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Eric Bergamin, Partner - ES Advisory

Eric Bergamin

Partner - ES Advisory

Languages

Dutch, English, German

Practice areas

  • Pensions

Practice notes

In his professional practice Eric Bergamin (1965) advises national and international corporate organisations and pension institutions (like industry-wide and corporate pension funds or insurance companies) on a wide variety of topics, always with a direct link to pension law. He focuses on pension-related matters that arise during the course of national and international mergers and acquisitions as well as the issues on mandatory participation in sectoral pension funds.

The organisational structure of pension funds, governance of pension funds, financing issues and, lastly, legal aspects of the European pension institutions (IORP’s) also constitute one of his specialisms.

His favourite area is the interface between the legal, on the one hand, and the ‘figures’ where pension always is about, on the other hand.

Eric is a member of the Dutch Pension Law Association (Nederlandse Vereniging voor Pensioenrecht. From July 2008 until July 2012 he was the chairman of the Dutch Association of Pension Specialists (Kring van Pensioenspecialisten), an organisation of several hundreds of pension specialists throughout the pension industry in the Netherlands. Eric is very experienced in cross-border activities, based on European legislation.

Eric is a lecturer at the Executive Pensions Program at the Nyenrode Business University and publishes in Pensioenbrief, a publication of Wolters Kluwer. Eric is closely involved in proposing and formulating important new legislation, including to reorganise and streamline the law on Dutch spouses’ pensions. This change is due to come into force soon.

Work examples:

  • An employer accompanied by the transfer of pension capital from Dutch to Belgian OFP, including drafting the legal docs for the NL "ring" of the Belgian fund.
  • An IORP based outside the Netherlands helping with the structure of a tailor made ‘ring’.
  • A company assisted in the legal aspects of pension and indexation obligations in the context of accounting rules.
  • Employers accompanied by adjusting pension schemes in the context of a reform in the legal framework of pensions.
  • A company assisted in the legal claim regarding the separate investment deposit at the insurance company.
  • An insurer advised on technical and legal aspects of an implementation agreement.
  • A pension fund accompanied by the tightening and renovation of the implementation agreement.
  • A mandatory pension fund on the issues that arise on amending the applicable mandatory rules.
  • A pension fund in litigation in a governance case.
  • A company in litigation after a claim of a deferred employee on amendments in the pension scheme.
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