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Pension Act

Original Language Title: Pensioenwet

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Law of 7 December 2006 laying down rules on pensions (Pension Act)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we considered that it would be desirable to review and modernise the rules on pensions, so as to safeguard them for the future as well;

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:

Chapter 1. Definitions and scope

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§ 1.1. Conceptual provisions

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Article 1. Definitions

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For the purposes of this Act and the provisions based thereon, the following definitions shall apply:

  • -a person entitled to a pensioner: a person who is a beneficiary of a pension not yet entered;

  • -Accountant: an accountant as referred to in Article 393, 1st paragraph, of Book 2 of the Civil Code ;

  • -for sale: any act by which pension claims and pension rights lose their pension destination, except in the case of application of Article 134 or Article 3:160 of the Financial Supervision Act ;

  • -General pension fund: a pension fund which carries out one or more pension schemes or occupational pension schemes as referred to in Article 1 of the Act, which provides for a separation of assets by virtue of the provisions of Article 1 of the Act on occupational pension schemes. Collection of collections;

  • -incapacity pension: a pecunious worker's allowance for incapacity for work of the worker or former employee, which is entitled to a benefit after the expiry of the period of invalidity Article 29, first paragraph, of the Law on sickness or, if the worker or former employee receives sickness benefit from sickness benefit after the end of the period specified in the Article 29, fifth and tenth member, of the Law of the Health ;

  • -basic pension scheme: the collective pension scheme or the part of the pension scheme to which the employee is required to participate on the basis of the pension agreement;

  • -the pension fund: a pension fund for the benefit of one or more industries or parts of an industry;

  • -termination of participation: the termination of the pension acquisition on the basis of a pension agreement other than by:

    • a. the death of the participant; or

    • b. entering into the oldage pension;

  • -competent authorities: the national authorities of Member States other than the Netherlands which, under Article 6 (g), Directive 2003 /41/EC have been appointed to carry out the tasks laid down in that Directive;

  • -contribution: every sum of money to be paid to a pension exporter in the context of the implementation of pension agreements and implementing agreements;

  • -a contributing undertaking shall mean any undertaking or other entity, whether it includes one or more natural or legal persons acting as an employer or a self-employed person or a combination thereof, or consisting thereof, and which has pay pension fund, occupational pension fund, contributory pension institution or pension institution from another Member State;

  • -special partnership pension: the entitlement to a partner pension based on the Article 57, first, second or third members , obtained by the former partner;

  • -foreign institution: an institution with a seat outside the Netherlands, other than a pension institution from another Member State, an insurer with a seat outside the Netherlands, one of the European Communities or an institution as referred to in Article 70, second paragraph ;

  • -collective pension scheme: one or more pension schemes or occupational pension schemes referred to in Article 1 of the statutory occupational pension scheme in respect of which a general pension fund maintains a separate equity fund;

  • -participant means the employee or former employee who, by virtue of a pension contract, is acquiring pension claims against a pension exporter;

  • -coverage ratio: the ratio between the power of pension scheme or pension schemes under a pension fund and the technical provisions of a pension fund;

  • -employment: the legal relationship between the employer and the employee;

  • -managing director-major shareholder:

    • a. Personal holder of shares representing at least one-tenth of the subscribed capital of the employer's company and which is the right to vote in the General Assembly;

    • b. indirect personal holder of shares representing at least one-tenth of the subscribed capital of the employer's company and which is the right to vote in the General Assembly; or

    • (c) Holder of shares issued through an administrative office of which he is represented for at least one-tenth of the administrative office, representing at least one tenth of the subscribed capital of the represent and the shares which have the right to vote in the general meeting;

  • -electronically: by means of an electronic data medium which enables the recipient to maintain the information provided on a durable basis;

  • -posted worker: an employee who is seconded in another Member State to work there and who is assigned under Title II of Regulation (EEC) 1408/71 -the Council of the European Communities of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (PbEG L 149), remains subject to the legislation of the European Communities (PbEG L 149). the Member State of origin;

  • -pensioner: pensioner for whom the oldage pension has been entered;

  • -former participant: the employee or former employee by whom no pension is acquired under a pension contract and who has retained a pension claim in respect of a pension performer upon the termination of the holding;

  • -group means a group as intended Article 24b of Book 2 of the Civil Code ;

  • -capital agreement: a pension agreement on an established capital which is converted into a pension benefit at the latest by the date of retirement;

  • -Member State: a Member State of the European Union and a State other than a Member State of the European Union, which is a Party to the Agreement on the European Economic Area;

  • -survivor's pension: a partner's pension or an orphan's pension;

  • -net pension: old-age pension or survivor's pension in the form of a net pension as referred to in Article 3 (1) Section 5.3B of the Income Tax Act 2001 ;

  • -business pension fund: a pension fund linked to an undertaking or a group;

  • -the works council: the works council, which is intended for the Law on Works Councils ;

  • -recipient of a pension-exporter: the pension exporter to whom value is transferred in the context of value transfer;

  • -Our Minister: Our Minister of Social Affairs and Employment;

  • -old age pension: a pecunious allowance for the worker or the former worker in the case of an income in the age of old age;

  • -transfer value: the value of the pension claims or pension rights to be transferred for the purposes of value transfer;

  • -transferee's transferee shall mean the pension exporter who transfers value to another pension exporter in the context of value transfer;

  • -partner: spouse, registered partner or partner within the meaning of the pension contract;

  • (i) Partner pension: a pecunious, determined benefit for the spouse, registered partner or partner, the former spouse, the former registered partner or former partner on account of the death of the worker or former employee;

  • -partner relationship: marriage, registered partnership or partner relationship within the meaning of the pension agreement;

  • -pension: old-age pension, disability pension or survivor's pension, as agreed between employer and employee;

  • (i) pension entitlement: entitlement to a pension not yet entered, other than agreed conditional payment;

  • -pension fund means a foundation which is not a contributory pension institution, in which at least two participants, former participants or their survivors are or were brought together and are managed to implement at least one of the members of the pension fund. basic pension scheme;

  • -pensioner: a person for whom the pension has entered the pension under a pension contract;

  • -pension institution from another Member State: a capital-based institution, irrespective of the legal form, which has its registered office in a Member State other than the Netherlands and which is independent of any sponsoring undertaking or industry Established for the purpose of providing employment-related pension benefits on the basis of an agreement concluded as follows:

    • a. individually or collectively, between one or more employers and one or more employees or their respective representatives; or

    • b. self-employed persons,

    and that directly related work is carried out;

  • -pension contract: this is agreed between an employer and an employee in respect of pensions;

  • -pension entitlement: entitlement to a retired pension, other than agreed conditional payment;

  • -pension scheme:

    • a. A pension scheme under a pension contract; or

    • (b) if the sponsoring undertaking has a seat in a Member State other than the Netherlands, an agreement, a trust agreement or a regulation determining which pension benefits are to be granted and under what conditions;

  • -pension rules: the scheme established by the pension executive with regard to the relationship between the pension operator and the participant;

  • -a pension fund: a pension fund, a pension fund, a general pension fund, or a contributory pension institution or insurer having a seat in the Netherlands;

  • -pension liabilities: obligations of pension and pension entitlements;

  • -premium: structural performance, fixed in cash, payable to the pension exporter and intended for the insurance of pensions and the associated costs;

  • -contribution contract: a pension agreement on a fixed premium which is converted into a pension benefit at the latest on the date of retirement;

  • -contributory pension institution: a contributory pension institution based on the Law on financial supervision in the Netherlands, the company of contributory pension institution;

  • - Directive 2003 /41/EC : Directive No 2003 /41/EC of the European Parliament and of the Council of the European Union of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision (PbEG L 235/10);

  • -separation: divorce, dissolution of marriage after separation of the table and bed, termination of a registered partnership other than by death, missing or conversion of a registered partnership into a marriage or termination of a marriage partner relationship within the meaning of the pension agreement;

  • -in writing: in writing on paper;

  • -Surcharge: an increase of:

    • a. A pension entitlement;

    • b. a pension entitlement of a former participant, provided that such an increase in a capital agreement does not arise from interest or profit sharing or from a premium arrangement does not preflow from a achieved investment return;

    • c. a pension claim of a participant based on a benefit contract based on the medic system or based on a fixed-rate system provided that the increase does not relate to an increase in the pension base, the increase the number of years to be taken into account, or an amendment to the pension agreement; or

    • d. a pension entitlement of a pensioner for the benefit of his partner;

  • -supervisory authority: the Stichting S.A. Financial Markets or De Nederlandsche Bank N.V., each to the extent entrusted with the exercise of supervision by, or pursuant to, the Article 151 ;

  • -the benefit contract: a pension agreement on a defined benefit pension;

  • -implementation contract: the agreement between an employer and a pension exporter on the implementation of one or more pension agreements;

  • -implementing rules:

    • a. The scheme drawn up by a corporate pension fund with regard to the relationship between the employer and the employer;

    • b. the scheme established by a pension executive with regard to the implementation of the pension agreements with its employees;

    • c. the arrangement established by a general pension fund on the implementation of a discontinued pension scheme or occupational pension scheme as referred to in Article 4 (2) of the Treaty; Article 23a or Article 4a, third paragraph, of the compulsory occupational pension scheme Act ;

  • -obligated company pension fund: a company pension fund in which the investee is required to be set up in the Article 2, first paragraph, of the compulsory participation in a company pension fund 2000 and Article 21, first paragraph, of the Privatization Act ABP ;

  • -insurer: an insurer based on the Law on financial supervision be allowed to operate in the Netherlands with the holding of life insurer or non-life insurer;

  • -conditions relating to the partner relationship: prenup, terms of a registered partnership or terms of partnership as defined in the terms of the pension agreement;

  • -voluntary pension scheme: the part of the pension scheme to which the employee has the possibility, on the basis of the pension agreement, to participate;

  • -transfer of value: any transaction where the value of accrued pension entitlement or pension rights is used for the benefit of:

    • 1 °. other pension claims or pension rights at the same or another pension exporter; or

    • 2 °. same pension claims or pension rights in respect of another pension exporter;

  • -employer: the person who is undertaking a worker under civil or public contract employment;

  • (i) the proportion of the premium paid to the employer's account;

  • -employee: the person who, under contract of employment, carries out employment for an employer under civil or public law, with the exception of the principal shareholder and the worker who is subject to the scope of action of a person obligatory occupational pension scheme referred to in the Compulsory Occupational Pension Scheme Act falls;

  • (i) worker premium: the part of the premium paid to account for the employee;

  • -orphan's pension: a pecuniary allowance for a child to whom the deceased worker or former employee as a parent was in family law or his or her child's child, because of the death of the worker or former worker. Employee;

  • -the place where a legal person is established in accordance with its statutes or regulations or, in the case of a pension fund or pension institution from another Member State, the place where it is established in accordance with its statutes or regulations, and its central management or, in the case of a pension institution from another Member State which is not a legal person or a natural person, the place where that pension institution or person has its head office.


Article 2 Detailed rules for the definition of

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  • 1 The rules of our Minister may lay down detailed rules on what is meant by the Director-General shareholder.

  • 2 The following shall be treated as a pension agreement:

    • a. the resulting legal relationship between an employer and an employee in respect of a pension in the case of a holding in a company pension fund on the basis of a commitment; and

    • (b) the legal relationship arising from the employment relationship between a public employer and a public employee as referred to in the Privatization of ABP with regard to retirement under the contract, referred to in Article 4 and 5 of that Act .

  • 3 By arrangement of Our Minister, a category of persons, other than employees, who works in an employment relationship whereby personal work is paid at pay, may be designated who for the purposes of this Law and the ensuing They shall be treated in the same way as workers.

  • 4 A pecunious, determined benefit for a former employee who is made on the basis of an income provision for old age in connection with early retirement is not a pension within the meaning of this Act, if that benefit:

    • a. No later than the date on which, according to the General Old-age Law right to a retirement pension, when reaching the retirement age for the life pension or in earlier death and which is based on an agreement which only grants entitlement to a benefit to those who are in the the duration of the scheme, which shall not exceed five years, reached a certain age; or

    • b. is based on the Act of the Vut State Personnel Code .

  • 5 A pecunious allowance for a former employee in the form of an income provision for old age shall not be a pension within the meaning of that law where the benefit is based on a scheme:

    • a. which leads to benefits from a certain age to employees engaged in activities that have been considered to be substantially considerate by the employer;

    • b. which leads to a benefit which ends no later than the date on which General Old-age Law right to an oldage pension, in the event of a retirement age for the old age pension or earlier death; and

    • (c) who has been designated by our Minister.

  • 8 The nomination for a general measure of directors to be adopted under the seventh paragraph shall not be more than four weeks after the draft has been submitted to both Chambers of the States General.

  • 9 By way of control of our Minister, rules may be laid down in respect of capital agreements or premium agreements where the capital available on the pension date is split into a part used for the purchase of the capital. a direct temporary benefit and a part which is subsequently used for the purchase of a lifetime benefit to the temporary benefit. In this Arrangement:

    • a. Such benefits, and related survivors ' benefits, shall be treated as a pension as referred to in Article 1 (1). Article 1 ;

    • b. may be determined that this pension complies with the Articles 15 and 63 ;

    • c. may be determined that pension performers are required to cooperate in division as described in the chapeau; and

    • d. may be subject to rules relating to good performance.

  • 10 The scheme referred to in the ninth paragraph shall apply only if the pension date is situated after 31 December 2008 and the capital available on the pension date has not yet been used for the purchase of a lifetime benefit.


§ 1.2. Scope of the Act

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Article 3. Partial applicability in the case of persons, other than employees or employers, who fall within the scope of a required occupational pension fund

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  • 1 This law is with the exception of Articles 7 and 9 applicable, mutatis mutandis, to the person who is not an employer or an employee, who works in an employment relationship with personal work at pay and falls within the scope of an obligation imposed by a commitment company pension fund implemented pension scheme.

  • 2 This law is with the exception of Articles 7 and 9 applicable, mutatis mutandis to the person who is a self-employed person in the scope of a pension scheme implemented by an obligated operating pension fund.


Article 4. Partial applicability in the case of pension equalisation

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On a pension claim or a pension entitlement that is an equalisation spouse or registered partner on the basis of Article 5 of the Settlement of pension rights in the event of separation acquires, are the Articles 58 , 61 , 71 to 74 , 78 to 80 , 85 to 89 not applicable mutatis mutandis.


Article 5. Relationship to insurance agreements

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  • 2 Reducing or expiring a benefit under an insurance contract as referred to in the first member on the basis of Article 930, third to fifth member, of Book 7 of the Civil Code is not possible unless a person with whom a pension contract is concluded or by a person for whom an established law is treated under this Act is not met by the person in question. Article 928 of Book 7 of the Civil Code defined part of the obligation to inform him of his risk. In that case, the reduction or the lapse of benefit limits itself to the risk in relation to the person referred to in the first sentence. To the extent that the first sentence is in the way of a reduction or lapse of benefit, the pension fund or the insurer has a right of redress to the employer.


Article 6. Relationship to Law on financial supervision

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The Law on financial supervision does not apply to the ratio between an insurer or a contributory pension institution and a claim or pensioner, unless otherwise provided for in this Act.

Chapter 2. Pension Agreement

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§ 2.1. The establishment of a pension agreement

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Article 7. Information to employee and offer pension agreement

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  • 1 The employer shall inform the employee in writing or by electronic means within one month of the commencement of the work, whether or not he/she makes an offer to conclude a pension contract, and if so, within what period the offer shall be made available to the employee shall be done and who shall be the pension exporter.

  • 2 If the employer has informed the employee on the basis of the first member that he will not be offered an offer to conclude a pension contract, the employer shall, at a later date, make an offer for the closure of a pension contract. He shall inform the employee in writing or by electronic means on this matter.

  • 3 If a pension contract is concluded, but the employee does not yet have a pension, the employer informs the employee and informs the employer thereof:

    • a. to which conditions must be met for the acquisition of pension claims; and

    • b. which is relevant in the context of the pension agreement.

  • 4 If the employer fails to meet the first or second member, an employer is deemed to have made an irrevocable offer to conclude a pension contract if that employee belongs to the same group. of workers, to whom the employer has already made an offer to close a pension contract.

  • 5 For the purpose of electronic communication of the information referred to in paragraphs 1 and 2, the employee's express consent shall be required.


Article 8. Protection of part time and young worker

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  • 1 In the event that an employer makes an offer to one or more employees to conclude a pension contract, that employer may not omit the supply of an offer to another worker on account of the fact that the employer is not entitled to an offer to another worker is working less than full working time.

  • 2 If, as a condition of acquiring pension claims on the basis of a pension agreement, surpassing a minimum wage limit, for the application of that wage limit, the salary of an employee who is less than the In the case of full working time, it shall be traced back to the salary which would have been obtained in the case of full working time.

  • 3 In determining entitlement to old-age and survivors ' pensions, pension claims shall be granted to employees who are less than full working time in proportion to the pension claims which are in the case of a full pension Working time would have been obtained

  • 4 In determining entitlement to incapacity for work which may be taken from the pension contract, a distinction is not allowed on the basis of the single fact of the size of the working time, subject to the condition that the establishment of the incapacity for work may be taken into account for the benefit of a benefit under the Law employment and income to work where such payment relates to the same employment service.

  • 5 In case an employer makes an offer to one or more employees to conclude a pension contract, this employer may not omit an offer to another employee because of the mere fact that that employee is a have not reached a certain age, unless:

    • a. The worker is less than 21 years of age; or

    • (b) for an old-age pension which only provides for a benefit to reach pensionable age, as provided for in Article 4 (1) of the Treaty; Article 7a, first paragraph, of the General old-age law , or to reach the retirement age for the life-long retirement pension.


Article 9. Pension agreement in the event of transfers of undertakings

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By the transfer of an undertaking, intended to Article 662 of Book 7 of the Civil Code , where the transferor has not entered into a pension contract with the employees connected to that company, if the transferee has entered into a pension contract with his employees before the date of the transfer, the transferee shall be deemed, at the time of the transition, to have made the offer to the conclusion of a same pension agreement to the employees of the transferor.


§ 2.2. Pension agreement content

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Article 10. Character pension agreement

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The pension agreement shall include:

  • a. A benefit contract;

  • b. a capital agreement; or

  • c. a premium agreement.


Article 11. Payment of benefit, capital or premium

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The benefit, capital and premium under a pension contract shall be established in Dutch legal tender.


Article 12. Reservation of payment

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  • 1 The employer may, at the conclusion of the pension contract or in the event of a change to the pension contract, reserve the right to reduce or terminate the premium payment in so far as it relates to the employer's contribution in the event of a substantial payment of the premium modification of circumstances.

  • 2 Other clauses, other than those referred to in paragraph 1, where a reservation is made for the payment of contributions shall be null and void.


Article 13. Award of surcharges

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The pension agreement determines whether surcharges are granted and, if so, what the level of ambition is and what conditions apply to the provision of the payment.


Article 14. Limitation of age according to age of acquisition and supply

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  • 1 The acquisition of old-age pension claims on the basis of a pension contract shall begin at the latest at the age of 21 of the employee or at the later date of taking up employment, unless it concerns an old-age pension which only provides for in a payment to the achievement of the pensionable age specified in Article 7a, first paragraph, of the General old-age law , or to reach the retirement age for the life-long retirement pension.

  • 2 The date referred to in paragraph 1 at which the acquisition begins may be postponed, if the pension agreement provides for a waiting period or threshold period, in respect of a retirement pension for a maximum period of two months or, if It is a broadcast agreement as referred to in Article 3 (2). Article 690 of Book 7 of the Civil Code , until the employee has performed work in more than 26 weeks. For the calculation of the 26-week period is Article 691, fourth and fifth member, of Book 7 of the Civil Code applicable mutatis mutandis. Waiting periods or threshold periods are not allowed for the survivor's pension and the disability pension.

  • 3 In case an employer who has not yet entered into a single pension contract or who has only entered into a pension agreement with employees belonging to a particular group is about to conclude one or more pension agreements, In the case of his employees who are older than 21 years of age, the requirement that the acquisition of a pension should have started at the age of 21 shall not be required.

  • 4 Each clause in violation of paragraph 1 and the second paragraph shall be null and void.


Article 15. Further requirements for oldage pension

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  • 1 If a pension contract provides for an old-age pension, the contract stipulates that that pension shall be paid in life to the pensioner, unless the old age pension provides for a benefit only for the benefit of the pension. of the age of pensionable age referred to in Article 7a, first paragraph, of the General old-age law , or to reach the retirement age for the life-long retirement pension.

  • 2 Any clause in violation of the first paragraph shall be null and void.


Article 16. Additional requirements for partner pension

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  • 1 If a pension agreement provides for a partner pension for the benefit of a partner with whom the participant is not married or has a registered partnership, this partner shall apply to this partner as regards the method of determining the pension. partner pension the same rights and obligations as for a married or registered partner.

  • 2 Any clause in violation of the first paragraph shall be null and void.


Article 17. Proportional acquisition of pension claims

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The acquisition of pension claims under a benefit contract or a capital agreement shall take place at least in proportion to the duration of the participation.


Article 17a. Proportional calculation of costs

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The calculation of costs under a premium agreement shall take place in proportion to the time period.


Article 18. Maintenance claims in the event of a reduction in the pension

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  • 1 In the case of a reduction in the pension base of an employee, the pension claims accrued under the pension contract shall not be changed until the date of the reduction.

  • 2 In the event of a reduction in the pension base, accrued pension claims remain and pension claims shall be determined in accordance with Article 55 .

  • 3 Each clause in violation of the first or second paragraph shall be null and void.


§ 2.3. Pension agreement change

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Article 19. Pension agreement change

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An employer may change the pension agreement without the employee's consent if the power is included in the pension contract in writing and is also in such a serious interest of the employer that it is An employee's interest that the change would be damaged by standards of reasonableness and equity should be taken into account.


Article 20. Effects of amendment of a pension agreement

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In the event of a change to a pension agreement, the pension claims accrued to the persons entitled to a change shall not be changed, subject to the provisions of the Articles 76 , 78 , 83 and 134 .


§ 2.4. Employer's information and hearing obligation

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Article 21. Information on the pension scheme and notification of changes

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  • 1 The employer shall ensure that the employee with whom he has entered into a pension contract and who acquires pension claims is informed of the characteristics within three months of the start of the acquisition by the pension exporter. of the pension scheme, the implementation of the pension scheme and on personal circumstances that may require an action of the employee. The employee shall also be informed on the website of the person responsible for retirement and on the possibility to consult the pension register.

  • 2 The employer shall inform the employer of any change in the pension contract referred to in the first paragraph. The pension exporter shall inform the employee within three months of any change to the pension agreement relating to that change and the possibility of requesting the amended pension regulation at the time of the pension execution.

  • 3 The first paragraph shall not apply if the employer has entered into a previous pension contract with the same worker, at the latest six months before the date of conclusion of the pension contract with the worker, under which the worker is the worker of the person concerned has received the information referred to in first paragraph. Information that has been amended since the last communication is provided.

  • 4 In the case of, or under general management, detailed rules on this Article shall be laid down, inter alia, on the information to be provided and the inclusion of information on the comparability of the elements of the pension scheme.


Article 22. Association of pension beneficiaries in case of execution by insurer

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  • 1 The employer shall allow an association of pensioners to give its opinion on an intended decision of the employer as part of an implementation contract with an insurer if:

    • (a) that decision shall affect the performance or the level of pension rights of pensioners; and

    • b. the sum of the number of employees and the number of pensioners who have entered into a pension agreement with the employer at that time is equal to or greater than 250.

