Occupational-pension vesting (Unverfallbarkeit)
Vesting means that an occupational-pension entitlement survives after employment ends. In Germany, Unverfallbarkeit can arise immediately for employee-financed Entgeltumwandlung (salary conversion), or after statutory age-and-duration conditions for employer-financed promises. Plan documents can be more generous, and transitional rules can apply to promises made under older law [1].
Why it matters
An account statement is not enough to answer “What leaves with me?” Employer contributions, employee contributions, guarantees, projected future contributions, and insurance values can have different status. Vesting preserves an earned entitlement; it does not promise portability into the next employer's plan or preserve future accrual.
The 2026 statutory baseline
For a current employer-financed promise, § 1b BetrAVG generally protects the entitlement when employment ends after age 21 and the promise has existed for at least three years. Salary-conversion entitlements are statutorily vested from the start. Older promises can fall under transitional age and service thresholds [1][2].
Worked timeline with amounts
Assume a current promise starts on 1 July 2023 for an employee already over age 21. A leaving statement in June 2026 shows three different numbers:
- €4,800 from salary conversion: this employee-financed entitlement is statutorily vested from the start;
- €3,600 accrued from employer financing: under the simplified current baseline, leaving on 29 June 2026 is short of three full years, while leaving on or after 1 July 2026 meets the duration test;
- €18,000 projected value in 2035: this forecast assumes future employment and contributions, so vesting does not turn the whole projection into an earned entitlement today.
If employment ends on 1 July 2026, the example has €8,400 of accrued employee- and employer-financed amounts to classify as protected, not €18,000. The exact preserved entitlement can differ from contributions paid because the promise type, plan formula, costs, guarantees, and more generous plan rules still control.
This example assumes the current rule and does not apply older-promise transitions. The provider's written leaving calculation—not the illustration in the latest annual projection—identifies what remains.
Questions for a leaving statement
- Which part was funded by salary conversion, employer money, or both?
- Which amount is already unverfallbar, and under which rule?
- Does the entitlement remain with the old provider, transfer, or allow private continuation?
- Which guarantees, costs, survivor benefits, and future indexation remain?
Check yourself
What does occupational-pension vesting establish?
Under the 2026 baseline, how is an entitlement funded through salary conversion generally treated?
A current employer-financed promise has existed three years and the employee is over 21. What does that usually indicate?
Which facts belong in a vesting review? Select all that apply.
Sources
- Bundesministerium der Justiz — Betriebsrentengesetz, § 1b Unverfallbarkeit, https://www.gesetze-im-internet.de/betravg/__1b.html (accessed 2026)
- Bundesministerium der Justiz — Betriebsrentengesetz, § 30f transitional vesting rules, https://www.gesetze-im-internet.de/betravg/__30f.html (accessed 2026)
- Bundesministerium für Arbeit und Soziales — Betriebliche Altersversorgung, https://www.bmas.de/DE/Soziales/Rente-und-Altersvorsorge/Betriebliche-Altersversorgung/betriebliche-altersversorgung.html (accessed 2026)