Key Benefits:
Law of 7 December 2006 establishing the Pensions Act (Entry and Adaptation Law Pensions Act)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All those who will see or hear these read, saluut! do know:
In this regard, we considered that it would be desirable to regulate the introduction of the Pensions Act and some related matters, under the withdrawal of the pension plan. Pension and savings fund law ;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following shall be understood in this Act and the provisions which are based thereon:
-Retirement and savings fund: the Pension and savings fund law and the corresponding provisions such as those in the midst of the poll date;
-date of commencement: the day preceding the entry into force of Article 1 of the Pensions Act .
2 Definitions of Article 1 of the Pensions Act shall apply mutatis mutandis to the Articles 7 , 8 , 9 , 10 , the First paragraph of Articles 11 to 17 , 18 , 20, 1st Member , 21, 1st Member , 22, third, fifth, seventh, ninth and eleventh member , 23, first paragraph , 24, 1st Member , 24a, 1st Member , 25, first and second members , 26, first paragraph , 28, first, second, third and fourth member , 29, first and second members , 30, first and second members , 32, first, second and third members , 33, paragraph 1 from the Articles 35 to 38 , 42, 1st Member , 44, 1st Member , 48 , 53, second paragraph , 59, third and fourth members , 63 , 64 and 66 of this law.
3 The definitions of Article 1 of the Compulsory Occupational Pension Scheme Act , as it is to be replaced after the date of entry into force of this Act, shall apply mutatis mutandis to the Second Member of Articles 11 to 16 , 17, third member , 20, second paragraph , 21, second paragraph , 22, fourth, sixth, eighth, 10th and 12th member , 23, second paragraph , 24, second paragraph , 24a, second member , 25, third and fourth members , 26, second paragraph , 28, fifth, sixth, seventh and eighth members , 29, third and fourth members , 30, third and fourth members , 32, fourth, fifth and sixth members , the Second paragraph of Articles 35 to 38 , 42, second paragraph , 44, second paragraph and 53, fourth member of this law.
The Pension and savings fund law shall be withdrawn.
1 To a request submitted on the basis of the Pension and savings fund law Notwithstanding the fact that a decision has not yet been taken on the date of reference, by derogation from Article 2, the Pensions and Savings Funds Act applicable, unless otherwise provided for in this Act.
2 To a request submitted on the basis of the Compulsory Occupational Pension Scheme Act As this was stated at the date of the poll, which has not yet been decided on the date on the date of reference, the Compulsory Occupational Pension Scheme Act , as it was used on the poll date, applicable unless otherwise provided for in this Act.
If a company that is on the poll date is affiliated to a business pension fund as referred to in Article 1, first paragraph, part c, of the Pensions and Savings Funds Act on the date of entry into force of Article 1 of the Pensions Act is not part of the group to which this enterprise pension fund is intended to be Article 1 of the Pensions Act , it is connected, this business pension fund may continue to act as a pension exporter for that undertaking.
1 If a corporate pension fund or enterprise pension fund as referred to in point (a) of that date is as referred to in Article 4 (1). Article 1 (b) (b) (b) (c) of the Pensions and Savings Funds Act on the date of entry into force of Article 1 of the Pensions Act does not comply with the definition of pension fund specified in Article 1 of the Pensions Act Since the pension fund is only for the benefit of one participant, former participant or nexisting, this pension fund shall be treated as a pension fund within the meaning of the pension fund. Pension Act .
2 By way of derogation from paragraph 1, the pension fund referred to in that paragraph shall become one year after the entry into force of the Article 1 of the Pensions Act equated with a pension fund within the meaning of the Pension Act -if the pension fund is employed for the benefit of a managing director-large shareholder Article 8, first and second paragraphs , of this law applicable.
If on the poll date a savings fund as referred to in Article 3 of the Pensions and Savings Funds Act is active, remains in derogation from Article 2 on this savings fund the Pension and savings fund law applicable, except that from one year after the date of entry into force of this Regulation, Article 1 of the Pensions Act No more contributions can be made to the savings fund.
1 If a pension in the sense of the Pension and savings fund law does not meet the definition of old age, partner, orphans or incapacity for work, intended to Article 1 of the Pensions Act Since there is no monetary, established benefit, this pension, if acquired in the period up to one year after the date of entry into force of the pension, is not a cash benefit. Article 1 of the Pensions Act (a), treated as a pension in the sense of the Pension Act .
2 If a pension in the sense of the Compulsory Occupational Pension Scheme Act As it was stated until the date of entry into force of this Act, it does not comply with the definition of oldage, partnership, orphans or incapacity for work, which is intended to be Article 1 of the Compulsory Occupational Pension Scheme Act , as it will be after the date of entry into force of this Act, because there is no monetary, established benefit, this pension, if acquired in the period up to one year after the date of entry into force of the pension, is replaced by the following: Law assimilated to a pension within the meaning of the Compulsory Occupational Pension Scheme Act .
3 If at the date of reference a incapacity for work in the sense of the Compulsory Occupational Pension Scheme Act As it was stated until the date of entry into force of this Act, does not comply with the definition of disability pension, Article 1 of the Compulsory Occupational Pension Scheme Act As it appears from the date of entry into force of this Act, because the incapacity pension was granted after a incapacity for work lasting less than 104 weeks, this incapacity pension shall be treated as equivalent to: a incapacity for work within the meaning of the Compulsory Occupational Pension Scheme Act .
1 If a person who is connected to an undertaking and pension claims on the poll date acquires, on the date of entry into force of Article 1 of the Pensions Act no worker is as intended in the Pension Act , he is treated as an employee in the same way as That Act .
2 The first paragraph shall not apply to the Director-General shareholder referred to in the Pension Act .
1 If at the latest by the poll date a pension notice is as intended to Article 2 of the Pensions and Savings Funds Act was made to a managing director-large shareholder, remains for one year after the entry into force of Article 1 of the Pensions Act , by way of derogation from Article 2, the Pensions and Savings Funds Act applicable to this pension commitments.