  • 2 An association of pension beneficiaries as referred to in the first paragraph shall have full jurisdiction and shall also comply with the following conditions:

    • (a) its statutory purpose includes, in any event, the defence of the interests of pensioners who have been employed by the employer;

    • (b) at least 10% of all pensioners who have been employed by the employer shall be members of the association;

    • c. The association reports its existence with the employer and the insurer.

  • 3 The judgment of an association of pensioners shall be requested at such a time that it may affect the decision referred to in paragraph 1.

  • 4 When requesting a judgment, the association of pensioners provides an overview of the rationale for the decision and of the consequences that the decision is expected to affect for the participants, former participants, pensioners and others. have other pension beneficiaries.

  • 5 The employer shall, on request, supply an association of pension beneficiaries with all information and information in good time, which must reasonably be required for the form of its opinion. The information shall be provided in writing on request.

  • 6 The insurer informs pension beneficiaries, who receive pension under a pension contract with the employer referred to in the first member, on the existence of an association of pension beneficiaries as referred to in the first member.

Chapter 3. Implementation Agreement

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§ 3.1. Close Execution Agreement

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Article 23. Employer's Undergoing-Light

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  • 1 The employer brings a pension agreement, at the latest when an employee acquires pension claims, under the contract immediately to conclude a written contract of execution with, and maintaining, the following:

    • a. A pension performer;

    • (b) a pension institution from another Member State which has a licence issued for that purpose as intended to Article 199 and notified to the competent authorities in accordance with Article 199 ; or

    • c. An insurer with a seat outside the Netherlands, provided that that insurer is based on the Law on financial supervision in the Netherlands, the life insurer or the non-life insurer may exercise.

    The employer may, in the case of a contributory pension institution, only subcontract a premium contract in which the contributory pension institution bears no risk.

  • 2 The employer's obligation under the first paragraph to conclude and maintain a written contract of implementation shall not apply to the execution of a company pension fund:

    • a. provided that the employer is or has been connected by being a member of an employers ' association to comply with the statutes and regulations of this company pension fund; and

    • b. An implementing regulation has been drawn up by the company pension fund that meets the requirements of the Article 25 have been put in place in respect of the implementing agreement.

  • 3 The employer's obligations under the first paragraph and the conclusion and maintenance of a written contract of execution shall not apply when a pension contract is concluded by an employer who is also a member of the employer. For pension purposes, provided that:

    • a. the pension agreements of such employees are assigned to the employer as a pension exporter; and

    • (b) an implementing regulation has been drawn up by the employer.


Article 23a. Completed Pension Scheme of Implementing Regulation

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If a general pension scheme carries out a pension scheme which has ceased to exist and the employer has ceased to exist, the general pension fund shall draw up an implementing regulation which, if applicable, complies with the provisions of the Staff Regulations. require in Article 25 have been put in place in respect of the implementing agreement.


Article 24. Employer's contribution to the pension scheme

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The employer shall meet the amount of the premium payable unless there is satisfaction of the former worker in the case of a voluntary continuation as referred to in Article 4 (1). Article 54 .


§ 3.2. Implementation Agreement content

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Article 25. Requirements for the content of the implementation agreement

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  • 1 The implementing agreement shall, in any event, include a system of rules on the following:

    • (a) the arrangements for fixing the premium payable;

    • b. the manner in which and time limits in which the premium payable must be met, taking into account Article 26 ;

    • c. the information provided by the employer to the person responsible for the pension;

    • d. the procedures applicable for the non-compliance with premium payment obligations by the employer;

    • e. the procedures applicable in the drawing up and amendment of the pension regulations in connection with the conclusion and amendment of a pension contract;

    • f. the criteria and conditions under which payment is to be made;

    • g. the principles and procedures in relation to decision-making on capital deficits and capital surpluses or profit-sharing;

    • (h) conditions applicable upon termination of an implementation contract concluded with an insurer, a contributory pension institution or a general pension fund. In this scheme, the interests of both the insurer, the contributory pension institution or the general pension fund, and the employer, shall be ensured in a balanced manner, from an actuarial and economic point of view, by taking into account:

      • 1 °. the other conditions laid down in the Implementing Agreement;

      • 2 °. the rates applied; and

      • 3 °. the profit-sharing form.

      The scheme cannot include the exclusion of collective value transfer;

    • i. the criteria used by the contributory pension institution in the choice of an insurer for the purchase of a pension benefit;

    • j. the costs associated with the implementation of the pension scheme and which can be deducted from a separate pension fund held by a general pension fund;

    • k. the costs which may be charged to the premium for a separation of assets held by a general pension fund; and

    • (l) the arrangements made with a general pension fund on the quality of the service.

  • 2 The implementing agreement shall, in so far as it has been agreed, provide for the following items of procedure:

    • a. A reservation of the employer as referred to in Article 12 ;

    • b. in the case of a premium or refund: the conditions under which the premium is reduced or returned, the method of fixing the amount of the premium or repaying premium and its intended purpose;

    • (c) in the case of an employer's obligation to pay: the conditions under which an obligation to deposit is subject and how its height is determined;

    • d. the possibility of voluntary continuation of the pension scheme after the termination of the employment relationship;

    • e. the connection criteria under which the voluntary connection has been made to an enterprise pension fund; or

    • f. the rights and obligations relating to voluntary pension schemes.

  • 3 In the case of, or under general management, detailed rules on the costs referred to in paragraph 1 (j) and (k) and the arrangements referred to in paragraph 1 shall be set out in paragraph 1.


Article 26. Premium payment requirements

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The implementing agreement shall lay down how the employer's payment of the premiums to the pension executor is made, and the following conditions are met:

  • (a) at the latest within one month of the end of each quarter, the employer shall comply with the employer's employer's employer's employer's salary and the employee's salary, which shall be due in that quarter;

  • (b) where the premium is fixed and charged on the basis of a period longer than one quarter, that period shall not exceed one year and the employer shall, at the latest within one month of the end of each quarter, enter a quarter of that period. part of the annual premium to be paid by him on the basis of his own contribution, on the basis of an estimate of the employer's employer's employer's employer's salary and the employee's remuneration, to the person responsible for the pension; and

  • The total annual premium, consisting of the operating allowance and the premium on the labour market, shall be paid to the pension exporter no later than six months after the end of the calendar year.


Article 27. Premium payment on termination participation

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The Article 26 those time limits shall not apply where the participation is terminated. In that case, the premium payable at the time of termination shall be paid within 13 weeks.


Article 28. Pension fund reporting on premium backlogs and minimum requirement of own funds

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  • 1 A pension fund informs in writing each quarter the responsibility body or body and, in the absence of it, participants, former participants and pension beneficiaries, where there is a premium lag in the quarter. size of 5% of the total annual premium to be received by the pension fund, and also not fulfilled at or under Article 131 the minimum own funds required for the minimum.

  • During the situation referred to in paragraph 1, a pension fund shall also inform each quarter of the undertaking of the undertaking which still owes the pension fund.

  • 3 In the case of a general pension fund, the preceding two members shall be applied per separate assets.


Article 29. Insurer's notification of premium backlogs and premium backlogs

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  • 1 An insurer informs the participants and the employer when the premium backlog makes it necessary to terminate the build-up of pension claims by having premium release or pension claims expire without premium-free value.

  • 2 An insurer shall be able to notify the participants referred to in paragraph 1 only if it has demonstrably made an effort to collect the arrears premium.

  • 3 The insurer may, at the earliest three months after the communication referred to in paragraph 1, terminate the establishment of pension claims by releasing premium release or pension entitlement without premium-free value.

  • 4 The premium release referred to in paragraph 3 shall be made at the earliest at the beginning of the five months before the date of the information of the participants.

  • 5 The coverage of the incapacity risk or mortality risk remains fully established until three months after the notification referred to in paragraph 1.

  • 6 In the case of contributions liberalization, insurance shall be continued free of charge without the payment of a premium and interest with the pension claims. Costs, in so far as they are derived from the free premium, shall not be offset against any pension claims.

  • 7 This Article shall apply mutatis mutandis to a contributory pension institution.


Article 30. Applicable law

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The following clause shall be inserted in an implementing contract with an insurer with a registered office outside the Netherlands, which shall be chosen in the event of the establishment or at a later date of choice for other than Dutch law:

Irrespective of the legal system chosen, the Pensions Act shall in any case be subject to this Implementing Agreement.


§ 3.3. Other

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Article 31. Prohibition of assault and other acts

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A pledging of the rights arising under the Implementing Convention is null and void by the employer or any other act of his or her own right, which is granted to persons other than those entitled to the right of entitlement or pension.

Chapter 4. General provisions relating to the pension exporter

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§ 4.1. Pension Execution Tasks

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Article 32. Global Task

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A pension executor shall have the task of carrying out a pension contract on the basis of an implementing contract or of an implementing regulation.


Article 33. Ensuring good governance

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  • 1 A pension performer shall set up his organisation in such a way as to ensure good governance, so that in any case:

    • (a) is accountable to the right and the employer and the employer; and

    • b. Internal supervision.

  • 2 In the case of a general measure of management, rules may be laid down in respect of the first paragraph. Those rules may relate in particular to compliance with the principles of good pension fund management in that general measure of management.


Article 34. Subcontracting

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  • 1 If a person devotes a third party to a third party, he shall ensure that the third party complies with the rules laid down in or pursuant to this Act, which shall apply to the outforerable pension scheme.

  • 2 In the case of, or under general management, the following may:

    • (a) work shall be designated which shall not be subcontracted;

    • b. Rules shall be laid down regarding the subcontracting for the purpose of monitoring compliance with the compliance with or under this Act; and

    • c. rules relating to the control of risks associated with subcontracting.


Article 35. Drafting and content of the pension regulation

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  • 1 The pension executor shall establish a pension regulation in accordance with the pension agreement and the Implementing Convention or the implementing rules.

  • 2 In each case, provisions concerning the following shall be incorporated into the pension regulation:

    • a. the way in which the pension executor deals with incoming values in the context of value transfer;

    • b. The height of the terms of trade and the construction selector, specified in Article 60 and 61 , and the buy-back foot intended in Article 66 ; and

    • c. the discount rule, for the purpose of Article 134 .


Article 36. Enroll Years Enroll

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  • 1 The pension performer records the participants ' years of participation and provides information on this subject to participants and former participants.

  • 2 In the case of a general measure of management, rules may be laid down in respect of the first paragraph, including the periods of eligibility as participation years.


Article 37. Disability notification

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  • 1 The Employee Insurance Implementing Institute shall report the incapacity for work of a participant in the pension exporter.

  • 2 By arrangement of Our Minister, rules shall be laid down in respect of the first member.


Article 38. Provide information to participants annually

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  • 1 The pension performer shall provide the participant annually:

    • a. An indication of the pension claims acquired;

    • b. An indication of the value growth of pension entitlement to be charged to the preceding calendar year in accordance with Article 3.127 of the Income Tax Act 2001 and the provisions based thereon;

    • c. information on surcharge; and

    • d. information on the reduction of pension claims and pension rights on the basis of Article 134 .

  • 2 In the case of, or under general management, rules may be laid down in respect of the declarations and information referred to in paragraph 1 and the manner in which they are provided.


Article 39. Providing information to participants on termination participation

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  • 1 The pension performer shall provide the participant at the termination of the investee:

    • a. An indication of accrued pension claims on the basis of Article 55 ;

    • b. Details of surcharge;

    • c. information that is relevant to the participant specifically in the context of termination;

    • d. information on conditions relating to the functioning of the pension exporter; and

    • e. information on the reduction of pension claims and pension rights on the basis of Article 134 .

  • 2 In the case of, or under general management, rules shall be laid down in respect of the declaration and information referred to in paragraph 1 and the manner in which they are provided.


Article 40. Provide information to former participants periodically

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  • 1 The pension executor shall provide the former participant at least once in five years:

    • a. An indication of his accumulated pension claims; and

    • b. Details of surcharge.

  • 2 The pension performer shall inform the former participant within three months of an amendment to the surcharge policy on that change.

  • 3 The information referred to in paragraph 1 may derogate from the provisions of the Article 49 to be made available electronically if the acquired pension structure is less than the one based on the Article 66 certain amount, unless the former participant objects to it.

  • 4 In the case of, or under general management, rules shall be laid down in respect of the declaration and information referred to in paragraph 1 and the manner in which they are provided.


Article 41. Provide information to former partner on divorce

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  • 1 The pension performer shall provide the person who is a former partner and obtain a claim for a special partner pension:

    • a. An indication of the accrued pension entitlement to a partner pension;

    • b. Details of surcharge;

    • c. information that is of particular interest to the former partner; and

    • d. information on the reduction of pension claims and pension rights on the basis of Article 134 .

  • 2 In the case of, or under general management, rules shall be laid down in respect of the declaration and information referred to in paragraph 1 and the manner in which they are provided.


Article 42. Provide information to former Partner periodically

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  • 1 The pension performer shall provide the former partner at least once during the five years:

    • a. An indication of his accrued entitlement to a partner pension on the basis of Article 41 ; and

    • b. Details of surcharge.

  • 2 The pension performer informs the former partner within three months of an amendment to the surcharge policy on that change.

  • 3 In the case of, or under general management, rules shall be laid down in respect of the declaration and information referred to in paragraph 1 and the manner in which they are provided.


Article 43. Provide information prior to or at the retirement entrance

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  • 1 The pensioner shall provide the person entitled to the pensioner:

    • a. An indication of his pension entitlement;

    • b. An indication of the accrued claims to the survivor's pension when the pension scheme provides for it;

    • c. Details of surcharge;

    • d. information on the reduction of pension claims and pension rights on the basis of Article 134 ; and

    • e. information which is of interest to the pensioner in the context of the pension entrance.

  • 2 In the case of, or under general management, rules shall be laid down in respect of the declarations and information referred to in paragraph 1 and the manner in which they are provided.


Article 44. Provision of information to pension beneficiaries periodically

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  • 1 The pension executive shall provide the pensioner annually:

    • a. An indication of his pension entitlement;

    • b. An indication of the accrued claims to the survivor's pension when the pension scheme provides for it; and

    • c. Details of surcharge.

  • 2 The pension executive shall inform the pensioner within three months of an amendment to the surcharge policy on that amendment.

  • 3 In the case of, or under general management, rules shall be laid down in respect of the declarations and information referred to in paragraph 1 and the manner in which they are provided.


Article 45. Provision of information to participants in voluntary pension schemes

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  • 1 The pension performer shall inform a participant prior to the participation in the voluntary pension scheme of:

    • a. the content of the voluntary pension scheme;

    • b. An indication of the regulatory requirements to be attained under the voluntary pension scheme;

    • c. the provision of the supplements; and

    • d. Reduction of pension claims and pension rights on the basis of Article 134 .

  • 2 The list of pension entitlements to be achieved, in so far as the old-age pension is concerned, is also presented on the basis of a pessimistic scenario, an expected scenario and an optimistic scenario.

  • 3 In the case of, or under general management, detailed rules on this Article shall be laid down, inter alia, on the calculation rules to be applied.


Article 45a. Execution Cost Information

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  • 1 A pension fund shall include in its management report information about the implementation costs for the reporting year, distinguishing: administrative execution costs, the cost of asset management and transaction costs.

  • 2 In the case of, or under general management, further rules shall be laid down in respect of this Article.


Article 46. Information on request

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  • 1 The pension executor shall provide the participant, the former participant, the former partner or the pensioner, upon request:

    • a. An indication of his accumulated pension claims, statutory pension entitlement or pension entitlement, where such information is also represented on the basis of a pessimistic scenario, in so far as the oldage pension is concerned; anticipated scenario and optimistic scenario;

    • b. The information relevant to him on investments; and

    • Information on other subjects to be determined by general management measure.

  • 2 The pension performer shall provide the participant, the former participant or the former partner upon request with information which is specific to him, including an indication of potential capital to be reached at the pension date of the premium agreements Where the premium is invested and an indication of the amount of the periodic cash benefits to be purchased when the capital is to be reached in the case of capital agreements and premium agreements.

  • 3 The indications referred to in paragraph 2 above, in so far as the old-age pension is concerned, shall also be presented on the basis of a pessimistic scenario, an expected scenario and an optimistic scenario.

  • 5 In the case of, or under general management, detailed rules relating to this Article shall be laid down, inter alia, on the calculation rules to be applied.


Article 46a. Available Information

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  • 1 The pension executor shall make available on its website for at least the participant, former participant, former partner or pensioner:

    • a. Information on the pension scheme as referred to in Article 21 ;

    • b. further information on the pension scheme;

    • c. Execution Cost information; and

    • d. Board report and annual accounts.

  • 2 Where applicable, the pension executor shall make available on its website for the participant, former participant, former partner or pensioner:

    • a. The Declaration on Investment Principles;

    • b. information on the financial crisis plan;

    • c. information on the recovery plan or updated recovery plan;

    • d. the Pension Regulations; and

    • e. the Implementing Agreement or the implementing rules.

  • 3 In the management report referred to in paragraph 1 (d), a pension fund shall record information on the feasibility test and the real coverage level.

  • 4 If the participant, former participant, former partner or pensioner, requests that the person concerned shall provide the information and documents referred to in paragraphs 1 and 2 either by electronic means or in writing.

  • 5 In the case of, or under general management, further rules shall be laid down in respect of this Article.


Article 47. Information to be provided on departure to another Member State

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  • 1 The pension performer shall provide participants, former participants and pensioners who settle in another Member State with information on their pension rights and pension rights and on the possibilities for them under the pension scheme. commandments.

  • 2 The information provided under the first paragraph shall be at least in accordance with the information provided to participants, former participants and pensioners who remain in the Netherlands.


Article 48. Requirements for the provision of information

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  • 1 The information provided by or made available by the pension exporter is correct, clear and balanced. The information shall be provided or made available in a timely way.

  • 2 The pension performer shall promote that personal information is consistent with the information needs and characteristics of the participant, former participant, former partner or pensioner.

  • 3 The pension executor promotes that the information gives the participant, former participant, former partner or pensioner an insight into the options available in the pension scheme and the consequences of major events for the pension. Pension.

  • 5 In the case of, or under general management, detailed rules on this Article include, inter alia, the uniform pension overview and the provision of information by means of the uniform pension overview.


Article 49. Information electronically or in writing

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  • 1 The pension executor shall provide the information electronically or in writing. The exchange of written and electronic information shall not exceed once a year.

  • 2 The pension executive shall inform the participant, former participant, former partner or pensioner in writing of the intention to provide electronic provision.

  • 3 If the participant, former participant, former partner or pensioner objects to electronic provision, the person responsible for the pension shall provide the information in writing.

  • 4 In the case of or under general management measure, detailed rules may be laid down in respect of this Article.


Article 50. Provision of information by a pension exporter

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  • 1 The person responsible for the pension may provide the information in writing, as provided for in the Articles 38 to 44 , the last known address of the participant, former participant, a pensioner or a former partner shall be held to the last time.

  • 2 If this address appears to be incorrect, the pension performer shall consult the basic registration persons on the address of the participant, former participant, a pensioner or a former partner.

  • (3) Where the cost of the pension is incurred as a result of activities arising from the failure of the participant, former participant, a pensioner or a former partner to change his address in respect of a change of address, inform, the pension executor may charge these costs, but may not directly deduct these costs from the benefit.

  • 4 If the registered address for the electronic provision of information proves to be incorrect, the person responsible for the provision of the pension shall provide the information in writing.


Article 51. Pension register

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  • 1 There is a pension register, furnished and maintained by the Pension exporters, which aims to provide clear and comprehensible means to the person entitled to speak or to provide the pensioner with information on his/her own to consult pension entitlements and pension rights, where such information is also reflected, in so far as the oldage pension is concerned, on the basis of a pessimistic scenario, an expected scenario and an optimistic scenario. The pension register also aims to provide an insight into the height of the pension to be reached, the choices regarding the pension and the consequences of these choices and of important events on the retirement pension or the pensioner. Pension entitlements and pension rights within the meaning of this Article are also defined as entitlement to a retirement pension and entitlement to a retirement pension on the basis of the pension rights of the Member States. General Old-age Law .

  • 2 The pension performer shall, at the request of the entitled or the pensioner, provide timely data relating to pension claims and pension rights through the pension registry.

  • 4 The data provided under the second and third paragraphs by the pension register shall be used within that framework only for the purpose specified in the first paragraph.

  • 5 An institution to be established by Our Minister shall develop and manage the pension register and shall ensure the timely processing of the data referred to in the second and third paragraphs and the proper functioning of the pension register.

  • 7 The institution referred to in paragraph 5 shall, in relation to its role as an editor referred to in the sixth paragraph, adopt rules laying down rules for the development and management of the pension register. In any case, this Regulation shall lay down rules on the data to be supplied, the manner in which such data is provided and the financing and security of the pension register.

  • 8 The Rules of Procedure and any amendments thereto shall be subject to the approval of our Minister.

  • 9 What in the case of or under Chapter 7 the application of this Article by the institution of the implementation of this Article shall apply mutatis mutandis to the implementation of this Article by the institution specified in the fifth paragraph.

  • 10 In the case of, or under general management, detailed rules on this Article shall be laid down, inter alia, the scenarios, the updating of the data to be provided, the inclusion of data relating to the choices in respect of the choices to be provided. of the pension and the consequences of these choices and of important events on the pension and the phasing out of the inclusion of this data.


Article 52. Obligation to provide pension benefits in the case of premium agreements with investment freedom

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  • 1 In carrying out a premium agreement with investment freedom, the investor shall be responsible for the investments and shall act accordingly Article 135 .

  • 2 The pension executive shall provide the participant and the former participant with the possibility to assume responsibility for the investments.

  • 3 If the participant or the former participant has taken over responsibility for the investments, the pension performer shall advise the participant or the former participant on the spread of the investments in relation to the duration of the period as a retirement date, where the investment risk becomes smaller as the retirement date approaches.

  • 4 The pension performer shall, at least once a year, examine whether the unit's investments or former participant's investments are within the limits set by the third paragraph and inform the participant and the former participant thereof.

  • 6 In the case of or under general management measure, rules may be laid down in respect of this Article.


Article 53. Provision of benefits (in other Member States)

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The pension exporter shall pay the pension under a pension right at the request of the pensioner in a Member State of the European Union other than the Member State in which that pension executor is established, with transaction costs on the pension Pension allowance may be deducted under the pension scheme.


Article 54. Carry out voluntary continuation

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  • 1 A pension performer may carry out a voluntary continuation of the pension scheme for the former employee, if the voluntary continuation for a period of not more than three years from the termination of the service It lasts.

  • 2 By way of derogation from the first paragraph, a period of 10 years shall apply to the extent to which the former employee, after leaving the service, enjoys during that period a profit from an undertaking referred to in Article 2 (1). Article 3.8 of the Income Tax Act 2001 .

  • 3 The period referred to in the first paragraph may be waived if:

    • a. The participant at the time of termination of the service is unfit for work. The period during which there may be voluntary continuation shall not exceed three years or the duration of the incapacity for work if it is longer; or

    • b. After the termination of the service, the participant receives a periodic benefit to replace the termination of service income on the basis of one or more employers and one or more of the other employers; workers agreed to the scheme. The period of voluntary continuation shall not exceed three years or the period during which the benefit is received if it is longer.

  • 4 The participant that wishes to continue voluntarily does so within nine months from the termination of the service, a request to that effect from the pension exporter.

  • 5 The voluntary continuation shall begin no later than 15 months after the termination of the service. Article 14, second paragraph , does not apply to the period from the termination of service to the start of voluntary continuation.


