Annual Report 2020

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38 Provisions

 

Dec. 31, 2019

Dec. 31, 2020

in € million

non-current

current

non-current

current

 

 

 

 

 

Provisions for pensions and similar obligations

569.9

627.8

Provisions for taxes (current income taxes excl. deferred taxes)

211.1

124.2

Other provisions

 

 

 

 

Environmental remediation

13.0

11.5

Personnel obligations

61.7

71.8

52.3

56.3

Outstanding trade invoices

109.8

93.4

Miscellaneous other provisions

17.8

137.5

19.7

115.1

Total other provisions

92.5

319.1

83.5

264.8

Total provisions

662.4

530.2

711.3

389.0

 

 

 

 

Provisions for Pensions and Similar Obligations

Accounting Policies

When valuing the provisions for pensions, the company pension obligations are determined using the projected unit credit method pursuant to IAS 19 “Employee Benefits,” whereby current pensions and vested pension rights as of the reporting date as well as expected future increases in salaries and pensions, are included in the valuation. An actuarial valuation is performed at every reporting date.

The amount shown in the balance sheet is the total present value of the defined benefit obligations (DBO) after offsetting against the fair value of plan assets.

Actuarial gains and losses are accounted for in full in the period in which they occur and recognized in retained earnings as a component of other comprehensive income and not in profit or loss. The actuarial gains and losses are also no longer recognized with effect on net income in subsequent periods.

Service cost is shown in personnel expenses. The service cost is the increase in the present value of a defined benefit obligation resulting from employee service in the reporting period.

The interest expense is recognized in the financial result. Interest expense is the increase during a period in the present value of a defined benefit obligation that generally arises due to the fact that the benefit obligation is one period closer to being discharged.

Reinsurance contracts that qualify as plan assets have been taken out to cover the pension obligations toward particular individuals. Where the value of those reinsurance contracts exceeds the related pension obligations, the excess is recognized as an asset and shown under other assets.

Obligations from joint defined benefit multi-employer plans at Versorgungsanstalt des Bundes und der Länder (VBL), a pension scheme operated by the German federal government and the German states, are stated, in line with IAS 19.34, in the same way as obligations from defined contribution plans, insofar as the information required for the statement of defined benefit plans is not available. The obligations are based on the amounts to be paid for the current period.

Vonovia has pension obligations towards various employees which are based on the length of service. Defined benefit and defined contribution obligations – for which Vonovia guarantees a certain level of benefit – are financed through provisions for pensions. Vonovia has taken out reinsurance contracts for individual people.

Generally, they are pension benefits that depend on the final salary with percentage increases depending on the number of years of service.

The pension commitments cover 4,523 (Dec. 31, 2019: 3,866) eligible persons. The increase is due primarily to the fact that eligible persons for whom a final agreement on the reimbursement model was reached with the pension provider were included in the measurement of pensions for the first time.

Executives currently working for companies belonging to Vonovia have the opportunity to participate in the “Pension Instead of Cash Remuneration” model (Versorgungsbezüge anstelle von Barbezügen) in the version dated October 2003 (eligible persons: 307). Retirement, invalidity and surviving dependent benefits in the form of a lifelong pension are offered under this deferred compensation model. The retirement benefits can also be paid out as a one-time capital sum.

Overview of the most important basic data for existing pension plans (all of which have already been closed):

 

VO 1/VO 2 Veba Immobilien

VO 60/VO 91 Eisenbahnges.

