Reorganisations increase the risk of missing pension compensation

Publication date: 29 January 2026

The number of reorganisations and dismissals is rising due to the deteriorating business climate, higher labour costs and the emergence of AI. As a result, an increasing group of employees is losing their jobs just before many pension funds still have to transition to the new pension system. These dismissed employees may therefore miss out on compensation intended to offset the negative effects of the future abolition of the uniform contribution system. Colleagues who remain employed do receive this compensation. How can pension compensation still be secured?

The link between dismissal and missing compensation

Compensation for the transition to the new pension system under the Future Pensions Act is only intended for employees who are actively participating in the pension scheme at the time of the transition. Anyone who leaves employment before the transition date becomes a deferred member and loses the right to compensation. This compensation is often a lump sum deposited directly into the employee’s personal pension account with the fund. It is primarily financed from the reserves of the pension fund. An employee who is dismissed cannot claim this compensation from the employer. The compensation from the fund does not apply if the pension scheme is administered by an insurance company or a premium pension institution.

Possible solutions to still realise compensation for the dismissed employee

1. Postponing the dismissal date

If an employee remains employed until after the transition date, pension accrual continues and the employee is still an active participant at the time of the transition. The compensation is then secured. Many employers hesitate because workforce reductions often need to be realised within the current calendar year. If an employer does agree to postponement, it may seem logical that the severance payment is reduced if no work is performed during the extended period.

2. Continued pension accrual

If an employee continues to accrue pension in the scheme until the transition moment—despite the termination of employment—they may still qualify for compensation. Social partners may have agreed that compensation is also awarded to participants who voluntarily continue their pension accrual. However, this is not mandatory and must therefore be assessed per pension fund.

Continued pension accrual is possible for tax purposes in two ways: either the employer continues paying the premium (while preventing overlap with pension accrual in a new employment), or accrual continues on the basis of an income related benefit. Both methods involve significant fiscal risks and complexities, so they must be carefully assessed in advance.

3. Supplementary financial arrangement outside the pension scheme

If continued pension accrual is not possible or not desirable, or if voluntarily continuing participants do not qualify for compensation, the employer may offer a separate financial compensation. Although this does not count as a pension right, it may have the same financial effect. Such compensation increases employer costs and is not legally required. Because the pension compensation issue often affects older employees, a social plan may take the loss of compensation (partially) into account.

In this context, it is important to ensure that no RVU levy of 57.7% applies due to the additional compensation.

4. New employment with an employer covered by a pension fund

This option cannot always be used, but is still worth mentioning. If an employee secures new employment with an employer affiliated with a pension fund that has not yet transitioned and that provides compensation at the transition date, the employee may still qualify for compensation. The compensation is not guaranteed to be equal to what the previous fund would have provided, except when both employers fall under the same (sectoral) pension fund.

Conclusion

The combination of increasing dismissals and upcoming transition dates is creating a ‘perfect storm’. It raises the risk that employees will miss pension compensation. While the compensation aims to address the loss of future pension accrual—and a dismissed employee no longer has future accrual with the employer—the loss of compensation remains an undesirable side effect of dismissal. Good employer practice requires organisations to take this risk seriously during reorganisations or other forms of termination.