§ 4.2. Claim claim

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Article 55. Maintenance claim of pension on termination of participation

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  • 1 Upon termination of the investee, the former participant shall retain the pension claims accrued until such time as there is a benefit agreement or a capital agreement. This pension entitlement must be fully financed at the time of termination. In the case of premium release on the basis of Article 29 (4) This will be taken into account in the determination of the claims accrued.

  • 2 In the case of a premium contract, the determination of pension entitlements shall, upon termination of the holding, be carried out as follows: the capital resulting from the premiums made available up to that point shall be:

    • a. invested up to the retirement date;

    • b. used for the purchase of an insured capital available at the retirement date; or

    • c. used for an insured lifetime benefit from the retirement date, whether or not in combination with a survivor's pension.

  • 3 If the design of the premium agreement is such that the premium made available directly, and not only at the end of the holding, is used for a benefit or capital, the first member shall be the subject of that contract.

  • 4 Participants and other persons entitled to benefit from a pension scheme after the termination of a pension scheme to another Member State of the European Union shall retain their pension entitlement to the same extent as participants and others persons who continue to participate in the Netherlands at the end of their participation.

  • 5 If the pension agreement provides for a partner pension on a risk basis, the participant, who shall be entitled to a benefit on the basis of the pension after termination of the holding Unemployment law entitlement to a partner pension for the benefit of his partner during the period of receipt of the benefit. The amount of the partner pension is determined as if the same pension would have been agreed on build-up, taking into account the partner pension acquired on the basis of Article 61 . This paragraph shall apply mutatis mutandis to the participant, who shall be entitled to unemployment benefits of his country of residence after the termination of the participation.


Article 56. Retention entitlement to a pension on leave

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If the pension agreement provides for a partner pension, the inclusion of unpaid leave to a maximum of 18 months by the participant during the investee does not affect the amount of coverage under the partner pension.


Article 57. Retention of claim in the event of separation

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  • 1 If a participant ' s partner relationship ends through separation, the former partner of the participant obtains such a claim to a partner pension if the participant would have retained for the benefit of that former partner if at the time of the event the partner's relationship has been met. His participation would have ended.

  • 2 If a former participant's partner relationship ends by separation, and the former participant has retained a partner pension in the event of termination of the investee for the benefit of that partner, entitlement to the former partner shall be based on the former partner's pension. of the former participant.

  • 3 If the partner relationship of a pensioner ends through separation, and the pensioner has retained a pension entitlement for that partner when entering the oldage pension, he/she shall be entitled to the former Partner of the pensioner.

  • 4 The first, second and third paragraphs shall not apply where the partners agree on conditions relating to the partner relationship or a written agreement with regard to the separation. These conditions or agreements are valid only if the person responsible for the pension has declared his willingness to accept it and is prepared to cover a risk arising from the derogation or the level of the benefit to apply.

  • 5 A former partner with a right to a special partner pension referred to in the first, second or third members, shall have the right to dispose of it to an earlier or subsequent partner of the deceased participant, former participant or pensioner, provided that:

    • (a) the pension exporter is prepared to cover any change in risk resulting from that transfer;

    • b. the estrangement is irrevocable; and

    • c. This is agreed by notarial past deed.

  • 6 If, after application of the first or second paragraph, the former partner dies before the participant or former participant dies, the entitlement to the partner pension from the time of death of the former partner shall be returned from the pension entitlements of the participant or former participant referred to in the first and second members, to the extent that this provision is determined by the pension scheme in question.


Article 58. Equal treatment for surcharges

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  • 1 If an old-age pension entitlement of a pensioner who has not been a former participant is increased by means of a supplement, the old-age pension entitlement of a pensioner who has been a former participant shall be the same increased if they have participated in the same pension scheme.

  • 2 Where a right to a partner's pension of the partner of a deceased pensioner who has not been a former participant is increased by means of a supplement, the partner pension rights shall be:

    • a. For the benefit of the partners of deceased pensioners who have been former participants;

    • b. For the benefit of the partners of deceased former participants;

    • c. for the benefit of the partners of deceased participants; and

    • d. of the former partners with a special partner pension;

    increased to the same extent, provided that these rights arise from a pension agreement based on the same pension scheme as that of the deceased pensioner who has not been a former participant.

  • 3 If an old-age pension entitlement is increased by means of a supplement, the claim to a former participant who participated in the same pension scheme shall be increased to the same extent.

  • 4 If a pension entitlement of a pensioner who has not been a former participant is increased by means of a supplement, the partner pension entitlement shall be:

    • a. for the benefit of the partner of a retired person who has been a former participant;

    • b. for the benefit of the partner of a former participant; and

    • c. of the former partner of the former participant with a special partner pension;

    increased to the same extent, provided that these claims arise from a pension agreement based on the same pension scheme as that of the pensioner who has not been a former participant.

  • 5 No distinction shall be made between partners in the granting of supplements to a partner pension.

  • For the purposes of this Article, reference shall not be made to the employee as referred to in Article 3 (1). Article 1 (g) of the Privatisation Act FVP which is entitled to a contribution from the Foundation for Continuation Pension Insurance.


Article 59. No limitation period in favour of the pension exporter

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A claim against a pensioner shall not be entitled to a benefit on the life of the pensioner.


§ 4.3. Dispose of pension

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Article 60. Radio-really higher or earlier ingaand old-age pension

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  • 1 If a pension scheme based on a pension agreement provides for the establishment of an old-age pension and a partner pension, the pension scheme shall offer to the participant or former participant in respect to periods of construction from 1 January 2002, regardless of its marital status, the right in any event from the date on which the oldage pension goes into or may enter, instead of choosing a partner pension for one of the following changes to the old age pension:

    • a. A higher retirement pension;

    • b. A previous old-age pension; or

    • c. a higher and an earlier old-age pension.

  • 2 The first paragraph shall not apply to the claim of special partner pension of the former partner.

  • 3 If the pension agreement does not include a right to the option referred to in the first paragraph, the participant or former participant has the right to choose one of these options.

  • 4 The pension executive shall ensure that no distinction is made when using the right of choice between men and women by establishing a rate of barter or positive choice.

  • 5 The pension executive shall ensure that, when establishing an exchange rate or a positive check rate, the requirement of collective actuarial equivalence is satisfied, which implies that the collective actuarial value of the old age pension, Referred to in the first paragraph, chosen instead of the partner pension referred to in paragraph 1, irrespective of the date on which the choice is made, is at least equivalent to the collective actuarial value calculated on the same basis of that partner pension.

  • 6 The choice referred to in the first or third paragraph shall require the consent of the beneficiary partner for the partner pension referred to in the first paragraph.

  • 7 The fourth and fifth members are:

    • (a) in respect of benefit agreements and capital agreements applicable to pension claims built up as from 1 January 2002;

    • b. applying to premium agreements applicable to pension claims built up from 1 January 2005.

  • 8 Where, for the purposes of the first paragraph, pension claims are accrued as a result of a premium-free continuation of such pension claims, the first paragraph shall apply if the right to that contribution is to continue to apply arose on or after 1 January 2002.

  • 9 By way of derogation from the seventh paragraph, the fourth and fifth paragraphs may apply to pension claims accumulated before 1 January 2002 and 1 January 2005 respectively if this is agreed in the pension agreement.

  • 10 Any clause contrary to this Article shall be null and void.

  • 11 In the case of, or under general management, rules shall be laid down with regard to the first to fifth members.


Article 61. Right-to-choice old-age pension in partner pension

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  • 1 If a pension contract provides for an old-age pension, the participant or former participant has the right to choose, instead of a retirement pension or a part of the old age pension, for a partner pension, in each case:

    • a. at the termination of the investee; and

    • (b) as from the date on which the oldage pension starts or may enter into effect;

     Where the amount of the partner pension is not more than 70% of the old age pension following the rest period.

  • 2 If a pension contract provides for an old-age pension, the pension performer shall, upon termination of the holding and in the last year before the oldage pension, default by default the possibility, mentioned in the first Member, on.

  • 3 The pension executive shall ensure that no distinction is made in the use of the right of choice between men and women by establishing a rate of barter or positive selector.

  • 4 The pension executive shall ensure that when establishing an exchange rate or a positive check rate that the requirement of collective actuarial equivalence is satisfied, which implies that the collective actuarial value of the partner pension is to be determined in the first paragraph, which shall be chosen instead of the old age pension referred to in paragraph 1, irrespective of the date on which the choice is made, is at least equivalent to the collective actuarial value of the person calculated on the same basis of that old age pension.

  • 5 In the case of, or under general management, rules shall be laid down concerning the content of the option, the manner in which the option is offered and the collective actuarial equivalence referred to in the fourth paragraph.

  • 7 If the participant or former participant fails to respond within the period prescribed by the pension exporter to the choice of choice offered to him under the second paragraph in the last year before the retirement pension, the In the case of a pension scheme for the purpose of equipping the retirement pension in a partner pension, if:

    • a. the pension agreement does not provide for a right to a partner pension from the date on which the oldage pension goes into effect; and

    • b. The participant or former participant is married or has a registered partner relationship.

  • 8 The pension scheme shall determine the ratio between old-age and partner pension after being rested as referred to in the seventh paragraph.

  • 9 If the rest, referred to in the seventh paragraph, would result in an annual age pension being lower than the one on the basis of Article 66 certain amount shall be adjusted by adjusting the ratio between the old-age pension and the pension scheme as referred to in paragraph 8, so that the old age pension is more than that on the basis of the annual pension scheme. Article 66 Determined amount.

  • 10 If the pension agreement provides for a partner pension on a risk basis, the pension scheme may provide for the seventh paragraph, introductory wording and subparagraph (b) to apply mutatis mutandis when the participation is terminated. The eighth and ninth paragraphs shall apply.


Article 62. Selection options other forms of equipment

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  • 1 If the pension agreement provides the opportunity for the participant or former participant to:

    • a. instead of choosing a certain type of pension in whole or in part for a different kind of pension, than the pension, intended in the Articles 60 and 61 ;

    • (b) to delay or postpone the date of commencement of the retirement pension;

    • (c) to vary the amount of the old age pension; or

    • d. of a choice other than those specified in the preceding sections;

    ensure that the pension executor does not distinguish between men and women by establishing a rate of trade or building selector per choice of choice that meets the requirement of collective bargaining when the option is used. Actuarial equivalence.

  • 2 When an option referred to in paragraph 1 is used, consent shall be required of the partner who is the beneficiary of a partner pension if its height is reduced by the use of the option.

  • 3 The first paragraph shall be:

    • (a) in respect of benefit agreements and capital agreements applicable to pension claims built up as from 1 January 2002;

    • b. applying to premium agreements applicable to pension claims built up from 1 January 2005.

  • 4 Where, for the purpose of applying the first paragraph, pension claims are accrued as a result of a premium-free continuation of such claims, the first paragraph shall apply if the right to that contribution is to continue. arose on or after 1 January 2002.

  • 5 By way of derogation from paragraph 3, the first paragraph may apply to pension claims built up before 1 January 2002 and 1 January 2005 respectively if this is agreed in the pension agreement.

  • 6 In the case of, or under general management, rules shall be laid down in respect of the first paragraph.


Article 63. Variation Height Pension Benefit

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  • 1 The amount of a pension may vary from one entry point of view, provided that:

    • a. The lowest benefit does not exceed 75% of the highest benefit; and

    • b. The degree of variation shall be determined no later than the effective date of the pension.


Article 64. Prohibition of estrangement and possibility of proxy

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  • 1 Disposition or any other act, by which the person entitled to a person entitled to a pensioner or pensioner is entitled to his or her pension claims or pension rights to another is null and void, unless:

    • a. pledge is made for the provision of security for obtaining deferral of payment as intended in Article 25 (5) of the Invording Law 1990 ;

    • b. Alienation occurs on the basis of Article 57, fifth paragraph ;

    • c. Settlement takes place on the basis of the Pension Settlement Act for separation;

    • d. In the context of a settlement of pension rights in the event of a divorce, instead of the pensioner or his former partner, respectively, his partner is designated as a beneficiary for the whole or part of the pension; old-age pension, provided that the pension scheme agrees to it; or

    • e. in the context of a settlement of pension rights in the event of divorce, the value of the whole or part of the old age pension of the person entitled to the pensioner or pensioner shall be used in the same pension scheme for a pension retirement pension on the life of his former partner and his partner respectively, provided that the pension scheme agrees to the latter.

  • 2 A power of attorney to claim benefits under a pension right, under whatever form or name granted, is always revocable.


Article 65. Buyout

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  • 2 Any clause contrary to this Article shall be null and void.


Article 66. For sale, minor oldage pension on termination of participation

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  • 1 The pension executive shall have the right to purchase from a former participant at the earliest two years after the termination of the holding, if, on the basis of the entitlement to be acquired until the date of termination, he/she shall be entitled to purchase pension claims from a former participant. old-age pension will be less than € 465.94 per year, on an annual basis on a regular basis, unless:

    • a. This right of sale in the Retirement and Implementation Agreement is limited or excluded; or

    • b. The former participant has started a value transfer procedure within two years of the termination of the investee.

  • 2 If the regular starting date of the oldage pension lies before the expiry of the period of two years specified in paragraph 1, the pension exporter shall have the right to benefit from the commencement of the retirement pension. to purchase old-age pensions and any other claims for the benefit of the pensioner or his survivors, if the retirement pension on the effective date is less than € 465,94 per year.

  • 3 The person who wishes to make use of the right referred to in paragraph 1 shall inform the former Participant of its decision on this matter within six months of the end of the two-year period after the termination of the participation and on the date of the to the payment of the surrender value within that six-month period.

  • 4 The person who wishes to make use of the right referred to in paragraph 2 shall inform the pensioner of his decision on this matter within six months of the date on which the pension is taken up and the payment of the surrender value within a period of six months from the date on which the pensioner is to be paid. that period of six months.

  • 5 The pensioner shall make available to the former Participant or the pensioner the surrender value of the pension claims, with the exception of the surrender value of a special partner pension which is made available to the pension scheme. Former Partner.

  • 6 The pension exporter shall pay the benefit on the day of expiry of the claims or rights in connection with the purchase.

  • 7 The pension executor may purchase from the period of two years and six months after the period of 2 years referred to in the third paragraph if:

    • (a) the former participant or pensioner agrees; and

    • (b) the annual rate of the old age pension is lower than the limit referred to in paragraph 1 of that year by 1 January of that year.

  • 8 The amount referred to in paragraphs 1 and 2 shall be adjusted each time from 1 January on the basis of the Consumer Price Index All Households, as calculated by the Statistical Office of the European Communities. The change shall be determined by the percentage change which that index has undergone in October, prior to adjustment, in respect of the month of October of the preceding year. The amended amount shall be published by or on behalf of Our Minister in the Official Gazette.

  • 9 The pension executive shall ensure, with regard to periods of construction, from 1 January 2005, when determining the surrender value by establishing a purchasing rate that does not distinguish between men and women where the value of the contract is met to the requirement of collective actuarial equivalence.

  • 10 Any clause contrary to this Article shall be null and void.

  • 11 In the case of, or under general management, detailed rules may be laid down for determining the surrender value referred to in the sixth paragraph.

  • 12 If the pension exporter intends to purchase from or after the regular commencement date of the oldage pension by applying this Article, and the moment when the survivor's pension is intended to be purchased before or on the date on which the oldage pension on the basis of the pension is based on the date on which the pension is based. from 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 , shall apply mutatis mutandis.


Article 67. Buy small partner pension or orphan's pension at entrance

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  • 1 The pensioner shall have the right to purchase a right to a partner pension or an orphan's pension for the benefit of the survivors of the same participant, former participant or pensioner, if the benefit of the pension is to be paid by the person concerned. retirement or orphan's pension on an annual basis at the effective date less than the one based on Article 66 certain amount, unless this right of sale in the pension and execution contract is limited or excluded.

  • 2 The person who makes use of the right referred to in paragraph 1 shall inform the existing person within six months of the effective date and shall make payment of the surrender value to the existing one within that period.

  • 3 The pension performer may purchase the partner pension or orphan's pension after the period referred to in the second paragraph if:

    • a. The naexisting agrees to it; and

    • b. if the amount of the partner pension or orphan's pension is lower on an annual basis as of 1 January of that year than the amount of the partner's pension on an annual basis Article 66 Determined amount.


Article 68. Buy small special partner pension in case of divorce

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  • 1 The pension exporter has the right to purchase a special partner pension from the former partner, if the contribution of the partner pension on an annual basis to the effective date will be less than the date on which the pension is based. Article 66 certain amount, unless this right of sale in the pension and execution contract is limited or excluded.

  • 2 The person who makes use of the right referred to in paragraph 1 shall inform the former partner of the matter within six months of the date of the separation and shall make payment of the surrender value to the former Member State within that period. partner.

  • 3 The pension executor may buy off after the period referred to in paragraph 2 if:

    • (a) the former partner agrees; and

    • b. if the annual amount of the partner pension is lower on an annual basis as of 1 January of that year than it is based on Article 66 Determined amount.


Article 69. Buy-back of fiscal superpension

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  • 4 The surrender value shall be made available to the participant or former participant by the pension exporter, with the exception of the surrender value for a special partner pension made available to the former partner.

  • 5 The pension executive shall ensure the determination of the surrender value by establishing a purchasing rate that does not differentiate between men and women in respect of which the requirement of collective actuarial equivalence is met.

  • 6 In so far as it concerns the application of the first paragraph, the fifth paragraph relates to pension claims built up from 1 January 2007 and, in so far as it concerns the application of the second paragraph, the fifth paragraph relates to: pension entitlements accrued as from 1 January 2015, unless the pension agreement has agreed that the fifth member also relates to pension claims accrued before 1 January 2007 and 1 January 2015 respectively.

  • 8 Any clause contrary to this Article shall be null and void.

  • 9 In the case of, or under general management, rules may be laid down for the fixing of the surrender value.


Article 70. Understanding and scope of value transfer

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  • 2 By arrangement of Our Minister, institutions may be designated as to whom a pension performer has an obligation to transfer of value.


Article 71. Obligation to transfer a value upon request, participant in exchange of employer or admission to an occupational pension scheme

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  • 1 The holder of the pension shall be obliged to transfer the transfer value of his pension claims after a request by the former participant to transfer the value of the pension if:

    • a. there is an individual termination of the employment or individual termination of the investee; and

    • b. that value transfer is intended to enable the former Participant to acquire pension claims from the recipient pension exporter of the new employer or the occupational pension scheme;

     unless there is any of the in Articles 72 , 72a and 73 defined situations.

    Where the application of the former participant to value transfer is concerned, the transfer of value of this partner pension shall also require the partner who is the beneficiary to receive the transfer of value for the partner pension. If the request of the former participant in value transfer is net pension for the transfer of value of this net pension, it also requires the receiving pension operator to implement a system pension scheme.

  • 2 The receiving pension exporter is obliged to use the transfer value for the acquisition of pension claims for that participant, following a request for transfer of value from a participant.

  • 3 The obligation of the transferring pension exporter to transfer the value directly and the obligation of the receiving pension executor to use the value arises if the participant in question after the commencement of the acquisition of pension claims in the pension scheme carried out by the receiving pension scheme has asked for his pension claims to be made to the receiving pension exporter and thereafter the transfer request shall be made to the recipient pension exporter.

  • 4 The receiving pension executive shall ensure that the actuarial value of the pension claims to be acquired by the participant is at least equal to the value of the pension claims to be transferred on the same basis.

  • 5 The transferee and the receiving pension operator shall not charge any costs to the former participant in the context of the value transfer.

  • 6 Any clause contrary to this Article shall be null and void.

  • 7 In the case of, or under general management, rules are laid down in respect of the conditions and requirements to be set, the calculation of the transfer value, the value of the transfer value to be acquired Pension claims, as well as the procedures to be followed.


Article 71a. Exception to the obligation to transfer in relation to purchase

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The Article 71 The transfer of value does not apply if, after the transfer of value, the legislation of a State other than the Netherlands applicable to the occupational retirement provision is applicable to the transferred pension claims and the possibilities of purchase of the value of the transferred pension claims after the value transfer is more extensive than on the basis of this Act.


Article 72. Exception to the obligation to transfer in relation to financial position pension scheme or employer

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The Article 71 The obligation to transfer shall not be subject to the following:

  • a. The transferring or receiving pension fund executor is a pension fund where, in view of the policy coverage level, technical provisions are no longer fully covered by values;

  • (b) the transferor or receiving pension provider is an insurer:

  • (c) the transferee is an insurer and additional contributions from the employer are necessary, but the employer's financial situation is evidenced by a written statement of a non-employer's undertaking. associated register accountant or chartered accountant-administrative law that does not allow additional contributions.


Article 72a. Exception to the obligation to transfer in respect of cash payments

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  • 1 In the case of a general measure of administration, rules may be laid down on the temporary containment of the Article 71 'obligation to transfer' in connection with additional contributions from the old or new employer.

  • 2 The nomination for a general measure of directors to be adopted under paragraph 1 shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.


Article 73. Exception from duty to transfer of value in relation to date

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The Article 71 The obligation to transfer shall not be subject to any pension claims which are assigned to:

  • a. A pension fund, if the participation has ended before 8 July 1994;

  • (b) an insurer, if the service of the former participant has ended before 8 July 1994.


Article 74. Revival of the obligation to transfer the value through change of employer or admission to an occupational pension scheme

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  • 1 If the Article 72 mentioned circumstances no longer apply, revive the in Article 71 the obligations referred to by the transferee and the recipient of the transferee.

  • 2 An overbearing pension performer in the period in which the Article 72 the circumstances referred to in the relevant circumstances apply to him having received requests for value transfer, informs, when these circumstances are no longer applicable, all participants who have become a participant during that period and the person concerned transferability of beneficiaries of the possibility of transfer of value.

  • 3 A receiving pension exporter who is in the period in which the Article 72 the circumstances referred to above have been subject to the transfer requests, informs when those circumstances are no longer applicable, all participants who have made a request for the transfer of value during that period; and the transfer of value to the transferors concerned on the possibility of transferring value.


Article 75. Value transfer competence upon request participant in exchange of employer or admission to an occupational pension scheme

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  • 1 If in the in Article 71 the situation does not have a value transfer obligation because:

    • a. The participant has not complied with one in the general measure of governance on the basis of Article 71, seventh paragraph , provided that a statement may be requested within a period of time; or

    • b. refers to the Article 73 Referred to as

     The pension executor shall be responsible for the transfer of value if the value of the pension is satisfied. Article 71, first and fourth paragraphs , mentioned terms.

  • 2 If in the in Article 71 the situation does not have a value transfer obligation, because there is no individual termination, the pension executive shall be entitled to transfer the value if:

    • a. to be met by the Article 71, first paragraph, part b, second and third sentences, and fourth member , referred to above;

    • b. The transferee and the receiving pension execs to whom a group of former participants request the transfer of value are made shall have reported in writing to the supervisor; and

    • c. Within three months of the notification, the regulator has not imposed a transfer of value ban on one of the two pension holders.

  • 3 If the financing of the claims of the former participant in the transferring pension executor has not yet been completed in accordance with Article 55 the pension executor, despite its lower value and the resulting lower pension claims, may transfer the value of the pension if the former participant and his partner agree in writing, and provided that they do not is of the Article 72, part c , or the Article 73 That situation.

