Dutch Legislation

Chapter 5

in force

General provisions regarding pension funds

Pensions Act (Pensioenwet) (Pensioenwet) · Articles: 43

Section None

General provisions regarding pension funds

99 Article 99

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…

100 Article 100

In the parity board of an industry-wide pension fund, the stakeholders are represented in as balanced a manner as possible, provided that the…

101 Article 101

The independent board of a pension fund consists of at least two directors. The directors are not direct representatives of the stakeholders in the…

101a Article 101a

The mixed board of a pension fund consists of executive directors and non-executive directors.

102 Article 102

The distribution of seats of representatives of employees' associations or employee representatives and representatives of pensioners in the parity…

102a Article 102a

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…

103 Article 103

Internal supervision at a sectoral pension fund with a parity or independent board shall be exercised by a supervisory board, unless the sectoral…

104 Article 104

The supervisory board or the visitation committee shall consist of at least three natural persons. The members of the supervisory board or the…

105 Article 105

At least two natural persons shall determine the day-to-day policy of a pension fund.

106 Article 106

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.

106a Article 106a

Directors and members of the supervisory board of a pension fund shall have sufficient time available to perform their duties properly. Further rules…

107 Article 107

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…

108 Article 108

The employer shall ensure that employees who are or have been included on a list of candidates for the accountability body (verantwoordingsorgaan) or…

109 Article 109

Any provision that renders membership of the board, the supervisory board, the visitation committee, the accountability body, or the stakeholders'…

110 Article 110

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…

111 Article 111

The articles of association of a pension fund shall in any event include provisions concerning:

112 Article 112

The founders shall notify the supervisory authority of the intended incorporation of an occupational pension fund or an industry-wide pension fund no…

112a Article 112a

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…

112b Article 112b

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…

113 Article 113

The pension fund shall send:

114 Article 114

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…

115 Article 115

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…

115a Article 115a

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.

115b Article 115b

An occupational pension fund (ondernemingspensioenfonds) or an industry-wide pension fund (bedrijfstakpensioenfonds) with an independent board or an…

115c Article 115c

The stakeholder body advises the pension fund upon request or on its own initiative on matters concerning the pension fund.

115d Article 115d

The articles of association of the pension fund may grant the accountability body or the stakeholder body further powers than those mentioned in this…

115e Article 115e

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…

115f Article 115f

A pension fund shall inform the accountability body or the stakeholder body in writing and without delay regarding:

115g Article 115g

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…

115h Article 115h

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…

116 Article 116

A pension fund shall only perform activities related to pensions and operations associated therewith.

117 Article 117

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…

117a Article 117a

Rules regarding the implementation of a net pension by a pension fund shall be established by administrative order.

118 Article 118 repealed
119 Article 119 repealed
120 Article 120

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…

121 Article 121

A sectoral pension fund (bedrijfstakpensioenfonds) may enter into an administration agreement with an employer who does not fall within the scope of…

121a Article 121a

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…

122 Article 122

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…

123 Article 123

If a corporate pension fund or an industry-wide pension fund administers multiple pension schemes, these pension schemes shall constitute a financial…

124 Article 124

A pension fund may offer the possibility of increasing pension entitlements if the part of the pension entitlements arising from this buy-back is…

124a Article 124a

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…

125 Article 125

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…