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EU Pensions Law: A Commentary and Practitioner's Guide

EU Pensions Law: A Commentary and Practitioner's Guide

Author: Philip Bennett; Hans van Meerten
Publisher: Edward Elgar Publishing
ISBN: 9781802200218
Published In: December 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 3,315.00

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Description
Contents

Details

Divided into three key parts, this judicious Commentary first identifies the sources of EU pensions law and how EU law directly and indirectly affects pension rights, before considering the legislative background and articles of the IORP II Directive. Finally, it investigates important EU pension law issues, such as the mobility of EU workers and the protection of Pillar 2 employee pension rights.

Key Features:

Examines the impact of EU state aid law on pensions
Discusses the meaning of the ‘prudent person rule’ in Article 19 of the IORP II Directive
Provides a detailed article-by-article analysis of the IORP II Directive, in comparison to the relevant articles of the IORP I Directive
Considers how EU pensions law has been retained in the UK post-Brexit and the effect of the UK Retained EU Law (Revocation and Reform) Act 2023

This Commentary is an essential resource to help practising pension lawyers in the EU and the UK avoid the pitfalls of EU pension law’s interaction with national pension policies and legislation. It is also beneficial for lawyers and policymakers in the EU Commission, EU Member State and UK governments, EIOPA and national competent authorities such as the UK Pensions Regulator and the Dutch Central Bank.

PART I. INTRODUCTION

Structure and context of EU Pensions Law 2

Philip Bennett

The sources of EU pensions law 10

Philip Bennett

The interaction of EU pensions law with national Member State law and, for the UK, retained EU law post-Brexit 39

Philip Bennett

PART II. THE IORP DIRECTIVE IIA BACKGROUND TO THE IORP II DIRECTIVE

Origins of the IORP II Directive 84

Philip Bennett with contributor: Velina Pekova

IIB COMMENTARY ON THE ARTICLES OF THE IORP II DIRECTIVE

Title I – General provisions, Part 1 (Articles 1–5) 94

Hans van Meerten

Title 1 – General provisions, Part 2 (Articles 6–10) 116

Hans van Meerten

Title 1 – General provisions, Part 3 (Articles 11–12) 142

Hans van Meerten

Title 2 – Quantitative requirements: Technical provisions, their funding and regulatory own funds (Articles

13–14) 164

Hans van Meerten

Title 2 – Quantitative requirements: regulatory own funds and solvency margins (Articles 15–18) 178

Philip Bennett

10.

Title 2 – Qualitative requirements: Investment rules (Article 19) 218

Philip Bennett

11.

Title 3 –

Part I – System of governance: Section 1 – General provisions: Articles 20–23 284

Philip Bennett

12.

Title 3 –

Part I – System of governance: Section 2 – Key functions (Articles 24–27) 308

Philip Bennett

13.

Title 3 –

Part I: System of governance: Section 3 – Documents concerning governance (Articles 28–30) 320

Philip Bennett

14.

Title 3 –

Part II: Outsourcing and investment management (Articles 31–32) 339

Hans van Meerten

15.

Title 3 –

Part III – Depositary (Articles 33–35) 352

Philip Bennett

16.

Title 4 – Information to be given to prospective members, members and beneficiaries: Part I – General

provisions (Articles 36–37) 367

Hans van Meerten

17.

Title 4 – Information to be given to prospective members, members and beneficiaries: Part II – Pension

benefit statement and supplementary information (Articles 38–40) 380

Hans van Meerten

18.

Title 4 – Information to be given to prospective members, members and beneficiaries: Part III – Other

information and documents to be provided (Articles 41–44) 396

Hans van Meerten

19.

Title 5 – Prudential supervision: Part I – General rules on prudential supervision (Articles 45–51) 412

Philip Bennett

20.

Title 5 – Prudential supervision: Part II – Professional secrecy and exchange of information (Articles 52–59)

436

Philip Bennett

21.

Title 6 – Final provisions (Articles 60–67) 458

Hans van Meerten

22.

Comparison of Recitals of the IORP I and IORP II Directives 479

Philip Bennett

IIC ADDITIONAL IORP II INSIGHTS

23.

Annexes to the IORP II Directive and general comments on its transposition 497

Philip Bennett

24.

Role and powers of EIOPA 505

Hans van Meerten

25.

Concluding remarks on the IORP II Directive 510

Philip Bennett

PART III. SOME EU PENSION LAW THEMES

26.

Solvency II and insurance company provided pensions 518

Arthur van den Hurk

27.

Prudent person approaches and ESG 539

Arthur van den Hurk

28.

Mobility of workers in the EU and pension rights: Light and shadows under Pillar I 570

Maria Cristina Degoli

29.

The mobility of workers in the EU with regard to the acquisition and safeguarding of their pension rights

under Pillar 2 and Pillar 3 592

Francesco Briganti

30.

EU State aid law and pensions 617

Steven Verschuur and Cecilia Sbrolli

31.

Protection of Pillar 2 employee pension rights on employer insolvency in the EU 637

Philip Bennett and Hans van Meerten

Bibliography 647

Index 662

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