2 The managing director, referred to in the first member, whose pension commitments were given one year after the date of entry into force of the Article 1 of the Pensions Act is assigned to a pension exporter as a pension within the meaning of the Pension and savings fund law , shall be treated as an employee of the same kind as intended for Pension Act .
3 If the pension payment, referred to in paragraph 2, is assigned to an insurer, there shall be a pension within the meaning of the pension Pension and savings fund law if the managing director has qualified it as such.
4 The managing director, referred to in the first member, whose pension commitments were given one year after the entry into force of the Pension Act in accordance with Article 2 (c) of the Pensions and Savings Funds Act is not assigned to a pension performer shall not be treated as an employee within the meaning of the Pension Act .
5 If the commitment referred to in paragraph 4 includes a commitment to partner pension and no later than one year after the date of entry into force of the agreement Article 1 of the Pensions Act have been separated, remain, by way of derogation from Article 2 , the Articles 8a and 8c, second member, of the Pensions and Savings Act Act applicable.
If, by the date of day at the latest, a cash payment has been agreed for a former worker to be made on an income-based income provision for old age in connection with early retirement, it shall be treated as an equivalent to a person who is benefit referred to in the Article 2, fourth paragraph, of the Pension Act .
If, by the date of day at the latest, a pecunious allowance has been agreed for a former worker to be made on an income basis for the age of old age and that benefit is based on a scheme which leads to benefits from a certain age to employees engaged in activities considered to be substantially considerate by the employer, shall be treated as a benefit in accordance with the provisions of the Article 2, fifth paragraph, of the Pension Act .
1 Article 10 of the Pension Act shall not apply to pension claims acquired prior to the date of entry into force of that Article.
2 Article 28 of the statutory occupational pension scheme Act , as it will be after the date of entry into force of this Act, does not apply to pension claims acquired prior to the date of entry into force of that Article.
1 Article 11 of the Pensions Act shall not apply to pension claims acquired prior to the date of entry into force of that Article.
2 Article 29 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, does not apply to pension claims acquired prior to the date of entry into force of that Article.
1 Article 13 of the Pension Act shall not apply to pension claims acquired prior to the date of entry into force of that Article.
2 Article 30 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, does not apply to pension claims acquired prior to the date of entry into force of that Article.
1 Employees aged 21 or over who do not participate in the pension scheme of their employer on the poll date, because they are under the access time used under the pension scheme, acquire pension claims from the date of retirement. enter into force of Article 8, fifth paragraph , and 14 of the Pensions Act .
2 Professional peers of 21 years of age or older who are on the date of entry into force of Article 22 of the Compulsory Occupational Pension Scheme Act , as it is to be said after the entry into force of this Act, is not included in the pension scheme, because they are under the age of accession used under the pension scheme, acquire pension claims from the date of the pension scheme. entry into force of that Article.
1 Article 15 of the Pension Act shall not apply in respect of pension claims acquired before the date of entry into force of that Article.
2 Article 31 of the statutory occupational pension scheme Act , as it will be after the date of entry into force of this Act, does not apply to pension claims acquired prior to the date of entry into force of that Article.
1 If a pension contract is entered on the date of entry into force of Article 16 of the Pension Act provides for a partner pension, distinguishing between a spouse and a registered partner on the one hand, and another partner in the sense of the partner pension in the definition of pension entitlements and pension rights in the form of a partner pension the pension agreement, on the other hand, changes in rights and obligations arising out of the equivalence referred to in that Article, relating only to partner pension claims for the benefit of a partner of the person who is a member of the pension scheme. the date of entry into force of the said Article.
2 If a pension scheme is set at the date of entry into force of the Article 32 of the Compulsory Occupational Pension Scheme Act As it will be after the date of entry into force of this Act, a partner pension provides for a distinction between a spouse and a spouse when determining pension entitlements and pension rights in the form of a partner pension. registered partner on the one hand, and another partner under the pension scheme on the other, changes in rights and obligations arising from the equivalence referred to in that Article, relate exclusively to the partner pension claims for the benefit of a partner of the person who is on the date of Entry into force of the said Article.
1 Article 21, first paragraph, of the Pensions Act shall not apply to pension agreements concluded before the date of entry into force of the said Article.
2 To the date of entry into force of Article 21, first paragraph, of the Pension Act remains, by way of derogation from Article 2 , Article 17, 1st paragraph, of the Pensions and Savings Act Act applicable. If the pension exporter is an insurer then Article 17, 1st paragraph, of the Pensions and Savings Act Act applicable mutatis mutandis.
3 Article 48, first paragraph, of the statutory occupational pension scheme Act , as it will be after the date of entry into force of this Law, does not apply to pension schemes concluded before the date of entry into force of that Article.
4 Until the date of entry into force of Article 48, first paragraph, of the compulsory occupational pension scheme Act , as it is to read after the date of entry into force of this Act, remains Article 25 of the compulsory occupational pension scheme Act As it was on the date of the poll date.
1 The in Article 23 of the Pension Act the obligation to conclude an implementing contract shall apply from one year after the date of entry into force of the Agreement. Article 1 of the Pensions Act for pension funds and as from 2 years after the date of entry into force of Article 1 of the Pensions Act for insurers.
2 By way of derogation from Article 2 remains, until the date referred to in the first paragraph, Article 3a, 1st paragraph, of the Pensions and Savings Act applicable.
3 The Article 23 An employer's obligation to apply does not apply to a pension payment as intended for the purpose of the Pension and savings fund law , which on the basis of Article 2 (c) and fourth paragraph (c) of the Pensions and Savings Funds Act is already accommodated by an insurer.
4 With regard to the pension commitments provided for in paragraph 3, the Pension Act Subject to application, except for the Articles 23 to 27 and 29 , if after the date of entry into force of Article 1 of the Pensions Act A pension is still being acquired.