  • 4 If in the in Article 71 the situation does not have a duty to transfer the value of the asset, as it is the situation of Article 72a the said situation shall be the responsibility of the person responsible for the transfer of value if:


Article 76. Obligation to transfer value upon request participant in other pension agreement with the same employer

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  • 1 The holder of the pension shall be obliged to transfer the transfer value of his pension claims after a request by the former participant to transfer the value of the pension if:

    • (a) an individual termination of participation in a new or continuing employment relationship with the same employer; and

    • b. that value transfer is intended to enable the former participant to acquire pension claims from the recipient pension exporter;

     unless the transferring and receiving pension executor is not identical and refers to the Article 72 defined situations.

    Where the application of the former participant to value transfer is concerned, the transfer of value of this partner pension shall also require the partner who is the beneficiary to receive the transfer of value for the partner pension.

  • 2 The receiving pension exporter is obliged to use the transfer value for the acquisition of pension claims for that participant, following a request for transfer of value from a participant.

  • 3 The obligation of the transferring pension exporter to transfer the value directly and the obligation of the receiving pension executor to apply to the value arises if the participant is within six months of the start of the acquisition of pension claims in the pension scheme implemented by the recipient pension scheme has requested a statement of his pension claims to the receiving pension exporter and thereafter the transfer claim makes a claim to the receiving pension scheme Pension executor.

  • 4 The transfer value shall be determined by the transferring pension exporter in such a way that the pension rights to be acquired for men and women are equal to the requirement of collective actuarial equivalence on the basis of the same Basic principles are met.

  • 5 The fourth paragraph shall be:

    • (a) in respect of benefit agreements applicable to pension claims which have been or are accrued as from 1 January 2002;

    • b. with regard to premium agreements and capital agreements applicable to pension claims which have been or are accrued as from 1 January 2005.

  • 6 By way of derogation from the fifth paragraph, the fourth paragraph may apply to pension claims built up before 1 January 2002 and 1 January 2005 respectively if this is agreed in the pension agreement.

  • 7 The transferee and the receiving pension operator shall not charge any costs to the former participant in the context of the value transfer.

  • 8 Any clause contrary to this Article shall be null and void.

  • 9 In the case of, or under general management, rules may be laid down regarding the calculation of the transfer value, the value of the pension claims to be acquired from the transfer value, as well as the procedures to be followed.


Article 77. Revival of the obligation to transfer value in respect of other pension agreements with the same employer

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If in the Article 76 The situation referred to in Article 72 the circumstances mentioned are no longer applicable, the obligation to transfer in accordance with Article 74 .


Article 78. Value transfer competence on request participant in other pension agreement with the same employer

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  • 1 If in the in Article 76 the situation does not have a value transfer obligation because the participant has not complied with the Article 76, third paragraph The obligation to issue a declaration within six months is the responsibility of the person responsible for the transfer of the value of the pension if the person concerned is satisfied that the transfer of the pension is granted to the Article 76, first and fourth paragraphs It's a set of conditions

  • 2 If in the in Article 76 the situation does not have a value transfer obligation because there is no individual termination, the pension executive shall be entitled to transfer the value if:

    • a. to be met by the Article 76, first paragraph, part b and second sentence, and fourth member , referred to above;

    • b. The transferee and the receiving pension holders to whom a group of former participants request the transfer of value are not identical are what they have reported in writing to the supervisor; and

    • c. Within three months of the notification, the regulator has not imposed a transfer of value ban on one of the two pension holders.


Article 78a. Value transfer jurisdiction at the request of former participant in other pension scheme former employer

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The holder of the pension shall be entitled to transfer the transfer value of his pension claims after a request by the former participant to transfer the value of the pension if:


Article 79. Obligation to value by choice of option or option

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  • 1 The holder of the pension is obliged to use the right of choice in accordance with the right of option, at the request of the participant or former participant, to use the value of his pension claims in accordance with the rules of procedure. Articles 60 and 61 or the options according to Article 62 .

  • 2 The pension performer shall not charge any costs to the participant or former participant in the context of the transfer of value.


Article 80. Value transfer competence for pension funds on retirement date under the pension agreement

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  • 1 A pension fund is empowered to claim, at the request of the participant, former Participant or other entitled, the value of his pension claims arising from a capital agreement or a premium agreement that provides for the benefit of a capital to be used on the retirement date, by transferring directly to another pension executor, by the retirement date, if:

    • (a) provides for the pension agreement;

    • b. the transfer value is determined by the transferring pension fund in such a way that the pension rights to be acquired for men and women are equal to the requirement of collective actuarial equivalence on the basis of the same foundations are fulfilled; and

    • If the receiving pension fund is a pension fund, the participant, former participant or other person entitled to the pension already has pension claims vis-a-vis that pension fund.

    If the request of the participant or former participant to value transfer is concerned, the value transfer of this partner pension shall also require the partner to be the beneficiary of the partner pension with the value transfer. agrees.

  • 2 The first paragraph, subparagraph (b), shall apply to pension claims built up from 1 January 2005.

  • 3 Where, for the purposes of the first paragraph, pension claims are accrued as a result of a non-contributory continuation of such claims, paragraph 1 (b) shall apply if the right to that premium is to be granted free of payment of such claims. the continuation arose on or after 1 January 2002.

  • 4 By way of derogation from the second paragraph, the conditions set out in paragraph 1 (b) may apply to pension claims built up before 1 January 2005, if agreed in the pensions agreement.

  • 5 Any clause contrary to this Article shall be null and void.

  • 6 In the case of, or under general management, detailed rules may be laid down for the determination of the transfer value.


Article 81. Obligation to transfer value for insurers on retirement date

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  • 1 The insurer is required to make, at the request of the participant, former participant or other party entitled to the value of his pension claims arising out of a capital agreement or a premium agreement that provides for the benefit of a capital to be used, at the date of retirement, by transferring directly to another pension executor, by the retirement date, if:

    • a. the transfer value is determined by the transferring insurer in such a way that the pension rights to be acquired for men and women are equal to the requirement of collective actuarial equivalence on the basis of the same foundations are fulfilled; and

    • (b) if the receiving pension scheme is a pension fund, the participant, former participant or other person entitled to the pension already has pension claims vis-a-vis that pension fund.

    If the request of the participant or former participant to value transfer is concerned, the value transfer of this partner pension shall also require the partner to be the beneficiary of the partner pension with the value transfer. agrees.

  • 2 The first paragraph, part (a), shall apply to pension claims built up from 1 January 2005.

  • 3 Where, for the purposes of the first paragraph, pension claims are accrued as a result of a premium-free continuation of such claims, paragraph 1 (a) of that paragraph shall apply where the right to that premium is to be granted free of benefit. the continuation arose on or after 1 January 2002.

  • 4 By way of derogation from the second paragraph, the conditions set out in paragraph 1 (a) may apply to pension claims built up before 1 January 2005, if this is agreed in the pension agreement.

  • 5 Any clause contrary to this Article shall be null and void.

  • 6 In the case of, or under general management, detailed rules may be laid down for the determination of the transfer value.


Article 81a. Liability to value transfer for contributory pension institutions on the date of conversion into retirement benefit or pension date

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  • 1 The premium pension institution is required to transfer the value of the pension claims of the participant, former participant or other entitled to the date of conversion of the claims into a pension benefit directly to a by- the contribution pension institution to be referred to the insurer.

  • 2 By way of derogation from the first paragraph, the premium pension institution shall, at the request of the participant, be a member of the participant or a participant or other entitled to transfer the value of his pension claims directly to a person who is a member of the pension institution. Pension executor designated by the Participant, former Participant or any other person entitled to a voice. The following conditions shall apply:

    • a. if the pension fund executor designated by the participant, a member of the participant or other person appointed to the participant is a pension fund, the participant, former participant or other person entitled to the pension fund already has pension claims vis--vis that pension fund; and

    • b. The receiving pension executor uses the same method as the contributory pension institution to comply with the requirement of equal treatment for men and women.

    If the request of the participant or former participant in the transfer of value, the value transfer of this partner pension is also required, that the partner who is the beneficiary for the partner pension with the transfer of value is required agrees.

  • 3 The transfer value is determined by the contributory pension institution in such a way that the pension rights to be acquired for men and women are equal to the requirement of collective actuarial equivalence on the basis of the same Basic principles are met.

  • 4 The third paragraph shall apply to pension claims built up from 1 January 2005.

  • 5 In so far as pension claims are accrued as a result of a premium-free continuation of such claims, the third paragraph shall apply where the right to that premium free continuation arose on or after 1 January 2002.

  • 6 By way of derogation from paragraph 4, the conditions set out in paragraph 3 may apply to pension claims built up before 1 January 2005, if agreed in the pensions agreement.

  • 7 Any clause contrary to this Article shall be null and void.

  • 8 In the case of, or under general management, detailed rules may be laid down for the determination of the transfer value.


Article 81b. Power to transfer value for interim conversion into pension benefit

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  • 1 Without prejudice to: Articles 80 , 81 and 81a The pension executive shall be empowered to claim, at the request of the participant, former participant or other party to whom he is entitled, the value of his pension claims arising from a capital agreement or a premium contract at the date of conversion. directly transfer claims in a pension benefit to another pension executor if:

    • (a) provides for the pension agreement;

    • (b) transfer value to be determined by the transferring pension exporter in such a way that the pension rights to be acquired for men and women are equal to the requirement of collective actuarial equivalence on the basis of the same foundations are fulfilled; and

    • If the receiving pension fund is a pension fund, the participant, former participant or other party has already had claims to this pension fund.

    If the request of the participant or former participant to value transfer is concerned, the value transfer of this partner pension shall also require the partner to be the beneficiary of the partner pension with the value transfer. agrees.


Article 82. Transfer of pension funds from pension date

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  • 1 In the case of transfer of pension funds to the pension date for the purchase of a periodic pension benefit, the transferee shall transfer the pension funds from:

    • a. To the recipient of the pension at the retirement date designated by the participant or former participant, or within eight weeks of the request of the participant or former Participant to that effect if that request is less than eight weeks prior to the date of application Pension date has been incurred;

    • b. Within eight weeks of the request of the person entitled to speak by the person entitled to speak, other than the participant or former member of the party, to the effect that the person entitled to a person entitled to a person who is entitled to speak has been appointed

  • 2 The transferring pension executor is obliged to pay compensation for the damage suffered by the participant, former member of the participant or other person entitled to the pension, as a result of the non-timely transfer attributable to that pension; the damage is At least equal to the statutory interest on the pension capital to be transferred.


Article 83. Competence to transfer collective value upon request of the employer

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  • 1 The employer shall, at the employer's request, be responsible for collective transfer of value if:

    • a. The value transfer is intended to cover the termination of the contract of execution between the employer and the transferring pension exporter to the recipient pension exporter with whom the employer is a beneficiary of the transfer. has concluded an implementation agreement;

    • b. The employer is taken over as a result of a transfer from a company as intended in Article 662 of Book 7 of the Civil Code , and the acquiring undertaking has concluded or is entering into an implementing contract with another pension exporter or the same pension exporter;

    • (c) the transfer of value to a collective change in the pension agreements is intended to bring the value of pension claims or pension rights to the same pension executive in accordance with that change. Pension agreements; or

    • d. the value transfer aims to bring the value below to another collection circle at the same general pension fund.

  • 2 In the case of a collective value transfer as referred to in paragraph 1, the following conditions shall be fulfilled:

    • (a) participants, former participants, former partners or beneficiaries have no objections to the pension execution made against the value transfer after they have been informed of the intention in writing;

    • The transfer value shall be determined by the transferring pension exporter in such a way that the pension rights to be acquired for men and women are equal to the requirement of collective actuarial equivalence on the basis of the same foundations are fulfilled; and

    • c. the transfer of value to a pension performer is notified in writing to the supervisor and the supervisor by the transferring pension exporter no later than three months before the intended date of value transfer. that period does not impose a prohibition on value transfer.

  • 3 The second paragraph, part b, shall apply in respect of:

    • a. benefit agreements applicable to pension claims built up as from 1 January 2002;

    • b. Premium agreements and capital agreements shall apply to pension claims built up from 1 January 2005.

  • 4 To pension claims built up for the dates mentioned in paragraph 3, the requirement of individual actuarial equivalence is intended to be Article 71, fourth paragraph , applicable, unless it is agreed in the Pension Agreement that the conditions referred to in paragraph 2 (b) apply.

  • 5 Where, for the purpose of application of the first paragraph, pension claims accrued as a result of a non-contributory entitlement to those pension claims, part b of the second paragraph shall apply if the right to that pension is to be (b) Premium-free continuation arose on or after 1 January 2002.

  • 6 Any clause contrary to this Article shall be null and void.

  • 7 In the case of, or under general management, rules may be laid down for determining the transfer value and on a collective transfer of value in the situation where the employer ceased to exist.


Article 84. Obligation of collective value transfer in the event of the winding-up of the pension exporter

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  • 1 The transferor is obliged to transfer the value of the pension to another pension exporter in the event of the liquidation of the former pension exporter. The general pension fund is required to transfer value to another pension executor or another collectivity group at the end of a collectiventive circle.

  • 2 In the case of a value transfer as referred to in paragraph 1, the following conditions shall apply:

    • a. The plan to transfer value to a pension performer shall be notified to the supervisor and supervisor in writing by the transferring pension exporter no later than three months before the intended transfer date; that period does not impose a prohibition on value transfer;

    • The transfer value shall be determined in such a way as to ensure that the pension rights to be acquired for men and women are equal, with the requirement of collective actuarial equivalence on the basis of the same person as the transferee, Basic principles are met.

  • 3 The second paragraph, part b, shall apply in respect of:

    • a. benefit agreements applicable to pension claims built up as from 1 January 2002;

    • b. Premium agreements and capital agreements shall apply to pension claims built up from 1 January 2005.

  • 4 To pension claims built up for the dates mentioned in paragraph 3, the requirement of individual actuarial equivalence is intended to be Article 71, fourth paragraph , applicable unless it is agreed in the Pension Agreement that the conditions referred to in paragraph 2 (b) apply.

  • 5 Where, for the purpose of application of the first paragraph, pension claims accrued as a result of a non-contributory entitlement to those pension claims, part b of the second paragraph shall apply if the right to that pension is to be (b) Premium-free continuation arose on or after 1 January 2002.

  • 6 Any clause contrary to this Article shall be null and void.

  • 7 In the case of, or under general management, rules may be laid down for the determination of the transfer value.


Article 85. Obligation to transfer value to a pension institution from another Member State or insurer with registered office outside the Netherlands on request

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  • 1 The pension exporter is obliged to transfer the transfer value of his pension claims to a pension institution from another Member State or to an insurer having a registered office, following a request by the former participant to transfer the value of his pension. outside the Netherlands as referred to in Article 23, first paragraph , if the Article 71 specified terms and conditions, it being understood that:

    • a. the Article 72 shall not apply to the receiving pension exporter; and provided that:

    • b. the possibilities for the purchase of the value of the transferred pension claims after the value transfer are not wider than on the basis of this Act.

  • 3 The transferee does not charge any costs to the former participant in the context of the transfer of value.


Article 86. Obligation to transfer value to one of the European Communities or designated institution

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  • 1 The pension exporter is obliged to transfer the transfer value of his pension claims to one of the European Communities or to any of the European Communities following a request by the former participant to transfer the value of the pension. Article 70, second paragraph , institution designated by our Minister, if:

    • (a) termination of employment or termination of participation;

    • b. that value transfer is intended to enable the former Participant to acquire pension claims from one of the European Communities or to the designated institution; and

    • (c) the value is transferred directly to the European Community or to the designated institution.

    Where the application of the former participant to value transfer is concerned, the transfer of value of this partner pension shall also require the partner who is the beneficiary to receive the transfer of value for the partner pension.

  • 2 The transferee does not charge any costs to the former participant in the context of the transfer of value.

  • 3 On the basis of Article 71, seventh paragraph , rules laid down in or pursuant to general rules of administration with regard to the calculation of the transfer value shall apply mutatis mutandis.


Article 87. Privilege to transfer value to another institution

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  • 1 The person who receives a transfer request from a former participant seeking to transfer the value to a foreign institution shall report it to the supervisory authority.

  • 2. Value transfer to a foreign institution is only possible when it is demonstrated to the satisfaction of the supervisor that:

    • a. shall be fulfilled at the time of Article 71, first paragraph , referred to above;

    • b. the in Article 72 the circumstances referred to in the transferee do not apply to the transferring pension scheme;

    • (c) the foreign institution implements the pension scheme of the new employer;

    • d. the foreign institution in the country of establishment is subject to a form of government supervision;

    • e. the faculties of the institution and the employer are legally separated by the existence of a separate legal entity of the institution, by a special preferential scheme to the benefit of persons entitled to pension or otherwise; and

    • f. the possibilities for the sale of the transferred pension claims after the value transfer are not wider than on the basis of this law.


Article 88. The transfer of value to a pension institution from another Member State or insurer having a registered office outside the Netherlands, on request, a participant in the event of a change of employer or an admission to an occupational pension scheme

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At the request of the former participant, the employer has the power to transfer the value of his pension claims to a pension institution from another Member State or to an insurer having a registered office outside the Netherlands, as referred to in Article 4 (2). Article 23, first paragraph , if the in Article 75 terms and conditions.


Article 89. The transfer of value to a pension institution from another Member State or an insurer with a registered office outside the Netherlands on the basis of the pension agreement reached on the basis of the pension

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The pension executive shall be empowered to claim, at the request of the participant, former Participant or any other person entitled to speak, the value of his pension claims arising from a capital agreement or a premium agreement per the pension date. to transfer directly to a pension institution from another Member State or to an insurer having a registered office outside the Netherlands, as referred to in Article 23, first paragraph , if the in Article 80 terms and conditions.


Article 90. Collective value transfer to pension institution from another Member State or insurer with a seat outside the Netherlands

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  • 1 The pension executor is empowered to transfer collective value transfer in accordance with the employer's request Article 83 if the employer has entered into an implementing contract with a pension institution from another Member State or an insurer having a registered office outside the Netherlands, as referred to in Article 23, first paragraph .

  • 2 To the in Article 84 -a transfer of value in the event of liquidation may also be fulfilled by transfer of value to a pension institution from another Member State or from an insurer having a registered office outside the Netherlands, as referred to in point Article 23, first paragraph , instead of a 401 (b).


Article 91. Obligation to cooperate with contribution of value

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  • 1 If a pension exporter is granted a pension institution value from another Member State or an insurer having a registered office outside the Netherlands in connection with a pension contract, in the context of value transfer, on which this law does not apply until the transfer of value, the pension executive shall be required to act as a receiving pension exporter for that purpose, provided that:

    • a. The purpose of that transfer of value is to enable the requesting worker to obtain pension claims from the recipient pension scheme;

    • b. on the pension executor the Article 72 specified circumstances do not apply; and

    • (c) no conditions relating to the transfer of value which are contrary to this law shall be imposed on the pension exporter.

    Where the value transfer request is concerned, the transfer of value of this partner pension shall also require the partner who is the beneficiary to receive the transfer of value for the partner pension.

  • 2 The receiving pension executor shall not charge the participant for the purposes of the transfer of value.


Article 92. Competence to cooperate in the contribution of value

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If a pension executor gets the request to assume, under value transfer, a foreign institution ' s value related to a pension agreement on which this law does not belong to the time of value transfer. The beneficiary shall be empowered to act as a receiving pension exporter for that purpose, provided that:

  • a. The purpose of that transfer of value is to enable the requesting worker to obtain pension claims from the recipient pension scheme;

  • b. on the pension executor the Article 72 specified circumstances do not apply; and

  • (c) no conditions relating to the transfer of value which are contrary to this law shall be imposed on the pension exporter.

Where the value transfer request is concerned, the transfer of value of this partner pension shall also require the partner who is the beneficiary to receive the transfer of value for the partner pension.


§ 4.4. Rights of the pension exporter in the context of implementation

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Article 93. Information from the basic registration persons

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Information from the basic registration persons and information and extracts from the records of civil status, which the pension executor needs in order to carry out his task, shall be free of duty.


Article 94. Citizen Service Number

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  • 1 The civil service number may be used by the pension performer in the processing of personal data.

  • 2 The pension performer shall use this civil service number only:

    • (a) in traffic with the person to whom the number relates; or

    • b. In liaison with persons and bodies in so far as they are competent to make use of the civil service number when processing personal data.


§ 4.5. Other provisions

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Article 95. Conditional payment

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  • 1 In case of conditional payment by an insurer, there should be a consistent whole between the expectations generated, the financing and the realization of conditional surcharges.

  • 2 In the case of the regulation of our Minister, the consistency, as referred to in paragraph 1, shall be implemented.

  • 3 A surcharge is conditional only if in the pension agreement, the execution agreement, the pension regulation, the declarations under the Articles 21 , From 38 to 46a and the other provision of information by the person responsible for the pension is included in a condition declaration.

  • 4 The rules of our Minister may lay down rules on the content of the declaration of conditionality.


Article 96. Information in administrative report on periodic penalty payments and administrative fines

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A pension performer shall indicate in its administrative report, or in the last financial year:

  • a. Periodic penalty payments and administrative penalties have been imposed and, if so, the total amount of these fines;

  • b. a designation as intended Article 171 has been given to the pension exporter;

  • c. a trustee as referred to in Article 173 has been appointed;

  • d. a recovery plan as referred to in Article 138 or Article 139 is applicable;

  • e. the termination of the situation, specified in Article 172 , in which the exercise of the competence of all or certain of the organs of a pension fund is subject to the consent of the supervisor.


Article 97. Participation during secondment

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  • 1 A posted worker may continue to participate in the pension scheme during the secondment.

  • 2 Where payment of contributions is continued in another Member State during secondment in the Netherlands, the employee seconded to the Netherlands and his employer shall be exempted from the obligation to pay contributions in the Netherlands.

  • 3 The first and second paragraphs shall apply to secondments which have been caught on or after 25 July 2001.


Article 98. Death due to an excluded cause

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If a participant, former participant or pensioner is a source of a risk excluded and involved a partner pension on a basis of a constructive basis, the pension executor shall pay to the partner a periodic payment of "Partner pension" based on the premium-free value calculated to the day preceding the death.


Article 98a. Implementation of external pension scheme

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Dutch social and labour law does not apply to the extent that a pension scheme executor implements a pension scheme which is governed by the rules applicable to the occupational retirement provision of a State other than the Netherlands.

Chapter 5. General provisions relating to pension funds

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§ 5.1. Pension funds general

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Article 99. Pension fund management

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A pension fund has a parity, an independent or a mixed management system. If a pension fund has a mixed management, then this is a joint management, an independent mixed management, or an inverted mixed management system.


Article 100. Membership of the Executive Board

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  • 1 In the joint management of a company pension fund, the parties concerned are represented in a manner which is as balanced as possible, subject to the agreement of the representatives of the employees ' associations in the industry, or (i) the number of seats held jointly by representatives of employers ' associations in the industry or industry concerned, together with the representatives of pensioners.

    Representatives of pension beneficiaries, if necessary by derogation from Article 102, first paragraph , not more than 25% of the number of seats occupied together by representatives of employers 'associations, representatives of employees' associations and representatives of pensioners.

  • 2 In the joint management of an enterprise pension fund, the parties concerned shall be represented in a manner which is as balanced as possible, on the understanding that the employees ' representatives and the representatives of pension beneficiaries shall, together with the occupy at least the same number of seats as the employers ' representatives

    Representatives of pension beneficiaries, if necessary by derogation from Article 102, first paragraph , no more than 25% or, where the situation referred to in Article 102 (2) is concerned, 50% of the number of seats occupied together by workers 'representatives, employers' representatives and representatives of persons entitled to pensions.

