S T A T U S FE B R U A R Y 2 0 0 8
Document Number:
Publication Date:
01 / 2008
29.02.2008
FMA MINIMUM STANDARDS
FOR QUALIFIED
BENEFICIARIES OF
CORPORATE PROVISION
FUNDS
(FMA-MS-BVKINFO)
DISCLAIMER: These minimum standards do not constitute a legal regulation. They serve as
guidance and reflect the FMA's legal interpretation and the FMA's practical recommendations
for conduct. No rights and obligations extending over and above the provisions of the law can
be derived from them. The FMA reviews on a case-by-case basis whether legal provisions
were also breached as a result of the non-observance of recommendations in minimum
standards.
Reference code: FMA-BV27 1000/0001-INV/2008 Securities Supervision
”FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds“
Page 1 of 16
FMA Minimum Standards for Informing the Qualified
Beneficiaries of Corporate Provision Funds
of 29 February 2008 (FMA-MS-BVKINFO)
Preamble
- Based on national developments and standards as well as on the evaluation
results of the Betriebliches Mitarbeitervorsorgegesetz (BMVG; Federal Act on
Corporate Staff Provision), the FMA has decided to present to the corporate
provision funds FMA Minimum Standards for Informing the Qualified Beneficiaries.
With reference to Articles 25, 60 and 69 of the Betriebliches Mitarbeiter- und
Selbständigenvorsorgegesetz (BMSVG; Federal Act on Corporate Staff and SelfEmployment Provision), the FMA expects compliance with them. They are a
recommendation of the FMA.
These FMA Minimum Standards for Informing Qualified Beneficiaries shall not
prevent corporate provision funds from setting higher standards. Other FMA
Minimum Standards shall remain unaffected.
These FMA Minimum Standards are addressed to all corporate provision funds within
the scope of Article 18 BMSVG.
- With the amendment of the BMVG (now BMSVG) quasi-freelancers (freie
Dienstnehmer/innen) were included and they are now also eligible for a provision
plan similar to the “new severance pay” scheme (Abfertigung neu). In line with the
“new severance pay” scheme, the option was created for self-employed persons to
take advantage of a corporate provision plan similar to the severance pay scheme.
Parts 4 and 5 of the BMSVG contain the relevant clauses. This restructured version
of the BMSVG, which includes an expansion of its scope, and the re-design of Article
25 BMSVG required a revision of the FMA Minimum Standards, as they also apply to
parts 4 and 5 of the BMSVG. The FMA considers it essential to provide regular,
extensive and uniform information to the qualified beneficiaries also with regard to
the flexicurity approach, which is to be intensified and is emphasized by the
legislative body. The corporate provision funds shall ensure that the information
required according to these Minimum Standards is provided to the qualified
beneficiaries. Compliance with these FMA Minimum Standards contributes to
improving transparency and comparability as well as to ensuring that the qualified
beneficiaries have a means of control. These FMA Minimum Standards consist of
four parts, with part A. replacing the previous FMA Minimum Standards of 21 August
- Parts B. and C. refer to parts 4 and 5 of the BMSVG. Part D. governs the
implementation.
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 2 of 16
3. The information provided to the qualified beneficiaries should be as simple and
comprehensive as possible. It is recommended to provide the contact details of the
corporate provision fund for any possible inquiries.
