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Landesbank Berlin Holding

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44<br />

Group management report Overview of the Group<br />

The members of the Board of Management did<br />

not receive any additional benefits for work carried<br />

out for subsidiaries of the <strong>Holding</strong> and of LBB; in<br />

particular, they received neither attendance fees nor<br />

expense reimbursements.<br />

Benefits from third parties were neither promised<br />

to Board of Management members for their work as<br />

a Board of Management member nor granted in the<br />

financial year.<br />

Benefits, which are promised to the members of<br />

the Board of Management in the event of their duties<br />

being terminated prematurely are:<br />

In the event that members of the Board of Management<br />

are unable to work as a result of accident or<br />

illness, they are entitled to their full remuneration for<br />

the following period: Mr. Tessmann up to six months,<br />

Mr. Demolière up to one year, Dr. Evers, Mr. Kulartz<br />

and Mr. Müller up to two years though not beyond the<br />

end of their employment contracts. Following this<br />

period, the members of the Board of Management<br />

mentioned are entitled to a pension because of<br />

occupational disability. If Mr. Müller or Mr. Tessmann<br />

resigns because of invalidity, each will receive an<br />

invalidity pension from the following month, the<br />

amount of which is measured in accordance with<br />

the provisions for the pension, with periods of<br />

invalidity not counting as a member of the Board<br />

of Management.<br />

In the event of the contractual relationship being<br />

dissolved by LBB, which is not triggered by good<br />

cause on the part of the Board of Management<br />

member (Article 626 of the German Civil Code), the<br />

members of the Board of Management are entitled<br />

to payment of a pension.<br />

Dr. Veit made use of the right granted in the contract<br />

of employment concluded with him and<br />

retired of his own volition after his 62nd birthday.<br />

The current members of the Board of Management<br />

Mr. Kulartz and Mr. Tessmann are also entitled to<br />

do this. After their 60th birthdays, the service<br />

agreements can be terminated by Dr. Evers and<br />

Mr. Demolière or by LBB. The members of the<br />

Board of Management will then receive their pensions<br />

before their 65th birthdays.<br />

Benefits, which are promised to the members of the<br />

Board of Management in the event of their duties<br />

being terminated normally are:<br />

The members of the Board of Management are<br />

entitled to a pension following the end of the contractual<br />

relationship as a result of reaching their<br />

65th birthday and as a result of their appointment<br />

ending, Mr. Tessmann following the end of a reappointment,<br />

if the appointment is not renewed once<br />

more, unless an extension of the appointment and<br />

contract of employment at the same terms or terms<br />

that are no worse is refused or there is good cause<br />

as defined in Article 626 (1) of the German Civil Code.<br />

During the first six months following their retire-<br />

ment from the Company’s service, members of the<br />

Board of Management are entitled to their official<br />

remuneration but payment of their pension will start<br />

from the seventh month. In the case of Mr. Müller<br />

and Mr. Tessmann, their pension will be paid in the<br />

first month following his retirement from the Company’s<br />

service.<br />

Pensions are measured by a certain percentage of<br />

pensionable fixed salaries, which increases by 2 %,<br />

by 1.34 % for Mr. Tessmann, for each year spent as<br />

a member of the Board of Management. A maximum<br />

percentage is contractually agreed for each Board<br />

of Management member. The basis of measurement<br />

for pensions is 100 % of pensionable fixed salaries,<br />

or only 69 % for Mr. Demolière.

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