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Title VIII: Supplementary occupational pension funds

Article R381-1 of the French Insurance Code

The other group insurance schemes referred to in the first paragraph of Article L. 381-1 are as follows: 1° The scheme set up by the Caisse nationale de prévoyance de la fonction publique referred to in Article L. 132-23; 2° The agreement known as the “complémentaire retraite des hospitaliers” referred to in Article L. 132-23; 3° Other optional group schemes designed to cover retirement commitments governed by this Code or…

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Article R382-1 of the French Insurance Code

Articles R. 321-4, R. 321-4-1, R. 321-17, R. 321-18 and R. 321-22 apply to the authorisation of supplementary occupational pension funds. For the application of these provisions, the reference to article L. 321-2 is replaced by the reference to article L. 382-1 and the reference to article L. 321-10-2 is replaced by the reference to article L. 382-3.

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Article R382-2 of the French Insurance Code

Supplementary occupational pension funds authorised in accordance with article L. 382-1 may directly provide, as ancillary insurance forming part of a contract covered by the authorisation provided for in I of article L. 382-1 and intended solely to guarantee payment of the benefits under the contract, supplementary insurance against the risks of bodily injury including occupational disability, accidental death or invalidity following an accident or illness. In this case, the…

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Article R382-3 of the French Insurance Code

For the three financial years following the granting of the authorisations referred to in Article L. 382-1, the supplementary occupational pension fund shall submit to the Autorité de contrôle prudentiel et de résolution, for each half-year, a report on the implementation of the programme of operations referred to in Article L. 382-2. If the fund’s activities do not comply with the programme of operations, the Autorité takes appropriate measures to…

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Article R382-4 of the French Insurance Code

I. – Any supplementary occupational pension fund holding the authorisation referred to in Article L. 382-1 and planning to provide IORP services in the territory of another Member State of the European Union, in accordance with Article L. 382-4, shall notify its plan to the Autorité de contrôle prudentiel et de résolution, together with the documents listed by the Autorité under the conditions set out inArticle R. 612-21 of the…

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Article R382-5 of the French Insurance Code

I.-Where the competent authority of the host Member State communicates to the Autorité de contrôle prudentiel et de résolution both the provisions of that Member State’s social and labour law relating to occupational pension schemes, the rules for the management of these schemes and the customer information requirements which apply to cross-border activity, the Autorité de contrôle prudentiel et de résolution shall transmit this information to the supplementary occupational pension…

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Article R383-1 of the French Insurance Code

The first and second paragraphs of article R. 325-2, articles R. 325-10 to R. 325-12 and I of article R. 325-13 apply to the withdrawal of authorisation of supplementary occupational pension funds. For the application of these provisions : 1° “supplementary occupational pension fund” shall be understood to mean: “undertakings referred to in Article L. 310-2”, “undertakings” or “insurance or reinsurance undertakings”; 2° The reference to Article L. 321-1 is…

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Article R384-1 of the French Insurance Code

Where, in the case of a transfer of the portfolio of contracts referred to in Article L. 384-1, the transferee supplementary occupational pension fund or funds are under the exclusive or joint control of the transferor mutual insurance companies, unions or provident institutions, the assets and liabilities contributed as part of this transaction are entered in the balance sheet of the transferee fund or funds on the basis of their…

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Article R385-1 of the French Insurance Code

I. – The solvency margin referred to in article L. 385-2 is made up, after deduction of losses, the portion of deferred acquisition costs exceeding 25% of the amount of the provision for unearned premiums and other intangible items, by the following items: 1° Paid-up share capital or the formation fund. However, preference shares as defined in article L. 228-11 of the French Commercial Code may only be issued if…

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Article R385-2 of the French Insurance Code

I. – The minimum required solvency margin is determined, according to the nature and type of guaranteed benefits offered in the contracts, in application of the following provisions: 1° For guarantees expressed in euros, with the exception of supplementary insurance or guarantees in the event of incapacity and invalidity, the minimum required solvency margin is calculated in relation to the provisions mentioned in 1° and 4° of article R. 343-3…

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