5 With regard to the pension commitments referred to in paragraph 3 of this Article after the date of entry into force of the Pension Act no longer is the acquisition of a pension, remains, by way of derogation from Article 2, the Pensions and Savings Funds Act and Chapter I and III of the Regelen insurance contracts Pension and savings fund law applicable.
By way of derogation from Article 2 remains the Pensions and Savings Act applicable to a pension commitments as referred to in Article 2 of that Act If that pension commitments were not assigned to a pension execution date on the date of the date of reference,
a. Article 2, third paragraph, part a, of the Pensions and Savings Act Act ;
b. Article 2, third paragraph, part d, of the Pensions and Savings Act Act ; or
(c) a derogation granted under Article 2 (1) (c) of the Pensions and Savings Funds Act ('Pensions ').
1 The in Article 28 of the Pension Act included in the information obligation of a pension fund to former participants relates only to those who have become participants after the date of entry into force of the said Article and to the former participants who have been pension fund have informed about their address.
2 The in Article 38 of the Compulsory Occupational Pension Scheme Act , as it will be after the date of entry into force of this Act, an obligation to provide an occupational pension fund with reference to former participants relates exclusively to those who have been named after the date of entry into force of the said Act. Article former participants have become members and former participants who have informed the occupational pension fund of their address.
1 Until the date of entry into force of Article 29 of the Pension Act stay, by way of derogation from Article 2 , the Article 3a, fourth paragraph, of the Pensions and Savings Funds Act and 12 van de Regelen insurance contracts Pension and savings fund law applicable.
2 Article 29 of the Pension Act shall not apply to premiums due before the date of entry into force of this Regulation. Mentioned Article .
1 Article 35 of the Pension Act shall not apply if, on the date of entry into force of the said Article, no longer-term acquisition of pension claims under a pension scheme is made.
2 The pension executor is not responsible for the content of pension regulations before the date of entry into force of Article 35 of the Pension Act .
3 Article 21 of the Compulsory Occupational Pension Scheme Act , as it will be after the date of entry into force of this Act, does not apply if the date of entry into force of the said Article does not exceed the acquisition of pension claims under a pension scheme.
4 The pension executor is not responsible for the content of pension regulations before the date of entry into force of Article 21 of the Compulsory Occupational Pension Scheme Act , as it will be after the date of entry into force of this law.
1 To the date of entry into force of the Articles 38 to 45 of the Pension Act stay, by way of derogation from Article 2 , the Articles 8, 4th paragraph , 17 , 17a and 17b of the Pensions and Savings Funds Act and 13 and 13a of the Regelen insurance contracts Pension and savings fund law applicable.
2 To the date of entry into force of the Articles 49 to 56 of the Compulsory Occupational Pension Scheme Act , as they are to be denominated after the date of entry into force of this Act, remain Articles 26 to 27 and 31 of the statutory occupational pension scheme Act , like this one in the midst of the poll date, applies.
3 After the date of entry into force of Article 38 of the Pension Act shall be paid by the person responsible for providing information on the first information pursuant to that Article after the date of entry into force of the that Article provide the participant with information on the character of the pension agreement, as referred to in Article 10 of the Pension Act .
4 After the date of entry into force of Article 49 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, the pension executor shall, on the basis of that article, be informed of the date of entry into force of the first disclosure of information. that Article provide the participant with information on the character of the pension scheme referred to in Article 28 of the compulsory occupational pension scheme Act , as it is to be read from the date of entry into force of this law.
5 Article 40 of the Pension Act shall apply to those who have become a participant after the date of entry into force of the said Article and the former participants who have reported to the pension exporter with the request for them referred to in the said Article to provide information.
6 Article 51 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, applies to those who have become members after the date of entry into force of the said Article and the former participants who join the pension exporter. have reported with the request to provide them with the information referred to in that Article.
7 Article 42 of the Pension Act shall apply to those whose date of separation lies after the date of entry into force of that Article.
8 Article 53 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, applies to those of whom the date of separation is after the date of entry into force of that Article.
9 With regard to those whose date of separation before the date of entry into force of Article 42 of the Pension Act The obligation of the pension executive to be included in the said Article shall apply only to those who have reported to the pension exporter with the request to provide them with the information referred to in that Article.
10 With regard to those whose date of separation before the date of entry into force of Article 53 of the Compulsory Occupational Pension Scheme Act , as it will be after the date of entry into force of this Act, the obligation of the pension exporter to be included in the said Article applies only to those who have reported to the pension exporter with the request for a change in the amount of the pension. provide them with the information referred to in that Article.
11 Article 43 of the Pensions Act shall apply to those who have become entitled to pension after the date of entry into force of the said Article.
12 Article 54 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply to those who have become entitled to pension after the date of entry into force of that Article.
1 Article 52 of the Pension Act shall apply from the date of entry into force of that Article in respect of pension claims acquired before and after the date of entry into force of that Article, if and as long as the participant or former participant Investment freedom.
2 Article 52 of the Pension Act shall not apply in the first year of the entry into force of that Article where an employer has brought the pension scheme to an insurer before the date of entry into force of that Article.
3 On the person who has become a former participant before the date of entry into force of the Article 52, second paragraph, of the Pension Act , where his address to the pension executor is known or has been reported to the pension executor, the said Article shall apply.
4 Article 63 of the compulsory occupational pension scheme Act As it will be after the date of entry into force of this Law, it shall be applicable from the date of entry into force of that Article in respect of the before and after the date of entry into force of the said Article and still be acquired pension claims if and as long as the participant or the former participant has investment freedom.
5 Article 63 of the compulsory occupational pension scheme Act As it will be after the date of entry into force of this Act, the first year after the entry into force of that Article shall not apply if the occupational pension scheme provides for the pension scheme applicable to the date of entry into force of the said Article. The article has been assigned to an insurer.