Bochumer Verband

 

 

 

 

Type of benefits

Retirement, invalidity and surviving dependent benefits

Retirement, invalidity and surviving dependent benefits

Retirement, invalidity and surviving dependent benefits

Pensionable remuneration

Final salary

Final salary

Not applicable

Max. pension level

Yes

Yes

Depends on individual grouping

Total pension model based on final salary

Yes

No

No

Net benefit limit incl. state pension

None

Yes

None

Gross benefit limit

Yes

None

None

Adjustment of pensions

Section 16, (1,2) BetrAVG

Section 16, (1,2) BetrAVG

Adjustment every 3 years by Bochumer Verband (Manage- ment Board resolution)

Supplementary periods

Age of 55

Age of 55

Age of 55 (half)

Legal basis

Works agreement

Works agreement

Commitment to executives in individual contracts

Number of eligible persons

378

662

398

 

 

 

 

 

VO 1991/VO 2002 Gagfah

VO guideline Gagfah M

VO 2017 VBL-Ersatzversorgung

 

 

 

 

Type of benefits

Retirement, invalidity and surviving dependent benefits

Retirement, invalidity and surviving dependent benefits

Retirement, invalidity and surviving dependent benefits

Pensionable remuneration

Salary September of each year

Final salary

Salary of each year

Max. pension level

Module p.a.

Yes

Module p.a.

Total pension model based on final salary

No

Yes

No

Net benefit limit incl. state pension

None

None

None

Gross benefit limit

None

Yes

None

Adjustment of pensions

1% p.a.

Section 16, (1,2) BetrAVG

1 % p.a.

Supplementary periods

Age of 55

Age of 55

None

Legal basis

Works agreement

Works agreement

Individual agreement

Number of eligible persons

1,110

393

107

 

 

 

 

The current pensions according to the classic pension benefit regulations of Bochumer Verband are adjusted in line with Section 20 of those regulations. Section 20 is a rule which is based on Section 16 (1,2) of the German Occupational Pensions Improvement Act (BetrAVG) but which, according to a ruling of the Federal Labor Court of Germany, is an independent rule. Other company pensions are reviewed and adjusted under the terms of the agreement according to Section 16 (1,2) BetrAVG. On every review date, the development of the cost of living since the individual retirement date is reviewed and compensated for. Only in the aforementioned deferred compensation model is the option, available since January 1, 1999, used to raise the current pensions every year by 1% (Section 16 (3) No. 1 BetrAVG). No further risks are seen.

The company has decided to use the internal financing effect of the provisions for pensions and only to back a relatively small portion of the pension obligations with plan assets. Reinsurance policies have been taken out for former Management Board members against payment of a one-time insurance premium in order to provide additional protection against insolvency; these reinsurance policies were pledged to the eligible persons. They constitute plan assets, which are offset against the gross obligation. The fair value of the reinsurance policies for individual persons is higher than the extent of the obligations towards the respective person. This surplus of the fair values of the assets over the obligation is shown under non-current other assets. The conclusion of further reinsurance policies is not planned.

Pension plan obligations and the expenses necessary to cover these obligations are determined using the projected unit credit method prescribed by IAS 19. Both pensions known on the reporting date and vested rights as well as expected future increases in salaries and pensions are included in the measurement. The following actuarial assumptions were in each case made related to the end of the year and with economic effect for the following year.

Actuarial Assumptions

in %

Dec. 31, 2019

Dec. 31, 2020

 

 

 

Actuarial interest rate

1.00

0.70

Pension trend

1.75

1.75

Salary trend

2.75

2.50

 

 

Due to a change at Bloomberg, the Bloomberg Barclays Classification System (“BCLASS”), rather than the Bloomberg Industry Classification System (“BICS”), will be used in the future as the basis for determining the portfolio of high-quality corporate bonds of the RATE:Link method of Willis Towers Watson that is relevant for the determination of interest rates. As a result of the refinement in the interest rate method, the actuarial interest rate as of December 31, 2020, has increased by around 30 basis points, reducing the defined benefit obligation (DBO) by € 32.0 million.

The 2018 G mortality tables of Prof. Dr. Klaus Heubeck have been taken for the biometric assumptions without any changes.

The defined benefit obligation (DBO) developed as follows:

in € million

2019

2020

 

 

 

DBO as of Jan. 1

541.8

591.0

Interest expense

9.0

5.8

Current service cost

10.9

12.2

Actuarial gains and losses:

 

 

Changes in the biometric assumptions

–5.1

–8.4

Changes in the financial assumptions

59.3

27.4

Transfer

44.9

Benefits paid

–24.9

–24.8

DBO as of Dec. 31

591.0

648.1

 

 

The transfer is due to the final agreement on the reimbursement model reached with a pension provider.