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 3 of 16
A. FMA Minimum Standards for Account Information pursuant
to Article 25 BMSVG
I. Annual information to qualified beneficiaries
Every year, the corporate provision fund shall inform the qualified beneficiaries in
writing (except in the cases under Article 25 para 6 BMSVG) or via safe electronic
access, if this has been mutually agreed, as at 31 December of the preceding
financial year (within three months after having received the payslip data), in
particular about the following:
a. name, address, legal form, code number and head office of the corporate
provision fund;
b. contact details (phone number) and website of the corporate provision fund;
c. in case of several collective investment undertakings, the name of the collective
investment undertaking;
d. name/company of the employer/s with whom the membership contract was
concluded;
e. name and social security number of the qualified beneficiary;
f. reporting date on which the information is based;
g. regarding the preceding financial year:
- the employers’ contributions received;
- the allocated investment results;
- the severance pay expectancies transferred from another or several corporate
provision fund/s;
- the retirement provision contributions received;
h. the expenses of the preceding financial year, broken down into:
- the cash expenses (in absolute figures) charged to the qualified beneficiary;
- the administrative expenses (in absolute figures) charged to the qualified
beneficiary;
- the portfolio management costs (as percentage of the severance pay assets
invested or in absolute figures);
i. amount of the old severance pay expectancy transferred to the corporate
provision fund in the previous year as well as the transfer costs, unless they have
already been included in the administrative expenses (point I h.2.);
j. amount of the severance pay expectancy acquired as at the latest balance sheet
date;
k. amount of the severance pay expectancy acquired overall as at the reporting date
for issuing the account statement;
l. amount of the guaranteed capital, information about an interest guarantee, if
applicable;
m. information about investing:
- principles of the investment policy;
- structure of the collective investment undertaking;
- description of the type of securities and other investment instruments used
by the collective investment undertaking; in case of investment in unit
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 4 of 16
certificates of investment funds: the type of securities and other investment
instruments used by them;
- investment focus: indication of whether the collective investment
undertaking focuses on geographical regions or other market segments,
currencies or specific investment classes;
- if bonds are part of the collective investment undertaking: a general
description of the type of bonds (e.g. government bonds, corporate bonds,
rating);
- explanation of the risk potential related to the investment (e.g. market risk,
exchange or currency risk, credit risk);
- if the performance is indicated:
- the average annual increase in value in the previous year and over the last
three and five years; the method used by the Oesterreichische
Kontrollbank (OeKB) for measuring the performance of the corporate
provision funds is to be used for calculating this increase (if no historical
data is available, the period until which it is available shall be chosen);
- including an explanation why the performance data does not match with
the allocated investment result;
- indication of the three-year and five-year volatilities, which are to be
provided according to the calculation method for corporate provision funds
used by the OeKB (if no historical data is available, the period until which it
is available shall be chosen);
- including a brief definition of the term “volatility”.
- the following general risk information is to be added: “In spite of a careful
investment strategy, general price risks inherent to the money and capital
markets may cause losses. However, the total of the severance pay
contributions made to a corporate provision fund plus any transferred old
expectancies as well as any expectancies transferred from another corporate
provision fund represents a minimum entitlement of the qualified beneficiary
that is guaranteed by law. If a severance pay expectancy pursuant to Article
12 para 3 BMSVG is transferred, the minimum entitlement vis-à-vis the new
corporate provision fund will increase by the extent of the severance pay
contributions made to the original corporate provision fund. Please find more
detailed information about the investments under the investment provisions.”
n. if an old severance pay expectancy is transferred: a request to check whether the
transferred amount matches with the individual agreement;
o. information that the severance pay can also be transferred to the corporate
provision fund of the new employer, provided that no contributions have been
made to the severance pay account for at least three years after termination of
the employment relationship, as well as information that the qualified beneficiary
can dispose of the amount after a three-year period has expired, at the earliest.
