Obstacles for the cross-border administration of foreign pension schemes between the Netherlands and Belgium: a legal comparative analysis
PhD student: Mr S.H.W.A. Bemelmans
Promotors: Mrs Dr A.H.H. Bollen-Vandenboorn, Mrs Prof E. Van der Velde
Duration: 1/1/2019 - 31/12/2022
Since the introduction of the European IORP Directive, pension institutions are able to operate across borders and implement foreign pension schemes. Several pension institutions are already using this option. However, a thorough research into the underlying reasons, elaborations and challenges has not yet been conducted. This comparative pension research aims to fill this gap. After studying the (legal) relationship between Belgium and the Netherlands, attention will be paid to this theme from a European perspective. The starting point is that every pension system is in principle unique and therefore account must be taken of the different (pension) cultures of the European member states. In particular, the pension institutions, employers and employees play a central role. The obstacles that these parties face under tax law, private law (governance), labor law and social security law during the cross-border pension administration of foreign pension schemes will be examined. In addition, attention will be paid on how pension institutions are supervised and to democratic legitimacy. If a pension plan is allocated to an IORP institution in another member state, there is also a possible risk of loss of control / power over the pension capital. The objective of this comparative pension research is to map the obstacles and to give recommendations to European and national legislators in order to achieve a cross-border pension administration of foreign pension schemes without obstacles. To achieve this objective, there will be a cooperation on the basis of interviews with various professionals working in pension practice.