How to Cancel Your German Company Pension Plan
Learn when and how to cancel your company pension, with free cancelation letter templates included.Published on Mar 16, 2023 . Updated 15 days ago
Published on Mar 16, 2023 . Updated 15 days ago
Of the 8,69 million direct company pension contracts in Germany (known as “betriebliche Altersvorsorge” or “bAV”), very few are worthwhile and make a real contribution to your retirement pension.
Why is that? Because of a simple calculation: Return = Performance — Costs + Tax Benefits
There are major problems: the performance is now only about 2-3 % as it is tied to the interest rates instead of 6-8 %. The cost is 1,5-2 % if held for a long time and about 20 % if held for less than 5 years. The benefits are not what they seem, as the so-called employer contribution would otherwise have gone to the public pension, and the public pension returns more. They incur no cost, are inflation-proof, and are paid for a lifetime. On balance, the tax benefits are about zero.
Therefore, your net return is about 0-1%. Not enough to keep up with inflation. Alternatives can get you pensions that are 2–5 times better.
So what does all this mean for you? In a nutshell, contrary to popular belief and what many so-called experts tell you, it is not impossible to surrender your company pension plan. However, you can only do so if the policy's value is below a certain threshold.
The sooner you stop, the better. Especially in the first five years, you pay very high upfront fees. Even if you have already paid these fees, it is not worthwhile to put in more money, as the bAV is simply poorly invested, and you lose more in the public pension than you gain in the company pension.
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Here is why it is legally a bit complicated. First, the law:
The direct pension contract may be terminated if the so-called repurchase value (look out for the term “Rückkaufswert” in your contract) of the insurance is below the threshold known as the “Kleinstanwartschaft” (which means “small pension entitlement”). This amount is adjusted annually. In 2025, it will be 4.494 € for all federal states.
Second, your employer needs to consent:
While working as an employee, you are the insurance beneficiary or the insured but not a direct party to the contract and, accordingly, not entitled to terminate. Accordingly, in this constellation, you need your employer's consent to cancel the contract.
It is very difficult to force your employer to terminate the contract. This would have to be an extreme situation and would have to be enforced in court. But you can write a persuasive request. You can find a template for such a letter in the next paragraph.
If your employer consents to it, during an employment relationship, the contract can be canceled, provided that the contract does not stipulate that it is prohibited to cancel it. Indeed, some contracts stipulate that you cannot cancel them. Again, no worries; our form letter will take care of it.
See below an example of an insurance contract. You can see that the actual contract states that the contract scheme can be terminated monthly. However, the value is only paid out if the regulations of the BetrAVG (the law that regulates company pension plans in Germany) allow this; hence, only if the value is lower than the threshold.
Yes, you can. Upon termination of employment, you can have the contract transferred to yourself. In such a situation, you would then be entitled to terminate the contract in accordance with the terms of the contract.
If you start a new job, you can also ask your new employer to take over the contract, but it is up to the new employer to decide whether to do so. Often, if they already have an existing company pension arrangement or so-called Betriebsvereinbarung, they likely will not want to take over a previous contract. This typically means that you have to start all over again and pay the high upfront costs.
You can also transfer the funds in your current contract to a new contract in certain situations. But as we discussed above, it rarely makes sense to do this if you could have it paid back to you.
Below you will find sample cancelation letters that you can use if you are still employed by the employer where you signed your bAV contract.
First, the letters ask for the immediate termination and transfer of the fund, and if that is not possible, for the halting of contributions (called “Beitragsfreistellung” in German).
Sample cancelation letter if you are still working for the employer who concluded the contract on your behalf
Sample cancelation letter if you have switched employer
This sample cancelation letter can be used if the policy has been transferred to your name, e.g., after a change of job. If you have transferred the policy to your new employer, use the sample letter above.
It is often impossible to cancel the company pension if you have already accumulated too much money in your contract. In most other cases, you will need your employer's consent unless you have left the job and taken over the contract yourself.
You can always stop making contributions, which makes a lot of sense, given the poor returns.
Use the sample cancelation letter we provide that aims to cancel the contract first, and if cancelation is no longer possible, use the other one to make the contract contribution-free.
As the public pension is unlikely enough to maintain a decent standard of living in retirement, you should consider saving elsewhere, such as by buying a home or through a private pension plan.
Please note: All of the above applies especially to the so-called “Direktversicherung”, or “direct company pension plans”, where you are individually insured. In addition, there are also so-called Pensionskasse and Pensionsfonds. Furthermore, in these cases, you can seek cancelation or a halt in contributions. However, you should first evaluate whether the assets are well invested.
Our standard advice on these kinds of contracts is: If it is invested in guaranteed products or largely in fixed-interest products like bonds, the return is unlikely to be good enough, and cancelation probably makes the most sense. The exception is when you are already close to your retirement (say, over the age of 55-60).