Limitation periods, the duty to complain, and forfeiture of rights in relation to amendments to pension agreements under the Future of Pensions Act (Wtp)

Under the Future of Pensions Act (Wtp), virtually all employee pension arrangements must be transitioned by 1 January 2028 to one of the three new pension contracts: the solidarity-based defined contribution scheme, the flexible defined contribution scheme, or the contribution-benefit agreement. Inevitably, some (former) employees will object and initiate litigation because they disagree with the changes. However, (former) employees must act in a timely manner. In an article published in the Journal of Pension Issues, Diederik Kok discusses the employer’s defenses when a (former) employee responds too late—namely limitation periods (verjaring), the duty to complain (klachtplicht), and forfeiture of rights (rechtsverwerking).

Read the full article here (Dutch only): Verjaring, klachtplicht en rechtsverwerking bij wijziging van de pensioenovereenkomst in verband met de Wtp (TPV 2025/44). For more information on the Future of Pensions Act, see here.