A merger, acquisition, or split can sometimes have significant financial and legal consequences for the pension situation, especially if the situation is not compliant. The transaction not only affects the employer and the employees but also the pension provider. Can it still act as such, or does the acquisition create an obligation to join a (different) industry-wide pension fund?

Our experienced merger and acquisition specialists conduct due diligence research on pensions and related topics daily. We advise on and assist with the acquisition and address related issues, such as scope investigations, financial aspects, consultations with pension providers, and post-deal activities.

In mergers, acquisitions, and restructurings, KWPS frequently collaborates with - and is commissioned by - corporate and labor law attorneys.

Contacts: ‍

Jan-Olivier Kuijkhoven and Natasja Winter

Change and harmonization processes regarding employee benefits involve a lot, especially concerning pensions. Not only the content but also the process and the various stakeholders require attention. KWPS has extensive experience in managing and advising on such processes.

This experience ranges from qualitative and quantitative research to implementation and maintenance. We project the financial impact of change and harmonization processes, both in the short and long term, based on file projections and other variables.

With our analysis, the employer not only understands which rights, obligations, and risks exist, arise, or disappear but also what the cost implications and long-term effects are. If desired, all aspects are considered during changes. To this end, we regularly collaborate with - and are commissioned by - other specialists, such as labor law attorneys.

Contacts: ‍

Jan-Olivier Kuijkhoven and Natasja Winter

Advice

In the Netherlands, employers must be assisted by an insurance intermediary if they want to take out a pension product. KWPS is qualified to do so, is completely independent of performers and never receives a commission. Our interest is the customer interest. We investigate which employment conditions are appropriate and only then look for a suitable insurance product. We do not only consider commercial administrators; voluntary affiliation to an industry-wide pension fund or a general pension fund is also possible.

Manage

The management of insurance established consists of administrative, management and control activities.

Administration can take a lot of time or pose risks for employers. KWPS can take over these activities from employers. Examples include the administration of special employment conditions such as early retirement arrangements or the pension insurance management activities listed below.

Management activities may be undesirable for employers due to a lack of time, a lack of familiarity with the matter or due to risk management. KWPS can play a role in this. Examples include registering new participants, reporting and administering new salaries, and the annual standard employee communication.

Audit activities clarify whether the premium deductions from the salary correspond to the payment to the insurer and whether the employees who have opted for voluntary modules have been covered. Audit procedures may show that incorrect deductions have been made and no or insufficient coverages have been reached.

Contacts:

Natasha Winter and Dirk de Wit

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White papers:

Pension and staff insurance in the Netherlands

With our analytical skills and computational power, we can solve a wide range of mathematical problems and explain them in an understandable way.

Examples include:

• Financial consequences of applying a (different or additional) collective labor agreement (CLA).
• Calculating the financial impact on pensions due to a merger or acquisition.
• Financial consequences of the Future of Pensions Act, transition to a flat-rate premium, partner’s pension, transitional law for staggered premiums, and compensation.
• Financial consequences of retroactively joining an industry pension fund.
• Financial consequences of terminating voluntary affiliation with an industry pension fund.
• Determining the actuarial equivalence of a pension scheme.
• Pension damage.
• Checks on premium deductions and remittances.

Contacts: ‍

Natasja Winter and Dirk de Wit

The WTP came into effect on July 1, 2023, ensuring that every new pension scheme is radically different from what we have been accustomed to. It is a significant shift. All existing schemes in the Netherlands must be adjusted by January 1, 2028. The main features of the WTP are:

• The pension scheme must be a defined contribution plan. Benefit agreements, such as average salary and final salary schemes, are no longer permitted.
• The contribution for building up a capital for retirement pension and survivors' pension after the retirement date must be an age-independent percentage expressed in the pensionable salary, with a maximum of 30%.
• The partner’s pension in case of death before the retirement date (risk insurance) must be a guaranteed benefit expressed as a percentage of the salary, with a maximum of 50%.

The WTP has legal, tax, insurance, actuarial, and employee benefits implications. Compensation and approval are also extremely important. KWPS takes care of analysis, advising, communication, validation, compensation, and implementation. We are pleased to act on behalf of the employer or the Works Council.

