Supplementary pensions in the Single Market. Green Paper
1997/2158(COS)
In adopting the report by Mr Enrico FERRI (PPE, I) on supplementary pensions, the European
Parliament called on the Commission to submit a proposal for a directive to enable pension funds
to enjoy freedom of investment, lay down their spheres and limits of operations as regards
investment in and outside the Community, the amounts contributed by employers and employees,
and the operating procedures for pension funds to raise capital on Community markets. Operators
should be allowed to exercise the freedom to provide management services in any Member State,
and principles should be laid down governing prudential supervision in accordance with the
European social market model of co-decision and co-determination.
Parliament believed that supplementary pension provision was an important way of supporting
statutory pension insurance and could serve to maintain or improve pensioners' income. It
considered that national governments should assume responsibility for making payments due
under 'first-pillar' social security schemes.
It called for the introduction of a 'European passport' for pension funds, in so far as standard
prudential supervision rules guaranteed the possibility of controls and the co-determination of
persons entitled to pensions and insolvency insurance. Prudence was called for however, and this
meant:
- balance of assets and liabilities;
- diversification of investment;
- maintenance of sufficient liquidity;
- restriction of investment in service providers, including associated companies and subsidiaries;
- involvement of the contributors and sectoral interests;
- clear separation of the employer's assets and the pension fund;
- provision for commitments;
- the implementation of stringent and effective control.
Parliament considered that Community legislation to regulate pension funds should bring about
harmonisation of national provisions relating to actuarial principles and accounting rules, and
employee, employer, government and consumer participation in investment policies.
There should also be harmonisation of final pension provision, to be subject to annual increases,
linked to average earnings or inflation. Occupational pension schemes must not channel surplus
profits back into firms, but use them or set them aside for improvements in the pension schemes.
Parliament urged the Member States to press ahead with the harmonization of fiscal systems for
supplementary pension provision by introducing a separate code of conduct governing a number
of basic taxation principles in this area, such as the tax-deductibility of pension contributions and
pension plans, exemption of pension funds from income and capital taxation on investments and
taxation of final benefits.
It called on the Commission to present a revised version of its proposal of 1987 on equal
treatment of men and women in statutory and occupational social security schemes to lay the legal
basis for individualisation of pension rights and set a flexible retirement age for men and women.
It particularly drew attention to the fact that supplementary pension schemes should be designed
to promote employment and equal treatment.
Parliament stressed the importance of ensuring transfers of pension entitlements from one
employer to another within the same country or between Member States. Such transfers ought
to be possible under capitalisation schemes, on condition that provision was made for preserving
entitlements acquired under other systems. It pointed out in particular that long vesting periods
constituted a distinct barrier to freedom of movement which, despite higher costs for the
undertakings concerned, could be overcome by a long-term reduction to a maximum of five years.
Parliament called on the Commission to draw up a report on speculators and their client base, and
the extent to which supplementary pension provision influenced the employment situation in
Europe. It also called on the Commission to ensure that the future directive stressed the economic
needs of Europe's elderly citizens.