtsanwaltsgesellschaft GmbH (KPMG Law) advised the US-American Chemours Company on the implementation of a cross-border factoring financing. The legal implementation was managed by…

11.12.2025 | KPMG Law Insights

First omnibus package to relax CSDDD, CSRD and EU taxonomy obligations

Negotiators from the EU Parliament and the Council have now reached an agreement on the outstanding points of the first omnibus package. The content of…

11.12.2025 | KPMG Law Insights

IPCEI-AI: Requirements for funding and evaluation criteria

On December 5, 2025, the Federal Ministry for Economic Affairs and Energy launched the expression of interest procedure for the “IPCEI Artificial Intelligence” (IPCEI-AI) funding…

11.12.2025 | In the media

Interview in TextilWirtschaft – What the relaxed EU supply chain law means for the industry

After weeks of debate, the weakened form of the CSDDD has now been adopted in Brussels. This brings new, complex legal uncertainties for companies, says…

02.12.2025 | KPMG Law Insights

Implementation of the Pay Transparency Directive: what the expert commission recommends

The EU Pay Transparency Directive has been in force since June 2023 and must now be transposed into German law. In the coalition agreement,…

28.11.2025 | In the media

KPMG Law Guest article Expert forum on employment law: Between theory and practice: The EU Blue Card and the right to short-term mobility within the EU

Nowadays, not only employees but also employers want to create more attractive working conditions. For some time now, so-called workstations / work-from-anywhere programs or other…

26.11.2025 | KPMG Law Insights

EU deforestation regulation forces companies to act

Anyone who trades in or uses the raw materials soy, oil palm, cattle, coffee, cocoa, rubber and wood and certain products made from them should…

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