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 5 of 16
II. Information after termination of the employment relationship, which
establishes an act of disposal pursuant to Article 17 para 1 BMSVG
In the event of termination of the employment relationship, which establishes an
entitlement, the corporate provision fund shall inform the qualified beneficiaries in
writing or electronically, if this has been mutually agreed, (within one month after the
corporate provision fund has been notified by the Main Association of Austrian Social
Security Institutions about the type of termination) in particular about the following:
a. name, address, legal form, code number and seat of the corporate provision fund;
b. contact details (phone number) and website of the corporate provision fund;
c. in case of several collective investment undertakings, the name of the collective
investment undertaking;
d. name/company of the employer/s with whom the membership contract was
concluded;
e. name and social security number of the qualified beneficiary;
f. information about the act of disposal:
- the disposal options pursuant to Article 17 para 1 BMSVG;
- their tax consequences;
- the administrative procedure, including a pre-designed reply letter which
allows the qualified beneficiary to select the desired disposal option and to
indicate the bank details, if the money is to be paid out as capital sum; the
reply letter or the account information shall provide information about any cash
expenditure that may incur in the event of an act of disposal;
- if available, the simultaneous provision of information drawn up by the
cooperation partner, indicating the company;
- information that the qualified beneficiary can instruct the corporate provision
fund to have severance pay paid out by other corporate provision funds or
take an act of disposal pursuant to Article 17 para 1 BMSVG;
- information about the consequences if no disposal option is taken;
g. information that the amount of severance pay can only be determined after all pay
slips have been submitted to the corporate provision fund and after profits have
been allocated;
h. the following general risk information is to be added: “In spite of a careful
investment strategy, general price risks inherent to the money and capital markets
may cause losses. However, the total of the severance pay contributions made to
a corporate provision fund plus any transferred old expectancies as well as any
expectancies transferred from another corporate provision fund represents a
minimum entitlement of the qualified beneficiary that is guaranteed by law. If a
severance pay expectancy pursuant to Article 12 para 3 BMSVG is transferred,
the minimum entitlement vis-à-vis the new corporate provision fund will increase
by the extent of the severance pay contributions made to the original corporate
provision fund. Please find more detailed information about the investments under
the investment provisions.”
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 6 of 16
III. Information in the event of disposals pursuant to Article 17 para 1 or 3
BMSVG
In the event of disposals pursuant to Article 17 para 1 nos. 1, 3 and 4 or a payout
pursuant to Article 17 para 3 BMSVG simultaneously with the payout of severance
pay after termination of the employment relationship, which establishes an
entitlement, the corporate provision fund shall inform the qualified beneficiaries in
writing or via safe electronic access, if this has been mutually agreed, in particular
about the following:
a. name, address, legal form, code number and seat of the corporate provision fund;
b. contact details (phone number) and website of the corporate provision fund;
c. in case of several collective investment undertakings, the name of the collective
investment undertaking;
d. name and social security number of the qualified beneficiary;
e. reporting date on which the information is based;
f. as at the reporting date:
- the employers’ contributions received;
- the allocated investment results;
- the severance pay expectancies transferred from another or several other
corporate provision fund/s;
- the retirement provision contributions received;
g. expenses as at the reporting date, broken down into:
- the cash expenses (in absolute figures) charged to the qualified beneficiary;
- the administrative expenses (in absolute figures) charged to the qualified
beneficiary;
- the portfolio management costs (as percentage of the severance pay assets
invested or in absolute figures).
h. amount of the old severance pay expectancy transferred to the corporate
provision fund in the period from the latest balance sheet date to the reporting
date for issuing the account statement as well as the transfer costs, unless they
have already been included in the administrative expenses (point llI g.2);
i. amount of the severance pay expectancy acquired as at the latest balance sheet
date;
j. amount of the severance pay expectancy acquired overall as at the reporting date
for issuing the account statement;
k. in case of a transfer: a request to check whether the transferred amount matches
with the individual agreement.
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 7 of 16
B. FMA Minimum Standards for Account Information pursuant
to Article 60 BMSVG
I. Annual information to qualified beneficiaries
Every year, the corporate provision fund shall inform the qualified beneficiaries in
writing (except in the cases under Article 60 para 6 BMSVG) or via safe electronic
access, if this has been mutually agreed, as at 31 December of the preceding
financial year (within three months after having received the data from the Main
Association of Austrian Social Security Institutions), in particular about the following:
a. name, address, legal form, code number and seat of the corporate provision fund;
b. contact details (phone number) and website of the corporate provision fund;
c. in the event of several collective investment undertakings, the name of the
collective investment undertaking;
d. name and social security number of the qualified beneficiary;
e. reporting date on which the information is based;
f. regarding the preceding financial year:
- the received contributions;
- the allocated investment results;
- the expectancies transferred from another or several other corporate provision
fund/s;
- the retirement provision contributions received;
g. expenses as at the reporting date, broken down into:
- the cash expenses (in absolute figures) charged to the qualified beneficiary;
- the administrative expenses (in absolute figures) charged to the qualified
beneficiary;
- the portfolio management costs (as percentage of the assets invested or in
absolute figures).
