BETA

33 Amendments of Anneliese DODDS related to 2014/0091(COD)

Amendment 273 #
Proposal for a directive
Recital 2 a (new)
(2a) This minimum harmonisation Directive should fully respect the principles of subsidiarity and proportionality and should not preclude Member States from maintaining or introducing further provisions in order to protect members and beneficiaries, provided that such provisions are consistent with Member States' obligations under Union law. This Directive should not concern issues of national social, labour and tax law, and contract legislation nor the adequacy of pension provisions in Member States.
2015/10/05
Committee: ECON
Amendment 312 #
Proposal for a directive
Recital 9
(9) In accordance with the principle of subsidiarity, Member States should retain full responsibility for the organisation of their pension systems as well as for the decision on the role of each of the three ‘pillars’ of the retirement system in individual Member States. In the context of the second pillar, they should also retain full responsibility for the role and functions of the various institutions providing occupational retirement benefits, such as industry-wide pension funds, company pension funds and life-assurance companies. This Directive is not intended toshould not call thise prerogative of Member States into question.
2015/10/05
Committee: ECON
Amendment 322 #
Proposal for a directive
Recital 12
(12) Financial institutions which already benefit from a Union legislative framework should in general be excluded from the scope of this Directive. However, as these institutions may also in some cases offer occupational pension services, it is important to, as set out in recital 60a, which ensures that this Directive does not lead to distortions of competition. Such distortions may be avoided by applying the prudential requirements of this Directive to the occupational pension business of life-assurance companies. The Commission should also carefully monitor the situation in the occupational pensions market and assess the possibility of extending the optional application of this Directive to other regulated financial institutions.
2015/10/05
Committee: ECON
Amendment 345 #
Proposal for a directive
Recital 20 a (new)
(20a) Institutions for occupational retirement provision are a vital part of the European economy, holding assets worth €2.5 trillion on behalf of around 75 million Europeans.
2015/10/05
Committee: ECON
Amendment 399 #
Proposal for a directive
Recital 41
(41) It is essential that institutions improve their risk management so that potential vulnerabilities in relation to the sustainability of the pension scheme can be properly understood and discussed with the competent authorities. Institutions should, as part of their risk management system, produce a risk evaluationassessment for their activities relating to pensions. That risk evaluationassessment should also be made available to the competent authorities. In that evaluation institutions should provide among oth, and should cover, inters a qualitative description of key elements determining their funding position in accordance with national law, the effectiveness of their risk- management system and the ability to comply with the requirements regarding technical provisions. This risk evaluation should include new or emerging risks, such as risks related to climate change, resource use or the environmentlia, environmental, social and governance risks.
2015/10/05
Committee: ECON
Amendment 408 #
Proposal for a directive
Recital 45
(45) The safe-keeping and oversight duties related to the assets of institutions should be strengthened by clarifying the depositary’s roles and duties. Only iInstitutions operating schemes where members and beneficiaries bear all the risks and where equivalent protections are not already in place, should be required to appoint a depositary.
2015/10/05
Committee: ECON
Amendment 418 #
Proposal for a directive
Recital 48
(48) For the institution's members that have not yet retired, institutions should draw up a standardised pension benefit statement containing key personal and genericappropriate and relevant information about the pension scheme. The pension benefit statement should have a standard format in order to facilitate the understanding of pension entitlements over time and across schemes and serve labour mobility.
2015/10/05
Committee: ECON
Amendment 434 #
Proposal for a directive
Recital 60 a (new)
(60a) The further development at Union level of solvency models, such as the Holistic Balance Sheet (HBS), is not realistic in practical terms and not effective in terms of costs and benefits, particularly given the diversity of institutions within and across Member States. No quantitative capital requirements - such as Solvency II or Holistic Balance Sheet models derived therefrom - should therefore be developed at the Union level with regard to institutions for occupational retirement provision, as they could potentially decrease the willingness of employers to provide occupational pensions.
