Product Description: "Guiding Through the Complexities of Pension Provision in Business Transitions"

The pension provision plays a significant role during the transition of a business. While employees have a vested interest in preserving and ensuring the continuity of their pension, the transfer of a business can often lead to discontinuity. The changes in organizational structures and shifts in business activities that accompany such transitions often have implications for continued membership in an industry pension fund or participation in a pension scheme within a corporate group.

A crucial question that arises when an exemption from mandatory participation in an industry pension fund has been obtained is whether this exemption can be retained after the transfer of a business. Additionally, the financial aspect of pension provision carries considerable weight. For the acquirer of a business, it is essential to ascertain the extent to which the acquired company's pension scheme is funded. In simple terms, this involves determining whether there is a deficit or a surplus and identifying any resulting obligations or rights for the acquiring company.

The regulations governing these matters are a unique blend of labor law, specialized pension legislation, and pension engineering. Moreover, the tremendous diversity in pension schemes in the Netherlands means that handling pension-related issues in the context of business transfers requires bespoke solutions. This book, primarily written from a legal perspective, aims to serve as a comprehensive guide in navigating the complexities of pension matters in relation to business transitions.

About the Author

Prof. mr. E. Lutjens is an attorney at van Mens & Wisselink Advocaten in Amsterdam and a Professor of Pension Law at Vrije Universiteit Amsterdam. With their extensive expertise in the field, the author provides invaluable insights and analysis to help practitioners understand and address the intricacies of pension-related challenges in the context of business transitions.