Case Law WTP ("Port Pilots and Transition")

Companies, pension funds, and insurers will have to adjust their pension schemes in the coming years to comply with the Future Pensions Act ("WTP"). The expectation is that this will lead to many legal proceedings. I will keep you updated on interesting rulings.

District Court of Rotterdam (Preliminary Injunction)
Date verdict: 27-12-2024
Reference: ECLI:NL:RBROT:2024:13102

Dispute

The Stichting Beroepspensioenfonds Loodsen ("BPL"), the occupational pension fund for pilots, plans to transfer the pensions accumulated with it into a new pension scheme under the WTP as of January 1, 2025. In a letter dated November 28, 2024, BPL informed the claimant about the expected amount of his pension after January 1, 2025. The claimant, a retired pilot, believes this notice was given too late. He therefore demands in summary proceedings that the transition for him be postponed.

The claimant has the right to receive, before the transition, the most accurate possible forecast of the expected consequences of the transition (Article 59 in conjunction with 145i of the Mandatory Occupational Pension Scheme Act). The law does not specify a deadline that a pension fund must adhere to. As a general rule, this information must be provided in a timely manner. The claimant argues that three months is a reasonable period, while BPL contends that one month is sufficient.


Assessment

The preliminary relief judge ruled that the time given to the claimant to consider the provided forecast was short. The claimant's pension is expected to increase by 8% as of January 1, 2025. Therefore, he does not need time to adjust his expenses due to a reduced pension. His interest lies in verifying the forecast, which can still be done after the transition. On the other hand, BPL has significant interests at stake. The transition is scheduled for January 1, 2025, and from that moment, BPL intends to switch to a single new scheme for all parties involved. The interests of BPL outweigh those of the claimant.

Note

The period for providing the information/forecast letter appears to be at least four weeks but preferably longer if possible. This will depend on the circumstances. The preliminary relief judge considered it important that the retired pilot's pension would increase in the short term. If there were a (substantial) decrease in the pension payment, this would generally be a reason for informing the pension beneficiary earlier, giving them the opportunity to adjust their expenses if necessary.