Special Partner Pension: What to Do?


Questioner

When we started living together, my ex-partner and I had a cohabitation agreement drawn up by a notary and we both signed it. After we broke up, we jointly drew up and signed a statement in which we declare that the cohabitation has ended and refer to the cohabitation agreement. This agreement contains the following clause regarding the partner pension in the event of the relationship being terminated: … That if one of the parties no longer wishes the other party to be eligible for a partner's pension under the pension scheme in which he/she participates, he/she will notify the relevant pension provider(s) of this, either by notarial deed or by registered letter; in the latter case, the day of receipt of said letter will be deemed to be the day of revocation of the designation. Furthermore, the parties stated that this agreement as well as the described instructions for partner pension were entered into and made under the following suspensive and resolutive conditions: -that one of the parties enters into a marriage or registered partnership; -that the cohabitation of the parties ceases to exist….. The question is: What exactly is the situation with the special partner pension. My ex-partner and I received a letter from my pension provider stating that my ex-partner will be entitled to a special partner pension after my death. I believe that the cohabitation agreement and the clause as above have already determined in advance that my ex-partner will no longer be entitled to a special partner pension and that my ex-partner should cooperate in completing the form intended for this purpose that was sent to me by the pension provider. Thanks in advance for your response…

Lawyer

The shared partner pension is also called a special partner pension. This is split off from the rest of your pension. As soon as you have a new partner, he or she can build up new rights for the years to come. The pension funds require a registered letter in which you state the end of the relationship and also the number of years that you lived together. Please note that anyone born before 1950 and who became a participant in the pension after 2003 is not entitled to a special partner pension. If you separate, the ex-partner may also waive the accrued rights. This is done in a waiver. This is comparable to a waiver for car insurance. Only now you do not waive the accrued claim-free years in the event of death, but the partner's pension.

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