Recent case law on the statute of limitations in occupational pension claims highlights the complexities involved in determining the commencement date of the limitation period. More than ten years have passed since the implementation of the uniform five-year limitation period in Belgian law. However, the commencement date of the statute of limitations depends on a subjective assessment by the courts.
Since 29 June 2014 the Belgian Occupational Pensions Act provides a uniform five-year limitation periodfor claims related to occupational pensions. The limitation period commences as of the moment upon which the employee or scheme members became aware—or should have reasonably become aware— of 1) the event that triggered the claim or 2) the damage suffered.
A key challenge remains the subjective nature of determining the moment upon which the scheme member should reasonably had sufficient knowledge of the event (e.g. a plan change, the underlying variables, lack of enrolment etc.) that triggered the claim or the decreased (or lack of) pension accrual.
The article discusses recent case law, such as rulings by the Labour Court of Ghent (December 2022 & December 2024) and the Labour Court of Hainaut (October 2023), which illustrate different interpretations of the moment upon which an employee had sufficient knowledge to start the limitation period.
In practice, transparency in supplementary pensions is crucial. Employers are encouraged to systematically disclose the pension plan rules(e.g., on intranet) and to communicate in a transparent manner on pension plan changes to ensure employees and their representatives have a clear view on the enrolment conditions, the parameters used for the calculation of the benefits and to assess the impact of plan changes etc.
The more accessible and transparent this information is, the easier it becomes to prove that employees or scheme members were—or should reasonably have been—aware of their pension entitlements and that the claims are therefore barred by the statute of limitations.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
