Authors: Dr. Lars Hinrichs, Elisa Ultsch and Katja Sartori-Röthke
Our Autumn 2025 Client Alert on current case law in company pensions coversthe following judgments:
(1) the judgments of the Federal Labor Court (Bundesarbeitsgericht,
BAG) dated 26 August 2025 (3 AZR 31/25) and 11 March 2025 (3 AZR 75/24 and 3
AZR 53/24) on the conclusive nature of collectively bargained provisions on
salary conversion (Entgeltumwandlung) with regard to the statutory
employer contribution pursuant to Sec. 1a (1a) of the German Company Pensions Act
(Betriebsrentengesetz, BetrAVG). The BAG continued its case law
holding that a conclusive collectively bargained provision on salary conversion
may exclude the statutory employer contribution under Sec. 1a (1a) BetrAVG—even
if the relevant collective bargaining agreement entered into force before Sec.
1a (1a) BetrAVG was introduced.
(2) the judgment of the BAG dated 6 May 2025 (3 AZR 65/24) on possible
gender-based discrimination arising from the exclusion of child-rearing periods
in the qualifying period for a company pension. The BAG denied that such
discrimination exists.
(3) the judgment of the Munich Regional Labor Court (Landesarbeitsgericht,
LAG) dated 17 March 2025 (4 SLa 406/24) on group-related financial
recourse in pension adjustments under Sec. 16 BetrAVG. Following recent BAG
case law, the LAG Munich held that the employer’s integration into a
financially strong group does not automatically trigger an adjustment
obligation under Sec. 16 BetrAVG. The decisive factor remains the employer’s
own financial situation.
(4) the judgment of the Baden-Württemberg Regional Labor Court dated 24 January
2025 (7 Sa 18/24) on assessing the level of a pension adjustment where Sec. 16
(1) BetrAVG is combined with additional annual minimum adjustments.
Read more