  • 3 In the joint management of a general pension fund, the first member shall be applied mutatis mutandis to the extent that the general pension fund carries out a pension scheme for one or more industries or parts of an industry; of corresponding application to the extent that the general pension fund carries out a pension scheme for an undertaking or a group and is Article 109 of the compulsory occupational pension scheme Act of corresponding application, to the extent that the general pension fund carries out an occupational pension scheme as referred to in Article 1 of that Act .

  • 4 If the Statutes of a pension fund provide for voting representatives in the joint administration of others other than employees 'associations or employees, employers' associations or the employer or the pensioner, they shall be provided by the Representatives for the application of the first, second and third members, with representatives of pension beneficiaries.

  • 5 The second to fourth paragraphs shall not apply to the extent that an undertaking or a group to which the enterprise pension fund was linked has ceased to exist.

  • 6 To the joint management of a pension fund, up to two drivers who are not directly representatives of the pension fund may be added. The fourth paragraph shall not apply to such directors.

  • 7 The board shall draw up a profile outline for members of the board. The Steering Board may reject a candidate driver if it does not comply with the profile outline.


Article 101. Composition of independent governance

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  • 1 The independent management of a pension fund shall consist of at least two directors. The directors are not directly representatives of the stakeholders of the pension fund.

  • 2 The board shall draw up a profile outline for members of the board. The Steering Board may reject a candidate driver if it does not comply with the profile outline.


Article 101a. Composition and division of tasks mixed governance

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  • 1 The mixed management of a pension fund is made up of executive directors and not executive directors.

  • 2 For the composition, distribution and appointment of executive directors to joint joint management, the Articles 100 and 102 applicable mutatis mutandis. The composition of executive directors in an independent mixed management system is Article 101 applicable mutatis mutandis.

  • 3 The mixed management system has at least three natural persons as non-executive directors. The non-executive directors are not direct representatives of the stakeholders of the pension fund.

  • 4 The statutes of a pension fund with a mixed management system shall stipulate that the administrative tasks shall be distributed among non-executive directors and executive directors. Article 104, second paragraph , shall apply mutatis mutandis to the tasks of the non-executive directors. The task of monitoring the performance of drivers by drivers cannot be taken from non-executive directors by a division of tasks. The chairmanship of management, nominations for the appointment of a driver and the setting of the remuneration of executive directors may not be assigned to an executive director.

  • 5 The executive directors are not participating in decision-making on the setting of the remuneration of executive directors.

  • 6 By or under the Statute, provision may be made for one or more governors to be able to take legal decisions on matters falling within their respective tasks. Provision under the statutes shall be made in writing.

  • 7 By way of derogation from the second and third paragraphs, an inverted mixed management may be formed, which shall include the composition of the executive directors Article 101 apply mutatis mutandis and where, for the purposes of composition, distribution and appointment of non-executive directors, the Articles 100 and 102 apply mutatis mutandis.

  • 8 An inverted mixed management board has an independent chairman who is not a representative of the stakeholders at the pension fund.

  • 9 By or under general management measure, further rules may be set about the powers of the independent chairman referred to in the eighth paragraph, the composition of an inverted mixed governance and on the division of tasks in and organisation of this administration.


Article 102. Seat distribution and appointment of pensioners and employees in joint administration

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  • 1 The distribution of the seats of representatives of workers 'associations or of workers' representatives and representatives of pensioners in the joint administration of a pension fund shall take place on the basis of the mutual recognition of the ratios, with the exception that the representatives of pensioners occupy a maximum of half the number of seats in the joint management of a pension fund that representatives of employees ' associations or representatives of employees and representatives of pension beneficiaries together occupied. A derogation from that allocation may be granted if the parties concerned agree to that allocation.

  • 2 In the joint management of an enterprise pension fund, by way of derogation from the first paragraph, representatives of pensioners may occupy more seats than workers ' representatives, if the number of participants is less than 10% of the sum of the number of participants and pension beneficiaries.

  • 3 The appointment of the employees ' representatives to the joint management of an enterprise pension fund shall take place:

    • (a) after the election of the representatives by the participants;

    • b. on a proposal from the representatives of the participants in the responsibility body, Article 115 ;

    • c. on a proposal from the Works Council; or

    • d. in any other way, provided that the Works Council has agreed to this nomination procedure.

  • 4 The appointment of the representatives of pensioners to the joint management of a pension fund shall take place:

    • (a) after the election of the representatives by the pension beneficiaries; or

    • (b) on a proposal from the representatives of the pension beneficiaries in the body of responsibility, Article 115 , provided that these representatives have been appointed after election.

  • 5 The second and third paragraphs shall apply mutatis mutandis to the extent that a general pension fund with a joint administration carries out a pension scheme for an undertaking or a group.


Article 102a. Objectives and principles

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  • 1 The management of a pension fund shall, in consultation with the other institutions of the pension fund, ensure the commitment of the objectives and policy objectives, including the risk attitude, of the pension fund. The bodies of the pension fund shall use these objectives and principles for the examination of the acceptance of the agreement between the representatives of employers 'or employers' associations and employees 'or employees' associations pension schemes, and in decision making, accountability, advisory, and supervision within the pension fund.

  • 2 The management of a pension fund shall seek to obtain from the representatives referred to in paragraph 1 as much clarity as possible on the objectives, the level of ambition of the provision and the risk assessment, which shall be based on the principle of the are on the pension schemes which give the representatives as a mandate in implementation to the pension fund.

  • 3 The management of a pension fund shall ensure the formal acceptance of the pension schemes entrusted to the pension fund by the representatives referred to in the first paragraph. The Steering Board shall, at the time of its acceptance of the pension fund as a whole and for the relevant policy areas, review the objectives and principles referred to in the first paragraph.

  • 4 In the case of, or under general management, rules may be laid down in respect of the first paragraph.


Article 103. Internal supervision pension funds

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  • 1 The internal supervision of a corporate pension fund with a joint or independent management system shall be exercised by a supervisory board, unless the company pension fund is fully insured with an insurer. In this case, the internal supervision may also be exercised by annual visitation by a visitation commission.

  • 2 The internal supervision of an enterprise pension fund with a joint or independent management shall be exercised by a supervisory board or annual visitation by a visitation commission.

  • 3 The internal supervision of a general pension fund with a joint or independent board shall be exercised by a supervisory board.

  • 4 The internal supervision of a pension fund with a mixed governance is exercised by the non-executive directors.


Article 104. Composition and duties Board of Monitoring and Monitoring Committee

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  • The Supervisory Board or the Board of Visits shall consist of at least three natural persons. The members of the Supervisory Board or the Committee on the Visitation Board shall be independent and shall be reflected in the monitoring.

  • 2 The supervisory board shall have the task of monitoring the policy of management and the general approach of the pension fund. The Supervisory Board shall be at least responsible for ensuring adequate risk management and balance of interests by the Steering Board and shall be accountable to the implementation of the tasks and exercise of the powers conferred on it. the body responsible and the employer, the stakeholder body and in the management report. The Supervisory Board shall be on board with the Board on the side. Article 9 of Book 2 of the Civil Code shall apply mutatis mutandis to the members of the Supervisory Board.

  • 3 To the approval of the Supervisory Board, the decisions of the Steering Board shall be subject to the adoption of:

    • (a) the administrative report and the annual accounts;

    • b. The profile outline for drivers;

    • c. The policy on rewards, with the exception of the remuneration of the Supervisory Board;

    • d. whole or partial transfer of pension fund obligations or the acquisition of liabilities by the pension fund;

    • e. liquidation, merger or division of the pension fund;

    • f. the policy of entering into and terminating execution agreements by a general pension fund; and

    • g. the conversion of the pension fund into any other legal form referred to in Article 18 of Book 2 of the Civil Code .

  • 4 The statutes provide for a settlement of disputes concerning the approval of decisions by the Supervisory Board. The lack of approval by the Supervisory Board of a decision referred to in the third paragraph shall not affect the powers of representation of the board or directors.

  • 5 The supervisory board shall report the functioning of the Steering Board to the responsible body, the stakeholder body and the party responsible for the appointment of the Steering Board. If the party empowered to appoint the board does not act within a reasonable time, to the satisfaction of the supervisory board, the supervisory board shall report the disfunctions of the board to the supervisory board. Nederlandsche Bank N.V.

  • 6 The Supervisory Board shall draw up a profile outline for members of the Supervisory Board.

  • 7 The management of the Pension Fund and the Supervisory Board shall meet at least twice a calendar year in meeting.

  • 8 The Committee on Visits has the task of monitoring the policy of management and the general practice of the pension fund. The Board of Visits shall be at least responsible for ensuring adequate risk management and balance of interests by the Steering Board and shall be accountable to the performance of the tasks to the body responsible for responsibility and the employer, stakeholder body and in the management report.

  • 9 The pension fund shall, upon request, submit to the Supervisory Board or to the Board of Directors all information and information in good time, which it reasonably requires for the performance of its task. The information shall be provided in writing on request.

  • 10 In the case of, or under general management, detailed rules may be laid down in respect of this Article which, inter alia, concerns the powers of the supervisory board in respect of appointment and dismissal of directors.


Article 105. Policy requirements

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  • 1 At least two natural persons determine the daily policy of a pension fund.

  • 2 The persons who determine or determine the policies of a pension fund are committed to the interests of the participants involved in the pension fund, former participants, other persons entitled to speak, the members of the pension fund. beneficiaries and the employer and ensure that they can be represented by them in a balanced manner.

  • 3 Every driver of a pension fund shall be entitled to consult an expert, or be subject to a decision by a management decision, with at least one-fourth of the directors having spoken before it, to be held by an expert to meet his/her to assist.


Article 106. Suitability and reliability

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  • 1 The policy of a pension fund shall be determined or co-determined by persons who are suitable for the exercise of the pension fund's holding.

  • 2 The internal supervision of a pension fund by a fisheries committee shall be exercised by persons suitable for the exercise of such supervision.

  • 3 The policy of a pension fund is defined, or partly determined by persons whose reliability is beyond doubt. The internal supervision of a pension fund by a fishing agency shall be exercised by persons whose reliability is beyond doubt.

  • 4 The management of the pension fund shall report any change in the composition of the persons determining the policy of the pension fund or co-determination with the supervisor.

  • 5 A change as referred to in paragraph 4 shall not be implemented if:

    • a. Within six weeks of receipt of the notification of the change to the pension fund, the supervisor shall disclose to the pension fund that it does not agree to the proposed amendment; or

    • (b) the supervisor requested further information or information and disclosed to the pension fund within six weeks of receipt of such information or information that it does not agree to the proposed amendment.

  • 6 If there is an alteration of the antecedents affecting the reliability of the persons determining or co-determination of the pension fund policy, the pension fund shall without delay inform the supervisor in writing. knowledge.

  • 7 The reliability of a person is beyond doubt once it has been established by the regulator for the purposes of this Act, so long as not a change in the relevant facts or circumstances gives a reasonable trigger to a new assessment.

  • 8 In the case of, or under general management, detailed rules shall be laid down in respect of this Article. Those rules cover, inter alia, the offences which, if committed by a person referred to in the third paragraph, in order to protect the interests which the law seeks to protect, lead to the finding that the reliability of that person is not No doubt.


Article 106a. Time span

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Directors and members of the supervisory board of a pension fund shall have sufficient time available to perform their duties properly. Detailed rules shall be laid down by a general measure of management. The Articles 132a , 142a , 242a , 252a , 297a and 297b of Book 2 of the Civil Code are not applicable.


Article 107. Diversity

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The management report of a pension fund shall report on the composition by age and sex of the responsibility body, stakeholder body and management, and on the efforts made to achieve diversity in the organs of the institution. from the pension fund.


Article 108. Protection of members pension fund management, responsibility body and stakeholder body

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  • 1 The employer shall ensure that the workers who are or have been standing on a list of candidates for the responsible or stakeholder body, as well as members and former members of the pension fund management, are responsible for the not by virtue of their candidate status as a candidate for membership of the pension fund management, the body responsible for membership of the pension fund, the body responsible for membership or the interested party's body in their position as an employee.

  • 2 If, in his capacity as an employer, the pension fund has added to the responsibility body or to the stakeholder body, the first paragraph shall apply to that secretary mutatis mutandis.

  • 3 The body of responsibility, the stakeholder body and an employee referred to in paragraphs 1 and 2 may request the cantonal court to provide that the employer must act as a result of what is defined in these paragraphs.

  • 4 The employer cannot cancel the employment contract with the employee who is a member of the management of a pension fund, a responsible body or an interested party body. Where the employer has added a secretary to the management of a pension fund, a responsible body or an interested party, the first sentence shall apply to that secretary mutatis mutandis.

  • 5 The employer cannot cancel the contract with an employee who is placed on a list of candidates for the management of a pension fund, a responsible body or a stakeholder body or who is a member of a pension fund or who is a member of the pension fund. has been the board of directors of a pension fund, a responsible body or an interested party.

  • 6 The fourth and fifth paragraphs shall not apply to denunciation during the period of probation, for an urgent reason, if the employee agrees to the notice in writing or if the termination is due to the termination of the work of the undertaking or of the part of the undertaking, in which the employee is employed exclusively or principally.


Article 109. Prohibition on age limit

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Any provision that makes it impossible for the membership of the Steering Board, the Supervisory Board, the Committee on Visits, the Responsibility Body or the Stakeholder Body to be taken on the basis of having attained a certain age shall be null and void.


Article 110. Right of approval

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Any provision which involves the right of a party, which is not a body of the pension fund, to a decision or proposed decision of the pension fund shall be null and void, unless otherwise provided for in this Act.


Article 111. Statutes

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  • 1 The statutes of a pension fund shall, in any event, include provisions relating to:

    • a. the purpose of the pension fund, including a definition of the scope;

    • b. the destination of the funds of the pension fund;

    • c. the management of the pension fund;

    • d. the income of the pension fund;

    • e. the investment of the funds;

    • f. the administrative model of the pension fund, referred to in Article 99 ;

    • g. the manner in which the directors are appointed and dismissed;

    • h. the organisation of internal surveillance;

    • (i) the manner in which the members of the Supervisory Board or the Board of Visits are appointed and dismissed;

    • j. the manner in which the members of the responsible body or the stakeholder body are appointed and dismissed;

    • k. the amendment of the Statutes;

    • (l) the winding-up of the pension fund, including the liabilities of the liquidatehours and the destination of the pension fund's assets; and

    • m. application of Article 105, third paragraph .

  • 2 The definition of the scope, referred to in paragraph 1 (a), shall be made in respect of a company pension fund by defining the business activities of the sector.

  • 3 A company pension fund which provides employers with the possibility of voluntarily signing up to be determined in its Statute under what conditions this voluntary connection is possible.


Article 112. Notification of the establishment of an enterprise pension fund or a company pension fund

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  • 1 The founders report the proposed creation of an enterprise pension fund or company pension fund to the supervisor no later than six weeks before the intended date of establishment.

  • 2 The business pension fund or the company pension fund shall, within three months of its establishment, report that establishment to the supervisor.

  • 3 In the case of the notification referred to in paragraph 2, the following shall be added:

    • a. An authentic copy of the instrument of establishment of the pension fund;

    • b. A copy of the Pension Fund Regulation or the Pension Fund Regulations, certified by the Steering Board;

    • c. A copy of the Implementing Convention, certified by the Board;

    • d. An actuarial and business technical note as referred to in Article 145 ; and

    • e. any contract of insurance, transfer or assignment.


Article 112a. Permit and resistance to general pension fund

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  • 1 It is prohibited to carry out the holding of a general pension fund in the Netherlands without a licence granted to that effect by the supervisor.

  • 3 The application for authorization shall be made in the form of information to be determined by or on the basis of a general measure of management.

  • 4 The authorization may be subject to rules and restrictions with a view to protecting the interests which the law seeks to protect.

  • 5 The supervisor may amend or revoke the authorisation granted by it.

  • 6 The licence is personal and non-transferable.

  • 7 An overall pension fund shall report to the supervisor within three months:

    • a. that has been started with the use of the permit; and

    • b. The holding of a new separation of assets.

    Article 112, third paragraph , shall apply mutatis mutandis to these notifications.

  • 8 A general pension fund has adequate resilience.

  • 9 By or under general management measure, detailed rules relating to this Article which include, inter alia, the application, the procedure, the circumstances that may lead to the amendment or withdrawal of the permit and resistance.


Article 113. Transmission of amendments to official documents

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The pension fund shall:

  • a. An authentic copy of the instrument amending the Statutes;

  • b. A copy of the Regulations, certified by the Board;

  • c. A copy of the amendments to the Implementing Convention, certified by the Board;

  • d. A copy of the amendments to the actuarial and business technical note, which is certified by the Board, is intended to be Article 145 ; and

  • e. A copy of the changes in the possible agreement to insurance, transfer or assignment, certified by the Board;

within two weeks of the establishment of that amendment to the supervisor.


Article 114. Conversion fund conversion

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  • 1 For the conversion of a pension fund into another legal form as referred to in Article 1 Article 18 of Book 2 of the Civil Code A statement of no objection from the supervisor shall be required. The supervisory authority shall grant the declaration if it considers that the interests of participants, former participants, other persons entitled to speak, the pension beneficiaries and the employer are adequately safeguisable.

  • 2 In the case of, or under general management, detailed rules may be laid down in respect of the first paragraph.


§ 5.2. Body responsible for responsibility and interested party

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Article 115. The responsibility body

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  • 1 A business pension fund or a corporate pension fund with a joint administration or a joint or conversely mixed management body shall establish a responsible body. A general pension fund with a joint administration or a joint or conversely mixed administration shall set up a responsible institution for each of the collectivenities.

  • 2 In the responsible body, the participants and the pension beneficiaries are represented in proportion to the mutual number of numbers. In the case of a general pension fund, the foregoing is assessed according to the mutual number of numbers within the collection circle for which the responsible institution is set up. The members of the responsible body shall reflect as balanced a possible manner as possible of the relevant articleation. The employer may be represented in the body of responsibility if the employer or the participants and the pension beneficiaries so wish.

  • 3 If a responsibility body of a general pension fund belongs to a collection circle that consists of more than one company or group, industry or occupational pension scheme as referred to in Article 4 (2) of the Treaty. Article 1 of the Compulsory Occupational Pension Scheme Act or a combination of these, any undertaking or group, industry or occupational pension scheme shall be represented by at least one participant and a pensioner in the responsibility body.

  • 4 On the basis of criteria to be determined by the management of the pension fund, in addition to the representatives referred to in paragraph 2, one or more representatives of former participants in the responsible body may also sit on the responsibility board.

  • 5 In case of election of members of the accountability body by participants, former participants and pensions candidates may be nominated by associations and by individual participants, former participants and members of the pension beneficiaries.

  • 6 In so far as no election by the participants, former participants and pension beneficiaries takes place, but members are appointed by associations, these associations are proportionate to their membership numbers within their terms of reference within the pension fund represented in the responsible body. In the case of a general pension fund, the preceding assessment shall be made on the basis of the numbers of members of the collective society for which the responsible institution has been set up.

  • 7 An association referred to in the fifth and sixth members shall have full jurisdiction; its statutory purpose shall include the purpose of representing the interests of its members as stakeholders in a pension fund.

  • 8 The management of the pension fund shall be the election of the members of the responsible body representing the participants, former participants and the pension beneficiaries:

    • a. Own-initiative of the Pension Fund; or

    • b. Where this is requested by at least 1% of participants, former participants and pension beneficiaries or at least 500 participants, former participants and pension beneficiaries.

    The pension fund shall contribute to any initiative of participants, former participants or pensioners, to organise elections on the basis of the preceding sentence, introductory phrase and part (b). In the case of a general pension fund, this paragraph is applied by responsibility body.

  • 9 A responsibility body of a general pension fund shall only have the tasks and powers of the responsibility body to the extent that they relate to the collection circle for which the responsible body is set up. The responsibility body shall, in consultation with the management of the general pension fund, lay down rules on these tasks and powers.

  • 10 The body of responsibility shall be entitled to consultation with internal supervision.

  • 11 The management of the pension fund and the responsibility body shall meet at least twice in each calendar year. During these meetings, matters shall be addressed in respect of which the management of the pension fund or the body of responsibility consultations should be held.

  • 12 The pension fund shall, upon request, provide the responsible authority with all information and information in good time, which shall reasonably require it for the performance of its task. The information shall be provided in writing on request.


Article 115a. Responsibilities Body Tasks

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  • 1 The management of the pension fund is accountable to the responsibility body on the policy and the manner in which it has been implemented.

  • 2 The accountability body has the power to give an opinion on the conduct of the board on the basis of the management report, the annual accounts and other information, including the findings of internal supervision, on the management of the management. policy implemented, as well as policy choices for the future. This assessment, together with the response of the Board, shall be made known and included in the Management Report.

  • 3 The pension fund shall give the responsibility body the opportunity to deliver an opinion on:

    • a. Policy on rewards;

    • (b) the form and establishment of internal supervision;

    • c. The profile outline for members of the Supervisory Board;

    • (d) the establishment and modification of an internal complaint and dispute settlement procedure;

    • (e) the establishment and modification of the communication and information policy;

    • f. whole or partial transfer of pension fund obligations or the acquisition of liabilities by the pension fund;

    • g. liquidation, merger or division of the pension fund;

    • h. the conclusion, amendment or termination of an implementation agreement;

    • (i) the conversion of the pension fund into any other legal form referred to in Article 18 of Book 2 of the Civil Code ; and

    • j. the composition of the actual premium and the height of the premium components.

  • 4 The accountability body advises the board on the basis of notification of dysfunctioning of the board, intended Article 104, fifth paragraph .

  • 5 The opinion of the responsible body shall be requested at such a time that it may have a material impact on the decisions referred to in paragraph 3.

  • 6 When requesting advice, the responsibility body shall provide an overview of the rationale for the decision and the consequences that the decision is expected to have on participants, former participants and beneficiaries.


Article 115b. The stakeholder body

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  • 1 An enterprise pension fund or an operating pension fund with an independent management or independent joint management shall set up an interested party body. A general pension fund with independent or independent mixed management shall set up a stakeholder body for each of the collectivitygroups. In a general pension fund with several stakeholder bodies, stakeholder bodies may be merged if the interested parties concerned agree to this.

  • 2 For the composition of the stakeholder body, the Articles 100, first to fifth paragraphs , and 102 applicable mutatis mutandis. In the case of an interested party for a collective society whose pension scheme has been terminated, it may be waived by the employer if the interested parties concerned are in agreement in the interested party's body.

  • 3 A stakeholder body of a general pension fund shall only have the tasks and powers of the stakeholder body in so far as they relate to the collection of services in respect of which the stakeholder body is set up. If stakeholder bodies have been merged into a single stakeholder body, this interested body shall have the tasks and powers of the individual stakeholder bodies. The interested party's body shall, in consultation with the management of the general pension fund, lay down rules on these tasks and powers.

  • 4 The stakeholder body shall be entitled to consultation with internal supervision.

  • 5 The management of the pension fund and the stakeholder body shall meet at least twice in each calendar year. During these meetings, matters shall be referred to which the management of the pension fund or the stakeholder body concerned should be consulted.

  • 6 The pension fund shall, upon request, provide the interested party with all information and information in good time, which shall reasonably require it for the performance of its task. The information shall be provided in writing on request.


Article 115c. Tasks of stakeholder body

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  • 1 The interested party advises the pension fund on request or on its own initiative on matters relating to the pension fund.