6 On the person who has become a former participant before the date of entry into force of Article 63, second paragraph, of the Compulsory Occupational Pension Scheme Act , as it shall be after the date of entry into force of this Act, the said Article shall apply if his address to the pension exporter is known or he has been notified to the pension exporter.
1 If an insurer performs on the peildate a voluntary continuation which is not in accordance with Article 54 of the Pension Act is limited in time, the insurer may continue to carry out this continuation for the relevant participant as a pension scheme within the meaning of the Pension Act .
2 If an insurer performs on the peildate a voluntary continuation that does not Article 65 of the Compulsory Occupational Pension Scheme Act , as it is to read after the date of entry into force of this Act, is limited in time, the insurer may continue to implement this continuation for the relevant participant as a pension scheme within the meaning of the Compulsory Occupational Pension Scheme Act .
1 Article 55, fifth paragraph, of the Pension Act shall apply if the termination of the holding takes place after the date of entry into force of the said Article.
2 Article 66, fifth paragraph, of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply if the termination of the holding takes place after the date of entry into force of the said Article.
3 Article 56, from the Pensions Act shall apply where the inclusion of unpaid leave takes place after the date of entry into force of the said Article.
4 Article 67 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply if the inclusion of unpaid leave takes place after the date of entry into force of that Article.
1 Article 57 of the Pension Act shall apply if, after the date of entry into force of the said article, a partner relationship of a participant or a former participant ends by separation.
2 By way of derogation from the first paragraph Article 57 of the Pension Act Not applicable if:
a. the partner relationship of a former participant with a partner within the meaning of the pension agreement ends after the date of entry into force of the said Article;
(b) the former participant before the date of entry into force of the said Article had already become a participant; and
The pension agreement does not provide for a special partner pension at the time of the date of entry into force of that Article.
3 Article 68 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply if, after the date of entry into force of the said Article, a partner relationship of a participant or a former participant terminates by separation.
4 By way of derogation from the third paragraph Article 68 of the statutory occupational pension scheme Act , as it will be after the date of entry into force of this Act, does not apply if:
a. the partner relationship of a former participant with a partner within the meaning of the pension scheme ends after the date of entry into force of the said Article;
(b) the former participant before the date of entry into force of the said Article had already become a participant; and
The pension scheme does not provide for a special partner pension at the time of the date of entry into force of that Article.
1 Until the date of entry into force of Article 58 of the Pension Act stay, by way of derogation from Article 2 , the Articles 8, 5th and 6th, of the Pensions and Savings Funds Act and 9, fourth and fifth member, of the Regelen insurance contracts Pension and savings fund law applicable.
2 Article 58 of the Pension Act shall not apply to windled increases before the date of entry into force of the said Article.
3 To the date of entry into force of Article 69 of the compulsory occupational pension scheme Act , as it is to read after the date of entry into force of this Act, continue to Articles 44 and 45, of the compulsory occupational pension scheme Act , as they are on the poll date, applicable.
4 Article 69 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, increases in respect of the date of entry into force of that Article shall not be applicable.
3 Article 58 of the Pension Act shall not apply to windscreen increases after the date of entry into force of this Regulation. Mentioned Article In so far as the increase in premiums relates to a non-contributory continuation and entitlement to the non-contributory continuation arose before the date of entry into force of this Directive, the Mentioned Article .
1 Article 61 of the Pensions Act shall apply to pension claims accumulated after the date of entry into force of the said Article, unless it is agreed in the Pension Agreement that this right also relates to pension claims made prior to the date of the said Article. entered into force of the said Article.
2 Article 73 of the compulsory occupational pension scheme Act , as it is due after the date of entry into force of this Act, applies to pension claims accumulated after the date of entry into force of the mentioned article, unless the pension scheme agreed that this right of choice. shall also cover pension claims built up before the date of entry into force of the said Article.
1 Article 64 of the Pension Act shall apply where disposal or any other act referred to in that Article takes place after the date of entry into force of that Article.
2 Article 76 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply if disposal or any other act referred to in that Article takes place after the date of entry into force of that Article.
1 Article 66 of the Pension Act shall apply if the participation ends after the date of entry into force of that Article.
(2) If the participation has ended before the date of entry into force of the Article 66 of the Pension Act , the pension exporter has the right to purchase, at the earliest, two years after the termination of the holding or the earlier regular date of the oldage pension, in accordance with the said Article, if the benefit is payable the old age pension on the regular effective date shall be lower than the amount fixed by 1 January of that year than the amount fixed by reference to that Article per year, unless the former or retired person is objecting.
3 By way of derogation from the first paragraph Article 66 of the Pension Act where the participation has ended before the date of entry into force of the said Article, but the request for sale in respect of emigration is made after the date of entry into force of that Article.
4 If the pension executor wishes to purchase from or after the regular commencement date of the oldage pension by applying the second member, and the moment when the survivor's pension is intended to be purchased, is before or on the date on which the oldage pension is based on land of the General Old-age Law Then the former participant has the right to choose that the old age pension to which the purchase relates starts on the first day of the month following the date on which the oldage pension under the General Old Age Pensions Act is based. is entering. The pension executor shall purchase at the moment the oldage pension from which the purchase is paid starts. Article 62, first paragraph, of the Pensions Act shall apply mutatis mutandis.
5 Article 78 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply if the participation ends after the date of entry into force of that Article.
6 If the participation has ended before the date of entry into force of Article 78 of the statutory occupational pension scheme , as it will be after the date of entry into force of this Act, the pension exporter shall have the right not earlier than two years after the termination of the participation or by the earlier regular date of the oldage pension. to purchase an old-age pension in accordance with that Article, if the benefit of the old age pension on an annual basis is lower than the date of application laid down in that Article on 1 January of that year, on the basis of that article. amount per year, unless the former participant or pensioner objects to it.
