Notwithstanding article L. 224-20, when a collective company retirement savings plan is set up, the company may decide, under the conditions mentioned in article L. 224-14, to set up compulsory payments mentioned in 3° of article L. 224-2. These compulsory payments may be reserved for one or more categories of employees, provided that these categories are constituted on the basis of the objective criteria mentioned in 4° of II ofarticle L. 242-1 of the Social Security Code. The plan regulations stipulate that the membership of employees in one of these categories is compulsory until the liquidation mentioned in article L. 224-5. When the compulsory payments are set up following a unilateral decision by the employer, employees already present in the company when the plan is set up may, on their own initiative, opt out of the compulsory employee payments.
When a compulsory retirement savings plan is set up, the company may decide, under the conditions mentioned in article L. 224-14, to transform it into a collective company retirement savings plan mentioned in the previous paragraph. This plan covers all the employees of the company and may receive the payments mentioned in 1°, 2° and 3° of article L. 224-2, which may be reserved for one or more categories of employees, provided that these categories are constituted on the basis of the objective criteria mentioned in 4° of II of article L. 242-1 of the Social Security Code.