Chapter IV: Supplementary provident and pension contracts taken out by associations

I. – For each plan, the statutory auditor(s) of the insurance undertaking certify that the annual accounts of the plan are true and fair. II – The statutory auditor(s) will be invited to attend the meeting of the plan’s supervisory committee at which the latter will issue an opinion on the plan’s annual accounts. On this occasion, the Statutory Auditor(s) shall inform the Supervisory Committee of: 1° The checks and…

Any retrocession of commission received for the financial management of a plan by the insurance company, by its delegated managers, including in the form of a collective investment undertaking, or by the custodian of the plan’s assets, is fully acquired by the plan. All popular retirement savings plans stipulate that the insurance company, its delegated managers, if any, including in the form of a collective investment undertaking, shall not pay…

I. – The insurance undertaking and any agents it appoints to manage the financial aspects of the plan shall exercise the voting rights attached to the securities held to represent the commitments of the plan in the interests of the annuity entitlements of the members, whether these entitlements are in the process of being constituted or in payment. II – When the insurance undertaking directly or indirectly delegates the financial…

Reinsurance treaties relating to commitments entered into under this plan stipulate that the assignees agree to submit to documentary and on-site inspections and expert appraisals carried out by the plan’s supervisory committee and that the assignees’ managers and auditors are required to respond to any request for information made by this committee. Substitution agreements as defined inarticle L. 211-5 of the Mutual Code may not relate to all or part…

An individual account is opened for each member when he/she joins a plan. This account records the premiums and contributions paid and their payment dates or, in the event of a transfer, the amounts transferred and their transfer dates, as well as the mathematical reserves, distinguishing between the portion of these reserves relating to commitments expressed in units of account and the portion relating to commitments expressed in euros, as…

For operations not covered by Chapter IV of Title III of Book I, the insurance undertaking may deduct charges : 1° on contributions paid in or amounts transferred into or out of the plan by members ; 2° On amounts resulting from conversions between rights expressed in euros and those expressed in units of account; 3° on the amount of members’ individual rights; 4° on the performance of the financial…

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…

I. – Articles I to IV of article D. 132-7, article D. 132-8 and article D. 132-9 apply to the procedures for the individual transfer of a member’s rights to another plan. II – In the event that the transfer value of the mathematical reserves or diversification reserve units exceeds the proportion of the assets representing them, the contract may provide for this transfer value to be reduced accordingly, without…

Subject to the third paragraph of I of article L. 144-2, II of article R. 134-10 and article R. 134-11, as well as article R. 134-12 apply to each subsidiary account and no fidelity guarantee not payable by the insured at the time of the transfer or any gratuitous benefit may be stipulated.

The annual report referred to in III of Article L. 144-2 shall give an account of a) New memberships in the plan, and the flow of contributions and benefits paid during the financial year; b) Operations relating to the promotion and marketing of the plan carried out during the financial year; c) Claims by members of the plan and any other disputes or proceedings brought by the insurance company in…