Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Borderlines in Private Law

Borderlines in Private Law

Edited by: William Day, Julius Grower
Price: £90.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION
The Law of Rights of Light 2nd ed



 Jonathan Karas


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


EU Pensions Law: A Commentary and Practitioner's Guide

Edited by: Philip Bennett, Hans van Meerten

ISBN13: 9781802200218
To be Published: November 2024
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £245.00



Divided into three key parts, this judicious Commentary first identifies the sources of EU pensions law and how EU law directly and indirectly affects pension rights, before considering the legislative background and articles of the IORP II Directive. Finally, it investigates important EU pension law issues, such as the mobility of EU workers and the protection of Pillar 2 employee pension rights.

Key Features:

  • Examines the impact of EU state aid law on pensions
  • Discusses the meaning of the ‘prudent person rule’ in Article 19 of the IORP II Directive
  • Provides a detailed article-by-article analysis of the IORP II Directive, in comparison to the relevant articles of the IORP I Directive
  • Considers how EU pensions law has been retained in the UK post-Brexit and the effect of the UK Retained EU Law (Revocation and Reform) Act 2023

This Commentary is an essential resource to help practising pension lawyers in the EU and the UK avoid the pitfalls of EU pension law’s interaction with national pension policies and legislation. It is also beneficial for lawyers and policymakers in the EU Commission, EU Member State and UK governments, EIOPA and national competent authorities such as the UK Pensions Regulator and the Dutch Central Bank.

Subjects:
Pensions Law
Contents:
PART I. INTRODUCTION
1. Structure and context of EU Pensions Law 2
Philip Bennett
2. The sources of EU pensions law 10
Philip Bennett
3. The interaction of EU pensions law with national Member State law and, for the UK, retained EU law post-Brexit 39
Philip Bennett

PART II. THE IORP DIRECTIVE IIA BACKGROUND TO THE IORP II DIRECTIVE
4. Origins of the IORP II Directive 84
Philip Bennett with contributor: Velina Pekova
IIB COMMENTARY ON THE ARTICLES OF THE IORP II DIRECTIVE
5. Title I – General provisions, Part 1 (Articles 1–5) 94
Hans van Meerten
6. Title 1 – General provisions, Part 2 (Articles 6–10) 116
Hans van Meerten
7. Title 1 – General provisions, Part 3 (Articles 11–12) 142
Hans van Meerten
8. Title 2 – Quantitative requirements: Technical provisions, their funding and regulatory own funds (Articles
13–14) 164
Hans van Meerten
9. Title 2 – Quantitative requirements: regulatory own funds and solvency margins (Articles 15–18) 178
Philip Bennett
10. Title 2 – Qualitative requirements: Investment rules (Article 19) 218
Philip Bennett
11. Title 3 –
Part I – System of governance: Section 1 – General provisions: Articles 20–23 284
Philip Bennett
12. Title 3 –
Part I – System of governance: Section 2 – Key functions (Articles 24–27) 308
Philip Bennett
13. Title 3 –
Part I: System of governance: Section 3 – Documents concerning governance (Articles 28–30) 320
Philip Bennett
14. Title 3 –
Part II: Outsourcing and investment management (Articles 31–32) 339
Hans van Meerten
15. Title 3 –
Part III – Depositary (Articles 33–35) 352
Philip Bennett
16. Title 4 – Information to be given to prospective members, members and beneficiaries: Part I – General
provisions (Articles 36–37) 367
Hans van Meerten
17. Title 4 – Information to be given to prospective members, members and beneficiaries: Part II – Pension
benefit statement and supplementary information (Articles 38–40) 380
Hans van Meerten
18. Title 4 – Information to be given to prospective members, members and beneficiaries: Part III – Other
information and documents to be provided (Articles 41–44) 396
Hans van Meerten
19. Title 5 – Prudential supervision: Part I – General rules on prudential supervision (Articles 45–51) 412
Philip Bennett
20. Title 5 – Prudential supervision: Part II – Professional secrecy and exchange of information (Articles 52–59)
436
Philip Bennett
21. Title 6 – Final provisions (Articles 60–67) 458
Hans van Meerten
22. Comparison of Recitals of the IORP I and IORP II Directives 479
Philip Bennett
IIC ADDITIONAL IORP II INSIGHTS
23. Annexes to the IORP II Directive and general comments on its transposition 497
Philip Bennett
24. Role and powers of EIOPA 505
Hans van Meerten
25. Concluding remarks on the IORP II Directive 510
Philip Bennett

PART III. SOME EU PENSION LAW THEMES
26. Solvency II and insurance company provided pensions 518
Arthur van den Hurk
27. Prudent person approaches and ESG 539
Arthur van den Hurk
28. Mobility of workers in the EU and pension rights: Light and shadows under Pillar I 570
Maria Cristina Degoli
29. The mobility of workers in the EU with regard to the acquisition and safeguarding of their pension rights
under Pillar 2 and Pillar 3 592
Francesco Briganti
30. EU State aid law and pensions 617
Steven Verschuur and Cecilia Sbrolli
31. Protection of Pillar 2 employee pension rights on employer insolvency in the EU 637
Philip Bennett and Hans van Meerten

Bibliography 647
Index 662