Rule · FMA · 29 Feb 2008
The Austrian Financial Market Authority (FMA) issued these minimum standards to regulate how corporate provision funds must inform qualified beneficiaries under the Federal Act on Corporate Staff and Self-Employment Provision. The document mandates specific annual account statements and detailed notifications upon termination of employment or suspension of trade, covering contributions, investment results, expenses, and disposal options. These guidelines aim to enhance transparency and comparability by requiring clear disclosure of risks, performance data, and legal entitlements to ensure beneficiaries can effectively monitor their provision plans.
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“ FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate Provision Funds of 29 February 2008 (FMA-MS-BVKINFO) Preamble
1. 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.
2. 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
2006. 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”
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” 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:
1. the employers’ contributions received;
2. the allocated investment results;
3. the severance pay expectancies transferred from another or several corporate
provision fund/s;
4. the retirement provision contributions received;
h. the expenses of the preceding financial year, broken down into:
1. the cash expenses (in absolute figures) charged to the qualified beneficiary;
2. the administrative expenses (in absolute figures) charged to the qualified
beneficiary;
3. 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:
1. principles of the investment policy;
2. structure of the collective investment undertaking;
Reference code (GZ): FMA-BV27 1000/0001-INV/2008 Securities Supervision “FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate Provision Funds” 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”
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:
Reference code (GZ): FMA-BV27 1000/0001-INV/2008 Securities Supervision “FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate Provision Funds”
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:
1. the employers’ contributions received;
2. the allocated investment results;
3. the severance pay expectancies transferred from another or several other
corporate provision fund/s;
4. the retirement provision contributions received;
g. expenses as at the reporting date, broken down into:
1. the cash expenses (in absolute figures) charged to the qualified beneficiary;
2. the administrative expenses (in absolute figures) charged to the qualified
beneficiary;
3. 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” 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:
1. the received contributions;
2. the allocated investment results;
3. the expectancies transferred from another or several other corporate provision
fund/s;
4. the retirement provision contributions received;
g. expenses as at the reporting date, broken down into:
1. the cash expenses (in absolute figures) charged to the qualified beneficiary;
2. the administrative expenses (in absolute figures) charged to the qualified
beneficiary;
3. 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:
1. principles of the investment policy;
2. structure of the collective investment undertaking;
Reference code (GZ): FMA-BV27 1000/0001-INV/2008 Securities Supervision “FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate Provision Funds”
Reference code (GZ): FMA-BV27 1000/0001-INV/2008 Securities Supervision “FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate Provision Funds”
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:
Reference code (GZ): FMA-BV27 1000/0001-INV/2008 Securities Supervision “FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate Provision Funds”
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:
1. the received contributions;
2. the allocated investment results;
3. the expectancies transferred from another or several other corporate provision
fund/s;
4. the retirement provision contributions received;
g. expenses as at the reporting date, broken down into:
1. the cash expenses (in absolute figures) charged to the qualified beneficiary;
2. the administrative expenses (in absolute figures) charged to the qualified
beneficiary;
3. 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”
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:
1. the received contributions;
2. the allocated investment results;
3. the expectancies transferred from another or several other corporate provision
fund/s;
4. the retirement provision contributions received;
g. expenses as at the reporting date, broken down into:
1. the cash expenses (in absolute figures) charged to the qualified beneficiary;
2. the administrative expenses (in absolute figures) charged to the qualified
beneficiary;
3. 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:
1. principles of the investment policy;
2. structure of the collective investment undertaking;
Reference code (GZ): FMA-BV27 1000/0001-INV/2008 Securities Supervision “FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate Provision Funds”
Reference code (GZ): FMA-BV27 1000/0001-INV/2008 Securities Supervision “FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate Provision Funds”
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:
Reference code (GZ): FMA-BV27 1000/0001-INV/2008 Securities Supervision “FMA Minimum Standards for Informing the Qualified Beneficiaries of Corporate Provision Funds” 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”
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:
1. the received contributions;
2. the allocated investment results;
3. the expectancies transferred from another or several other corporate provision
fund/s;
4. the retirement provision contributions received;
g. expenses as at the reporting date, broken down into:
1. the cash expenses (in absolute figures) charged to the qualified beneficiary;
2. the administrative expenses (in absolute figures) charged to the qualified
beneficiary;
3. 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” 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.
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“These FMA Minimum Standards consist of four parts, with part A. replacing the previous FMA Minimum Standards of 21 August 2006.”
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