Legal provisions of COM(1997)486 - Safeguarding the supplementary pension rights of employed and self- employed persons moving within the EU - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(1997)486 - Safeguarding the supplementary pension rights of employed and self- employed persons moving within the EU. |
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document | COM(1997)486 ![]() |
date | June 29, 1998 |
Contents
- CHAPTER I - OBJECTIVE AND SCOPE
- Article 1
- Article 2
- CHAPTER II - DEFINITIONS
- Article 3
- CHAPTER III - MEASURES FOR SAFEGUARDING THE SUPPLEMENTARY PENSION RIGHTS OF WORKERS MOVING WIRHIN THE COMMUNITY
- Article 4 - Equality of treatment as regards preservation of pension rights
- Article 5 - Cross border payments
- Article 6 - Contributions to supplementary pension schemes by and on behalf of posted workers
- Article 7 - Information to scheme members
- CHAPTER IV - FINAL PROVISIONS
- Article 8
- Article 9
- Article 10
- Article 11
- Article 12
CHAPTER I - OBJECTIVE AND SCOPE
Article 1
Article 2
CHAPTER II - DEFINITIONS
Article 3
(a) | ‘supplementary pension’ means retirement pensions and, where provided for by the rules of a supplementary pension scheme established in conformity with national legislation and practice, invalidity and survivors' benefits, intended to supplement or replace those provided in respect of the same contingencies by statutory social security schemes; |
(b) | ‘supplementary pension scheme’ means any occupational pension scheme established in conformity with national legislation and practice such as a group insurance contract or pay-as-you-go scheme agreed by one or more branches or sectors, funded scheme or pension promise backed by book reserves, or any collective or other comparable arrangement intended to provide a supplementary pension for employed or self-employed persons; |
(c) | ‘pension rights’ means any benefits to which scheme members and others holding entitlement are entitled under the rules of a supplementary pension scheme and, where applicable, under national legislation; |
(d) | ‘vested pension rights’ means any entitlement to benefits obtained after fulfilment of the conditions required by the rules of a supplementary pension scheme and, where applicable, under national legislation; |
(e) | ‘posted worker’ means a person who is posted to work in another Member State and who under the terms of Title II of Regulation (EEC) No 1408/71 continues to be subject to the legislation of the Member State of origin, and ‘posting’ shall be construed accordingly; |
(f) | ‘contribution’ means any payment made or deemed to have been made to a supplementary pension scheme. |
CHAPTER III - MEASURES FOR SAFEGUARDING THE SUPPLEMENTARY PENSION RIGHTS OF WORKERS MOVING WIRHIN THE COMMUNITY
Article 4 - Equality of treatment as regards preservation of pension rights
Article 5 - Cross border payments
Article 6 - Contributions to supplementary pension schemes by and on behalf of posted workers
2. Where, pursuant to paragraph 1, contributions continue to be made to a supplementary pension scheme in one Member State, the posted worker and, where applicable, his employer shall be exempted from any obligation to make contributions to a supplementary pension scheme in another Member State.
Article 7 - Information to scheme members
CHAPTER IV - FINAL PROVISIONS
Article 8
Article 9
Article 10
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
They shall inform the Commission of the national authorities to be contacted regarding the application of this Directive.
2. Not later than 25 January 2002 Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.
3. On the basis of the information supplied by Member States, the Commission shall submit a report to the European Parliament, the Council and the Economic and Social Committee, within six years of the entry into force of this Directive.
The report shall deal with the application of this Directive and shall, where appropriate, propose any amendments that may prove necessary.