Consolidated Financial Statements Notes Notes in accordance with the german commercial code (HGB) 37. Compensation report 
COMMITMENTS TO MEMBERS OF THE MANAGEMENT BOARD FOR THE EVENT OF THE TERMINATION OF THEIR APPOINTMENT
There are individual contractual pension commitments for the Management Board members Dr. Ulf M. Schneider, Rainer Baule and Stephan Sturm based on their service agreements. With regard to these pension commitments, the Fresenius Group had pension obligations of € 2,787 thousand as of December 31, 2008 (2007: € 2,028 thousand). The additions to pension liability in the fiscal year 2008 amounted to € 759 thousand (2007: € 275 thousand). Each of the pension commitments provides a pension and survivor benefit, depending on the amount of the most recent basic salary, from the 63rd year of life, or, in the case of termination because of professional or occupational incapacity, from the time of ending active work. The starting percentage of 30% increases with every year of service by 1.5 percentage points, 45% being the attainable maximum. 30% of the gross amount of any later income from an occupation of the Management Board member is set-off against the pension.
With the Management Board member Dr. Ben Lipps, there is an individual agreement, instead of a pension provision, to the effect that, taking account of a competitive restriction after the ending of the service agreement between him and FMC Management AG, he can, for a period of ten years, act in a consultative capacity for the Company. The consideration to be granted annually by FMC Management AG in return would amount to approximately 33% of the non-performance related compensation components paid to him in the fiscal year 2008.
The service agreements of the members of the Management Board contain no express provisions for the case of a change of control and for the event of the ending of their service agreement.
MISCELLANEOUS
In the fiscal year 2008, no loans or advance payments of future compensation components were made to members of the Management Board of Fresenius SE.
As far as legally permitted, Fresenius SE undertook to indemnify the members of the Management Board against claims against them arising out of their work for the Company and its affiliates, if such claims exceed their responsibilities under German law. To secure such obligations, the Company concluded a Directors’&Officers’ insurance with an appropriate excess. The indemnity applies for the time in which each member of the Management Board is in office and for claims in this connection after the ending of the membership of the Management Board in each case.
At December 31, 2007, Andreas Gaddum resigned from the Management Board of Fresenius SE. Until the expiration of his service agreement on June 30, 2008, he received his stipulated non-performance-related compensation in an amount of € 162,500 as well as related benefits and a performance-related compensation on a pro rata basis according to the service agreement. For the period from July 1, 2008 to June 30, 2009, Andreas Gaddum will obtain a waiting allowance of € 262,500 for the agreed non-competition clause.
Based on these agreements and on pension commitments, to former members of the Management Board and their surviving dependents, € 1,386 thousand and € 483 thousand were paid in the years 2008 and 2007, respectively. The benefit obligation for these persons amounted to € 10,056 thousand in 2008 (2007: € 9,870 thousand).
