More info

Vesting of Company Pensions: What Stays When You Change Jobs

What remains of a company pension when you change jobs, which rules section 1b BetrAVG sets and which documents count.
Studentin mit Fahrradhelm vor einem Universitätsgebäude

Contents

Short answer: A company pension expectancy (Anwartschaft) generally survives a job change when certain conditions are met. Under section 1b(1) of the Company Pensions Act (BetrAVG), the commitment must have lasted at least three years, and the employee must leave after turning 21. Section 1b(5) sets no such period for expectancies from salary conversion (statute, status November 2026).

If you change employer, you soon ask what happens to your existing company pension. The answer depends on the type of commitment, its duration and, above all, on whether the contribution comes from your own salary or from the employer. This guide explains vesting step by step.

The essentials in brief

  • Vesting (unverfallbar) means that an expectancy remains in place after you leave and can later establish benefits.
  • The basic rule in section 1b(1) BetrAVG requires a commitment of at least three years and leaving after the 21st birthday.
  • For salary conversion, section 1b(5) BetrAVG sets a separate rule that has no time limit.
  • The expectancy is not paid-out money but a legal claim to a later benefit.
  • When you change jobs, obtain and keep written information from the former employer or the pension provider.

What does vesting mean?

Vesting means that an expectancy stays in place even if the employment ends before the benefit case occurs. The expectancy is the claim arising from the existing commitment. It is not paid out immediately but later, when the benefit case occurs.

The concept has a clear function: it protects employees from losing everything with each change. Without this protection, a company pension would be hard to plan for many workers.

The rule for employer-financed commitments

Under section 1b(1) sentence 1 BetrAVG, the expectancy remains in place if the employment ends after the employee has turned 21 and the pension commitment has lasted at least three years. Both conditions must be met together.

ConditionRule under section 1b(1) BetrAVGConsequence on a change
Age on leavingAfter the 21st birthdayLeaving earlier does not satisfy the basic rule
Duration of the commitmentAt least three yearsA shorter commitment does not vest under this rule
Benefit caseNot yet occurredThe expectancy takes effect later

What applies to salary conversion?

For salary conversion, that is when part of your salary flows into the company pension, section 1b(5) BetrAVG uses a different standard. Under it, the employee keeps the expectancy when the employment ends before the benefit case. The subsection contains no time limit and no age limit.

This is an important difference from employer-financed parts. In practice this is often called immediate vesting, although the wording of the statute does not use that term. For insurance and pension fund arrangements under section 1b(2) and (3) BetrAVG, subsection 5 sets additional requirements: surplus shares may only be used to improve benefits, you receive the right to continue the insurance with your own contributions, and the employer may not exercise the right to pledge, assign or borrow against it. For a direct insurance (Direktversicherung), you must be granted an irrevocable beneficiary right from the start of the salary conversion. If you build your company pension through salary conversion, look at this rule separately from the rest of the commitment.

When is it worth checking the documents?

Documentation counts when you change jobs. It shows which commitment existed, since when it has run, and which parts come from the employer and which from salary conversion. Without these details the status can hardly be checked.

DocumentWhat it showsWhere to find it
Pension commitmentType and start of the commitmentEmployer or pension provider
Statement of expectancyStatus of the claims acquiredPension provider on request
Salary conversion agreementOwn contributions and startYour personal records

Common questions when changing employer

Many people ask whether they must terminate the old contract before checking the expectancy. As a rule, termination is not a precondition. What matters is that the expectancy does not depend on the start with the new employer. It arises from the existing commitment and is not automatically changed by the move.

A related question is whether a short period of service already leads to a loss. That depends on the duration of the commitment. For a commitment under three years, the basic rule in section 1b(1) does not apply, so an individual check is important, especially where salary conversion is involved.

Mistakes to avoid when changing jobs

  • Forgetting to obtain written information on the status of the expectancy.
  • Not securing the former employer’s documents before the employment ends.
  • Mixing salary conversion and the employer’s commitment, although they follow different rules.
  • Not mentioning the expectancy in the new contract when it matters for the overall plan.

What to have confirmed in writing

Ask for a confirmation that states the commitment, its start, its financing and the current status of the expectancy. An oral statement is not enough for later clarification. The confirmation should carry a date and come from the body responsible for the commitment, so that it can be relied on later when questions arise about your entitlement.

Following the status over time

An expectancy is not something you deal with once. Keep an overview that records the commitment, the date of the change, the status of the expectancy and the contact point. Update it whenever you receive new information. With several employers in quick succession, it is easy to lose track of which entitlements sit with which provider.

Frequently asked questions

Does my company pension always survive a job change?

Not automatically. Age, duration of the commitment and the type of financing decide. The basic rule requires three years of commitment and leaving after the 21st birthday. Salary conversion follows the special rule in section 1b(5).

What happens to an expectancy if I was only briefly in the company?

Then the commitment may not meet the three-year period under section 1b(1). If the contribution comes from salary conversion, the special rule of subsection 5 applies. Check both parts separately.

Can I take the expectancy with me?

The expectancy stays with the former pension provider. Whether and how it is transferred depends on the individual case and should be clarified with the provider.

Do I have to act immediately?

Usually no application is needed at this point. What matters is to secure the documents and record the status in writing.

What to do next

  1. Request written information on your expectancy from the former employer or the pension provider.
  2. Check which parts come from salary conversion and which were financed by the employer.
  3. Test whether the three-year period and the age limit are met, using the figures from the statement.
  4. Keep all documents, even if your new employer offers no company pension.

Related guides

Sources: Section 1b Company Pensions Act (BetrAVG), vesting (status November 2026)

Last updated: November 2026. This guide is general information, not individual advice.

Teilen

Weitere Artikel

Studentin mit Fahrradhelm vor einem Universitätsgebäude

Direct Insurance or Pension Fund: Which Company Pension Is It?

Zwei Studentinnen auf dem Campus im Herbst

Train Delay Compensation in Germany: When You Get Money Back

Berufseinsteigerin mit Mitarbeiterausweis am ersten Arbeitstag

Progression Clause in a Side Job: Why Your Tax Rate Can Rise