The present value of the pension obligation is divided among the groups of eligible persons as follows:

in € million

Dec. 31, 2019

Dec. 31, 2020

 

 

 

Active employees

128.1

140.0

Former employees with vested pension rights

114.9

134.4

Pensioners

348.0

373.7

DBO as of Dec. 31

591.0

648.1

 

 

Plan assets comprise solely reinsurance contracts. The fair value of the plan assets has developed as follows:

in € million

2019

2020

 

 

 

Fair value of plan assets as of Jan. 1

22.3

21.8

Return calculated using the actuarial interest rate

0.4

0.2

Actuarial gains:

 

 

Changes in the financial assumptions

0.5

0.4

Benefits paid

–1.4

–1.2

Fair value of plan assets as of Dec. 31

21.8

21.2

 

 

The actual return on plan assets amounted to € 0.6 million during the fiscal year (2019: € 0.8 million).

The following table shows a reconciliation of the defined benefit obligation to the pension obligation recognized in the balance sheet:

in € million

Dec. 31, 2019

Dec. 31, 2020

 

 

 

Present value of funded obligations

39.6

31.2

Present value of unfunded obligations

551.3

616.9

Total present value of defined benefit obligations

590.9

648.1

Fair value of plan assets

–21.8

–21.1

Net liability recognized in the balance sheet

569.1

627.0

Other assets to be recognized

0.8

0.8

Provisions for pensions recognized in the balance sheet

569.9

627.8

 

 

 

In 2020, actuarial losses of € 18.6 million (excluding deferred taxes) were recognized in other comprehensive income (2019: € 53.7 million).

The weighted average term of the defined benefit obligations is 16.1 years (Dec. 31, 2019: 15.8 years).

The following table contains the estimated, undiscounted pension payments of the coming five fiscal years and the total of those in the subsequent five fiscal years:

in € million

Projected pension payments

 

 

2021

27.3

2022

26.5

2023

26.1

2024

26.0

2025

26.2

2026–2030

127.1

 

Sensitivity Analyses

An increase or decrease in the material actuarial assumptions would have led to the following defined benefit obligation as of December 31, 2020, providing the other assumptions did not change:

in € million

 

DBO

 

 

 

Actuarial interest rate

Increase by 0.5%

599.5

 

Decrease by 0.5%

703.5

Pension trend

Increase by 0.25%

660.7

 

Decrease by 0.25%

635.2

 

 

An increase in life expectancy of 4.9% would have resulted in an increase in the DBO of € 31.0 million as of December 31, 2020. This percentage rise corresponds to a one-year increase in the life expectancy of a man who was 65 at the reporting date.

If several assumptions are changed simultaneously, the cumulative effect is not necessarily the same as if there had been a change in just one of the assumptions.

The provisions for pensions include € 4.3 million (Dec. 31, 2019: € 4.4 million) for pension obligations which were transferred to third parties as part of an assumption of debt and which relate to vested rights and the payment of current pensions. A corresponding non-current receivable is shown under miscellaneous other assets.

Other Provisions

Accounting Policies

Other provisions are recognized when there is a present obligation, either legal or constructive, vis-à-vis third parties as a result of a past event if it is probable that a claim will be asserted and the probable amount of the required provision can be reliably estimated. Provisions are discounted if the resulting effect is material. The carrying amount of discounted provisions increases in each period to reflect the passage of time and the unwinding of the discount is recognized within interest expense. The discount rate is a pre-tax rate that reflects current market assessments.

Provisions for restructuring expenses are recognized when the Group has set up and communicated a detailed formal plan for restructuring and has no realistic possibility of withdrawing from these obligations.

