Die Abfindung von Versorgungszusagen

The settlement of company pension expectancies and entitlements is of high practical relevance. It allows employers to release themselves from the long-lasting pension liabilities and employees to achieve a premature payment of the pension capital. With the aim of preventing pension rights from being realised prematurely, these rights are subject to an extensive settlement prohibition pursuant to sec. 3 Company Pensions Act (BetrAVG). The work deals with the provision’s complex factual requirements and legal consequences, takes a stand on disputed and unsettled questions of interpretation and evaluates identified protection gaps in the light of the legislative objective. It shows that the provision does not fulfill its aims in all respects. Taking the inverse view, in a way, the constitutionality of the restrictions of private autonomy arising from the provision is examined. The author is a lawyer advising on employment law issues, primarily from the area of company pensions.