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Table of 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
1 Introduction
2 The EU and Occupational Pensions
3 EU Powers in the Field of Occupational Pensions
4 Positive Integration
4.1 Introduction
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
1 Introduction
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
1 Introduction
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
3.1 Introduction
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 Introduction
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 Introduction
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
1 Introduction
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
3.1 Introduction
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
5.1 Introduction
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?
1 Introduction
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 &
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
Part 2: Worker Mobility
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.
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
1 Introduction
2 The EU and Occupational Pensions
3 EU Powers in the Field of Occupational Pensions
4 Positive Integration
4.1 Introduction
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
1 Introduction
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
1 Introduction
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
3.1 Introduction
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 Introduction
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 Introduction
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
1 Introduction
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
3.1 Introduction
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
5.1 Introduction
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?
1 Introduction
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 &
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
Part 2: Worker Mobility
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.