  • 2 The pension fund shall, in any event, advise the stakeholder body to give an opinion on any proposed decision of the pension fund in respect of:

    • (a) the adoption of measures of general scope;

    • Amendment of the Statutes and Regulations of the Pension Fund;

    • (c) adoption of the administrative report, the annual accounts and the actuarial and operating technical note referred to in Article 145 ;

    • (d) the conclusion, amendment or termination of an implementing contract;

    • e. a contract of subcontracting;

    • f. the policy on rewards;

    • g. the form and establishment of internal supervision;

    • h. The profile outline for members of the Supervisory Board;

    • identifying and modifying an internal complaint and dispute settlement procedure; and

    • j. establishing and amending the communication and information policy.

  • 3 The opinion of the interested party body shall be requested at such a time that it may have a material impact on the decisions referred to in paragraph 2.

  • 4 The stakeholder body advises the board on the basis of the notification of dysfunctioning of the board, referred to in Article 104, fifth paragraph .

  • 5 When requesting an opinion, an overview of the reasons for the decision and of the consequences that the decision is expected to have for participants, former participants and pensioners is provided to the interested party body.

  • 6 The management of the pension fund is accountable to the stakeholder body on the policy and the manner in which it has been implemented.

  • 7 The stakeholder body shall have the power to make a judgment on the conduct of the board on the basis of the management report, the annual accounts and other information, including the findings of internal supervision, on the management of the Management Committee. policy implemented, as well as policy choices for the future. This assessment, together with the response of the Board, shall be made known and included in the Management Report.

  • 8 Decisions of the Steering Board may be subject, under or under the Statute, to the approval of the interested party body to the extent that the law does not result otherwise. The Statutes provide for a dispute settlement system for decisions adopted by the interested party.

  • 9 The Steering Board shall, in any event, need approval from the stakeholder body for each proposed decision relating to:

    • a. total or partial transfer of pension fund obligations or the acquisition of liabilities by the pension fund;

    • b. liquidation, merger or division of the pension fund;

    • c. the conversion of the pension fund into another legal form, referred to in Article 18 of Book 2 of the Civil Code ;

    • d. change of the collectivity circuit;

    • e. the strategic investment policy;

    • f. the premium, including the composition of the actual premium and the level of the premium components;

    • g. the fixing and modification of the surcharge policy;

    • h. establishment of a recovery plan as referred to in Article 138 or Article 139 ;

    • Reduction of the premium or premium allowance referred to in: Article 129 ; and

    • j. reduction of accrued pension claims and pension rights if applied to Article 134 .

    The approval shall not be withheld until after the Steering Board has been given an opportunity to reconsider the decision.

  • 10 The lack of approval of the stakeholder body in a decision referred to in the eighth or ninth member shall not affect the powers of representation of the board or directors.


Article 115d. Further powers of responsibility or stakeholder body

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The statutes of the pension fund may confer on the agency or the stakeholder body further powers other than those specified in this Act.


Article 115e. Advice information

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The pension fund shall notify the responsibility body or stakeholders in writing as soon as possible, whether it does not follow an opinion or not in its entirety, at the same time as to the reasons of the opinion or of any such advice or advice contained therein. Minority advice is waived.


Article 115f. Information to the responsible body or body

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A pension fund shall without delay inform the responsibility body or the interested party body in writing about:

  • (a) the obligation to establish a recovery plan as referred to in the Article 138 or Article 139 ;

  • b. The appointment of a trustee as intended to Article 173 ; and

  • c. the termination of the situation referred to in Article 172 , in which the exercise of all or certain of the organs of a pension fund is subject to the consent of one or more persons designated by the supervisor.


Article 115g. Provisions governing body or stakeholder body

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  • 1 A pension fund shall allow the members of the responsible body or the stakeholder body to use the facilities available to it, to the extent that it is reasonably necessary for the performance of their tasks.


Article 115h. Information about employees ' association or association of pension beneficiaries

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A pension fund is required to cooperate, at the request of employees or an employees ' association, in the provision of information to the employees of the fund on the intention to establish, or on the existence of, an employee association. A pension fund is also required to cooperate, at the request of pensioners or an association of pension beneficiaries, in the provision of information to the pension beneficiaries of the fund on the intention to set up, or the existence, of an association of pension beneficiaries.


§ 5.3. Task delimitation

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Article 116. Prohibition of ancillary activities

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  • 1 A pension fund carries out only activities related to pensions and activities related thereto.

  • 2 In the case of, or under general management, rules may be laid down in respect of activities that may be carried out by pension funds.


Article 117. Implementation of voluntary pension scheme

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  • 1 A pension fund may carry out a voluntary pension scheme only if it is in addition to a basic pension scheme implemented by the same pension fund.

  • 2 A pension fund may carry out a fiscal superannuation scheme only as a voluntary pension scheme.

  • 5 In the case of a general pension fund, the voluntary pension scheme that is carried out in addition to the basic pension scheme may be part of a separation of assets other than that of this basic pension scheme.

  • 6 In the case of a general measure of management, detailed rules may be laid down in respect of the provisions of the fifth paragraph.

  • 7 The nomination for a general measure of management to be adopted pursuant to paragraph 6 shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.


Article 117a. Pension fund implementation net pension

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  • 1 In the case of a general measure of management, rules are laid down on the implementation of a pension fund by a net pension.

  • 2 The nomination for a general measure of directors to be adopted under paragraph 1 shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.


Article 118. Requirements for benefit contracts

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  • 1 A basic pension scheme in the form of a benefit contract which is executed by a pension fund meets the following conditions:

    • a. The employer contributes at least 10 per cent of the actuarial costs of the basic pension scheme; or

    • For all participants, the employee benefit for the basic pension scheme shall be equal to or equal to an equal percentage of the wage or salary or part of the salary to be taken into account for the calculation of pensions, subject to the condition that the pension is not equal to the amount of the salary or salary or equal to the amount of the salary or salary different types of pension schemes and different pension schemes different premiums may be established.

  • 2 A voluntary pension scheme in the form of a benefit contract carried out by a pension fund fulfils the following conditions:

    • a. The employer contributes at least 10 per cent of the actuarial costs of the voluntary pension scheme;

    • For all participants, the employee benefit for the voluntary pension scheme is equal to or equal to an equal percentage of the wage or salary portion of the wage which is taken into account for the purpose of the pension calculation, provided that: different premiums may be established for different types of pension and for different pension schemes; or

    • (c) the costs of the payment policy shall not be charged to the individual participants, but to the collectivity of the pension fund and to the provision of the supplements, the same conditions applicable to the payment of the costs of the payment of the allowance shall be borne by the persons concerned. basic pension scheme.

  • 3 If the voluntary pension scheme complies with the condition referred to in subparagraph (a) of paragraph 2 (a), the pension fund shall inform the participants and the supervisor in writing of this in writing.

  • 4 The first paragraph shall not apply to a required employee pension fund.


Article 119. Requirements Capital Agreements

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  • 1 A basic pension scheme in the form of a capital contract carried out by a pension fund meets the following conditions:

    • a. The employer contributes at least 10 per cent of the actuarial costs of the basic pension scheme; or

    • For all participants, the employee benefit for the basic pension scheme shall be equal to or equal to an equal percentage of the wage or salary or part of the salary to be taken into account for the calculation of pensions, subject to the condition that the pension is not equal to the amount of the salary or salary or equal to the amount of the salary or salary different types of pension schemes and different pension schemes different premiums may be established.

  • 2 A voluntary pension scheme in the form of a capital contract carried out by a pension fund fulfils the following conditions:

    • a. The employer contributes at least 10 per cent of the actuarial costs of the voluntary pension scheme; or

    • b. if the participant is either a pensioner or a former participant, the accrued capital shall be converted into a pension right or a pension claim in the form of a periodic benefit if that person is also entitled to benefits in the form of a pension The basic pension scheme is governed by the basic pension scheme and shall apply equivalent terms to those applicable to the basic pension scheme upon termination of the holding by such pension scheme; Circumstances.

  • 3 If the voluntary pension scheme complies with the condition referred to in subparagraph (a) of paragraph 2 (a), the pension fund shall inform the participants and the supervisor in writing of the said pension scheme.

  • 4 The first paragraph shall not apply to a required employee pension fund.


Article 120. Premium agreements requirements

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  • 1 For a basic pension scheme in the form of a premium contract carried out by a pension fund, the working-rate allowance is at least 10% of the premium of the basic pension scheme.

  • 2 A voluntary pension scheme, in the form of a premium contract carried out by a pension fund, meets the following conditions:

    • a. The employer contributes at least 10% of the premium from the voluntary pension scheme;

    • (b) If the participant dies or becomes a pensioner or former participant, the capital arising from the sum of the premiums made available and the returns earned thereon shall be converted into a pension right or pension entitlement in the (a) a periodic benefit, if it is also made in respect of the basic pension scheme, or the basic pension scheme, is subject to a benefit contract and is subject to corresponding terms and conditions as in the case of the basic pension scheme. basic pension scheme at the end of the holding by these circumstances; or

    • If the participant dies or becomes a pensioner or former participant, the capital generated by the sum of the premiums made available and the returns earned thereon shall be converted into an insured capital, whichever is the other: the basic pension scheme is to be governed by the basic pension scheme and shall be subject to corresponding terms and conditions applicable to the basic pension scheme when the holding is terminated by the end of the pension scheme. These circumstances.

  • 3 If the voluntary pension scheme complies with the condition referred to in subparagraph (a) of paragraph 2 (a), the pension fund shall inform the participants and the supervisor in writing of the said pension scheme.

  • 4 The first paragraph shall not apply to a required employee pension fund.


Article 121. Voluntary affiliation to a company pension fund

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A company pension fund may conclude an implementation agreement with an employer that does not fall within the scope of the company pension fund but which wishes to join the company pension fund on a voluntary basis, if:

  • a. The wage development of this employer is at least equal to that in an industry in which the company pension fund is employed and the employer participates in the social funds of the same industry;

  • b. there is a group relationship between the employer who wishes to join voluntarily and another employer falling within the scope of the occupational pension fund; or

  • (c) This will take place at a time when the employer has been covered by the scope of the pension fund.


Article 121a. Extension of the scope of the obligation to pension fund

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Article 121 shall apply mutatis mutandis in the event of an extension of the scope of a committed occupational pension fund with an industry or part of an industry involving the participation of the company pension fund in respect of that industry. persons are not required.


Article 122. Cessation connectedness to group

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If an enterprise is no longer part of a group to which an enterprise pension fund is linked, or a group falling within the scope of a company pension fund, this pension fund may continue to act as a pension manager for this undertaking, unless the undertaking falls within the scope of a required corporate pension fund.


Article 123. Implementation of multiple pension schemes and ranking

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  • 1 If an enterprise pension fund or a company pension fund carries out multiple pension schemes, these pension schemes constitute a whole financial institution. A general pension fund implies a separation of assets for each of the collectivenities.

  • 2 The scope of the collection of services referred to in paragraph 1 shall be laid down in the statutes by the definition of the pension schemes and an indication of the implementing agreements or implementing regulations which form part of the "collectivity".

  • 3 The ability for a collectivity circuit is a breakaway ability that, without prejudice Article 129 and the fifth paragraph, solely for the satisfaction of claims arising out of:

    • a. Costs associated with the implementation of the pension scheme which may be charged to the assets under the Implementing Convention or to the Implementing Regulations; and

    • b. Pension entitlements and pension rights of participants, former participants, other members of the appointment and pension beneficiaries of that power.

  • 4 If the separation of assets in the event of liquidation is insufficient to satisfy the claims, the assets shall be capable of satisfying the claims in the order of the third member.

  • 5 In the event of a declaration of bankruptcy of a general pension fund, the debts of the assets shall be determined in accordance with the provisions of the Bankruptcy Act , depending on the nature of the debt to be debt in question, either prorated over each part of the estate or deducted only from a particular benefit of the estate.


Article 124. Purchase of pension building

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A pension fund may provide for the possibility of raising pension claims if the part of the pension claims resulting from such purchases is treated in accordance with pension entitlements under the basic pension scheme.


Article 125. Authorisation and notification of cross-border activity

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  • 1 It is a pension fund which is prohibited from receiving contributions from a sponsoring undertaking that has a seat in a Member State other than the Netherlands:

    • a. Authorisation granted by the supervisor without a permit; and

    • b. without having informed the supervisor of the intention to do so, in the manner specified in Article 194 , and subject to: Article 196 .

Chapter 6. Financial framework for pension funds

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Article 125a. Financial framework for the separation of assets

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If a general pension fund maintains the separation of assets, the amount of such assets shall be that of the Articles 126 , 128 to 142 , 143 , as far as the retrievability test is concerned, 145 , 147 and 149 is determined, applied per separate power.


Article 125b. Total Input [ Expestablished per 01-01-2016]

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Article 126. Technical provisions adopted

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  • 1 A pension fund shall establish adequate technical provisions in respect of the set of pension obligations.

  • 2 The calculation shall be carried out in accordance with the following principles:

    • (a) technical provisions shall be calculated on the basis of market valuation;

    • b. the bases of death or incapacity for work and life expectancy used for the calculation of technical provisions shall be based on prudent principles; and

    • (c) the method and basis of the calculation of technical provisions will remain unchanged from financial year to financial year, unless changes are justified by changes in the legal, demographic or economic situation; circumstances underlying the hypotheses.

  • 3 In the case of, or under general management, rules shall be laid down on the method of calculating the minimum amount of technical provisions, the margin of prudence to be taken into account and rules governing the use of the technical provisions of the the frequency with which the technical provisions are calculated.


Article 127. Old age pension

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Oldage pension is financed on the basis of capital cover.


Article 128. Cost-covering premium altitude

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  • 1 A pension fund shall establish a cost-covering premium consisting of:

    • a. The premium actuarial required in connection with the growth of the pension liabilities;

    • b. the storage required for the required own funds required in the event of the growth of the pension liabilities as specified in Article 132 ;

    • c. the storage required for the pension fund execution costs associated with the growth of the pension liabilities; and

    • d. the premium actuarial required for the purpose of payment where chosen is for financing in the manner specified in Article 137, fourth paragraph, part a, b or d ;

  • 2 The cost-covering premium may be dampened by a moving average of the interest rate or with expected returns.

  • 3 In the case of, or under general management, detailed rules relating to this Article shall be laid down, inter alia, on the need to reduce the costs of the premium.


Article 129. Premium or refund

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  • 1 A pension fund can only grant a discount to the cost-covering premium or the dempte premium and can only return if:

    • a. Given the policy coverage of the pension obligations is met by the Articles 126 , 132 and 133 ;

    • b. conditional markups have been granted in respect of both the previous 10 years and can also be granted in the future; and

    • c. the discount on pension claims and pension rights on the basis of Article 134 has been compensated for in the previous 10 years.

  • 2 In the case of or under general management measure, detailed rules may be laid down in respect of this Article.


Article 130. Statement of premium in financial statements and management report

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A pension fund shall state in its annual accounts and administrative report:


Article 130a. Premium Component Entry

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Without prejudice Article 130 In its annual accounts and management report, a pension fund shall state the composition of the actual premium and the level of the premium components.


Article 131. Minimum own funds required

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  • 1 A pension fund shall have a minimum own funds required, unless:

    • a. A pension fund has been transferred to full transfer or subversion; and

    • b. the supervisor has agreed to the fact that the pension fund therefore does not have a minimum own funds required.

  • 2 In the case of or under general management measures, the size and composition of the minimum own funds required shall be determined.


Article 132. Required own funds

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  • 1 A pension fund shall have a required own funds.

  • 2 A pension fund shall determine the own funds required in such a way that a security of 971/2% shall prevent the pension fund from having less values than the amount of technical provisions within a period of one year.

  • 3 In the case of, or under general management, detailed rules on the calculation and composition of the required own funds referred to in paragraph 1 and the provisions of the second paragraph shall be laid down.


Article 133. Coverage by Values

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The technical provisions and the loans granted to the pension fund are fully covered by values.


Article 133a. Policy Coverage Rate

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  • 1 The policy coverage of a pension fund is the average coverage rate of the 12 months prior to the time of adoption.

  • 2 In the case of, or under general management, detailed rules shall be laid down regarding the policy coverage rate and the timing of the definition of the policy coverage.


Article 133b. Real Coverage Ratio Reporting

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  • 1 A pension fund is required to report annually the level of real coverage of the pension fund to the supervisor.

  • 2 By arrangement of Our Minister, rules are set about the real coverage rate.


Article 134. Pension pension claims discount and pension rights

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  • 1 A pension fund may reduce acquired pension entitlements and pension rights only if:

    • a. The pension fund considering the policy coverage ratio does not meet the at or under Article 131 requirements for the minimum required own funds or at or under the Article 132 requirements for the required own funds;

    • b. the Pension Fund is not able to comply within a reasonable period of time Article 131 or Article 132 without prejudice to the interests of participants, former participants, members of the pension, any other or the employer, or the employer, and

    • c. any other available steering, other than investment policy, have been used in the recovery plan referred to in Article 138 or Article 139 .

  • 2 A pension fund informs participants, former participants, pensioners and the employer in writing about the decision to reduce pension entitlements and pension rights.

  • 3 The reduction referred to in paragraph 1 may be realised at the earliest one month after the participants, former members of the pension, the employer and the supervisory authority are informed.

  • 4 In the case of or under general management measure, detailed rules may be laid down in respect of this Article.


Article 135. Requirements for investments

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  • 1 A pension fund execs an investment policy that is in accordance with the prudent-person rule and based in particular on the following principles:

    • a. The values are invested in the interests of entitlement and pension beneficiaries; and

    • (b) investment in the sponsoring undertaking shall be limited to a maximum of 5% of the portfolio as a whole, and where the sponsoring undertaking belongs to a group, investments in the undertakings belonging to the same group as the contributing group shall be limited to the same group as the contributing group. undertaking shall be part of the undertaking limited to a maximum of 10% of the portfolio. Where a group of undertakings pays contributions to the pension fund, investments in these sponsoring undertakings shall be prudent, taking into account the need for proper diversification;

    • c. Investments are valued on the basis of market valuation.

  • 2 In the case of, or under general management, detailed rules shall be laid down to ensure the prudent investment policy.

  • 3 The requirements set out in the first paragraph, introductory wording and part b, and the rules laid down on the basis of the second paragraph with regard to the diversification of values shall not apply to investments in government bonds.

  • 4 A pension fund shall state in its management report the manner in which the investment policy takes account of the environment and climate, human rights and social relations.


Article 136. Loans

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  • 1 A pension fund does not contract loans unless the loan is made temporarily for liquidity purposes and does not act on behalf of third parties as guarantor.

  • 2 In the case of, or under general management, rules may be laid down in respect of the first member with respect to the time of the loan and the liquidity objectives.


Article 137. Conditional payment

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  • 1 A pension fund establishes policy with regard to conditional payment.

  • 2 For a pension fund, the conditional surcharge applies as follows:

    • a. At a policy coverage level under a level to be determined by general management measure, no surcharge is granted;

    • b. no more surcharge is granted than is expected to be realized in the future; and

    • c. A cross-payment grant in order to compensate in the past not granted a supplement or past reduced pension claims and pension rights may be granted if such payment does not have an effect on the Future payment in accordance with Part B, the policy coverage level of the required own funds specified in the Article 132 , retains a fifth of the assets available for this grant in any year and shall be used.

  • 3 The second paragraph shall not apply where:

    • a. A pension fund is fully insured with an insurer;

    • (b) the employer has an unconditional obligation to contribute to a pension fund in such a way that this pension fund is always in compliance with the current or under Article 131 Minimum required own funds requirements, and where there is an unconditional payment for participants in accordance with at least the growth rate of the price index; or

    • (c) otherwise refer to special circumstances to be determined by or pursuant to general measures of management.

  • 4 Pension funds can fund the conditional payment by:

    • a. The creation of technical provisions;

    • b. the creation of own funds above the required own funds for the purpose of the provision of the premium;

    • c. the equity of the equity in excess of the own funds required for the purpose of the provision of the payment;

    • (d) handling of premium storage; or

    • e. excess return.

  • 5 In the case of, or under general management, further rules shall be laid down in respect of this Article.


Article 138. Recovery Plan

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  • 1 Where the policy coverage of a pension fund is due to be below the at or under the end of a calendar quarter Article 132 The pension fund shall notify the supervisor without delay of any claim to it.

  • 2 In the situation referred to in the first paragraph, the pension fund shall, within three months or as much earlier as the supervisor, determine, in agreement with the supervisor, a concrete and feasible recovery plan, unless the pension fund is given the Policy coverage at that time conforms to Article 132 . In the recovery plan, the pension fund works out how the latest within ten years will comply with Article 132.

  • 3 By way of derogation from the second paragraph, in relation to the specific situation of the pension fund and in the interest of pension beneficiaries, the supervisor may provide that the recovery plan shall be shorter than 10 years.

  • 4 A pension fund that receives contributions from a contributing company based in another Member State and has a policy coverage rate that is below the bee or under Article 131 the minimum required own funds shall also be implemented in the recovery plan in compliance with Article 131 within a year.

  • 5 In principle, the recovery plan shows a period of time-balance recovery. By way of derogation, the recovery plan may show a more than time-balanced recovery in the first half of the recovery plan's duration.

  • 6 The recovery plan shall not exceed six months after the policy coverage level is to be placed below the current Article 132 requirements. The pension fund shall act promptly in accordance with the recovery plan

  • 7 The pension fund shall determine the policy coverage rate each year at the time the situation referred to in the first paragraph is established. If necessary, by derogation from the previous sentence, the pension fund may fix the policy coverage rate annually by the end of the fourth calendar quarter, by the initial determination of the policy coverage rate after the moment of the situation, in paragraph 1, the first paragraph has been adopted.

  • 8 In the case of, or under general management, detailed rules shall be laid down in respect of this Article, which shall cover, inter alia, the period until the recovery plan begins.


Article 139. Recovery plan actualisation

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  • 1 Where the policy coverage ratio based on Article 138, seventh paragraph , is determined to be below the at or under Article 132 the pension fund shall, within three months or as much earlier as the supervisor, determine, in agreement with the supervisory authority, a concrete and feasible updated recovery plan in order to meet the requirements of the pension fund.

  • 2 In the recovery plan referred to in paragraph 1, the pension fund shall work out how it is in the same period as the time limit set by the pension fund under the recovery plan under the recovery plan Article 138, second paragraph , has used, will meet Article 132 . The pension fund may, taking into account the specific situation of the pension fund and in the interests of pension beneficiaries, use a different deadline for the updated recovery plan if the supervisor agrees to do so.

  • 3 Article 138, fourth to eighth paragraphs , applies to the updated recovery plans. At the time of the update of the updated recovery plan, this will replace a previously established recovery plan or an updated recovery plan.

  • 4 In the case of or under general management measure, detailed rules may be laid down in respect of this Article.


Article 140. Minimum required measure of own funds

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  • 1 If the policy coverage ratio based on Article 138, seventh paragraph , is set five times consecutive to the rate of: Article 131 Minimum required own funds required and the coverage ratio at the latter finding is also below that level, the pension fund takes measures within six months of direct coverage of the pension fund complies with Article 131. In so far as the measures to reduce pension rights and pension rights are concerned, they are directly incorporated into the technical provisions and either directly implemented or in principle proportional over time for maximum period of time. time period to be used for the recovery plan drawn up after the situation is found to be in the first sentence.

  • 2 For a pension fund that receives contributions from a sponsoring undertaking established in another Member State, instead of the number of five mentioned in paragraph 1, a number of one shall be subject to the pension scheme.

