Provisions relating to risks transferred to a supplementary occupational pension fund, an insurance company, a reinsurance company, a mutual insurance company or union governed by Book II of the Mutual Insurance Code or a provident institution or union governed by Title III of Book IX of the Social Security Code may be represented unconditionally by a claim on the fund, company, mutual insurance company or union or institution.
By way of derogation from the first paragraph, the technical provisions relating to risks transferred by a supplementary occupational pension fund to an insurance or reinsurance undertaking having its head office in a State which is not a party to the Agreement on the European Economic Area not recognised as equivalent pursuant to Article 172 of Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) may be represented by a claim on that undertaking, up to the amount guaranteed in accordance with Article R. 332-17.