7 By way of derogation from the fourth paragraph Article 78 of the statutory occupational pension scheme , as it will be after the date of entry into force of this Act, shall apply if the participation has ended before the date of entry into force of the said Article, but the request for sale in connection with emigration is made after the date of entry into force of this Act. the date of entry into force of that Article.
8 If the pension exporter wishes to purchase from or after the regular starting date of the oldage pension by applying the sixth member, and the moment when the survivor's pension is intended to be purchased before or on the date on which the old age pension is land of the General Old-age Law Then the former participant has the right to choose that the old age pension to which the purchase relates starts on the first day of the month following the date on which the oldage pension under the General Old Age Pensions Act is based. is entering. The pension executor shall purchase at the moment the oldage pension from which the purchase is paid starts. Article 74, first paragraph, of the statutory occupational pension scheme Act shall apply mutatis mutandis.
1 Article 67 of the Pension Act shall apply if the partner pension starts after the date of entry into force of that Article.
2 If the partner pension has entered before the date of entry into force of Article 67 of the Pension Act , the pension exporter has the right to purchase the partner pension under the terms of the said article if the pension of the partner's pension on an annual basis is less than the date on which it was drawn up. Article 66 of the Pension Act agreed amount per year and the partner agrees to this.
3 Article 79 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply if the partner pension starts after the date of entry into force of that Article.
4 If the partner pension has entered before the date of entry into force of Article 79 of the statutory occupational pension scheme As it will be after the date of entry into force of this Act, the pension executive shall have the right to purchase the partner pension in accordance with the said Article if the benefit of the partner pension on an annual basis has been assessed on the basis of the effect time of entry less than it is on the basis of Article 78 of the statutory occupational pension scheme , as it will be after the date of entry into force of this Act, amount fixed per year and the partner agrees to this.
1 Article 68 of the Pensions Act shall apply if the claim for special partner pension on the basis of Article 57 of the Pension Act arises from a separation after the date of entry into force of the first article.
2 If the separation occurs before the date of entry into force of Article 68 of the Pension Act , the pension exporter has the right to purchase the special pension in accordance with that article, if the amount of the pension of the partner's pension on an annual basis, under the terms of the divorce, is less than the amount of the pension paid on the basis of the Article 66 of the Pension Act The amount fixed for each year and the former partner agrees to this.
3 Article 80 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, is applicable if the claim for special partner pension on the basis of Article 68 of the statutory occupational pension scheme Act , as it will be after the date of entry into force of this Act, arises as a result of a separation after the date of entry into force of the first article.
4 If the separation occurs before the date of entry into force of Article 80 of the compulsory occupational pension scheme Act As it will be after the date of entry into force of this Act, the pension executive shall have the right to purchase the special pension in accordance with that Article, if the benefit of the partner pension is assessed on an annual basis, under review. at the time of the divorce, less than it is on the basis of Article 78 of the statutory occupational pension scheme As it will be after the date of entry into force of this Act, the amount fixed per year and the former partner agrees to it.
1 The Articles 71 to 74 of the Pension Act shall apply if the acquisition of pension claims, intended to be Article 71, third paragraph, of the Pension Act on the basis of the pension scheme of a new employer, begins after the date of entry into force of the latter Article.
2 By way of derogation from paragraph 1, where the transferor is the performer of an occupational pension scheme, the Articles 71 to 74 of the Pension Act apply when the termination of employment or the termination of the holding takes place after the date of entry into force of the said Regulation. Article 71 of the Pension Act .
3 If, under paragraph 2, no obligation to value transfer exists, a power to transfer shall be subject to compliance with the value of the transfer of value Article 71, first paragraph, part a, b and c and fourth member, of the Pension Act specified conditions.
4 The Articles 82 to 85 of the Compulsory Occupational Pension Scheme Act , as they are to be denominated after the date of entry into force of this Act, shall apply if the acquisition of pension claims as referred to in Article 82, third paragraph, of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall begin after the date of entry into force of the latter Article.
5 By way of derogation from the fourth paragraph, where the recipient of a pension scheme is the exporter of a pension scheme, the Articles 82 to 85 of the Compulsory Occupational Pension Scheme Act , as they are to be replaced after the entry into force of this Law, shall apply when the termination of participation takes place after the date of entry into force of this Law. Article 82 of the Compulsory Occupational Pension Scheme Act , as it will be after the date of entry into force of this law.
6 Where, under paragraph 5, no obligation to value transfer exists, a value transfer competence shall apply subject to compliance with the value transfer. Article 82, first paragraph, subparagraphs (a), (b) and (c) and (4th) paragraph, of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, mentioned conditions.
The Articles 76 , 77 and 78 of the Pensions Act shall apply upon the termination of the holding after the date of entry into force of this Regulation. Article 76 of the Pension Act .
1 Article 80 of the Pension Act shall apply if the retirement date referred to in the first paragraph of that Article is situated after the date of entry into force of that Article.
2 Article 88 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply if the retirement date referred to in the first paragraph of that Article is situated after the date of entry into force of the said Article.
3 Under the date of retirement referred to in paragraphs 1 and 2, the date of the regular retirement date shall be understood as follows:
1 Article 83 of the Pension Act shall apply if the employer's request referred to in paragraph 1 of this Article is made after the date of entry into force of that Article.
2 Article 91 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply if the request of the occupational pension association referred to in paragraph 1 of that Article is made after the date of entry into force of the said Article. Article.
1 Article 84 of the Pension Act shall apply if a pension exporter is dissolved after the date of entry into force of that Article.
2 Article 92 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply if a pension exporter is dissolved after the date of entry into force of the said Article.
1 Article 85 of the Pensions Act shall apply when the provision of employment or participation ends after the date of entry into force of that Article.
2 Article 93 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply when the participation ends after the date of entry into force of that Article.
1 Article 86 of the Pension Act shall apply if the acquisition of pension claims to one of the European Communities begins after the date of entry into force of that Article.
2 Article 94 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, is applicable if the acquisition of pension claims to one of the European Communities begins after the date of entry into force of the said Article.
