French Insurance Code
In forceThe benefits provided under the contracts referred to in article L. 143-1 may include additional cover in the event of the member's death before or after ceasing professional activity, as well as in the event of disability and incapacity.
Individual rights currently being built up under the contracts mentioned in article L. 143-1 may be transferred to another contract mentioned in article L. 143-1, as well as, under conditions and within limits set by decree, to a popular retirement savings plan defined in article L. 144-2. These rights are also transferable to a contract offering the benefits mentioned in article L. 143-1, but which has not been taken out under the administrative authorisation mentioned in the first paragraph of this article, and vice versa. The information leaflet specifies how the transferability clause is to be exercised. However, when enrolment in these contracts is compulsory under one of the procedures mentioned in Article L. 911-1 of the Social Security Code, the individual rights relating to these contracts are only transferable when the participant is no longer required to enrol.
For each contract mentioned in 1° of article L. 143-1, where the number of members exceeds a threshold set by order of the ministers responsible for the economy, social security and mutual insurance, a supervisory committee is set up to ensure that the contract is properly implemented and that the interests of members are represented. This committee is formed within six months of the threshold mentioned in the first sentence being crossed. It is made up of equal numbers of employee and employer representatives. The members of the Supervisory Committee are bound by professional secrecy with regard to information of a confidential nature and given as such by the persons consulted under the conditions and subject to the penalties laid down in articles 226-13 and 226-14 of the French Penal Code. The Committee may hear the competent statutory auditor(s), who shall be released from the obligation of professional secrecy with regard to the Committee in respect of the accounts concerned. Where, for the same supplementary occupational pension fund, the same subscriber has taken out several contracts for which a supervisory committee must be set up, the supervisory committees for these contracts may be grouped together within a single committee responsible for ensuring the proper performance of all the contracts concerned and for representing the interests of the members of all these contracts.
Notwithstanding the previous paragraph, the tasks of the supervisory committee may be entrusted to another body which replaces it, provided that this body is equally representative of the employees and employers of the contract concerned and provided that the members of this body are bound by the same obligations of professional secrecy as those laid down for the members of a supervisory committee.
The second and third paragraphs do not apply to defined benefit contracts benefiting from the scheme provided for in 2° and 2° 0 bis of article 83 of the French General Tax Code, nor to those falling within the scope of article L. 137-11 and article L. 137-11-2 of the French Social Security Code. Nor do they apply to contracts whose sole purpose is to provide the retirement benefits referred to in article L. 1237-9 of the French Labour Code.
