Chapter 4
in forceGeneral provisions regarding the pension provider
Section None
General provisions regarding the pension provider
A pension provider has the task of executing a pension agreement on the basis of an execution agreement or execution regulations.
A pension provider shall organise its organisation in such a manner that sound management is ensured, whereby in any event:
If a pension provider outsources activities to a third party, it shall ensure that this third party complies with the rules established by or…
The pension provider establishes pension regulations in accordance with the pension agreement and the administration agreement or the administration…
The pension provider registers the years of participation of the participants and provides information thereon to the participants and former…
The Employee Insurance Agency (Uitvoeringsinstituut werknemersverzekeringen) reports the incapacity for work of a participant to the pension provider.
The pension provider shall provide the participant annually with:
To the extent applicable, the pension provider shall provide the participant, upon termination of participation, with:
The pension provider shall provide the former participant annually with:
The pension provider shall provide the person who becomes a former partner and acquires an entitlement to a special partner's pension with:
The pension provider shall provide the former partner with an entitlement to a special partner pension at least once every five years with:
The pension provider shall provide the person who becomes the pension beneficiary with:
The pension provider shall provide the pension beneficiary annually with:
The pension provider that is prepared to act as the receiving pension provider shall inform the person who wishes to apply the capital arising from a…
The pension provider shall inform a participant, prior to participation in the voluntary pension scheme, about:
A pension fund shall include in its annual report information on the operating costs (uitvoeringskosten) for the reporting year, distinguishing…
The pension provider shall provide the participant, the former participant, the former partner or the pension beneficiary, upon petition, with:
The pension provider shall make available on its website, at least for the participant, former participant, former partner or pension beneficiary:
The pension provider shall provide participants, former participants and pensioners who establish themselves in another Member State with information…
Prior to the conclusion of an agreement regarding a pension benefit, an insurer prepared to act as the receiving pension provider shall, on the basis…
By or pursuant to an Order in Council (algemene maatregel van bestuur), rules may be established regarding the provision of information by an insurer…
If an insurer advises the person concerned regarding an agreement concerning a pension benefit, the insurer shall explain the considerations…
The information provided or made available by the pension provider shall be correct, clear and balanced. The information shall be provided or made…
The pension provider shall guide the participant, former participant, former partner or pensioner in an adequate manner when making a choice within…
A pension provider shall ensure the adequate handling of complaints from participants, former participants, other persons entitled to pension claims…
A pension provider shall be affiliated with a body designated by Our Minister for the settlement of disputes between participants, former…
The pension provider shall provide the information electronically, in writing or via a website, whereby the provision of information via a website is…
The pension provider may, for the purpose of providing the information in writing as referred to in Articles 38 to 44 inclusive, rely on the last…
There is a pension register, established and maintained by the pension providers. This pension register has the following objectives:
The institution referred to in Article 51, paragraph 6, shall establish a user body composed of users of the pension register. The user body shall…
In the execution of a flexible contribution agreement with investment freedom in the accumulation phase and a contribution-to-benefit agreement…
In the execution of a contribution agreement in the accrual phase, a contribution-benefit agreement insofar as the contribution is invested, or a…
The pension provider, as referred to in Article 52a, shall base its investment policy and the allocation rules for investment risk on the risk…
The pension provider shall pay the benefit arising from a pension right at the request of the pension beneficiary in a Member State of the European…
A pension provider may, for a participant who becomes a former employee, implement a voluntary continuation of the pension scheme, provided that the…
In the case of a solidarity premium agreement or a flexible premium agreement, upon termination of the participation, the assets or capital intended…
If the pension agreement provides for a partner pension, the taking of unpaid leave for a maximum of 18 months by the participant during the…
If the partner relationship of a participant ends by divorce (echtscheiding), the former partner of the participant shall acquire such an entitlement…
If an old-age pension right of a pensioner who has not been a former participant is increased by means of a supplement, the old-age pension right of…
A right of action against a pension provider for the making of a payment does not prescribe during the life of the pension beneficiary.
If a pension scheme based on a pension agreement provides for the accrual of an old-age pension and a partner pension, the pension scheme shall offer…
If a pension agreement provides for an old-age pension, the participant or former participant has the right, with effect from the date on which the…
If a pension agreement provides for an old-age pension and a partner pension on a risk basis, the former participant shall have the right, after the…
If the pension agreement offers the participant or former participant the possibility:
The amount of a pension may vary after its commencement, provided that:
Without prejudice to Article 63, the amount of a variable benefit after the commencement date of the pension may vary due to the processing of…
In the case of a flexible contribution agreement or a contribution-benefit agreement that provides for the payment of a capital to be applied on the…
The supervisory authority may impose an obligation on a pension provider that administers a variable benefit to proceed, within a period to be…
Alienation or any other act by which the person entitled to the pension accrual or the pensioner grants any right to his pension accruals or pension…
Commutation is only possible in the situations referred to in or pursuant to Articles 66 to 69 inclusive.