1 Article 87 of the Pension Act where a request, referred to in paragraph 1 of that Article, is made after the date of entry into force of that Article.
2 Article 95 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply if a request, referred to in paragraph 1 of that Article, is made after the date of entry into force of that Article.
1 Article 88 of the Pension Act shall apply where a request referred to in that Article is made after the date of entry into force of that Article.
2 Article 96 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Law, shall apply if a request, as set out in that Article, is made after the date of entry into force of that Article.
1 Article 89 of the Pension Act shall apply where the retirement date referred to in that Article is situated after the date of entry into force of that Article.
2 Article 97 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply if the retirement date referred to in that Article is situated after the date of entry into force of that Article.
The date of retirement referred to in the first and second paragraphs shall be understood to mean the regular retirement date.
1 Article 90, first paragraph, of the Pensions Act shall apply if the employer's request referred to in that Article is made after the date of entry into force of that Article.
2 Article 98, first paragraph, of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply if the request of the occupational pension association referred to in that Article is made after the date of entry into force of that Article.
1 Article 91 of the Pension Act shall apply where a request referred to in that Article is made after the date of entry into force of that Article.
2 Article 99 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Law, shall apply if a request, as set out in that Article, is made after the date of entry into force of that Article.
1 Article 92 of the Pension Act where a request, referred to in paragraph 1 of that Article, is made after the date of entry into force of that Article.
2 Article 100 of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply if a request, referred to in paragraph 1 of that Article, is made after the date of entry into force of that Article.
1 Article 95, second paragraph, of the Pensions Act shall not apply to information which has taken place before the date of entry into force of the said Article.
2 Article 103, second paragraph, of the statutory occupational pension scheme Act , as it will be after the date of entry into force of this Act, does not apply to information which has taken place before the date of entry into force of the said Article.
If an employer has joined a company pension fund at the latest by the poll date, this connection remains in place, even if the in-person Article 121 of the Pension Act specified conditions.
1 A designation given in respect of a violation of a prescription set at or under the Pension and savings fund law shall become after the date of entry into force of Article 1 of the Pensions Act Designated as a designation in the form of a Article 171 of the Pension Act .
2 The supervisor may, after the date of entry into force of Article 1 of the Pensions Act In application of the law applicable at the date of reference, give an indication as to the entry into force of the Agreement. Article 1 of the Pensions Act , committed violation of a prescription at or under the Pension and savings fund law .
3 A designation given in respect of a violation of a prescription set at or under the Compulsory Occupational Pension Scheme Act As that stated before the date of entry into force of this Act, after the date of entry into force of this Act, it shall be considered as a designation in the name of Article 166 of the statutory occupational pension scheme Act .
4 The supervisor may issue, after the date of entry into force of this Act, under the law applicable before the entry into force of this Act, a designation relating to a violation committed for the entry into force of this Act. of a prescription at or under the Compulsory Occupational Pension Scheme Act , as it was before the date of entry into force of this Act.
1 A decision on the appointment of one or more persons as liquidator on the basis of Article 23l of the Pensions and Savings Funds Act , after the date of entry into force of Article 1 of the Pensions Act Designated as a decision to be taken into account Article 172 of the Pension Act .
2 The supervisor may, after the date of entry into force of Article 1 of the Pensions Act decide to appoint one or more persons to be a liquidator in respect of all or certain of the institutions of a pension fund after a pension fund has not, or has not, been taken in full by a pension fund within the period prescribed by the pension fund Pension and savings fund law .
3 A decision on the appointment of one or more persons as liquidator on the basis of Article 82 of the Compulsory Occupational Pension Scheme Act As it was stated before the date of entry into force of this Act, after the date of entry into force of this Act, it shall be considered to be a decision in the Article 167 of the statutory occupational pension scheme Act .
4 The supervisor may decide, after the date of entry into force of this Act, to appoint one or more persons as a liquidator in respect of all or certain bodies of an occupational pension fund, subject to the establishment of an occupational pension fund within the prescribed period of period not or has not been fully followed by a designation on the basis of the Compulsory Occupational Pension Scheme Act , as it was before the date of entry into force of this Act.
1 A trustee appointed by the Works Chamber of the Amsterdam Court on the basis of: Article 23m of the Pension and Savings Funds Act shall become after the date of entry into force of Article 1 of the Pensions Act Qualified as a trustee appointed on the basis of Article 173 of the Pension Act .
2 A trustee appointed by the Works Chamber of the Amsterdam Court on the basis of Article 83 of the statutory occupational pension scheme As that law stated until the date of entry into force of this Act, after the date of entry into force of this Act, it shall be regarded as a trustee appointed on the basis of the law of the law. Article 168 of the statutory occupational pension scheme Act .
1 A penalty payment which has been imposed on the infringement of a prescription imposed on or under the conditions of Pension and savings fund law shall become after the date of entry into force of Article 1 of the Pensions Act Identified as a load under penalty payments as intended Article 175 of the latter Act .
2 An administrative penalty imposed on the infringement of a rule imposed on or under the conditions of Pension and savings fund law shall become after the date of entry into force of Article 1 of the Pensions Act Classified as an administrative fine as provided for in Article 176 of the latter Act .
3 The supervisor may, after the date of entry into force of Article 1 of the Pensions Act until three years after the day on which an infringement is committed, a penalty payment or penalty on the subject of infringement of a prescription lodged at or under the Pension and savings fund law .
4 A charge of penalty payment imposed on the subject of infringement of a prescription lodged at or under the Compulsory Occupational Pension Scheme Act As that stated before the date of entry into force of this Act, after the date of entry into force of this Act it shall be considered a charge under penalty payment as intended in Article 170 of the compulsory occupational pension scheme Act .