  • 3 If a pension fund in the situation, referred to in the first paragraph, has taken measures that will directly meet the coverage rate Article 131 , a new deadline for the next application of the first paragraph shall begin. If a pension fund in the situation referred to in the first paragraph has not taken any measures because at the last establishment of the policy coverage the coverage rate was not below the minimum required own funds, the first member of the pension fund shall be the first member of the pension fund. shall apply mutatis mutandis to each subsequent establishment of the policy coverage rate on the basis of Article 138, seventh paragraph , until the policy coverage level is at or above the minimum level of own funds required or the policy coverage rate and the coverage level are below that level.

  • 4 In the case of or under general management measure, detailed rules may be laid down in respect of this Article.


Article 141. Possibility of exemption

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  • 1 The supervisor may, in view of the specific situation of the pension fund and in the interests of the pension beneficiaries, grant, in whole or in part, a waiver, at the request of a pension fund, from the application or pursuant to the Articles 131 , 132 , 134, first paragraph, part a , 137 , 138 , 139 and 140 certain, if the pension fund demonstrates that it cannot reasonably be satisfied and that the purposes intended to achieve those articles are otherwise achieved.

  • 3 In the case of, or under general management, rules may be laid down to which the holder of a waiver may comply and with regard to the granting of the waiver.


Article 142. Exceptional situation exemption

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In the case of a settlement of our Minister, after consultation with the supervisor, exemption may be granted from the Article 138 said period of 10 years and in Article 140 The number of five mentioned, if there is an exceptional economic situation in which a large number of pension funds cannot meet the requirements of the required own funds required by or under this law, and the minimum requirement for the minimum number of pension funds to be provided under this law. Required own funds.


Article 143. Management and integrity management

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  • 1 A pension fund shall set up its organisation so as to ensure its management and integrity.

  • 2 In the case of, or under general management, rules shall be laid down in respect of the first paragraph. In any case, the rules apply:

    • a. management of business processes and business risks;

    • b. integrity;

    • c. the soundness of the pension fund, which is understood to mean:

      • 1 °. control of financial risks; and

      • 2 °. managing other risks that may affect the soundness of the pension fund;

    • d. To control the long-term financial position by periodically making a feasibility test.


Article 144. Parameters

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  • 1 In the case of a general measure of administration, for the purposes of the calculations, Articles 126 , 128 , 138 , 139 , 140 and 143 , the rules are:

    • a. The minimum percentage of the average wage or price index;

    • b. The maximum average rate of yield to be used on fixed rate values;

    • c. The maximum risk premiums to be applied to, among other shares and real estate; and

    • d. A uniform set of economic scenarios.

  • 2 The rules referred to in paragraph 1 shall be reviewed no later than every five years, taking into account past financial and economic developments and realistic views regarding future financial-economic expectations.

  • 3 Before the nomination of the general measure referred to in paragraph 1, our Minister asks the opinion of a committee made up of independent members appointed by Our Minister, including a Chairman. It also asks the committee's assessment of the technical development of the foundations for the long-term valuation of pension obligations.

  • 4 In the case of, or under general management, rules shall be laid down in respect of the commission referred to in paragraph 3.

  • 5 The nomination for a general measure of directors to be adopted under the first paragraph shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.


Article 145. Actuarial and Business Technical Note

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  • 1 The pension fund shall record an actuarial and operating technical note, which shall in any event contain a description of the manner in which execution is given to it or to the Articles 25 , 126 to 137 and 143 Some. It shall include the composition of the actual premium and the level of the premium components. In addition, the actuarial and company technical note contains a statement on investment principles.

  • 2 The actuarial and operating technical note of a pension fund includes further:

    • a. a financial crisis plan in which the pension fund describes the actions that can be deployed in the situation that is not subject to the requirements of, or under Article 132 The measures to be taken into account in the situation referred to in Article 140 (1) of the Treaty shall be met;

    • b. The level of the policy coverage from what premium discounts and refunds as intended in Article 129 are permitted; and

    • c. a description of the other steering equipment.

  • 3 In the case of, or under general management, rules shall be laid down in respect of the actuarial and operating technical note.

  • 4 In so far as risks have been transferred, insured or accommodated, the description referred to in paragraph 1 may be limited to a reference to what is contained in the relevant agreements.

  • 5 The declaration on investment principles shall be reviewed every three years, and without delay after any major change in the investment policy.


Article 146. Annual accounts and management report

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  • 2 A general pension fund describes each separation of assets separately in the financial statements and the management report.


Article 147. States

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  • 1 A pension fund shall run the year in the same way as the calendar year.

  • 2 A pension fund shall periodically submit within the time limits specified for that purpose to the supervisor who needs the supervisor for the proper exercise of his/her task, intended to Article 151 .

  • 3 The States shall comprise only:

    • a. Information on the organisation of the pension fund;

    • b. Administrative report;

    • c. a balance sheet;

    • d. information on financial relations and transactions of the pension fund;

    • e. an account of income and expenses;

    • f. Coverage rate information, the policy coverage rate, and the real coverage rate;

    • g. information on the required own funds;

    • h. actuarial statements, certified by a competent actuary, including an actuarial report providing a statement of an actuary;

    • information about the Participant File;

    • (j) information on the pension scheme implemented and any other arrangements implemented by the pension fund;

    • k. Premium data;

    • l. information on insurance;

    • m. information on obligations of the Pension Fund for the Risk of Participants;

    • n. information about the recovery plan;

    • o. Information on the retrievability test;

    • p. information on surcharge; and

    • q. information on the reduction of pension entitlements and pension rights.

  • 4 With its declaration referred to in paragraph 3 (h), the actuary shall confirm that he has satisfied himself that the Articles 126 to 140 . He shall be empowered to clarify or to make a reservation at any point.

  • 5 The States shall periodically provide a statement of fidelity, issued by an auditor. It is for the Member States to examine how the States are to be examined, which the auditors shall observe.

  • 6 In the case of, or under general management, rules shall be laid down in respect of:

    • a. the content and models of the States; and

    • b. the manner, the periodicity and the time limits of the provision.


Article 148. Actuary independence

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  • 1 The competent actuarial officer who reports the actuarial report is independent of the pension fund and does not carry out any other work for the pension fund.

  • 2 It is the appreciable actuary not permitted to carry out the work referred to in Article 147, fourth paragraph , to be exercised in the case of a pension fund when another actuary or other expert belonging to the same organisation as the appreciable actuary, carries out other work for the same pension fund, unless the organisation of the pension fund is not the same as the that a code of conduct adopted by the supervisor has a code of conduct which has been approved by the supervisor on the independence of the appreciable actuarial actuary.


Article 148a. Prohibition of capital contracts

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A pension fund may not take insurance from an insurer if the insurance is based on a capital contract. A capital contract is an agreement between a pension fund and an insurer in which:

  • a. The risks of the pension fund during the contract period shall be ensured;

  • b. the associated pension claims and pension rights cannot be left to the insurer at the request of the pension fund at the request of the pension fund after the end of the contract period; and

  • c. the values which belong to the old-age pension or survivor's pension on a capital basis are wholly or partly legally owned by the insurer during the contract period.


Article 149. Obligation of transfer, insurance or assignment

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The supervisory authority may require a pension fund to enter into insurance with an insurer within a time limit to be set by the supervisor, transfer to an insurer or transfer to a pension fund if this is The supervisory authority's opinion is necessary in relation to:

  • a. the actuarial and company engineering structure of the pension fund; or

  • b. The expertise and reliability of the board.


Article 150. Transfer, insurance or assignment on end of pension scheme

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When a pension scheme ends during a period of time in which the pension fund ' s policy coverage ratio is below the at or under Article 131 requirements for the minimum own funds required:

  • a. The pension fund shall inform the supervisor accordingly;

  • b. enters the pension fund within a time limit to be set by the supervisor to secure an insurer, transfer to an insurer or place a pension under a pension fund on the basis of a procedure which is is brought to the knowledge and consent of the supervisor; and

  • c. provides the pension fund with a general overview of the procedure referred to in subparagraph (b), available to participants, former participants and pensioners, or the representatives of the said persons in accordance with the Principle of confidentiality.

Chapter 7. Supervision, enforcement and other tasks

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§ 7.1. The regulator

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Article 151. Supervisors

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  • 1 The Financial Markets Authority is entrusted with the conduct of conduct supervision.

  • 2 Conduct supervision is monitoring compliance with the standards on information by pension practitioners to participants, former participants, former partners and pensioners, and the standards on the provision of advice to the public. Participant or former participant in the implementation of premium agreements with investment freedom where the participant or former participant has taken over the responsibility for the investments.

  • 3 De Nederlandsche Bank N.V. is responsible for the prudential supervision and supervision.

  • 4 Prudential supervision is supervised by the standards on the financial soundness of pension funds and contributing to the financial stability of the sector of pension funds.

  • 5 Material monitoring is supervised by all standards in this Act which are not part of behavioural or prudential supervision.

  • 6 With the supervision of compliance with or under this law, the persons designated by decision of the supervisor shall be responsible. Notice of a decision referred to in the first sentence shall be issued by the State Official Gazette.

  • 7 In the case of a general measure of management:

    • a. Rules shall be laid down concerning the allocation of tasks and powers with regard to prudential supervision, the supervision of conduct and the substantive supervision of this law to supervisors;

    • b. lays down rules on how the supervisors work together; and

    • c. shall be required to meet the requirements of supervisory authorities, including rules aimed at ensuring that the supervisory authority is such as to ensure that the tasks and powers resulting from this Act are independently fulfilled.


Article 152. Individual cases no assessment

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  • 1 The supervisory authority shall not, when carrying out the supervision of compliance with this Act, in the assessment of the individual legal relationship between:

    • a. An employer and an employee;

    • b. a pension performer and an employer; and

    • (c) a pension exporter and a claim or pensioner.

  • 2 The first paragraph shall not apply to the Implementing Convention and to the pension rules.


Article 153. Quality requirements

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In addition to Article 19 (1) of the Framework Law on independent administrative bodies With regard to the performance of its duties and powers under this Act, the supervisor shall ensure that the implementation of the supervisory authority is clear, transparent and consistent.


§ 7.2. Account and accountability [ Expandable by 01-01-2013]

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Article 154. Budget [ Expired per 01-01-2013]

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Article 155. Assent to the budget [ Expestablished per 01-01-2013]

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Article 156. Annual Report [ Expired per 01-01-2013]

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Article 157. Annual accounts or accountability [ Expated by 01-01-2013]

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Article 158. Further Regulation [ Exp& es by 01-01-2013]

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Article 159. Net operating balance [ Exparising per 01-01-2013]

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Article 160. Supervision Costs [ Expired per 01-01-2013]

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Article 161. Consultation Costs Monitoring [ Expired by 01-01-2013]

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Article 162. Exclusion profession [ Expestablished per 01-01-2013]

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§ 7.3. Powers Our Minister

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Article 163. Execution condition

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Our Minister is supervising:

  • a. the lawfulness of the implementation of this law by the supervisor;

  • b. The effectiveness of the performance of the implementation of this law by the supervisor.


Article 164. Provision of information for the supervision of our Minister

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  • 1 If Our Minister requests the supervisor information or intelligence that he considers necessary for an investigation into the manner in which the supervisor carries out or has implemented the tasks and powers arising under this Act, the distribution shall be carried out in accordance with this Article.

  • 2 The supervisor shall provide the information or information referred to in paragraph 1 without charge to our Minister. If our Minister asks the regulator to provide certain data or intelligence provided or obtained pursuant to this Act on separate pension execs, employers or natural persons, the regulator shall be not to provide such data or intelligence, where these relate to, or are retractable to, a separate pension exporter, employer or natural person, with the exception of data or information related to that person. have been on or retractable to a pension performer or employer in respect of of which payment has been granted, which has been declared bankrupt or has been dissolved on the basis of a court ruling.

  • 3 Our Minister may carry out a third party to examine the information or information supplied to him under paragraph 2 and to report to him. Our Minister may also authorize the third party to act in his order to obtain information or information on his behalf, in which case the first and second paragraphs shall apply mutatis mutandis.

  • 4 Our Minister uses the information or intelligence obtained under the second or third member solely for forming his assessment of the adequacy of this law or the manner in which the supervisor is the person responsible for the application or exercise or has exercised powers conferred on the law and powers conferred on them.

  • 5 Our Minister and those acting in his mandate shall be obliged to keep confidential information or information received pursuant to the second sentence of the second paragraph.

  • 6 Notwithstanding the fourth and fifth paragraphs, our Minister may inform the States-General of the findings and the conclusions drawn from the data or intelligence and make the conclusions publicly available from the investigation.

  • 7 The Law open-to-board and the Law National Ombudsman shall not apply in respect of the particulars or information referred to in this Article which our Minister or the third party acting under his mandate shall have under his or her behalf.


Article 165. Designation by Our Minister

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  • 1 Our Minister may give the supervisor a clue as to the exercise of the duties and powers conferred upon the supervisor by or under this law, when the supervisor is in the opinion of Our Minister. It's not Our Minister does not act in individual cases.

  • 2 The supervisor shall be required to act in accordance with the instructions.


Article 166. Job Neglect

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The power to take the necessary facilities mentioned in Article 23, first paragraph, of the framework law on self-governing bodies As well as the obligations referred to in Article 23 (2) and (3) of the Framework Law, independent administrative bodies shall be exercised in respect of serious neglect by the supervisor of the tasks entrusted to or under this law. Well executed by our Minister.


Article 166a. Policy rules by Our Minister

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  • 1 Our Minister may lay down policy rules regarding the application by regulators of Chapter 7 .

  • 2 The policy rules shall be published in the Official Gazette.


§ 7.4. Enforcement

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§ 7.4.1. General-registered office in the Netherlands

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Article 167. Free provision of information

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The employer, the employer, the auditor and the actuary shall supply the supervisor free of charge, free of charge, the information, particulars and documents requested by the supervisor.


Article 168. Supervisor's power of intelligence

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  • 1 The supervisor may, for the purpose of monitoring the compliance of this law, claim from any information.

  • 3 As far as the supervisory authority for the conduct of conduct supervision of pension funds authorised by the other supervisory authority or which is included in the register is required to provide information on aspects of the pension funds. operation, intended Article 143, second paragraph, part a and b The former supervisor shall not seek information, after the other supervisor has been requested to provide such information, and it has been shown that the other supervisor is unable to respond to this request.

  • Paragraph 4 of paragraph 3 may, after consultation with the other supervisor, be waived if there is a reasonable presumption of an infringement of the rules to or pursuant to this Law and without delay, having regard to the interests in question, that: required.


Article 169. Supervisor data retention

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  • 1 The pension executor and the employer are required to have the business data and documents relating to pension schemes and other items regulated by or under this Act available in the Netherlands and for the purposes of this to keep available at least seven years after the accounting year to which they relate.

  • 2 The first paragraph shall not apply to an insurer having its registered office in another Member State of the European Union.


Article 170. Information and reporting obligation Auditor and actuary

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  • 1 An accountant seeking the inquiry into the states, intended Article 147, fifth paragraph The supervisor shall, as soon as possible, notify the supervisor of any circumstances which it has received in the course of carrying out the investigation and which:

    • a. In violation of this law;

    • (b) the fulfilment of the obligations assumed by the pension fund; or

    • c. leads to the refusal of the issuing of the declaration of fidelity or to the making of reservations.

  • 2 The first paragraph, introductory wording and parts (a) and (b) shall apply mutatis mutandis to the actuary responsible for the investigation of the States referred to in Article 2 (1) of this Regulation. Article 147, fourth paragraph I'll run it.

  • 3 The auditor or actuary shall provide the supervisor, free of charge, without charge as soon as possible, all information that it reasonably requires for the purpose of monitoring compliance with this Act. The supervisor shall give the relevant pension fund the opportunity to be present in the provision of information by the auditor or the actuary.

  • 4 The accountant or actuary shall, on request, provide the supervisor with an understanding of its audit work.

  • (5) The accountant or actuary who has made a notification or information to the supervisor pursuant to this Article shall not be liable for any damage suffered by a third party as a result, unless it is likely to be made that, having regard to all the facts and circumstances, it should not have been reasonably possible to notify or to supply information.


Article 171. Designation

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  • 1 The supervisor may require a pension exporter who does not comply with what has been determined by or under this Act by giving a designation to within a reasonable time limit set by the supervisor in respect of: the points indicated in the designation decision to follow a certain line of conduct.

  • 2 The supervisor may also issue a designation as referred to in the first paragraph to a pension fund if it devalues any signs of a development which is the equity, solvency, liquidity or management of the pension fund May be in danger.


Article 172. Appointment Curator

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  • 1 The supervisor may decide to appoint one or more persons as a liquidator in respect of all or certain of the institutions of the pension fund if that pension fund does not comply with what is defined under this Act.

  • 2 The decision pursuant to paragraph 1 shall be taken only:

    • a. After a designation by the pension fund not fully or completely within the prescribed period to a designation as intended Article 171 Effect is given;

    • b. if the infringement referred to in the first paragraph is seriously jeopardizing the proper functioning of the pension fund and that pension fund has been given prior opportunity to express its views on the proposed decision; or

    • (c) if the offence referred to in paragraph 1 is seriously jeoparted by the interests of the right of claim and pension and that pension fund has been given prior opportunity to present his views on the proposed infringement. Decision.

  • 3 Without prejudice to the first and second paragraphs, the supervisor may decide to appoint one or more persons to be a liquidator in respect of all or certain of the institutions or representatives of a pension fund if he or she disregards any sign of that pension fund from a development which may jeopardise its own funds, solvency, or liquidity of that pension fund.

  • 4 The decision to appoint shall contain, inter alia, a description of the interests to which the liquidator should have the right to lead. The supervisor shall appoint the liquidator for a maximum period of two years, with the possibility of extending that period for a maximum period of one year each time; the extension shall be effective immediately. As from the date of publication of the decision appointing the liquidator to the pension fund, the relevant bodies or representatives may exercise their powers only after approval by the liquidator and by the court. compliance with the orders of the liquidator.

  • 5 After the appointment of a liquidator:

    • (a) grant the liquidator and the representatives of the pension fund all cooperation;

    • b. may permit the relevant organs or representatives of the pension fund to carry out certain legal acts without approval;

    • c. may at any time replace the receiver designated by the supervisor;

    • d. is for damage as a result of acts performed in violation of a decision referred to in the first or third paragraph, any person who is part of the institution of the pension fund which has carried out these acts, liability to the pension fund, unless the conduct of those acts is not reproach to him and he has not been negligent in taking any action to avert the consequences thereof;

    • e. the acts referred to in part d, insofar as these are legal acts, are voidable, if the other party knew or belonged to the knowledge that the approval required was not required.

  • 6 Once the condition referred to in the first or third paragraph is no longer present, the supervisor shall withdraw the decision appointing the liquidator. The supervisory authority shall promptly announce the decision to revoke the pension fund.

  • 7 The supervisor shall assign a salary to a person appointed by virtue of the first paragraph. The salary shall be borne by:

    • a. the pension fund or, where the financial conditions of the pension fund do not permit it;

    • b. the employer or, where the employer ' s financial conditions do not permit this;

    • c. Supervisor.


Article 173. Trustee of a pension fund

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  • 1 At the request of the supervisor, the business office of the Court of Justice of the Court of Justice may request a trustee of a pension fund, provided that:

    • a. A pension fund demonstrates such default that the interests of the pension beneficiaries require an immediate provision; or

    • b. The board is to be absent.

  • 2 The supervisor shall submit his application for appointment of a director in duplicate. The Registrar shall immediately forward a copy of the application to the pension fund.

  • 3 If the works office assigns the request, it shall determine the duration for which the trustee is to be appointed. It may extend this period, at the request of the supervisor or of the administrator, or to shorten it. The company's office shall be entitled to pay the administrator of the following salary:

    • a. the pension fund or, where the financial conditions of the pension fund do not permit it;

    • b. the employer or, where the employer ' s financial conditions do not permit this;

    • c. Supervisor.

  • 4 The trustee shall take the place of the board or one or more members of the management of the pension fund appointed by the business office.

  • 5 The provisional application of the decision to appoint a director may be ordered, if the request was made on one of the grounds mentioned in paragraph 1 (a) and (b).


Article 174. Unqualified certified auditor or actuary

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  • 1 If an accountant or actuary does not provide, or does not provide, the necessary safeguards that it will be able to perform its task in respect of the pension fund properly, the supervisor may, in respect of that auditor or actuary, determine that he is no longer competent to make the declarations referred to in this Act in respect of that pension fund.

  • 2 The supervisor shall notify the pension fund of the decision referred to in the first paragraph.


Article 175. Penalty under penalty

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  • 2 The rules of our Minister may lay down rules relating to the exercise of the power to impose a charge under penalty payments.


Article 176. Administrative penalty

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  • 2 In the case of a general measure of management, rules relating to the exercise of competence shall be laid down in the first paragraph.


Article 177. Violator [ expired on 01-07-2009]

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Article 178. Reproach [ expired on 01-07-2009]

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Article 179. Amount of administrative fine

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  • 1 The amount of the administrative fine shall be determined by a general measure of management, with the exception that the administrative penalty for a separate infringement shall not exceed € 4 000 000. If no five years have elapsed since the offence has been committed since the imposition of an administrative fine on the offender for the same offence, the amount of the administrative penalty, as referred to in the first sentence, shall be paid, doubled for a separate violation.

  • 2 The general measure of management referred to in paragraph 1 shall determine the amount of the administrative penalty to be imposed for each infringement specified therein. The offences shall be classified in categories according to the gravity of the offence with the basic amounts, minimum amounts and maximum amounts. In addition, the following format is used:

    Category

    Basic amount

    Minimum amount

    Maximum amount

    1

    € 10 000,-

    € 0,-

    € 10 000,-

    2

    € 500 000,-

    € 0,-

    € 1 000 000,-

    3

    € 2 000 000,-

    € 0,-

    € 4 000 000,-

  • 3 By way of derogation from the first and second paragraphs, the supervisor may fix the amount of the administrative fine at a maximum of twice the amount of benefit the offender has obtained by the offence if the latter's advantage is greater than € 2 000 000.


Article 180. Caution [ Expect by 01-07-2009]

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Article 181. Intention to impose fine [ Expaed by 01-07-2009]

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Article 182. Decision [ Vertraps per 01-07-2009]

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Article 183. Payment, compulsory order [ Expestablished by 01-07-2009]

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Article 184. Suspensive effect of administrative fine

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  • 1 If an objection or appeal is lodged against a decision imposing administrative fine, it suspends the obligation to pay the administrative fine until the period of appeal has expired or, if appeal has been brought, to the appeal Appeals has been made.

  • 2 The suspension of an obligation to pay does not suspend the calculation of statutory interest.


Article 185. Overlapping of criminal proceedings [ Expestablished by 01-07-2009]

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Article 186. Verjaring [ Expiring per 01-07-2009]

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Article 187. Function Separation [ Expired per 01-07-2009]

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Article 188. Possibility of disclosure

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  • 1 The supervisor may, with a view to protecting the interests of the pensior, bring to public notice, if necessary, stating the considerations which led to that notification:

    • a. Violation of the prohibitions under this Act and the offences referred to in Article 201 ;

    • b. the fact of which a designation has been given, the breach of requirement, the fact that the designation was given and the line of conduct to be followed by the pension executor, as well as the name, address and place of residence of the pension exporter; to whom the designation is given;

    • c. the fact of which a charge has been imposed under penalty payments or administrative penalty, the breach of requirement, the fact that the charge has been imposed on the penalty payment or administrative penalty, as well as the name, address and location of the penalty. Offender to whom the charge has been imposed on the penalty payment or administrative penalty;

    • d. the fact that a recovery plan as referred to in Article 138 or Article 140 has been submitted, as well as the name, address and location of the pension fund which has submitted the recovery plan.

