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The German government introduced an occupational pension reform proposal aimed at making the existing voluntary occupational pension model more flexible and expanding workforce participation by strengthening the social partner model, among other changes. 

The draft Second Act to Strengthen Company Pensions and to Amend Other Laws (the “Draft Act”) was published by the Federal Ministry of Labour and Social Affairs on 27 June 2024 and a government draft bill revising the proposal was adopted by the cabinet 18 September 2024. It will now work through the legislative process and be submitted to the Bundesrat for approval. The legislation is not expected to be passed until early 2025. Read detailed analysis of the Draft Act from Funk Gruppe here: Important changes for retirement provision.

Key details
The most relevant changes introduced by the Draft Act are as follows:

Social Partner Model
One of the main goals of the Draft Act is to enable third-party companies—those not currently bound by an industry collective agreement—to participate in the “pure defined contribution” plan model currently reserved to companies participating in the Social Partner Model (Sozialpartnermodell, SPM). This should expand access to smaller employers not bound by any specific collective agreement. Their participation in the SPM defined contribution retirement is subject to final approval of the SPM managing parties and may require contribution toward the SPM’s operating costs.  

Automatic participation with opt-out 
Employers will be allowed to establish auto-enrolled deferred compensation plans provided the employer contribution is at least 20% of the employee deferral, the employees can opt-out, and the plan is based on an agreement with the company’s elected works council or staff council. (Automatic participation will not be available to companies that do not have an elected works or staff council.) Currently, automatic participation is only possible for companies under a collective agreement and the minimum employer contribution is 15% of the employee deferral. In all other cases, only opt-in deferral arrangements are permitted. 

Subsidy for lower income earners
The maximum government subsidy amount of occupational pension contributions for lower income earners earner is expected to increase and will be indexed with the social security contribution ceiling. 

Severance Pay
The Draft Act simplifies the termination of occupational pension plans processes by increasing the exiting severance pay on pension entitlements from 1% to 2% of the monthly reference amount in accordance with Section 18 of Social Code Book Four (SGB IV). Subject the employee agreement, the severance payment may be paid by the employer directly towards the statutory federal pension scheme.

Pension payment modalities
Currently, pension funds (Pensionfonds) are only allowed to pay out pension benefits as a lump sum or an annuity. The Draft Act would allow pension funds to pay out benefits in installments. 


Early retirement requests
The Draft Act enables an early pay out of the occupational pension benefits for early claimants who are receiving a partial state retirement pension instead of a full state pension as is currently the case. 

Lockton comment

Employers should monitor the legislative process to ensure proper compliance the ongoing pension reform legislation. Employers may start preparing for the upcoming changes by reviewing their existing voluntary occupational pension plans (if any), considering the pros and cons of an automatic participation model, or whether they would consider participating in an SPM plan should that option become available to them. 

Germany To Expand Occupational Pension Coverage

Taking AI Risk Management to the Next Level

Artificial intelligence has taken off over the last year, presenting opportunities for businesses and other users to benefit from cost savings, the acceleration of key functions, and more. But data indicates that while many companies are also aware of AI’s potential risks, they are not investing in risk management strategies.

Here’s what AI users can do to step up their risk management game. 

Embracing AI’s potential
2023 was the year in which businesses began to think seriously about AI, with many testing or evaluating potential applications. In 2024, we’ve seen the proverbial rubber meet the road. Through the first eight months of this year, companies have begun to realize substantial value from AI — especially generative AI.

“After nearly two years of debate, the verdict is in: generative AI (gen AI) is here to stay, and its business potential is massive,” McKinsey declared in a report published earlier this month. “The companies that fail to act and adapt now will likely struggle to catch up in the future.”

Other McKinsey data highlights how organizations have embraced AI, especially over the last year. Nearly three-quarters (72%) of organizations have now adopted AI in at least one business function, up from 55% in 2023, according to McKinsey (see Figure 1). In 2024, 66% of organizations report using generative AI in at least one business function, double the number of organizations that reported using it in 2023. 
Artificial intelligence has taken off over the last year, presenting opportunities for businesses and other users to benefit from cost savings, the acceleration of key functions, and more. But data indicates that while many companies are also aware of AI’s potential risks, they are not investing in risk management strategies.

Here’s what AI users can do to step up their risk management game. 

Embracing AI’s potential
2023 was the year in which businesses began to think seriously about AI, with many testing or evaluating potential applications. In 2024, we’ve seen the proverbial rubber meet the road. Through the first eight months of this year, companies have begun to realize substantial value from AI — especially generative AI.

“After nearly two years of debate, the verdict is in: generative AI (gen AI) is here to stay, and its business potential is massive,” McKinsey declared in a report published earlier this month. “The companies that fail to act and adapt now will likely struggle to catch up in the future.”

Other McKinsey data highlights how organizations have embraced AI, especially over the last year. Nearly three-quarters (72%) of organizations have now adopted AI in at least one business function, up from 55% in 2023, according to McKinsey (see Figure 1). In 2024, 66% of organizations report using generative AI in at least one business function, double the number of organizations that reported using it in 2023.

Cyber Business Interruption Playbook – A guide to response and recovery

For most businesses, technology is the key to efficiency. From the internet and videoconferencing to accounting tools and project management apps, various forms of technology can help to streamline processes, maintain data flow, and reduce operational expenses.
 
But it does not come without risks. Companies that rely on digital interconnectivity are targets for cybercriminals and other disruptions that can delay product deliveries and lead to penalties, lost contracts, or damage to business relationships and reputations.
 
This Cyber Business Interruption Playbook — produced by Lockton in partnership with J.S. Held — provides guidance on how to take a proactive approach to cyber business interruption, which includes risk assessment, insurance coverage, incident response, and recovery planning.
For most businesses, technology is the key to efficiency. From the internet and videoconferencing to accounting tools and project management apps, various forms of technology can help to streamline processes, maintain data flow, and reduce operational expenses.
 
But it does not come without risks. Companies that rely on digital interconnectivity are targets for cybercriminals and other disruptions that can delay product deliveries and lead to penalties, lost contracts, or damage to business relationships and reputations.
 
This Cyber Business Interruption Playbook — produced by Lockton in partnership with J.S. Held — provides guidance on how to take a proactive approach to cyber business interruption, which includes risk assessment, insurance coverage, incident response, and recovery planning.

Michael Walsh Joins Lockton as New England Market Leader- Property & Casualty

Lockton, the world’s largest privately held insurance brokerage, is pleased to announce that Michael Walsh joined the company’s Northeast region as its New England Market Leader- Property & Casualty, effective September 9. In this new role, Walsh will partner with Lockton Northeast Risk and Industry Practice leaders to drive growth and improve client offerings across the greater Boston marketLockton, the world’s largest privately held insurance brokerage, is pleased to announce that Michael Walsh joined the company’s Northeast region as its New England Market Leader- Property & Casualty, effective September 9. In this new role, Walsh will partner with Lockton Northeast Risk and Industry Practice leaders to drive growth and improve client offerings across the greater Boston market
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