5 An administrative penalty imposed on the offence of infringement of a rule imposed on or under the Compulsory Occupational Pension Scheme Act As it was before the date of entry into force of this Act, after the date of entry into force of this Act, it shall be regarded as an administrative fine for the purpose of: Article 171 of the statutory occupational pension scheme Act .
6 The supervisor may, after the date of entry into force of this law, impose a penalty on or on the basis of a penalty on the penalty of violation of a prescription after the date of entry into force of this law to three years after the date on which an infringement is committed. Compulsory Occupational Pension Scheme Act , as it was before the date of entry into force of this Act.
7 On the imposition of a charge under penalty payments or administrative penalty as referred to in the third and sixth paragraphs, the duty applicable shall remain on the date of reference on the date of entry into force of this Act.
1 The in Article 188 of the Pension Act included in the possibility of disclosure and the in Article 191 an obligation to disclose is subject only to facts that take place after the date of entry into force of this Regulation. Article 1 of the Pensions Act .
2 The in Article 183 of the Compulsory Occupational Pension Scheme Act , as it is to read after the date of entry into force of this Act, included possibility of disclosure and the in Article 186 of the Compulsory Occupational Pension Scheme Act , as it is to read after the date of entry into force of this Act, an obligation to disclose is subject only to facts that take place after the date of entry into force of this Act.
1 An authorisation as referred to in Article 32i of the Pensions and Savings Funds Act which has been granted on the basis of Article 32j of the Pensions and Savings Funds Act , shall be based on the date of entry into force of the Pension Act On Article 192 of the latter Act .
2 Requirements and limitations imposed on a permit granted on the basis of the requirements of the Pension and savings fund law be based from the date of entry into force of Article 1 of the Pensions Act on the Pension Act .
1 From the date of entry into force of this Act, the register shall, Article 20, second paragraph, of the Pensions and Savings Act the register referred to in Article 210 of the Pension Act .
2 From the date of entry into force of this Act, the register shall, Article 71a of the Compulsory Occupational Pension Scheme Act As this stated until the date of entry into force of this Act, the register provided for in Article 204 of the compulsory occupational pension scheme Act , as it reads from the entry into force of this law.
1 An exemption granted from the Articles 3 , 5, 1st Member , and 8b of the Pensions and Savings Funds Act on the basis of Article 29 of the Pensions and Savings Funds Act shall expire one year after the date of entry into force of Article 1 of the Pensions Act .
2 A derogation granted from Article 6 of the Pensions and Savings Act on the basis of Article 29 of the Pensions and Savings Funds Act will remain in effect.
3 A derogation granted from Article 6a of the Pensions and Savings Funds Act on the basis of Article 29 of the Pensions and Savings Funds Act shall expire one year after the date of entry into force of Article 1 of the Pensions Act .
4 A derogation granted from Article 9b, 2nd paragraph, of the Pensions and Savings Act Act on the basis of Article 29 of the Pensions and Savings Funds Act remains in force until 23 September 2010, unless a pension fund receives contributions from an employer from another Member State.
5 A derogation granted from Article 10b, first to third paragraph, of the Pensions and Savings Funds Act on the basis of Article 29 of the Pensions and Savings Funds Act shall become from the date of entry into force of Article 1 of the Pensions Act Qualified as an exemption from Article 147 of the Pension Act on the basis of Article 212 of the Pension Act .
6 A derogation granted from Article 53, first paragraph, of the compulsory occupational pension scheme Act As it was before the date of entry into force of this Act, on the basis of Article 84 of the statutory occupational pension scheme , as it was before the date of entry into force of this Act, expires one year after the entry into force of this Act.
7 An exemption granted from Article 63, first to third paragraphs, of the Compulsory Occupational Pension Scheme Act As it was before the date of entry into force of this Act, on the basis of Article 84 of the statutory occupational pension scheme As that stated before the date of entry into force of this Act, from the date of entry into force of this Act, it shall be regarded as an exemption granted from Article 142 of the Compulsory Occupational Pension Scheme Act , as it is to read from the date of entry into force of this Act, on the basis of: Article 206 of the Compulsory Occupational Pension Scheme Act , as it is to be read from the date of entry into force of this Act.
8 Rules related to and limitations imposed on a waiver granted on the basis of the Pension and savings fund law Respectively Compulsory Occupational Pension Scheme Act As it was stated before the date of entry into force of this Act, it shall be based on the date of entry into force of this Law. Article 1 of the Pensions Act respectively from the date of entry into force of this Law on the Pension Act Respectively Compulsory Occupational Pension Scheme Act .
By way of derogation from Article 2 continues to be committed to infringements of Article 32, fourth and fifth paragraphs , and Article 32ba of the Pension and Savings Funds Act which are committed before the date of entry into force of Article 1 of the Pensions Act , Article 30 of the Pensions and Savings Funds Act applicable.
As regards proceedings pending before the courts against decisions taken on the basis of the Pension and savings fund law remains, by way of derogation from Article 2 , Article 33a of the Pensions and Savings Funds Act applicable.
A complaint made on the basis of Article 6d of the Pensions and Savings Funds Act to De Nederlandsche Bank N.V. has been submitted before the date of entry into force of Article 1 of the Pensions Act is assessed by De Nederlandsche Bank in accordance with Article 6d of the Pensions and Savings Funds Act .
1 By way of derogation from Article 2 remain the Articles 1, first paragraph, part g , and 8, second, third and fourth member, from the Pension and Savings Funds Act and Article 1 (d) of the Law on compulsory participation in an occupational pension fund, as set out on 31 December 1999, applicable to pension performers who previously gave application to those provisions, in the cases and during the period laid down for that purpose, but in any event no longer than for ten years after 1 January 2000, and except that the financing provided for by those provisions shall, in all cases, be equal to calendar year.
2 De Nederlandsche Bank N.V. may, by way of derogation from the first paragraph, allow a longer-term pension scheme to apply, for a period longer than there, but for a period of up to 15 years, to the provisions referred to therein; to the extent necessary to avoid unacceptable financial consequences for the pension fund concerned or the employer concerned.