2015/10/05
Committee: ECON
Amendment 443 #
Proposal for a directive
Article 5 – paragraph 1
With the exception of Articles 34 to 37 20, 22(1-5), 32-34, 35(3), 38 and 39, Member States may choose not to apply this Directive, in whole or in part, to any institution located in their territories which operates pension schemes which together have less than 100 members in total. Subject to Article 2(2), such institutions shall nevertheless be given the right to apply this Directive on a voluntary basis. Article 12 may be applied only if all the other provisions of this Directive apply.
2015/10/20
Committee: ECON
Amendment 525 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1 – point a
(a) the assets shall be invested in the long- term best interests of members and beneficiaries as a whole. In the case of a potential conflict of interest, the institution, or the entity which manages its portfolio, shall ensure that the investment is made in the sole interest of members and beneficiaries;
2015/10/20
Committee: ECON
Amendment 527 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) in doing so, the institution is empowered to have regard to: (i) the likely long-term consequences of any investment decisions; (ii) the impact of any investment activities on financial stability and the wider economy, as well as on communities and the environment; (iii) environment, social and governance implications as part of the return on investment; (iv) the views, including the social and ethical views, of the beneficiaries;
2015/10/20
Committee: ECON
Amendment 552 #
Proposal for a directive
Article 23 – paragraph 1 – point a
(a) their professional qualifications, knowledge and experience are adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key funccollectively adequate in relation to the activities performed for the institutions (requirement to be fit); and
2015/10/20
Committee: ECON
Amendment 589 #
Proposal for a directive
Article 26 – paragraph 2 – point f a (new)
(fa) a qualitative assessment of environmental, social and governance risks associated with the investment portfolio and the management thereof.
2015/10/20
Committee: ECON
Amendment 614 #
Proposal for a directive
Article 31 – paragraph 1
Member States shall require every institution located in their territories to draw up and publicly disclose annual accounts and annual reports taking into account each pension scheme operated by the institution and, where applicable, annual accounts and annual reports for each pension scheme. The annual accounts and the annual reports shall give a true and fair view of the institution’s assets, liabilities and financial position, and include disclosure of major investment holdings. The annual accounts and information in the reports shall be consistent, comprehensive, fairly presented and duly approved by authorised persons, in accordance with national law.
2015/10/20
Committee: ECON
Amendment 616 #
Proposal for a directive
Article 32 – paragraph 1
Member States shall ensure that every institution located in their territories prepares, publicly discloses and, at least every three years, reviews a written statement of investment- policy principles. That statement is to be revised without delay after any significant change in the investment policy. Member States shall provide for this statement to contain, at least, such matters as the investment risk measurement methods, the risk- management processes implemented and the strategic asset allocation with respect to the nature and duration of pension liabilities. and approach to engagement, without prejudice to amendments to Directive 2007/36/EC. Member States shall ensure that every institution publicly discloses on an annual basis how this policy has been implemented, and the results thereof.
2015/10/20
Committee: ECON
Amendment 621 #
Proposal for a directive
Article 35 – paragraph 1
1. For each occupational pension scheme in which members and beneficiaries fully bear the investment risk, the home Member State shallwhere national law of the home Member State does not provide protection for safe-keeping assets and oversight duties equivalent to Articles 36 and 37, and where a depositary has not already been appointed in relation to pension scheme assets in financial products in accordance with Directives 2011/61/EU or 2009/65/EU, Member States may require the institution to appoint a single depositary for safe-keeping of assets and oversight duties in accordance with Articles 36 and 37.
