Pia Scheufler Auswirkungen des Verbots der Altersdiskriminierung auf die betriebliche Altersversorgung

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By the European Anti-Discrimination Directive of 27 November 2000, the ECJ case law on age discrimination and the implementation of various European directives by the german AGG the subject age-discrimination in employment and occupation is increasingly falling into the public discussion. The legal debate on the issue age discrimination is only just beginning. It will occupy in the coming years the legal literature and case law at both national and European level strongly.

This paper examines how the prohibition of age discrimination in the national and European expression impact on the occupational pension scheme. Checks are age-related provisions of the BetrAVG the vesting of pension rights and the calculation of the amount of voltage-vested entitlement; in addition, the practice of known provisions in the company's plans (such as, for example, age difference clauses, rules on maximum age for admission). The latest development at European level with the judgment of the ECJ on the requirement of the so-called Unisex rates in the insurance industry flows to the impact on occupational pensions in the examination in round view.

Another important ingredient is the examination of the questions: Does the AGG and the prohibition of age discrimination in the European primary law retroactive effect and must therefore be engaged in existing supplies? Has a through pension funds, which the employer uses to fulfill its obligation to perform an occupational pension scheme, to stand up for the observance of a non-discriminatory supply system?