ARTICLE
8 August 2013

The Pension Portability Directive

M
Matheson

Contributor

Established in 1825 in Dublin, Ireland and with offices in Cork, London, New York, Palo Alto and San Francisco, more than 700 people work across Matheson’s six offices, including 96 partners and tax principals and over 470 legal and tax professionals. Matheson services the legal needs of internationally focused companies and financial institutions doing business in and from Ireland. Our clients include over half of the world’s 50 largest banks, 6 of the world’s 10 largest asset managers, 7 of the top 10 global technology brands and we have advised the majority of the Fortune 100.
The European Council for Employment, Social Policy, Health and Consumer Affairs has reached an agreement on the European Commission’s proposal for a directive on improving the portability of supplementary pension rights.
Ireland Employment and HR

The European Council for Employment, Social Policy, Health and Consumer Affairs has reached an agreement on the European Commission's proposal for a directive on improving the portability of supplementary pension rights. The Directive was originally proposed in 2005 but subsequently underwent years of amendment.

The statutory pension rights of people working in another Member State have been protected for a number of years. An equivalent protection for occupational or supplementary pension arrangements has never, however, been established. Individuals who move between Member States can potentially lose their pension entitlements under these arrangements due to long qualifying or "vesting" periods. The proposed Directive as agreed will require Member States to implement minimum requirements for the acquisition and preservation of pension rights for people who go to work in another Member State. Although not obligatory, the Commission expects that the Member States will also apply the standards laid down by the directive to internal mobility.

It remains for the European Parliament to adopt the amended proposal and the Council to adopt the Directive.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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