We have a specific knowledge and expertise in health insurances (disability insurances, hospitalization insurances). In this respect we deal with both legal and tax issues and litigation.
Discrimination issues are a particularly hot topic in relation to occupational pensions and other group insurances. There have been a number of court cases and disputes on this matter. We help clients analyzing their pension plans in light of the regulations and case law in this field and to represent them before the court in case of litigation.
We advise insurance companies on legal issues and litigation relating to the business of insuring individual and collective pension arrangements and relating to public sector pensions and health insurance (disability, hospitalization).
In order to do this, we can rely on an in-depth knowledge of the life insurance and health insurance regulations.
Working particularly in conjunction with our foreign correspondents, who have been selected for their expertise in this field, we cover all the tax and legal aspects allied to:
- international mobility: the impact on occupational pensions and legal pensions in the countries involved, signing up for overseas social security (OSSOM), etc.
- setting up “pan-European” pension plans or funds.
We help our clients with their disputes relating to (legal and occupational) pension matters, to disability, health and hospitalization insurances, whether in court or before the authorities. We also assist our clients in arbitration procedures.
We help clients to identify the impact of a corporate reorganization on their pension plans, on other group insurance and on their pension institution and help them to define the resulting obligations and opportunities.
In the context of transfers of undertakings, we deal with legal audits of existing pension plans, drafting “pension” clauses in the SPA and defining the legal obligations of both seller and buyer.
We also deal with all legal aspects arising after the closing date.
We help clients with all legal and tax aspects of individual and collective pension arrangements, both for salaried and self-employed employees and self-employed directors.
Our knowledge concerns company level and industry wide pension plans.
We draft and amend pension plan rules and analyze whether they are in accordance with the relevant legislation. We also define the procedures to be complied with while implementing or amending pension plans and draft the necessary documents (CBA, agreement to take over the rights and obligations in the event of intra group mobility, accompanying note, brochures, etc.).
We assist our clients when changing pension provider.
We deal with the tax and social security aspects of pension plan funding and the pension benefits.
We assist our clients in complying with the legal transparency and reporting obligations (benefit statements, information/consultation of employees, Sigedis declaration, FSMA reporting, etc.).
We help our clients in defining the opportunities and legal obligations resulting from intra-group mobility, international mobility, exit of a plan member due to retirement or during his/her career.
Finally, on a regular basis we provide for tailor-made in-house trainings for our clients.
Pension funds must comply with specific regulations that ask for a specific expertise and experience.
We assist (Belgian and pan-European) pension funds with all legal aspects of their organization, both for major projects as for their «day-to-day» organization.
This includes the setting up of a pension fund, its authorization, the way it is structured, the corporate governance rules, its reorganization (merger, split), transfers to and from other pension providers, extension of its activities abroad, and winding-up.
We draft the following documents : by-laws, management agreements, corporate governance rules, internal rules, specific contracts, procedure for handling complaints, pension plan rules, benefit statements, exit letters, documents in the event of a wind-up, etc.
Moreover, we assist pension funds in their contacts with the FSMA and the tax authorities.
We also take care of corporate housekeeping (publications in the Belgian State Gazette, court registry filings, drafting convening notes and minutes, e-corporate).
We are compliance officer of a large number of pension funds.
We regularly organize tailor-made internal training.
Thanks to the synergies with our IP/IT team, we are able to assist our clients with the implementation of the data protection regulations (specifically GDPR). We are able to combine our expertise in Data Protection with our in-depth knowledge of pension funds and pension plans.
We deal with the specific legal aspects of public sector pensions ( “statutory” retirement and survivor’s pensions, disability pensions and occupational pensions (civil servants and employees)).
Moreover, we have developed a specific expertise in identifying the obligations and opportunities in relation to the State pension of civil servants, including the funding possibilities and the application of the limitations (such as the Wijninckx limitation).
We are compliance officer of a number of pension funds managing the State pension of civil servants.
Taken into account the complexity and the fast development of the regulations relating to retirement and survivor’s pensions, we also deal with questions concerning the entitlements and obligations of employees in the three pension regimes (salaried employees, self-employed employees and civil servants).
Moreover, we have a specific expertise in public sector pensions.