h. amount of the expectancy regarding self-employment provision acquired as at the
latest balance sheet date;
i. amount of the expectancy regarding self-employment provision acquired overall
as at the reporting date for issuing the account statement;
j. amount of the guaranteed capital, information about an interest guarantee, if
applicable;
k. information about investing:
- principles of the investment policy;
- structure of the collective investment undertaking;
- description of the type of securities and other investment instruments used
by the collective investment undertaking; in case of investment in unit
certificates of investment funds: the type of securities and other investment
instruments used by them;
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 8 of 16
- investment focus: indication of whether the collective investment
undertaking focuses on geographical regions or other market segments,
currencies or specific investment classes;
- if bonds are part of the collective investment undertaking: a general
description of the type of bonds (e.g. government bonds, corporate bonds,
rating);
- explanation of the risk potential related to the investment (e.g. market risk,
exchange or currency risk, credit risk);
- if the performance is indicated:
- the average annual increase in value in the previous year and over the last
three and five years; the method used by the Oesterreichische
Kontrollbank (OeKB) for measuring the performance of the corporate
provision funds is to be used for calculating this increase (if no historical
data is available, the period until which it is available shall be chosen);
- including an explanation why the performance data does not match with
the allocated investment result;
- indication of the three-year and five-year volatilities, which are to be
provided according to the calculation method for corporate provision funds
used by the OeKB (if no historical data is available, the period until which it
is available shall be chosen ).
- including a brief definition of the term “volatility”.
- the following general risk information is to be added: “In spite of a careful
investment strategy, general price risks inherent to the money and capital
markets may cause losses. However, the total of the capital sums contributed
to a corporate provision fund plus any expectancies transferred from another
corporate provision fund represents a minimum entitlement of the qualified
beneficiary that is guaranteed by law. If an expectancy regarding selfemployment provision pursuant to Article 12 para 3 BMSVG is transferred, the
minimum entitlement vis-à-vis the new corporate provision fund will increase
by the extent of the self-employment provision contributions made to the
original corporate provision fund. Please find more detailed information about
the investments under the investment provisions.”
l. information that the entire capital sum can be transferred to a new corporate
provision fund after resumption of the trade or operations, or to a corporate
provision fund of the new employer, if no contributions have been made to the
expectancy account for self-employment provision for at least three years after
the trade has been suspended or operations have been terminated, as well as
information regarding the fact that the qualified beneficiary can dispose of the
amount after a three-year period has expired, at the earliest.
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 9 of 16
II. Information after suspension of the trade, which establishes an
entitlement, or termination of the licence establishing the obligation to
take out health insurance under the Gewerbliches
Sozialversicherungsgesetz (GSVG; Social Insurance Act for SelfEmployed Persons in Trade and Industry) or termination of operations
Two years after the trade has been suspended or the licence establishing the
obligation to take out health insurance under the GSVG has been terminated or
operations have been terminated, the corporate provision fund shall inform the
qualified beneficiaries in writing or electronically (within one month after the corporate
provision fund has been notified of this circumstance by the Main Association of
Austrian Social Security Institutions), if this has been mutually agreed, in particular
about the following:
a. name, address, legal form, code number and seat of the corporate provision fund;
b. contact details (phone number) and website of the corporate provision fund;
c. in case of several collective investment undertakings, the name of the collective
investment undertaking;
d. name and social security number of the qualified beneficiary;
e. information about the acts of disposal:
- the disposal options pursuant to Article 58 para 1 BMSVG;
- their tax consequences
- the administrative procedure, including a pre-designed reply letter which
allows the qualified beneficiary to select the desired disposal option and to
indicate the bank details, if the money is to be paid out as capital sum; the
reply letter or the account information shall provide information about any
cash expenditure that may incur in the event of an act of disposal;
- information that the qualified beneficiary can instruct the corporate provision
fund to have capital sums paid out by other corporate provision funds or take
acts of disposal pursuant to Article 58 para 1 BMSVG;
- information about the consequences if no disposal option is taken.