The pension provider has the right, at the commencement of the old-age pension, to commute a claim to an old-age pension and other claims for the…
The pension provider has the right towards the survivors to commute a right to a partner's pension or orphan's pension for the benefit of the…
The pension provider has the right towards the former partner to commute a claim to a special partner pension if the partner pension benefit on an…
A pension provider is obliged, at the request of the person entitled to a pension, to proceed with the commutation of the part of the pension…
For the purposes of Articles 70a up to and including 92a, a receiving pension provider shall also be understood to include a professional pension…
The pension provider has the right, after termination of participation, to transfer the transfer value of the pension entitlements of a former…
The pension provider is obliged, following a petition for transfer of value by the former participant, to transfer the transfer value of their…
The obligation for the transfer of value referred to in Article 71 shall not apply if, after the transfer of value, the legislation governing…
The obligation to transfer value referred to in Article 71 shall not apply as long as:
By general administrative measure, rules may be established regarding the temporary restriction of the obligation for value transfer referred to in…
The obligation to transfer value referred to in Article 71 shall not apply with respect to pension entitlements placed with:
If the circumstances mentioned in Article 72 are no longer applicable, the duties of the transferring pension provider and the receiving pension…
If, in the situation referred to in Article 71, no obligation for transfer of value exists because:
The pension provider is obliged, following a petition for transfer of value by the former participant, to transfer the transfer value of their…
If, in the situation referred to in Article 76, the circumstances mentioned in Article 72 are no longer applicable, the obligation of value transfer…
If, in the situation referred to in Article 76, no obligation for a transfer of value exists because the participant has not complied with the…
The pension provider is authorised to transfer the transfer value of the former participant's pension entitlements following a petition for value…
The pension provider is obliged, at the request of the participant or former participant, to apply the value of their pension entitlements within the…
A pension fund is authorised, at the request of the participant, former participant or other person entitled to a claim, to directly transfer the…
The insurer is obliged, at the request of the participant, former participant or other person entitled to benefits, to transfer the value of their…
The premium pension institution is obliged to transfer the value of the pension entitlements of the participant, former participant or other person…
The premium pension institution is obliged, at the petition of the participant or former participant within the last fifteen years prior to the…
In the event of a transfer of pension capital on the pension date for the purpose of purchasing a periodic pension benefit, the transferring pension…
The pension provider is authorised to effect a collective transfer of value at the request of the employer or, in the case of industry-wide pension…
The pension provider is obliged to transfer the value to another pension provider upon the liquidation of the first-mentioned pension provider. The…
The pension provider is obliged, following a petition for a transfer of value by the former participant, to transfer the transfer value of their…
The pension provider is obliged, following a petition for transfer of value by the former participant, to transfer the transfer value of his pension…
The pension provider that receives a petition for a transfer of value from a former participant, where the intention is to transfer the value to a…
The pension provider is authorised, at the request of the former participant, to transfer the value of his pension entitlements to a pension…
The pension provider is authorised, at the request of the participant, former participant or other person entitled to benefits, to transfer the value…
The pension provider is authorised, at the request of the employer, to proceed with a collective transfer of value in accordance with Article 83 if…
A pension fund or premium pension institution is, with due observance of Article 90, only authorised to proceed with a collective transfer of value…
If a pension provider receives a petition (application) in the context of a transfer of value to accept a value from a pension institution from…
If a pension provider receives a petition to accept, in the context of a transfer of values, a value from a foreign institution related to a pension…
A pension fund or premium pension institution is authorised to accept a collective transfer of value from a pension institution from another Member…
Information from the personal records database (basisregistratie personen) and information and extracts from the civil status registers (registers…
The citizen service number (burgerservicenummer) may be used by the pension provider in the processing of personal data.
In the case of conditional granting of supplements by an insurer, there must be a consistent whole between the expectations raised, the financing…
A pension provider shall state in its management report whether, during the past financial year:
A seconded employee may continue to participate in the pension scheme during the secondment.
If a participant, former participant or pensioner dies as a result of a cause excluded from the risk and it concerned a partner's pension on an…
Dutch social and labour legislation shall not apply to the extent that a pension provider executes a pension scheme to which the rules governing…