Our expertise

Pensions & benefit funds

The specialist lawyers at AGUERA AVOCATS advise companies on the design and implementation of supplementary pension schemes - defined contribution schemes (known as 'Article 83'), defined benefit schemes (known as 'Article 39').

Their expertise enables them to assist them in their relations with employees and their representatives (Social and Economic Committee, trade unions, etc.), with external operators (insurers, brokers, managers, etc.) and contribution collection bodies (URSSAF, etc.).
In the context of restructuring operations, mergers, or social audits, it is crucial to accord special attention to these schemes in order to uphold the legal security of the company and enhance the management of such programmes.

Consequently, AGUERA AVOCATS actively participates in all stages of the lifecycle of supplementary social protection schemes, engaging in consultations with insurers and scheme managers selected by the company.

We are well-positioned to provide comprehensive support to our clients or address specific 'retirement and pension fund' concerns as needed.
The main missions that AGUERA AVOCATS can carry out to best assist its clients on these essential issues and ensure employee retention are:

Compliance audit and proposal of secure and innovative solutions

  • Diagnosis of needs and analysis of existing schemes,
  • Reflection on the establishment or redesign of social protection systems,
  • Information on new legislative, regulatory and contractual obligations,
  • Social and tax optimisation.

Negotiation and formalisation of schemes

  • Advice and assistance in drafting the legal documents that formalise the company's commitments: collective agreements, referendum agreements and unilateral decisions,
  • Assist the company in the delivery of the information leaflets, 
  • Prepare information-consultation procedures for staff representative institutions and negotiations with trade unions.

Review and termination of schemes

  • Advice and assistance in drafting legal acts for the revision or termination of schemes, depending on the legal source of the company's commitment: revision or termination of collective agreements and procedure for the termination of practices,
  • Prepare information-consultation procedures for staff representative institutions and negotiations with trade unions.

Support in the event of company transfers or restructuring

Analysis of the fate of the schemes, support in the harmonisation negotiations...

Assistance during URSSAF audit operations

Response to observation letters, referrals to amicable settlement boards, assistance before the courts

Litigation on supplementary social protection

Right to portability, claim of a guarantee, loss of opportunity, right to retirement ...
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