2015/10/20
Committee: ECON
Amendment 634 #
Proposal for a directive
Article 40
(1) Member States shall require institutions to draw up a document containing key information for each member (the ‘pension benefit statement’). (2) Member States shall ensure that the information contained in the pension benefit statement is updated and sent to each member at least once every twelve months and free of charge. (3) Any material change to the information contained in the pension benefit statement compared to the previous year shall be clearly explained in an accompanying letter.Article 40 deleted Frequency and changes
2015/10/20
Committee: ECON
Amendment 639 #
Proposal for a directive
Article 40 a (new)
Article 40a Pension Benefit Statement 1. Member States shall require institutions to draw up a document containing key relevant information for each member. The title of the document shall contain the words ‘Pension Benefit Statement’. 2. Member States shall require that the information contained in the pension benefit statement is updated and sent to each member, free of charge, at least annually. 3. When laying down rules for the pension benefit statement, Member States shall require that it contains the key relevant information for the members, taking into consideration the specific nature of national pension systems and of relevant national social, labour and tax law. 4. Within the framework of this Directive, key relevant information for members shall include: (a) personal details of the member, including a clear indication of the date of the statutory retirement or the date when retirement benefits are due; (b) identification of the institution and identification of the pension scheme of the member; (c) where applicable, any information on full or partial guarantees under the pension scheme. Where no guarantee is provided, this should be indicated. Where a guarantee is provided, the pension benefit statement shall briefly explain the nature of the guarantee and provide information on the current level of financing of the member’s accrued individual entitlements; (d) information on pension projections, taking into consideration the specific nature and organisation of the pension scheme; (e) information on the member’s individual total accumulated entitlements or contributions and costs of the pension scheme, taking into consideration the specific nature and organisation of the pension scheme; (f) information on the investment profile, taking into consideration the specific nature of the pension scheme; (g) for schemes without full or partial guarantees, information on the total sum of the costs deducted from the member’s accumulated contributions over the previous twelve months (or, if the member has joined the scheme within the previous twelve month period, the sum of the costs deducted from their contributions since joining); this information should include accounting for all costs relating to the scheme (including those concerning administration, safekeeping and portfolio transaction charges) and should be reported in a standardised, easily comparable manner; (h) information on the past performance of the pension scheme, taking into account the specific nature of the pension scheme. (i) where and how to obtain further information relating to the institution or pension scheme, including the information specified in Article 32; 5. Member States shall exchange best practices with regard to the format and the content of the pension benefit statement.
2015/10/20
Committee: ECON
Amendment 641 #
Proposal for a directive
Article 40 b (new)
Article 40b Requests for additional information 1. Upon request (by a member, a beneficiary or their representatives), the institution shall provide the following additional information: (a) the annual accounts and annual reports referred to in Article 31, or - where an institution is responsible for more than one scheme - the accounts and reports relating to the member’s particular pension scheme; (b) the statement of investment policy principles referred to in Article 32; (c) in circumstances where the member bears the investment risk, the range of investment options (if applicable) and the actual investment portfolio; (d) the arrangements relating to the transfer of pension rights to another institution for occupational retirement provision in the event of termination of the employment relationship.
2015/10/20
Committee: ECON
Amendment 642 #
Proposal for a directive
Article 41
1. The information provided in the pension benefit statement shall be comprehensible without reference to other documents. 2. Member States shall ensure that the pension benefit statement is available in an official language of the Member State whose social and labour law relevant to the field of occupational pension schemes is applicable to the relationship between the sponsoring undertaking or the institution on the one hand and the members or the beneficiaries on the other.Article 41 deleted Comprehensibility and language
2015/10/20
Committee: ECON
Amendment 644 #
Proposal for a directive
Article 42
The pension benefit statement shall use characters of easily readable size and shall not be longer than two pages of A4- sized paper when printed.Article 42 deleted Length
2015/10/20
Committee: ECON
Amendment 647 #
Proposal for a directive
Article 43
