De bevoegdheden van werkgevers en werknemers om een pensioenuitvoerder te kiezen: zeggenschap in het Nederlandse pensioenstelsel

This working paper discusses to what extend an employer and an employee are entitled under the law of the Netherlands to choose a pension provider. The basic principle is that the employer chooses. In an employment contract an employee can, in theory, be given the right to choose a pension provider. Many employers and employees are required to participant in a pension fund or pension scheme mandatory for their sector. If so, choices are limited. Individual choice is possible if and when one is exempted from participation in the mandatory fund or scheme. Exemption is possible when, for example, a pension fund underperforms or if an employer has its own pension scheme prior to the obligation to participate. During a period of mandatory participation, the pension provider can by chosen by employers’ and workers’ organizations. Representativeness of employers’ and workers’ organizations is crucial to maintaining their choice powers. The paper shows that there is specific regulation regarding the choice of a pension provider in the event of a transfer of undertakings. Furthermore the papers shows that not every pension provider may administer all types of pension plans. Portability of accrued pension rights and entitlements is limited to situations specified by law. If the employer terminates the contract with a pension provider, it has to take into account the legitimate interests of the participants in the pension scheme.