f. information that the amount of the capital sum can only be determined after all
data have been submitted to the corporate provision fund and after profits have
been allocated;
g. the following risk information is to be added: “In spite of a careful investment
strategy, general price risks inherent to the money and capital markets may cause
losses. However, the total of the capital sums contributed to a corporate provision
fund plus any expectancies transferred from another corporate provision fund
represents a minimum entitlement of the qualified beneficiary that is guaranteed
by law. If an expectancy regarding self-employment provision pursuant to
Article 12 para 3 BMSVG is transferred, the minimum entitlement vis-à-vis the
new corporate provision fund will increase by the extent of the self-employment
provision contributions made to the original corporate provision fund. Please find
more detailed information about the investments under the investment
provisions.”
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 10 of 16
III. Information in the event of disposals pursuant to Article 58 para 1 or 4
BMSVG
After establishing an entitlement by suspension of the trade, or termination of the
licence establishing the obligation to take out health insurance under the GSVG, or
termination of operations in the event of disposals pursuant to Article 58 para 1
nos. 1, 3 and 4 or a payout pursuant to Article 58 para 4 BMSVG the corporate
provision fund shall inform the qualified beneficiaries, simultaneously with the payout
of the capital sum, in writing or via safe electronic access, if this has been mutually
agreed, in particular about the following:
a. name, address, legal form, code number and seat of the corporate provision fund;
b. contact details (phone number) and website of the corporate provision fund;
c. in case of several collective investment undertakings, the name of the collective
investment undertaking;
d. name and social security number of the qualified beneficiary;
e. reporting date on which the information is based;
f. as at the reporting date:
- the received contributions;
- the allocated investment results;
- the expectancies transferred from another or several other corporate provision
fund/s;
- the retirement provision contributions received;
g. expenses as at the reporting date, broken down into:
- the cash expenses (in absolute figures) charged to the qualified beneficiary;
- the administrative expenses (in absolute figures) charged to the qualified
beneficiary;
- the portfolio management costs (as percentage of the assets invested or in
absolute figures).
h. amount of the expectancy regarding self-employment provision acquired as at the
latest balance sheet date;
i. amount of the expectancy regarding self-employment provision acquired overall
as at the reporting date for issuing the account statement.
