The accrued individual pension entitlements to the collective pension assets (the pension fund assets) must be converted into individual pension capital accounts. This process is referred to as invaren (the transfer of accrued rights into the new system).

This Genoteerd examines the allocation of these pension fund assets and the role of social partners and pension funds in that process. An unbalanced allocation, constituting a breach of the applicable legal standard, may give rise to liability for damages towards affected parties. For that reason, the central legal question addressed in this contribution is: When does an allocation of pension fund assets qualify as unbalanced? Attention is also paid to the extent to which historical indexation deficits under the old pension system should be considered when allocating pension fund assets under the new system.

The complete publication can be accessed in Dutch.

Contact 

If you have any questions about the transition to the new pension system, the transfer of existing pension arrangements, or the allocation of pension assets, please feel free to reach out to one of the advisers listed below.