I. – For plans consisting in the constitution of savings converted into an annuity and for each member whose rights have not been liquidated, the ratio between, on the one hand, the value of the capital guaranteed by the insurance company managing the plan on the scheduled liquidation date of the rights acquired by the member and, on the other hand, the sum of this same value, the mathematical reserve of the member’s rights expressed in units of account, less, where applicable, the value of the capital guaranteed by the insurance company managing the plan in respect of one or more units of account, and, for plans governed by Chapter IV of Title III of Book I, the value of the diversification provision units entered in the member’s account, may not be less than a ratio set by order of the Minister for the Economy. Where applicable, the contract provides for the conditions under which the member’s units of the diversification provision or units of account are automatically converted into technical provisions relating to capital commitments expressed in euros in order to verify this ratio.
However, the plan may provide for the member not to comply with this ratio provided that he/she submits a request in accordance with the conditions determined by order of the Minister responsible for the economy.
II – When a plan allows members to request the early liquidation of their rights in the event of invalidity, the amount of the annuity to which they are entitled is determined by taking into account all the individual rights registered in the member’s account prior to the date on which the invalidity is recognised and on the basis of an interest rate and mortality tables determined under the conditions and within the limits set by order of the Minister responsible for the economy.
III – In the event of the death of a member, the individual rights to be entered in the account of any beneficiary or beneficiaries are determined on the basis of the rights entered in the member’s account before the date of knowledge of his death.