Funded Schemes and the “Mobility of Pension Rights”
摘要
This chapter begins with the analysis of the new provisions of Coordination Regulation on funded schemes. The problematic implementation of Coordination Regulation concerning the new provisions is pointed out. The pro-rata rule (apportionment method) that is implemented in order to calculate the pensions derives from the pay-as-you-go systems where time of insurance is crucial (taking into all the periods of insurance across the member states and calculating the pension proportionally). Specifically, there is an elaboration why the pro-rata rule is considered unsuitable for the funded schemes, while the role of the time factor is also examined. Suggestions from literature are presented in order to improve the portability of pension rights and then our approach is analysed. Examples of national legal framework ensuring mobility are pointed out, such as the case of the Netherlands. In our opinion, the Coordination Regulation could “borrow” certain techniques from the national legal context of member states with funded schemes where the national legislator provides for options promoting the internal mobility of the insured persons. Additionally, we conclude to our own suggestions of revision of the Coordination Regulation taking into account the Directive on supplementary pensions as well. The coordination of pay-as-you-go and funded schemes (as well as mixed schemes) remains a field that requires further improvement aiming at a better social protection of pension rights. Because of the complexity characterising the pension schemes, there is the necessity of new descriptive provisions giving certain options of “mobility of pension rights”. Our ideas are presented taking into consideration the relevant case law of the Court.