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

23.03.2026 | Deal Notifications

KPMG Law, KPMG Law AT as well as KPMG in Germany and KPMG in Austria advise GOLDBECK GmbH on the acquisition of 50 percent of the shares in ZAUNERGROUP Holding GmbH

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and Buchberger Ettmayer Rechtsanwälte GmbH (KPMG Law AT) as well as KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG in Germany) and KPMG…

19.03.2026 | KPMG Law Insights

Business Judgement Rule in the use of AI: how governing bodies are liable for decisions

If an AI provides the basis for business decisions, the people responsible are liable, not the machine. This makes the use of artificial intelligence risky…

16.03.2026 | KPMG Law Insights

KPIs in the legal department: How legal becomes strategically effective through control, transparency and data analysis

Today, legal departments are facing a strategic turning point: they must reliably hedge risks, but at the same time enable speed, control costs and make…

13.03.2026 | KPMG Law Insights

Commercial courts: when they are worthwhile for companies – and when they are not

Large commercial disputes are given courts specially tailored to their needs: the Commercial Courts. The German legislator introduced it with the Act to Strengthen the

10.03.2026 | Deal Notifications

KPMG Law advises on the sale of Krasemann Hausverwaltung to Buena

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) provided legal advice to the KRASEMANN family on the sale of KRASEMANN Immobilien- & Gebäudeservice GmbH (KIGS) and KRASEMANN…

09.03.2026 | KPMG Law Insights

MiCAR and whitepaper obligations – what the transitional regulations mean

The Markets in Crypto-Assets Regulation (MiCAR) has been in force for just over a year. Among other things, MiCAR obliges issuers and providers of crypto…

09.03.2026 | In the media

Guest article in Private Banking Magazine: What tokenized banknotes mean in day-to-day treasury operations

The future of payment transactions will be shaped not by new currencies, but by new processing models. A practical report by Marc Pussar (KPMG Law),…

06.03.2026 | In the media

Guest article in smartlegalmarket: Trends for legal departments in 2026 & 2027

KPMG Law has been surveying international legal departments on their challenges for more than ten years. The “Right to Progress” report is now regarded as…

06.03.2026 | KPMG Law Insights

Carve-out: The biggest risks and how the legal workstream avoids them

A carve-out does not usually fail due to a lack of ideas. And not due to a lack of buyers. Nor do they usually fail…

04.03.2026 | In the media

KPMG Law expert with statement in dpn magazine on the Location Promotion Act

Shortly after coming into force, the Location Promotion Act is apparently already having a noticeable effect on the investment plans of institutional market participants. In…

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