Pension Buyout

Pension obligations represent a considerable financial burden for numerous companies. The transfer of these obligations to commercial providers – Pension Buyout – is gaining significant traction as a solution and promises employers a final discharge of liability from their direct pension commitments. This analysis investigates the corporate, labor, and transformation law requirements applicable to creditor protection in order to achieve this goal. Central to this investigation is the introduction of the duty to secure assets (Ausstattungssicherungspflicht) as a new instrument for creditor protection. The author is a lawyer specializing in labor law, focusing on occupational pensions.