Provisions for onerous contracts are recognized when the expected benefits from a contract are lower than the unavoidable cost of meeting the obligations under the contract. The provision is stated at the lower of the present value of the fulfillment obligation and the cost of terminating the contract, i.e., a possible indemnity or fine for breach or non-fulfillment of contract.

Provisions are reviewed regularly and adjusted to reflect new information or changed circumstances.

The provisions for pre-retirement part-time work arrangements are basically to be classified as other long-term employee benefits that are to be accrued over the employees’ service periods.

The assets of the insolvency policy to secure fulfillment shortfalls arising from pre-retirement part-time work arrangements are offset against the amounts for fulfillment shortfalls contained in the provisions for pre-retirement part-time work arrangements.

A contingent liability is a possible obligation toward third parties that arises from past events and whose existence will be confirmed only by the occurrence or non-occurrence of one or more uncertain future events or a present obligation that arises from past events for which an outflow of resources is not probable or the amount of which cannot be estimated with sufficient reliability. According to IAS 37, contingent liabilities are generally not recognized.

Development of Other Provisions during the Fiscal Year

in € million

As of
Jan. 1,
2020

Additions due to changes in scope of consolidation

Additions

Reversals

Interest accretion to provisions

Netting plan assets

Utilization

As of
Dec. 31,
2020

 

 

 

 

 

 

 

 

 

Other provisions

 

 

 

 

 

 

 

 

Environmental remediation

13.0

0.2

–1.7

11.5

Personnel obligations

133.5

0.1

55.8

–5.1

0.1

–75.8

108.6

Outstanding trade invoices

109.8

2.8

97.2

–13.6

–102.8

93.4

Miscellaneous other provisions

155.3

13.9

45.5

–17.2

0.4

–63.1

134.8

 

411.6

16.8

198.5

–35.9

0.7

–243.4

348.3

 

 

 

 

 

 

 

 

Development of Other Provisions during the Previous Year

in € million

As of
Jan. 1,
2019

Additions due to changes in scope of consolidation

Additions

Reversals

Interest accretion to provisions

Netting plan assets

Utilization

As of
Dec. 31,
2019

 

 

 

 

 

 

 

 

 

Other provisions

 

 

 

 

 

 

 

 

Environmental remediation

15.0

–0.2

0.2

–2.0

13.0

Personnel obligations

126.8

70.3

–5.2

0.3

–58.7

133.5

Outstanding trade invoices

61.7

131.1

–8.0

–75.0

109.8

Miscellaneous other provisions

162.8

0.3

52.0

–12.3

0.8

–48.3

155.3

 

366.3

0.3

253.4

–25.7

1.3

–184.0

411.6

 

 

 

 

 

 

 

 

Reversals of provisions are generally offset against the expense items for which they were originally established.

The provisions for environmental remediation primarily refer to site remediation of locations of the former Raab Karcher companies. Remediation has either already begun or an agreement has been reached with the authorities as to how the damage is to be remedied. The cost estimates are based on expert opinions detailing the anticipated duration of the remediation work and the anticipated cost.

The personnel obligations are provisions for pre-retirement part-time work arrangements, provisions for bonuses, severance payments not relating to restructuring and other personnel expenses. The other personnel expenses include a provision for the long-term incentive plan (LTIP) determined in accordance with IFRS 2 of € 30.0 million (Dec. 31, 2019: € 23.7 million) (see chapter [E47] Share-Based Payments).

The cost items under miscellaneous other provisions include as material individual costs legal disputes in the amount of € 23.6 million (2019: € 14.1 million), litigation costs in the amount of € 10.7 million (2019: € 11.7 million), costs associated with company audits in the amount of € 6.0 million (2019: € 0.1 million), onerous contracts in the amount of € 2.1 million (2019: € 2.3 million) and, in the previous year, € 0.1 million costs in connection with tax returns.

The Group expects to settle most of the provision in the coming year.

Fair Value
Fair value is particularly relevant with regard to valuation in accordance with IAS 40 in conjunction with IFRS 13. The fair value is the amount for which an asset could be exchanged between knowledgeable, willing parties in an arm’s length transaction.