Perspectives of EU Pension Law to Facilitate Worker Mobility and Sustainability of Pensions / Elmar Schmidt.

Format:

Book

Author/Creator:

Schmidt, Elmar, author.

Language:

English

Subjects (All):

Labor mobility--European Union countries.

Labor mobility.

Physical Description:

1 online resource (290 pages)

Edition:

First edition.

Place of Publication:

The Hague, The Netherlands : Eleven International Publishing, [2020]

Summary:

European pension law is a topic that does not always receive the attention it deserves. For many years, the European Union has made efforts to bring the benefits of the EU single market to the realm of occupational pensions with some remarkable successes. However, some aspects of the EU's pension law and policy remain incomplete for a number of reasons. This book studies European (occupational) pension law from the perspective of a pension scheme member by looking at the prerogatives of the EU in the field of occupational pensions and the history of its involvement with the topic. It then assesses the results of those efforts from a pension scheme member's point of view. It does this not just by examining legislation such as the IORP II Directive or the Supplementary Pension Rights Directive, but also Commission Communications, the legislative processes leading up to adopted legislation and failed attempts at legislation. Finally, it studies the recent PEPP Regulation - a personal pension product that could offer lessons for EU occupational pension law.

Contents:

Intro

Table of Contents

Chapter 1: Introduction

1 Introduction

2 The European Landscape of Occupational Pensions

2.1 Beveridge and Bismarck

2.2 Three Pillars

2.3 The Three Pillars in the EU

3 Context

3.1 Introduction

3.2 A Problem of Demographics

3.3 An Increasingly Mobile Continent

3.4 Economic Challenges

4 European Pension Policy

4.1 Introduction

4.2 Worker Mobility

4.3 Using the Internal Market to Achieve Safe, Adequate and Sustainable Pensions

5 The IORP II Directive and IORPs: an Introduction

5.1 Introduction

5.2 What is an IORP?

5.3 Why Cross-Border IORPs?

5.4 What is the IORP II Directive?

5.5 How Do Cross-Border IORPs Operate?

6 Taking EU-Level Action: The Political Context

7 Research Focus

8 The Main Research Question

Chapter 2: The EU and the Member States' Pension Systems: Legitimising EU Involvement with National Pension Systems

2 The EU and Occupational Pensions

3 EU Powers in the Field of Occupational Pensions

4 Positive Integration

4.2 Legal Bases for Positive Integration

4.3 Alternatives to Legislation: Soft Governance and the Open Method of Coordination

5 Negative Integration

5.1 Judgments of the European Court of Justice

5.2 Negative Integration: The Fundamental Freedoms

5.3 Fundamental Principles and Occupational Pensions

6 Conclusion

Chapter 3: The History and Goals of the EU's involvement in Occupational Pensions

2 History of the EU's involvement in Occupational Pensions

2.1 1991: Communication on Occupational Pensions and First Proposal for a Directive

2.2 1997: The Green Paper on Supplementary Pensions in the Single Market

2.3 1999: A New Communication from the Commission: "Towards a Single Market for Supplementary Pensions.

2.4 Negotiations on the Proposed IORP I Directive: A Struggle for a More Social Directive

2.5 The IORP Directive: Analysis of Its Objectives and Adoption

3 Since the Safeguard Directive and IORP I

4 Summary and Analysis

5 Conclusion

Chapter 4: Cross-Border IORPs and the Pension Scheme Member

Part 1: Pension Scheme Types: Defined Benefit to Defined Contribution and everything in between