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 11 of 16
C. FMA Minimum Standards for Account Information pursuant
to Article 69 BMSVG
I. Annual information to qualified beneficiaries
Every year, the corporate provision fund shall inform the qualified beneficiaries in
writing (except in the cases under Article 69 para 6 BMSVG) or via safe electronic
access, if this has been mutually agreed, as at 31 December of the preceding
financial year (within three months after having received the data from the Main
Association of Austrian Social Security Institutions), in particular about the following:
a. name, address, legal form, code number and seat of the corporate provision fund;
b. contact details (phone number) and website of the corporate provision fund;
c. in case of several collective investment undertakings, the name of the collective
investment undertaking;
d. name and social security number of the qualified beneficiary;
e. reporting date on which the information is based;
f. regarding the preceding financial year:
- the received contributions;
- the allocated investment results;
- the expectancies transferred from another or several other corporate provision
fund/s;
- the retirement provision contributions received;
g. expenses as at the reporting date, broken down into:
- the cash expenses (in absolute figures) charged to the qualified beneficiary;
- the administrative expenses (in absolute figures) charged to the qualified
beneficiary;
- the portfolio management costs (as percentage of the assets invested or in
absolute figures);
h. amount of the expectancy regarding self-employment provision acquired as at the
latest balance sheet date;
i. amount of the expectancy regarding self-employment provision acquired overall
as at the reporting date for issuing the account statement;
j. amount of the guaranteed capital, information about an interest guarantee, if
applicable;
k. information about investing:
- principles of the investment policy;
- structure of the collective investment undertaking;
- description of the type of securities and other investment instruments used
by the collective investment undertaking; in case of investment in unit
certificates of investment funds: the type of securities and other investment
instruments used by them;
- investment focus: indication of whether the collective investment
undertaking focuses on geographical regions or other market segments,
currencies or specific investment classes;
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 12 of 16
- if bonds are part of the collective investment undertaking: a general
description of the type of bonds (e.g. government bonds, corporate bonds,
rating);
- explanation of the risk potential related to the investment (e.g. market risk,
exchange or currency risk, credit risk);
- if the performance is indicated:
- the average annual increase in value in the previous year and over the last
three and five years; the method used by the Oesterreichische
Kontrollbank (OeKB) for measuring the performance of the corporate
provision funds is to be used for calculating this increase (if no historical
data is available, the period until which it is available shall be chosen);
- including an explanation why the performance data does not match with
the allocated investment result;
- indication of the three-year and five-year volatilities, which are to be
provided according to the calculation method for corporate provision funds
used by the OeKB (if no historical data is available, the period until which it
is available shall be chosen).
- including a brief definition of the term “volatility”.
- the following general risk information is to be added: “In spite of a careful
investment strategy, general price risks inherent to the money and capital
markets may cause losses. However, the total of the capital sums contributed
to a corporate provision fund plus any expectancies transferred from another
corporate provision fund represents a minimum entitlement of the qualified
beneficiary that is guaranteed by law. If an expectancy regarding selfemployment provision pursuant to Article 12 para 3 BMSVG is transferred, the
minimum entitlement vis-à-vis the new corporate provision fund will increase
by the extent of the self-employment provision contributions made to the
original corporate provision fund. Please find more detailed information about
the investments under the investment provisions.”
l. information that the entire capital sum can be transferred to a new corporate
provision fund after commencement of compulsory insurance as a result of the
resumption of operations or the recovery of the occupational licence or after
resumption of the professional activity, or to a corporate provision fund of the new
employer, if no contributions have been made to the expectancy account for selfemployment provision for at least three years since the end of the qualified
beneficiary’s compulsory insurance as a result of discontinued operations or
expiry of the occupational licence or discontinued professional activity, as well as
information regarding the fact that the qualified beneficiary can dispose of the
amount after a three-year period has expired, at the earliest.
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 13 of 16
II. Information after the termination of the qualified beneficiary’s
compulsory insurance as a result of discontinued operations,
termination of the occupational licence or as a result of discontinued
operations or professional activity that is substantial for pension
insurance pursuant to Article 2 of the BauernSozialversicherungsgesetz (BSVG; Act on Social Security for Farmers),
which establishes an entitlement
Two years after compulsory insurance has been terminated because operations were
discontinued, the occupational licence has been terminated or as a result of
discontinued operations or professional activity that is substantial for pension
insurance pursuant to Article 2 BSVG, the corporate provision fund shall inform the
qualified beneficiaries in writing or electronically, if this has been mutually agreed,
(within one month after the corporate provision fund has been notified of this
circumstance by the Main Association of Austrian Social Security Institutions), in
particular about the following:
a. name, address, legal form, code number and seat of the corporate provision fund;
b. contact details (phone number) and website of the corporate provision fund;
c. in the event of several collective investment undertakings, the name of the
collective investment undertaking;
d. name and social security number of the qualified beneficiary;
e. information about the act of disposal:
- the disposal options pursuant to Article 67 in conjunction with Article 58 para 1
BMSVG;
- their tax consequences
- the administrative procedure, including a pre-designed reply letter which
allows the qualified beneficiary to select the desired disposal option and to
indicate the bank details, if the money is to be paid out as capital sum; the
reply letter or the account information shall provide information about any cash
expenditure that may incur in the event of an act of disposal;
- information that the qualified beneficiary can instruct the corporate provision
fund to have capital sums paid out by other corporate provision funds or take
acts of disposal pursuant to Article 58 para 1 BMSVG;
- information about the consequences if no disposal option is taken.
