From 1 January 2021, payroll employees are entitled to 'an adequate pension scheme'. This is laid down in the Workforce Allocation by Intermediaries Act (with the entry into force of the Balanced Labor Market Act). What this means in practice for payrollers? Their payroll employer must ensure that they have an adequate retirement plan.
When do you qualify for an adequate pension scheme?
You are entitled to a pension scheme if employees of the hirer have an equal or equivalent position to you. Does the hirer have no permanent employees with an equal or equivalent position, but are there any in the sector and are they entitled to a pension scheme? Then you have that too.
When is there an adequate pension scheme?
We speak of an adequate pension scheme if your basic pension scheme meets the following requirements:
- Your basic pension scheme is the same as that of employees with an equal or equivalent position at the hirer or in the sector.
- The scheme provides for a retirement or survivor's pension (on an accrual or risk basis).
- There is no waiting period or threshold period for the scheme.
- The total employer's contribution is at least 14,6 percent of the sum of your pension basis that the employer makes available. Please note: this percentage applies to 2020 and is based on the average employer's premium in the Netherlands. This is adjusted every 1 January on the basis of the development of the average employer's contribution paid for Dutch basic pension schemes.
- The maximum pensionable salary is € 110.111 (legal limit 2020, is adjusted annually). The offset is equal to 100/75 times the state pension for married persons (minimum tax deductible for average pay schemes).
Affiliation with the company or sector scheme
Until January 1, 2021, you will receive additional benefits under the mandatory pension scheme dot, the industry pension fund for the temporary employment sector. From 1 January, the mandatory requirement for payroll companies will expire: you can no longer accrue pension with Stipp. must then ensure an adequate pension scheme. One possibility is that they join the fund of the sector or employer where their payrollers work. The only question is whether industry pension funds want to cooperate in voluntary affiliation of payroll companies. In addition, a payroll company has employees in different companies and sectors, which would mean agreeing with different pension funds.
Companies with their own pension scheme with a company pension fund, APF, insurance company or PPI can expect requests from payroll companies in the near future regarding the entry of payrollers into the pension scheme. However, this is not obvious: as a payroller you are not an employee in the eyes of the pension fund and regulations. Are you unable to join the scheme of your hirer or sector? Then your employer must provide an adequate pension scheme from 1 January 2021.
