Legislative developments regarding pension commitments for the transposition of a community directive

NOV 07 / 2018

Transposition de la directive européenne 2014/50 / UE du Parlement européen et du Conseil sur la protection des engagements de pension des travailleurs.

On September 4, 2018, Royal Decree-law 11/2018 of August 31 was published in the BOE, which, among other matters, carried out the transposition of EU Directive 2014/50 / EU of the European Parliament and of the Council, dated April 16, 2014, regarding the protection of commitments for workers' pensions.

The regulation itself justifies the formula of the Royal Decree-law for its approval, "Given the seriousness of the consequences of continuing to accumulate delay in the incorporation into the Spanish Legal System of such directive ...".

In short, the Spanish legislator, has resorted to the formula of the Royal Decree-law, for reasons of urgency, to avoid infringements that the European Commission may impose, in the procedures that already had open, for the delay in which it was incurring, to incorporate the directives on the matter, in accordance with the imperative mandate of the Commission itself.

Directive 2014/50 / EU of the European Parliament and of the Council, of April 16, 2014 object of this transposition, established the minimum requirements to reinforce the mobility of workers between member states by improving the acquisition and maintenance of complementary pension rights, in order to reduce obstacles to such mobility.

But it should be noted that in the transposition to Spanish legislation, the legislator has chosen to extend its application to all workers, including those who move within the Spanish State.

This transposition of the Community norm in our legislation entails the modification of the revised text of the Law regulating pensions plans and funds, approved by Royal Legislative Decree 1/2002 of November 29.

In particular, the most notable developments that the Spanish legislator has included, in the transposition of the aforementioned Community Directive, when approving the Royal Decree-Law of which we have been speaking, refer to the following: limitation of waiting periods and acquisition of rights, setting a minimum age limit for the acquisition of rights, reimbursement of premiums or contributions in case of early termination of the employment relationship, maintenance of rights before said termination and obligation of information to the workers on the conditions of acquisition of amount of rights after the cessation.

Regarding the specific modifications, they generally affect the First Additional Provision of the Law of Regulation of Pension Plans and Funds, which in their most relevant points, will now establish the following:

1. Pension commitments assumed by companies

2. Insurance contracts to serve this purpose must have the following requirements.

3. In the pension commitments related to retirement without tax imputation to the worker

4. In case of dismissal of insured workers

5. In insurance contracts, other than social security plans