f. information that the amount of the capital sum can only be determined after all
data have been submitted to the corporate provision fund and after profits have
been allocated;
g. the following risk information is to be added: “In spite of a careful investment
strategy, general price risks inherent to the money and capital markets may cause
losses. However, the total of the capital sums contributed to a corporate provision
fund plus any expectancies transferred from another corporate provision fund
represents a minimum entitlement of the qualified beneficiary that is guaranteed
by law. If an expectancy regarding self-employment provision pursuant to
Article 12 para 3 BMSVG is transferred, the minimum entitlement vis-à-vis the
new corporate provision fund will increase by the extent of the self-employment
provision contributions made to the original corporate provision fund. Please find
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 14 of 16
more detailed information about the investments under the investment
provisions.”
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 15 of 16
III. Information in the event of disposals pursuant to Article 67 in
conjunction with Article 58 para 1 or 4 BMSVG
After the beneficiary’s compulsory insurance has been terminated because
operations were discontinued, the occupational licence has been terminated or as a
result of discontinued operations or professional activity that is substantial for
pension insurance pursuant to Article 2 BSVG or professional activity in the event of
disposals pursuant to Article 67 in conjunction with Article 58 para 1 nos. 1, 3 and 4,
or a payout pursuant to Article 67 in conjunction with Article 58 para 4 BMSVG the
corporate provision fund shall inform the qualified beneficiaries in writing or via safe
electronic access, if this has been mutually agreed, simultaneously with the payout of
the capital sum, which establishes an entitlement, in particular about the following:
a. name, address, legal form, code number and seat of the corporate provision fund;
b. contact details (phone number) and website of the corporate provision fund;
c. in case of several collective investment undertakings, the name of the collective
investment undertaking;
d. name and social security number of the qualified beneficiary;
e. reporting date on which the information is based;
f. as at the reporting date:
- the received contributions;
- the allocated investment results;
- the expectancies transferred from another or several other corporate provision
fund/s;
- the retirement provision contributions received;
g. expenses as at the reporting date, broken down into:
- the cash expenses (in absolute figures) charged to the qualified beneficiary;
- the administrative expenses (in absolute figures) charged to the qualified
beneficiary;
- the portfolio management costs (as percentage of the assets invested or in
absolute figures).
h. amount of the expectancy regarding self-employment provision acquired as at the
latest balance sheet date;
i. amount of the expectancy regarding self-employment provision acquired overall
as at the reporting date for issuing the account statement.
Reference code (GZ): FMA-BV27 1000/0001-INV/2008
Securities Supervision
“FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate
Provision Funds”
Page 16 of 16
D. Implementation
The FMA recommends compliance with the FMA Minimum Standards for Annually
Informing the Qualified Beneficiaries of Corporate Provision Funds with respect to
those account statements at the latest which are sent out as at the balance sheet
date of 31 December 2008.
Compliance with the FMA Minimum Standards for Informing the Qualified
Beneficiaries of Corporate Provision Funds pursuant to A. II. and III. is recommended
with respect to terminated employment relationships after 30 June 2008 at the latest.
Compliance with the FMA Minimum Standards for Informing the Qualified
Beneficiaries of Corporate Provision Funds pursuant to B. II. and III. as well as C. II.
and III. is recommended as of 30 June 2008.