Pension law is a complex area of law in which much has changed recently and in which more will change in the coming period. Since the interests are often high, we therefore see an increasing need for advice, explanation and support.

HerikVerhulst has extensive experience and expertise in pension law, and we advise our clients on matters including:

Disputes regarding compulsory membership in a pension fund:
There has been an increase in the number of employers who have been informed by the pension funds that they are obliged to join their pension fund, sometimes even retrospectively. This may have a huge impact on your organisation. We regularly advise employers regarding the interpretation of the scope of an obligation decision and whether a company is obliged to join a pension fund and, if so, which pension fund. In close consultation with our clients and the pension fund, we seek a suitable solution, but if such fails, we also have extensive experience in legal proceedings in this area.
See, for example, the high-profile ruling on whether a pancake is a cake: ECLI:NL:GHDHA:2021:832, Gerechtshof Den Haag, 200.270.321/01 (rechtspraak.nl)

Other pension disputes:
Pension disputes can unfortunately not always be avoided. Discussions may arise about, for instance, pension entitlements, the interpretation of pension legislation and/or amending the pension agreement. Our specialists can support you in these matters and - if necessary - represent you in legal proceedings.

Mergers and acquisitions:
In transaction, such as mergers and acquisitions, we regularly advise clients on pension liabilities, pension and rights and its legal implications.

Change of working conditions:
Changing employees' terms of employment is a complex matter. To achieve this, formal rules must be followed properly and carefully. In doing so, we ensure compliance with laws and regulations with a practical approach. This is done from vast experience regarding adjustment and harmonisation processes within organisations.

Employee participation en ondernemingsraden:
Changing pensions is a matter in which the works council has a right of consent. We are engaged by both employers and works councils to provide guidance in this matter.

If you have questions regarding pension or are facing a pension dispute, contact one of our pension law specialists.