Section A: Retirement Income Security

1 Pension Scheme Types: Defined Benefit to Defined Contribution and Everything In Between

1.1 Defined Contribution (DC) Plans

1.2 Defined Benefit (DB) Plans

1.3 Taking Stock of the Scheme Types

2 Securing the 'Promise': Security Mechanisms and IORP II

2.1 Introduction

2.2 Security Mechanisms

3 Security Mechanisms and Cross-Border IORPs

3.2 The Classification of Security Mechanisms in the Case of Cross-Border IORPs

3.3 Towards a Solution

4 Conclusion to Section a

Section B: Prudential Supervision of Cross-Border IORPs

1.1 An Illustration

2 Safeguards in the IORP II Directive

2.1 New Requirements in the IORP II Directive

2.2 Quantitative Requirements

2.3 Governance and Risk Management

2.4 Information Requirements

2.5 Powers of Intervention for Supervisory Authorities

2.6 Conditions Applicable to Cross-Border Transfers

3 Conclusion to Section b

Section C: The Social Function of Occupational Pensions

1.1 Context - An Increasing Social Role for Occupational Pensions

2 The Full Funding Requirement: Does the IORP Directive Encourage Cross-Border Provision of DC over DB Schemes?

2.1 Funding a Cross-Border Scheme

2.2 No Removal of the Requirement, but a Compromise?

2.3 Does the Requirement Make It More Difficult to Operate DB Schemes Across Borders?.

3 Conclusion to Section c: The Social Function of Occupational Pensions 139 Conclusion to Part 1

Part 2: Worker Mobility

1 Introduction: The Obstacles to Worker Mobility and Terminology

2 Portability in Current EU Occupational Pension Law

3 Acquisition and Preservation of Pension Rights: The Supplementary Pension Rights Directive

4 Transferability of Pension Rights

5 Role of the European Court of Justice

6 Conclusion to Part 2

Conclusion to Chapter 4

Chapter 5: Cross-Border IORPs in the Single Market - The Perspective of Pension Providers

2 The Obstacles Faced by Cross-Border IORPs

2.1 Non-Legal Obstacles to the Cross-Border Activity of IORPs

2.2 Legal Obstacles to the Cross-Border Activity of IORPs

3 Social and Labour law

3.2 What is the Origin of the Directive's Deference to National Social and Labour Law?

3.3 The Scope of Social and Labour Law and Prudential Law

3.4 Conclusion

4 The IORP II Directive and the Freedom to Provide Services

4.1 The Freedom to Provide Services

4.2 Restrictions of the Freedom to Provide Services: General

5 Obstacle No. 1 to the Freedom to Provide Services: Compulsory Membership

5.2 The Design of Occupational Pension Systems: A Member State Prerogative within the Limits of EU Law

6 Obstacle No. 2 to the Freedom to Provide Services: Non-Recognition of the IORP by Host State Legislation

7 Obstacle No. 3 to the Freedom to Provide Services: Non-Recognition of the Pension Scheme

8 Obstacle No. 4 to the Freedom to Provide Services: Conditions Applicable to the Transfer of Pension Rights to an IORP from Another Member State

9 Justifying Restrictions on the Freedom to Provide Services: General

9.1 Introduction

9.2 Justifying Discriminatory Measures.

9.3 Justifying Indirectly Discriminatory and Non-Discriminatory Measures

9.4 Justifying Obstacle No. 1: Compulsory Membership

9.5 Justifying Obstacle No. 2: Non-Recognition of the IORP

10 Justifying Obstacle No. 3: Non-Recognition of the Pension Scheme

11 Justifying Obstacle No. 4: Conditions Applicable to the Transfer of Pension Rights to an IORP from Another Member State

Conclusion to Chapter 5

Conclusion on Cross-Border IORPs (Chapters 4 And 5)

Chapter 6: PEPP - A Third-Pillar Complement to Second-Pillar EU Pension Law?

2 What Is a PEPP?

3 The PEPP Regulation

Part 1: The PEPP on the Single Market

4 PEPP Features

4.1 PEPP Product Features &amp

Governance

4.2 PEPP Security Mechanisms

4.3 PEPP Funding

4.4 Guarantees and Biometric Risks

4.5 Costs and Charges

4.6 Increasing Premiums

4.7 Benefit Adjustment Mechanisms

4.8 PEPP Governance

4.9 Analysis and Conclusion

5 Portability

6 Transferability: The Switching Service

7 Could the PEPP be an Alternative to Second Pillar Schemes for Mobile EU Citizens?

8 Conclusion to Part 2

9 Analysis and Conclusion to Chapter 6

Chapter 7: Conclusion

Bibliography.

Notes:

Includes bibliographical references.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

90-5931-568-5

9789059315686