  • 2 The rules of our Minister may lay down rules on the exercise of the powers referred to in the first paragraph.


Article 189. Notification of disclosure and content of decision

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  • 1 The supervisor shall, if it decides to issue a public notification as referred to in Article 1 (2), Article 188 the person responsible for the pension in question is informed of the decision.

  • 2 The decision shall contain, in any event, the infringement detected, the content of the notification, the grounds on which the decision is based and the manner in which and the period after which the public notice will be issued.


Article 190. Suspensive effect of disclosure

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  • 1 The placing of public notice shall not take place earlier than after five working days have elapsed after the publication of the decision referred to in Article 189 -to the person concerned.


Article 191. Obligation to publish

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The supervisor shall make a decision on the creation of a trustee under this law after disclosure, unless disclosure of the decision is contrary to or could come with the purpose of exercising it by the supervisor. supervision of compliance with this law.


§ 7.4.2. Authorisation and supervision of cross-border activities of pension funds held in the Netherlands

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Article 192. Authorisation

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The permit, intended to Article 125 (a) , shall be granted on request by the supervisor when the pension fund:


Article 193. Detailed rules and withdrawal of authorisation

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The supervisor may authorise the authorisation provided for in this Directive. Article 125 (a) , withdraw, in whole or in part, or subject to detailed rules where:

  • a. The pension fund no longer meets Article 192 ;

  • b. the information supplied in the application is incorrect or incomplete, and the provision of the correct or complete information would have led to another decision on the application for the authorisation;

  • c. the granting of the authorisation was otherwise incorrect and the fund knew or belonged to it; or

  • (d) of the authorisation for two years, after the day of the day drawing of the decision authorising the authorisation, no use has been made.


Article 194. Cross-border Activity Notification

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  • 1 A pension fund shall inform the supervisor of any intention to receive contributions from a sponsoring undertaking with a seat in a Member State other than the Netherlands.

  • 2 The notification provided for in paragraph 1 shall be accompanied by an indication of:

    • (a) the Member State of which the social and labour law applicable to occupational retirement provision is applicable to the legal relationship between the sponsoring undertaking and the employees or to the person exercising a freedom of appeal;

    • b. the name of the sponsoring undertaking; and

    • c. the main characteristics of the pension scheme that will be implemented for that undertaking.


Article 195. Review and communication of notification

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  • 1 The supervisor shall, within three months of receipt of the information, Article 194, second paragraph , communication of this information to the competent authorities of the Member State of which the social and labour law applicable to occupational retirement provision applies to the legal relationship between the sponsoring undertaking and the employees, unless the pension fund does not have the licence provided in Article 125 , whether the regulator has any reason to doubt that the administrative structure or financial position of the pension fund, or the expertise and reliability of the persons controlling the fund, with the plan envisaged in that Member State activities are compatible.

  • 2 The supervisor shall simultaneously communicate to the fund of transmission of the information to the competent authorities referred to in the first paragraph.

  • 3 The supervisor shall communicate to the fund of information on the relevant provisions of social and labour legislation received from the competent authorities referred to in paragraph 1.


Article 196. Implementation of cross-border activity

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  • 2 The pension fund shall, when implementing the pension scheme, take the social and labour law applicable to occupational retirement provision and the rules applicable under Articles 11 and 18, seventh paragraph, of the pension scheme. Directive 2003 /41/EC must be complied with. Dutch social and labour law does not apply to the implementation of the pension scheme.


Article 197. Prohibition on cross-border activity

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  • 1 The supervisor forbids a pension fund from receiving contributions from a firm with a seat in another Member State when the regulator has reason to doubt as intended in the Article 195, first paragraph , whether the fund does not possess a licence as intended in Article 125 (a) .

  • 2 The supervisory authority may forbid a fund to receive further contributions from a sponsoring undertaking with its registered office in another Member State if the competent authorities of the Member State of which the occupational retirement provision is in force social and labour law applicable, mention has been made of an infringement of the applicable social and labour law.

  • 3 The supervisor shall impose a prohibition as referred to in this Article in the form of a designation as referred to in this Article. Article 171 .


Article 198. Measures to combat infringements of social and labour law

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The supervisory authority, in coordination with the competent authorities of the Member State whose social and employment law applicable to occupational retirement provision is subject to the pension scheme, shall take the necessary measures to ensure that a pension fund puts an end to an established breach of the applicable regulations.


§ 7.4.3. Supervision of cross-border activities of pension institutions from another Member State

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Article 199. Conditions under the Netherlands pension scheme

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It shall be prohibited to accept a pension institution from another Member State from contributions from a sponsoring undertaking in the Netherlands without:

  • (a) a licence issued for that purpose by the competent authorities of the Member State in which the pension institution of another Member State has its registered office; and

  • (b) the competent authorities of the Member State in which the pension establishment has registered its seat of the intention to implement a pension scheme for a sponsoring undertaking established in the Netherlands.


Article 200. Information on applicable social and labour law

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  • 1 The supervisor informs, within two months from the date of receipt of data as intended Article 194, second paragraph The competent authorities of the Member State in which the pension institution from another Member State has its registered office and which provided it, on the provisions of the Dutch social and labour law applicable to the Member State concerned, shall be Pension scheme which is contributed by the sponsoring undertaking in the Netherlands.

  • 2 The supervisor shall notify the competent authorities referred to in paragraph 1 of any significant change in the social and labour legislation applicable to the pension scheme which may have an impact on the characteristics of the Pension scheme.


Article 201. Non-compliance with applicable regulations

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Where the supervisor proves that a pension institution from another Member State is in a position to implement a pension scheme which is contributed by a sponsoring undertaking in the Netherlands, contrary to the Dutch social and social security The supervisory authority shall inform the competent authorities of the Member State in which the pension institution has its registered office of this notification to the pension institution of another Member State without delay.


Article 202. Enforcement powers

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  • 1 If a pension institution from another Member State continues to infringe the Dutch social and labour legislation applicable to the pension scheme, in spite of the competent authorities of the Member State in which the pension institution is based any other Member State has its seat taken or because those competent authorities have not taken appropriate measures, the supervisor may, after having informed those competent authorities, take appropriate action to breach the pension institution's compliance with the applicable regulations to stop and, to the extent necessary, to prevent the pension institution from carrying out activities for the Dutch sponsoring undertaking.

  • 2 The supervisor may, for the execution of the first member, the powers specified in the Articles 171 , 175 and 176 Apply.


§ 7.5. Other tasks and powers

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Article 203. Providing, collecting, and editing policy-based information

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  • 1 The supervisor shall, upon request, provide the Minister with all the information and information necessary for the pension policy to be carried out by Our Minister and to examine the adequacy of this law.

  • 2 The supervisor shall manage a database for the purpose of carrying out the task referred to in paragraph 1, shall draw up an information plan and a management plan, and forward these plans to our Minister. The supervisor shall send changes to the information plan and management plan to our Minister.

  • 3 Pension exporters and employers shall, upon request and free of charge, provide the supervisor with all the information and information it needs to carry out the task described in the first paragraph.

  • 4 In the case of, or under general management, rules shall be laid down concerning the data and information to be drawn up in the database, the way in which the data and information are processed and managed and the institutions to whom information is to be taken from the data from the database shall be provided.


Article 204. Obligation of professional secrecy

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  • 1 It shall be prohibited any person who, by virtue of the application of this Law or of acts adopted pursuant to this Law, fulfils or has carried out any duties, shall be prohibited from confidential information or information under that law or any information under that law. Section 5.2 of the General Administrative Law have been provided or obtained or obtained from a person or body as referred to in Article 203, third paragraph , below 205, 1st Member , to be received, further or otherwise known, or to be known further or otherwise than for the execution of his task or required by this law.

  • 2 By way of derogation from the first paragraph, the supervisor may, using confidential information or information obtained in the performance of its task under this law, make communications, if these cannot be traced back to the national court. individual persons.

  • 3 By way of derogation from the first member, the supervisor may, using confidential data or information obtained in the performance of its task under this law, obtain comparable, non-aggregated statistical data from to publish pension funds, in order to provide an insight into the financial situation of those pension funds.

  • 4 In the case of general management measures, detailed rules on the information which may be published by the supervisor shall be laid down, on the publication and time-limits to be used prior to it.


Article 205. Information or information to other supervisors

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  • 1 The supervisor may, by way of derogation from Article 204, first paragraph , confidential data or intelligence obtained in the performance of its task under this Law, shall provide it to the other supervisory authority or a regulatory body, unless:

    • a. The purpose for which the confidential data or intelligence is to be used is not sufficiently defined;

    • b. the intended use of the confidential data or intelligence does not fit within the framework of the supervision of pension execs;

    • c. the provision of the confidential data or intelligence would not be tolerated by the Netherlands law or the public policy;

    • (d) the confidentiality of confidential data or intelligence is not sufficiently guaranteed;

    • e. the provision of the confidential data or intelligence is, or could be, reasonably contrary to the interests which this law seeks to protect; or

    • f. Insufficient guarantee that the confidential data or intelligence will not be used for any purpose other than that for which it is provided.

  • 2 In so far as the information or information referred to in paragraph 1 has been obtained from a regulatory body, the supervisor shall not provide it to the other supervisor or to any other supervisory authority, unless the information or information provided by the supervisory authority is not available to the other supervisory authority. supervisory authority whose data or information has been obtained expressly to provide the data or intelligence and, where appropriate, has agreed to use for a purpose other than the one for which the information or intelligence has been information or information has been provided.

  • 3 If a regulatory body to the supervisor who provides the confidential data or information under the first or second member requests that confidential data or intelligence be allowed to use it for another The supervisor shall, on request, only provide that request with:

    • a. if the intended use is not in conflict with the first or second member; or

    • b. insofar as that regulatory body provides otherwise than in this Act from the Netherlands, having regard to the relevant legal procedures for that other purpose the decision on such data or information could be obtain; and

    • c. after consultation with our Minister of Security and Justice if the application referred to in the introductory sentence relates to an investigation of criminal offences.

  • 4 The Financial Markets Authority or the organisational part of the Netherlands Bank N.V. which is responsible for the Article 151, third paragraph This task may provide confidential information or information to the organisational part of the Netherlands Bank N.V. which is responsible for the performance of its monetary task, in so far as the confidential information or information is useful. for the exercise of that task.

  • 5 The first to third paragraphs shall apply mutatis mutandis to the exchange of confidential data or intelligence between the supervisory parts of the supervisory authority with different tasks.


Article 205a. Information to be provided to the European Insurance and Occupational Pensions Authority

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  • 1 The entry in the register referred to in Article 210 , in which Member States a pension fund scheme is to be carried out by the supervisory authority to the European Insurance and Occupational Pensions Authority.

  • 2 The supervisor shall inform the European Insurance and Occupational Pensions Authority of a decision to prohibit the activities of a pension fund.


Article 206. Provision to other persons with tasks under this Act

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  • 2 The supervisor shall not provide confidential information or intelligence as referred to in paragraph 1:

    • a. Where the provision of the confidential data or intelligence is or could reasonably be contrary to the interests which the law seeks to protect;

    • b. if the confidential data or intelligence has been obtained from the other supervisor or a supervisory authority, and this other supervisor or that supervisory authority does not agree to provide the confidential information or intelligence.

  • 3 The liquidator appointed in the bankruptcy of a pension exporter may, by way of derogation from Article 204, first paragraph , providing confidential information or intelligence as referred to in paragraph 1 to the courts, insofar as they do not relate to an undertaking which has been or has been involved in an attempt to enable the person responsible for the pension scheme to be able to to pursue its activities.

  • 4 Article 204, first paragraph , without prejudice to the applicability of the provisions of the Law of Civil Procedure which relate to a declaration of information or information obtained in the performance of its position as a witness or party to a party or party in civil matters or as an expert in civil matters. to the extent that it is confidential data or information about a pension exporter who has been declared bankrupt or has been dissolved on the basis of a court ruling. The preceding sentence does not apply to confidential data or intelligence related to an undertaking that has been or has been involved in an attempt to enable the relevant pension exporter to conduct its activities. -to continue.


Article 207. Provision of information for the purposes of criminal investigations

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  • 1 The supervisor may, by way of derogation from Article 204 Any confidential information or information obtained in the performance of the task entrusted to it pursuant to this Law shall be communicated to a body responsible for the exercise of criminal powers or to an expert who is responsible for the exercise of such powers. such a body has been entrusted with a mandate to the extent that the required data or information is necessary for the performance of that contract.

  • (2) If the authority referred to in paragraph 1 has the intention of giving effect to the authority to the supervisor of the extradition of an object for seizure or the power to recover from the contract, the competent authority of the the inspection of, or a copy of, documents as intended Article 96a , 105 or 126a of the Code of Criminal Procedure , or Article 18 or 19 of the Law on Economic Crimes , and the claim relates to confidential data or intelligence as provided for in Article 204, first paragraph , prior to the exercise of its competence, the authority shall give the supervisor the opportunity to express its views on the matter.


Article 208. Provision to other persons

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  • 1 The supervisor may, by way of derogation from Article 204, first paragraph , confidential information or information obtained in the performance of the task entrusted to it pursuant to this Act, shall supply:

    • a. An accountant who conducts the investigation into the states, intended in Article 147, fifth paragraph , or which is responsible for carrying out statutory audits of the annual accounts of a pension exporter in so far as the confidential data or information relating to that person's pension is and is necessary for the purposes of the audit; or

    • b. An actuary conducting the investigation into the States referred to in Article 147, fourth paragraph , or which is responsible for the statutory audit of a pension exporter, to the extent that the confidential data or information related to that pension executor is necessary and necessary for the purpose of the audit.

  • 2 The supervisor shall not provide confidential data or information under the first paragraph where:

    • a. The purpose for which the confidential data or intelligence is to be used is not sufficiently defined;

    • b. the intended use of the confidential data or intelligence does not fit within the framework of the supervision of pension execs;

    • c. the provision of the confidential data or intelligence would not be tolerated by the Netherlands law or the public policy;

    • (d) the confidentiality of confidential data or intelligence is not sufficiently guaranteed;

    • e. the provision of the confidential data or intelligence is, or could be, reasonably contrary to the interests which this law seeks to protect; or

    • f. Insufficient guarantee that the confidential data or intelligence will not be used for any purpose other than that for which it is provided.

  • 3 In so far as the information or information referred to in paragraph 1 has been obtained from a regulatory body, the supervisor shall not provide it to the other supervisor or to any other supervisory authority, unless the information or information provided by the supervisory authority is not available to the other supervisory authority. supervisory authority whose data or information has been obtained expressly to provide the data or intelligence and, where appropriate, has agreed to use for a purpose other than the one for which the information or intelligence has been information or information has been provided.

  • 4 If a body or person referred to in the first member, to the supervisor who has provided the confidential data or intelligence on the basis of that member, requests that confidential data or intelligence be used for a the supervisor shall grant that request only in:

    • a. if the intended use is not in conflict with the first, second or third members; or

    • b. to the extent that such body or person provides otherwise than in this Act with due regard for the relevant statutory procedures for the purpose of obtaining that information or information from that other purpose; and

    • c. after consultation with our Minister of Security and Justice if the application referred to in the introductory sentence relates to an investigation of criminal offences.


Article 209. Periodic consultations with stakeholders

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The supervisor shall organise consultations with stakeholders on pensions at least once a year.


Article 210. Managing register pension funds

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The supervisor shall manage a register in which all pension funds with a registered office in the Netherlands are registered. The register shall, where applicable, indicate in which Member States a fund shall implement pension schemes.


Article 211. Cooperation with supervisors other Member States and European Commission

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The supervisor shall be required to cooperate closely with the European Commission and the competent authorities from Member States other than the Netherlands, in accordance with Directive 2003 /41/EC .


Article 212. Waiver

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  • 1 The supervisor may, on request, in special cases of the provision of, or Article 147, first and second paragraphs , grant an exemption if he considers that the interests of the persons involved in a pension scheme are sufficiently guaranteed.

  • 2 The supervisor may, on request, in special cases of the provision of, or under Articles 99 to 102 , 115, first paragraph , and 115b, 1st Member derogation, where the pension fund also carries out pension schemes which are subject to the social and labour legislation of another Member State.

  • 3 The derogation is granted by decision.


Article 213. Detailed rules on exemption

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  • 1 The derogation may be granted under restrictions.

  • 2 Provisions may be attached to the exemption.

  • 3 The derogation may be withdrawn where:

    • a. one or more of the reasons why it has been granted or have been expired;

    • (b) after the grant of such facts or circumstances, or have been found to be that, if they had been known at the time of the grant, the waiver would not have been granted or would not have been granted in that form;

    • (c) one or more of the associated requirements is not complied with.

  • 4 The regulator shall adopt policy rules on the granting of a derogation.


§ 7.6. Other provisions

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Article 214. Information provision States-General

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  • 2 The obligation to forward every five years a report to the two Chambers of the States-General for the purpose of assessing the effectiveness and effectiveness of the functioning of an independent administrative body, Article 39 (1) of the Framework Law on independent administrative bodies , with regard to the functioning of the supervisor under this law, it is the responsibility of our Minister.


Article 215. Criminal penalties

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  • 2 A fine of the second category shall be subject to penalties for breach of rules laid down by this Act by a general measure of management, where expressly referred to as a criminal offence within the meaning of this Law.

  • 3 The offences set out in or pursuant to this Article shall be offences.

Chapter 8. Legal proceedings

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§ 8.1. Civil litigation

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Article 216. Civil disputes in general

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Cases relating to claims arising from a pension agreement, an implementing contract, an implementing regulation or a pension regulation shall be dealt with and decided by the court judge.


Article 217. Professional body of responsibility or interested party in the office of the office of the office of staff

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  • 1 The body of responsibility or the interested party may appeal to the Amsterdam Court of Justice against a decision on a matter referred to in the Court of Justice of the European Union. Article 115a, third paragraph Other Article 115c, first paragraph , if:

    • a. the responsibility body or the stakeholder body in respect of that decision has not been given the opportunity to deliver an opinion before the decision;

    • (b) that decision is not in accordance with the opinion of the responsible body or body; or

    • Facts and circumstances have become known that they may have been known to the responsibility body or body at the time of the release of its opinion, could have led to the opinion not to issue that opinion as it was released.

  • 2 The appeal shall be filed by application, within eight weeks of being notified of the decision of the responsible body or the interested body of the decision.

  • 3 The pension fund shall be informed of the appeal.

  • 4 The request shall be inadmissible if an indication has been given by the supervisor in respect of the same matter.

  • 5 The appeal may be brought only in respect of the fact that the pension fund could not reasonably have been able to reach its decision on the balancing of the interests concerned.

  • 6 The company's office handles the request with the greatest urgency. Before deciding on its own motion, it may also hear experts, as well as persons employed by the pension fund. If the company's office is founded, it may, if the responsible institution or the interested party concerned so request, make one or more of the following provisions:

    • (a) the imposition of the obligation on the pension fund to repeal the decision in whole or in part, and to reject the consequences of that decision;

    • (b) the imposition of a prohibition on the pension fund to carry out or carry out acts in implementation of the decision or parts of the pension fund.

  • 7 The pension fund must comply with the provision in question; however, a provision may not affect rights acquired by third parties.

  • 8 The business office may suspend its decision on a request for the provision of provisions for a period to be determined by the latter, if the two parties so request, or if the pension fund takes on its own decision. the action is brought, revoke or alter, or reverse certain consequences of the decision.

  • 9 After the application has been lodged, the office of office may, without delay, make provision for provisional arrangements. The third sentence of the sixth paragraph and the seventh paragraph shall apply mutatis mutandis.

  • 10 An order of the Enterprise Chamber shall be open to appeal only in cassation.

  • 11 The costs of conducting legal proceedings by the responsible institution or body shall be borne by the pension fund if they are reasonably necessary for the performance of the task of the responsible institution or the stakeholder body and the pension fund of the costs to be incurred have been informed in advance. In legal proceedings between the pension fund and the responsibility body or the interested party's body, the administrative or stakeholder body cannot be ordered to pay the costs of the proceedings.


Article 218. Profession minority participation council in the enterprise room [ Expr. by 07-08-2013]

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Article 219. Survey

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  • 1 The responsibility body, the stakeholder body or supervisory board may request under the right of inquiry, intended in accordance with the rules. Section 2 of Title 8 of Book 2 of the Civil Code , submit to the works room of the Amsterdam court.

  • 3 The costs relating to the submission of the request referred to in paragraph 1 shall be borne by the pension fund if they are reasonably necessary for the performance of the responsibility of the responsible body, the the supervisory authorities or the supervisory board and the pension fund of the costs to be incurred have been informed in advance.


§ 8.2. Administrative disputes [ Expired by 01-01-2013]

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Article 220. Legal course at Rechtbank Rotterdam [ Verfell by 01-01-2013]

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Chapter 9. Other and final provisions

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Article 220a. Transitional duty

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  • 1 If a pension fund for the date of entry into force of Article I, Section E of the Pensions Collecting Act 2012 has transferred to an insurer on the basis of a capital contract as referred to in Article 148a the prohibition of insurance on the basis of a capital contract referred to in Article 148a shall apply after the expiry of the contract or an extension thereof but not later than five years from the date of entry into force of Article I, Section E, of the Collecting Act pensions 2012.

  • 6 A pension fund which in the first year after the date of entry into force of the Article I, Section P, of the Financial Review Framework Act does not satisfy the at or under Article 132 require a recovery plan on the basis of: Article 138 With the pension fund, by way of derogation from Article 138, second paragraph, works out how it will comply with Article 132 within 12 years. A pension fund which, in the second year after the date of entry into force of Article 1 (P) of the Financial Review Framework Act, does not meet the requirements imposed by or pursuant to Article 132, shall set up a recovery plan on the basis of Article 2 (1) of the Act of Accession of the European Union Article 138 or Article 139 With the pension fund, by way of derogation from Article 138, second paragraph, or Article 139, second paragraph, shall work out how it will comply with Article 132 within 11 years. Where a pension fund has established a recovery plan with a 12-or 11-year time limit, Article 139, second paragraph, in so far as it concerns the use of an equal term for recovery plans, shall apply from the fourth year after the date of expiry of the recovery plan. on the entry into force of Article I, Section P, of the Financial Review Framework Act.

  • 8 Article 51 shall be applicable from a date to be determined by royal decree to pension beneficiaries who have become pension beneficiaries from that date.

  • 10 A before the date of entry into force of Article I (A) (3) of the General Pension Fund Act existing pension fund which, at the time of the entry into force of Article 1 (A) (3) of the Law-general pension fund, does not comply with the definition of pension fund specified in Article 1 Since it is not a foundation, it shall be assimilated to a pension fund as referred to in Article 1.

  • 11 If another pension executor is a general pension fund Article 84 applicable mutatis mutandis.

  • 13 By way of derogation from Article 70, third paragraph , is the pension exporter required to make use of the scheme at the request of the pensioner who used the scheme as of 8 July 2015. Article 2, ninth paragraph -the part of the capital which has not yet been used for the purchase of a lifetime benefit to another pension exporter for the purpose of the purchase of a lifetime benefit.


Article 221. Evaluation determination

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Within five years of the entry into force of this Act, our Minister shall send to the States-General a report on the effectiveness and effects of this law in practice in the field of communication, supervision and administrative burdens.


Article 222. Entry of

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The articles of this 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.


Article 223. Citation Title

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This law is cited as: Pension law.

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 2006

The Minister of Justice,

E. M. H. Hirsch Ballin