Chapter 5
in forceGeneral provisions regarding pension funds
Section None
General provisions regarding pension funds
A pension fund has a paritarian, an independent or a mixed board. If a pension fund has a mixed board, then this is a paritarian mixed board, an…
In the parity board of an industry-wide pension fund, the stakeholders are represented in as balanced a manner as possible, provided that the…
The independent board of a pension fund consists of at least two directors. The directors are not direct representatives of the stakeholders in the…
The mixed board of a pension fund consists of executive directors and non-executive directors.
The distribution of seats of representatives of employees' associations or employee representatives and representatives of pensioners in the parity…
The board of a pension fund shall, after consultation with the other bodies of the pension fund, ensure the recording of the objectives and policy…
Internal supervision at a sectoral pension fund with a parity or independent board shall be exercised by a supervisory board, unless the sectoral…
The supervisory board or the visitation committee shall consist of at least three natural persons. The members of the supervisory board or the…
At least two natural persons shall determine the day-to-day policy of a pension fund.
The policy of a pension fund is determined or co-determined by persons who are fit in connection with the conduct of the business of the pension fund.
Directors and members of the supervisory board of a pension fund shall have sufficient time available to perform their duties properly. Further rules…
The management report of a pension fund shall report on the composition by age and gender of the accountability body, the stakeholder body and the…
The employer shall ensure that employees who are or have been included on a list of candidates for the accountability body (verantwoordingsorgaan) or…
Any provision that renders membership of the board, the supervisory board, the visitation committee, the accountability body, or the stakeholders'…
Any provision entailing a right of approval by a party that is not a body of the pension fund, regarding a resolution or proposed resolution of the…
The articles of association of a pension fund shall in any event include provisions concerning:
The founders shall notify the supervisory authority of the intended incorporation of an occupational pension fund or an industry-wide pension fund no…
It is prohibited to conduct the business of a general pension fund in the Netherlands without a license granted for that purpose by the supervisory…
A pension fund shall notify the supervisory authority of a proposed merger or demerger of the pension fund no later than three months before the…
The pension fund shall send:
For the conversion of a pension fund into another legal form as referred to in Article 18 of Book 2 of the Civil Code, a statement of no objection…
An occupational pension fund or an industry-wide pension fund with a parity board or a parity mixed or reversed mixed board shall establish an…
The board of the pension fund shall be accountable to the accountability body for the policy and the manner in which it has been implemented.
An occupational pension fund (ondernemingspensioenfonds) or an industry-wide pension fund (bedrijfstakpensioenfonds) with an independent board or an…
The stakeholder body advises the pension fund upon request or on its own initiative on matters concerning the pension fund.
The articles of association of the pension fund may grant the accountability body or the stakeholder body further powers than those mentioned in this…
The pension fund shall notify the accountability body or the stakeholder body in writing as soon as possible whether it will not follow an advice or…
A pension fund shall inform the accountability body or the stakeholder body in writing and without delay regarding:
A pension fund shall allow the members of the accountability body or the stakeholders' body the use of the facilities at its disposal, insofar as…
A pension fund is obliged, at the request of employees or an employees' association, to cooperate in the provision of information to the employees of…
A pension fund shall only perform activities related to pensions and operations associated therewith.
A pension fund may only administer a voluntary pension scheme if it concerns a supplement to a basic pension scheme administered by that same pension…
Rules regarding the implementation of a net pension by a pension fund shall be established by administrative order.
For a basic pension scheme in the form of a contribution agreement which is executed by a pension fund, the employer's contribution shall amount to…
A sectoral pension fund (bedrijfstakpensioenfonds) may enter into an administration agreement with an employer who does not fall within the scope of…
Article 121 shall apply mutatis mutandis to the extension of the scope of a mandatory industry-wide pension fund to an industry or part of an…
If an undertaking no longer forms part of a group to which an occupational pension fund is linked, or a group that falls within the scope of an…
If a corporate pension fund or an industry-wide pension fund administers multiple pension schemes, these pension schemes shall constitute a financial…
A pension fund may offer the possibility of increasing pension entitlements if the part of the pension entitlements arising from this buy-back is…
A pension fund shall only transfer the ownership of a pension fund asset to a pension custodian after it has entered into an agreement with the…
It is prohibited for a pension fund to receive contributions from a contributing undertaking which has its seat in a Member State other than the…