Member States may allow institutions to provide the pension benefit statement in a durable medium or by means of a website. A paper copy shall be delivered to the members and beneficiaries on request and free of charge, in addition to any electronic means.Article 43 deleted Medium
2015/10/20
Committee: ECON
Amendment 648 #
Proposal for a directive
Article 44
1. Member States shall ensure that institutions do not incur civil liability solely on the basis of the pension benefit statement, or a translation of the pension benefit statement, unless it is misleading, inaccurate or inconsistent with the relevant part of the pension scheme. 2. The pension benefit statement shall contain a clear warning in this respect.Article 44 deleted Liability
2015/10/20
Committee: ECON
Amendment 649 #
Proposal for a directive
Article 45
1. The title of the pension benefit statement shall contain the words ‘Pension benefit statement’. 2. A short statement explaining the purpose of the pension benefit statement shall appear directly underneath the title. 3. The exact date to which the information in the pension benefit statement refers shall be stated prominently.Article 45 deleted Title
2015/10/20
Committee: ECON
Amendment 650 #
Proposal for a directive
Article 46
The pension benefit statement shall specify the personal details of the member, including the legal retirement age, where applicable.Article 46 deleted Personal details
2015/10/20
Committee: ECON
Amendment 651 #
Proposal for a directive
Article 47
Identification of the institution The pension benefit statement shall identify the institution and provide information about: (1) the name of the institution and its address; (2) the Member States in which the institution is authorised or registered and the name of the competent authority; (3) the name of the sponsoring undertaking.Article 47 deleted
2015/10/20
Committee: ECON
Amendment 652 #
Proposal for a directive
Article 48
1. The pension benefit statement shall contain one of the following indications regarding guarantees under the pension scheme: (a) a full guarantee where the institution or the sponsoring undertaking guarantees a given level of benefits; (b) no guarantee where the member fully bears the risk; (c) a partial guarantee in all other cases. 2. Where a guarantee is provided, the following shall be briefly explained: (a) the nature of the guarantee; (b) the current level of financing of the member’s accrued individual entitlements; (c) mechanisms protecting accrued individual entitlements; (d) benefit reduction mechanisms, where those laid down in national legislation.Article 48 deleted Guarantees
2015/10/20
Committee: ECON
Amendment 653 #
Proposal for a directive
Article 49
[...]deleted
2015/10/20
Committee: ECON
Amendment 662 #
Proposal for a directive
Article 50
[...]deleted
2015/10/20
Committee: ECON
Amendment 685 #
Proposal for a directive
Article 51
[...]deleted
2015/10/20
Committee: ECON
Amendment 699 #
Proposal for a directive
Article 52
1. The pension benefit statement shall contain the following information about past performance: (a) information about the past performance of the pension scheme as a whole, or where relevant, of the member’s investment option presented in a chart covering that performance for any years available and up to the last ten years; (b) the chart layout supplemented by statements which appear prominently and which: (i) warn about its limited value as a guide to future performance; (ii) indicate which costs have been included or excluded from the calculation of past performance; (iii) indicate the currency in which past performance has been calculated. 2. Where a material change occurs to a pension scheme’s objective and investment policy during the period displayed in the chart referred to in paragraph 1, the pension scheme’s past performance prior to that material change shall be shown. The period prior to the material change shall be indicated on the chart and labelled with a clear warning that the performance was achieved under circumstances that no longer apply. 3. Where a member changes investment option, the past performance of that investment option shall be shown.Article 52 deleted Past performance
2015/10/20
Committee: ECON
Amendment 700 #
Proposal for a directive
Article 53
The pension benefit statement shall specify the following supplementary information: (a) where and how to obtain further information about the institution or the pension scheme, including from websites and relevant legal acts of a general nature; (b) where and how to obtain further information about the arrangements relating to the transfer of pension rights to another institution for occupational retirement provision in the event of termination of the employment relationship; (c) information about the assumptions used for amounts expressed in annuities, in particular with respect to the annuity rate, the type of provider and the duration of the annuity, where the member requests that information; (d) where and how to obtain access to additional information about the member’s individual situation including the target level of the retirement benefits, if applicable, and the level of benefits in case of cessation of employment.Article 53 deleted Supplementary information
2015/10/20
Committee: ECON
Amendment 704 #
Proposal for a directive
Article 54
[...]deleted
2015/10/20
Committee: ECON