Contacts:

‍Natasja Winter and Dirk de Wit

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Whitepaper:

Pension and insurable benefits in the Netherlands

Does your organisation employ staff in the Netherlands and want to set up a new pension scheme? KWPS is an independent Dutch specialist. We are fully aware of the ins and outs of the new pension legislation, know the insurance market very well, highlight pitfalls and mandatory regulations, and communicate in English. We may be the right party to support you. We can advise and assist you with the entire process: from requesting and comparing quotations to employee communication, implementation, and ongoing maintenance.

KWPS regularly assists larger organisations as well as (starting) companies with fewer than 25 employees. A pension scheme is an important aspect of good employment practices and is becoming increasingly significant in recruitment. It is a misconception that a pension scheme always costs the employer a lot of money.

KWPS guides employers through the Dutch pension landscape, develops a suitable pension scheme, requests quotations, and arranges coverage with a provider, starting at a basic fee of €5,250 (excluding VAT). As part of this process, research into the company’s activities is required to establish whether a mandatory industry pension fund applies.

Contacts:

Dirk de Wit and Stan Fey

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One-pager:

Startup pension scheme

It can be a very unpleasant surprise: an industry pension fund that claims retroactive affiliation based on the fund's mandatory status. The scope decisions are far from clear. Not without reason, a significant portion of pension-related lawsuits concerns this issue. Employers often find themselves at a disadvantage.

Pension funds have extensive detection mechanisms and the means to hire the best lawyers to avoid unfavorable precedents. Therefore, it is crucial for employers to proactively address the scope and business activities. Waiting, making goal-oriented arguments, and underestimating the issue usually backfires sooner or later.

KWPS can provide support, not only by conducting research into the scope and consulting with pension funds but also by exploring and determining alternatives, such as actuarial equivalence, temporary dispensation, or a different business structure.

Contacts:

‍Natasja Winter and Dirk de Wit

Early retirement of older employees carries the risk that the employer is liable for a 52% early retirement scheme (RVU) tax, due to age-dependent dismissal. KWPS specializes in early retirement and RVU tax. We can identify and mitigate these risks.

We examine the objective characteristics and conditions of the termination arrangement and analyze the situation thoroughly in consultation with the employer. Subsequently, the employer can often confidently await any potential discussions with the Tax Authorities. In case of doubt, KWPS can facilitate coordination with the Tax Authorities. KWPS can design individual or collective schemes that will not incur RVU tax. There are legal - but not widely known - exceptions that apply.

Early retirement is often the result of not applying and/or failing sustainable employability policies. By formulating and implementing a well-thought-out employability policy in time, early retirement can be prevented or delayed.

Contacts:

‍Jan-Olivier Kuijkhoven

In the Pension Pro article from 10 June 2025, it can be read that there are important developments regarding external leave savings. The article includes Jan-Olivier Kuijkhoven, partner at KWPS. We are happy to explain this topic about which we publish a lot and advise more and more in practice.

Save two years' salaries for sustainable employability

‍Since 2021, it has been possible to save almost two annual salaries for sustainable employability. The balance can be used to take temporary leave, finance part-time work or take early retirement. Leave savings are seen by social partners and by the government as an important tool for reaching the retirement date in a healthy way. Social partners determine sources and expenditures.‍

The wish for external leave savings balance

‍If employees start saving larger volumes of leave, this has two important disadvantages. First of all, high obligations arise that affect the employer's balance sheet and, secondly, the employee is empty-handed if the employer goes bankrupt. That is why there has been a need to be able to design external leave savings balance for several years.

Blocked administrative account

‍The breakthrough in external leave savings balance could well be the externally administered administrative account that is discussed in the Pension Pro article. KWPS has done a lot of research and is involved in a practical case. There is more to leave savings balance than just an external account. Social partners must agree on a regulation, all legal documents will have to be coordinated with the tax authorities in advance, each employer's accountant shares its findingsabout it and it must be clear in advance that the bank or asset manager can implement the scheme in a fiscally and contractually watertight manner.

Contacts:

Jan-Olivier Kuijkhoven or Dirk de Wit