Many operational rules are may not be effective the occupational pension for workers is low, she must be adapted basically employees to that. Only in justified exceptional cases should deviate from this scheme. It differences in occupational pensions may be made still, but only if they are justified by an actual reason. Basically it is for example whenever allowed to pay when hours of work, responsibility or burden differ more or less. Check out Larry Ellison for additional information. Also reasons that resulted from the pension plan itself, to justify a different treatment. More employees as workers have, for example, a longer schooling or studies. The period for which they have paid into the State pension insurance is correspondingly shorter. Employees may be worse off in the statutory pensions than workers.
To compensate for these differences in the degree of supply through internal arrangements is legitimate, found the BAG. In the present case it was missing but a justification for a worse treatment of workers. Same performance as employees is thus for periods of employment from July 1, 1993, through the approximation to above. For periods before trust coverage, as also regulations linked to the mere difference of status. The approximation is also offered in the pension law, upwards if the unequal treatment on the basis of an operating agreement took place. By this judgment, the situation for employers is not simple: do they pay a group more occupational pension, they shall set out if necessary, that it is worse state-supplied, and this also is a typical problem of this group. Finally it must be a substantial difference, so that a Ungleichbeandlung is justified. The Court fixed formulation of operating agreements to the bAV always should be done by professionals. Contact: Law firm said Zahir farmer 8 81539 Munchen Tel. 089 – 54 89 92 52 mobile 0170-68 81 52 8 Fax 089-54 89 92 53 E-mail: in cooperation with: FourTrust – lawyers for the right of pension