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
They should be implemented through insurance contracts, including social and business pension plans and collective insurance, through the formalization of a Pension Plan or several of these instruments.
2. Insurance contracts to serve this purpose must have the following requirements.
a. Cover the collective life insurance form, social security plan or collective insurance, in which the insured status will be the worker and the beneficiary the people in whose favor is generated in pensions.
b. The redemption and reduction rights can only be exercised in order to maintain in the policy the adequate coverage of their current pension commitments, or for the exclusive purposes of integration in another insurance contract or in another business social welfare plan or in another pension plan.
c. The amount of the redemption right may never be less than the realization value of the assets of the provisions.
d. In the insurance contracts whose premiums have been imputed to the subjects to which the pension commitments are linked, the economic rights for the early termination of the employment relationship must be provided.
3. In the pension commitments related to retirement without tax imputation to the worker
In the premiums paid by the company, when the acquisition of rights before retirement is foreseen in case of dismissal of the insured worker, the following conditions shall apply:
a. In case of stipulating a minimum waiting period to join the insurance or for the acquisition of rights, the combined total period may not exceed three years.
b. The minimum age of the worker for the acquisition and consolidation of rights shall not exceed twenty-one years.
c. In the case of termination for reasons other than retirement, the worker's rights may not be less than the value of the redemption or reduction rights derived from the retirement contingency premiums paid by the company and by the worker.
d. Workers who leave without meeting the requirements of letter a), may request reimbursement of the premiums paid or the realization value or, as the case may be, the realization value of the assets of the policy of the assets of said premiums.
4. In case of dismissal of insured workers
The acquired economic rights can be maintained in the insurance contract or, if applicable, mobilized to another contract or pension plan.
In cases of insurance that provide for the attribution of economic rights in case of termination of the employment relationship before retirement, its value will be calculated at the time of termination and the worker should receive information regarding their economic rights acquired and the treatment It will be given to you in the future and, if applicable, you will be informed of the possibility of reimbursing the premiums paid for retirement by the worker.
5. In insurance contracts, other than social security plans
The worker may request information about the payment of premiums, the rescues and reductions that affect him, the conditions of acquisition of his rights, the consequences of his dismissal, the value or estimate of his acquired rights and the conditions that will govern in the future in case of cessation.
In summary, the most relevant developments, which have been underlined in this letter, are referred to the minimum period of incorporation to insurance, the minimum age to acquire and consolidate rights, the refund of premiums for early termination and the right of workers to obtain relevant information on these matters.