3 Section 7.1 and the Articles 171 and 172 of the Pensions Act shall apply mutatis mutandis to the first and second members.
(1) If an overbearing pension fund is a pension exporter as defined in Article 63 of this law, shall apply by way of derogation from Article 72, part a, of the Pension Act No obligation to transfer if the financial condition of the pension fund which does not permit the judgment of De Nederlandsche Bank N.V.
2 The obligation to transfer the value of the transferring pension fund relives in accordance with Article 74 of the Pension Act where the financial condition of the pension fund, which, in the opinion of De Nederlandsche Bank N.V., allows at a later date.
3 If an overbearing occupational pension fund is a pension exporter as referred to in Article 214, third paragraph, of the compulsory occupational pension scheme Act , as it will be after the date of entry into force of this Act, shall apply by way of derogation from Article 83 (a) of the Compulsory Occupational Pension Scheme Act As it will be after the date of entry into force of this law, it is not a duty to transfer if the financial condition of the occupational pension fund that the DutchBank N.V. does not allow for the judgment of the institution.
4 The transfer of value to the value of the transferring occupational pension fund shall be carried out in accordance with Article 85 of the statutory occupational pension scheme , as it will be after the date of entry into force of this Act, when the financial condition of the occupational pension fund, which, in the opinion of De Nederlandsche Bank N.V., allows at a later date.
1 A pecunious, determined benefit based on Article 4 of the Implementing Decision pension aspects Social agreement 2004 is agreed not to be a pension as intended in the Pension Act or the Compulsory Occupational Pension Scheme Act to the extent that it has not yet been financed.
2 In the case of, or under general management, rules shall be laid down in respect of the first paragraph.
3 After the entry into force of this Article, the Implementing Decision pension aspects Social agreement 2004 partly to the second member.
1 A pension performer is empowered to purchase the pension claims, accrued for the benefit of retirement in the period prior to the date on which the participant or former participant reaches the age of 65, provided that the request of the participant or former participant for sale no later than two months after receiving the in Article 17, 6th paragraph, of the Pensions and Savings Act the declaration shall be made and provided that the surrender is:
a. shall be calculated in accordance with rules to be made in the case of a general management measure;
b. is used for the purpose of a life-flow scheme as referred to in Article 19g of the Law on payroll 1964 ; and
c. is transferred directly to the executor of the life-flow scheme as referred to in Article 19g, third paragraph, of the Law on Wage Tax 1964 .
2 The first paragraph shall not apply to the extent that the spouse has a right to payment in respect of pension claims as referred to in Article 2 (1) of the Treaty. Article 2, second paragraph, of the Settlement of pension rights in the event of separation .
3 After the date of entry into force of this Article, the Implementing Decision pension aspects Social agreement 2004 to the first paragraph, part a, of this Article.
In the case of a general measure of administration, with a view to the proper introduction of the Pension Act and these laws shall be laid down which may, where necessary, derogate from the provisions of, or pursuant to, the said law or this Act.
1 For the placement in the Official Gazette, Our Minister proposes the numbering of the articles of the Pension Act again and he brings the in Pension Act common citations of the articles with the new numbering in accordance.
2 The text of the Compulsory Occupational Pension Scheme Act , as it is to be replaced after the entry into force of this law, shall be placed in the Official Gazette. For the placement in the Official Gazette, Our Minister fixes the numbering of the articles and brings them into the Compulsory Occupational Pension Scheme Act common citations of the articles with the new numbering in accordance.
3 For the placement of this law in the Official Gazette, Our Minister brings the citations of the articles in this Law of the Compulsory Occupational Pension Scheme Act and of the Pension Act in accordance with the established numbering of those laws.
The following shall not be considered to be the exercise of the life insurer or the company of the non-life insurer:
(a) the closing or winding up of life insurances or non-life insurance for own account by contributing undertakings within the meaning of Article 1, first paragraph, part m, of the Pensions and Savings Funds Act As it was before the date of entry into force of this Act, or pension institutions which do not, on their own account, close or settle non-life insurance or non-life insurance, other than those required for the implementation of commitments, Intended in Article 19 ; and
b. the act of a corporate savings fund within the meaning of Article 1, first paragraph, part d, of the Pensions and Savings Funds Act As it was stated before the date of entry into force of this Act, in order to implement a scheme to save for benefit as an old-age benefit, as provided for by an employer, as long as a savings fund is as set out in Article 3 (1) of the Treaty, Article 5 .
1 If the exercise of the business of life insurer or the business of the non-life insurer is not considered:
(a) the closing or winding up of life insurance or non-life insurance for own account by undertakings or pension institutions that do not enter or settle any other life insurance or non-life insurance account on their own account then those required for the implementation of the commitments referred to in the Article 19 ; and
(b) the action of a savings fund for the execution of an employer's scheme to save for retirement provision as long as it is provided by a savings fund as referred to in Article 3 (1) of the Treaty. Article 5 .
2 The Law on financial supervision Except the General Part and the Part behavioural oversight financial markets , not applicable as long as savings funds are referred to in the Article 5 and from:
a. The provision of financial services by corporate savings funds insofar as they provide that financial services to the undertaking with which they are connected; and
(b) managing individual assets for enterprise savings funds referred to in subparagraph (a) or related funds by persons associated with the fund to which this financial service is granted.
Our Minister, for the placement of this law in the Official Gazette, brings the references in this law to articles from the Law on financial supervision in accordance with the provisions of Article 7: 1 of that Act redefined numbering.
1 The articles of that law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
2 In fixing the date of entry into force referred to in paragraph 1, a distinction may be made between pension holders.
This law is cited as: Entry and Adaptation Act Pension Act.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 7 December 2006
Beatrix
The Minister for Social Affairs and Employment,
A. J. de Geus
Issued the 22nd of December 2006The Minister of Justice,
E. M. H. Hirsch Ballin
