Personalvorsorge im Kontext von M&A-Transaktionen

In the context of M&A transactions or restructurings, effects on occupational benefits are not always considered in time. This article examines questions that arise in this context, in particular regarding the change of the employee benefit institution and the possible takeover of an affiliation contract. With a view to the practice of the Federal Supreme Court and the Federal Administrative Court, it concludes that the affiliation contract with an employee benefit institution is not always automatically transferred to the legal successor, not even in the case of an universal succession. In the case of a transfer of a business, the employees leave the previous employee benefit institution and join that of the acquirer, whereby there might be some leeway with regard to the time of transfer, which sometimes makes sense to use. Finally, the article attempts to provide an answer to the still unclarified relationship between the consequences of vested benefits in the case of a transfer of…