Retirement Savings Plan (RIP) - Collective company PER

Verified 01 janvier 2024 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Finance

End of the opening of the RIP to minor children

Published on 24 October 2023

A new one long-term savings product will be available on the market during the 1er quarter 2024. This is the climate savings plan, which targets the public of children and young people under the age of 21.

Funds invested in this plan will be directed to projects related to the ecological transition.

The new plan will replace the individual PER for minor children at the time of its commercialization.

The device is provided for in green industry act of 23 october 2023.

Your situation

  • This is a collective company PER
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The collective company PER is a plan open to all employees of a company, without the obligation to subscribe. This new product is the successor to Perco, which can no longer be implemented since the 1er October 2020. Your company can transform Perco into a collective company PER. The new plan entitles you to tax benefits and your rights are transferable to other PERs. The end of the plan is the retirement age, but with cases of early release.

The collective company ERP is a long-term savings product. It allows you to save during your period of activity to get, with the help of your company, a capital or a rent at retirement age.

All companies can offer a collective company PERP to their employees, even if they have not put in place a company savings plan (PEE).

The plan must be open to all employees. However, a seniority condition may be required (maximum 3 months).

Membership is optional, but the regulation may provide for automatic membership for all employees. In this case, you must be informed of your membership, under the conditions laid down in the regulation. You then have 15 days to make it known that you refuse to adhere to the plan.

If you change your company, you can transfer your collective company PER

  • in the PER of your new business
  • or in an individual RIP.

FYI  

in a company with less than 250 employees, the company manager’s Civil partnership partner who has the status of employee may also benefit from the collective company PERP.

The collective company ERP must be set up in a company.

The plan may be set up at the initiative of the company managers or by agreement with the employees' representatives. Where there is at least one trade union representative or social and economic committee in the company (ESC), the employer is obliged to conduct prior negotiations with them before creating the plan.

The collective company ERP may be set up at company level, or in a business-to-business framework.

The company may choose to combine the voluntary group savings plan and the mandatory group savings plan in a single plan. Old savings plans, such as Perco and section 83, can be transferred into a single plan.

Managed management

Unless otherwise stated by you, the management of the amounts paid out of the RIP follows the principle of managed management. This means that when retirement is distant, savings can be invested in riskier, more remunerative assets. As we approach retirement age, savings are increasingly being channeled into less risky assets.

The collective company PER must offer you at least one alternative investment vehicle, which notably allows you to invest in a solidarity fund.

Informing the employee

When you are hired, the employer must give you a payroll savings booklet indicating the arrangements put in place in the company.

If the company has a collective company PER in place, it must provide you with a settlement that informs you of the plan and its content.

Each year, the manager must provide you with the following information:

  • Evolution of savings
  • Financial performance of investments
  • Amount of charges levied
  • Plan Transfer Conditions

From 5e year before retirement age, you can ask the PER manager about exit opportunities that are appropriate for your situation.

Payments by the employee

You can feed your collective company PER with:

You can also transfer to your collective company PER amounts from another company PER, an individual PER or another retirement savings product (PERP, Madelin, Perco, etc.).

As long as you work in the company, the costs associated with managing the collective PER are covered by your employer.

Employer Payments

The collective company ERP may be financed by supplementary company payments, known as abundances. The abundance may not exceed 3 times the amount you yourself paid, or be more than €7,419.

In addition, if the plan regulations so provide, the company may carry out initial and periodic abundances.

The amounts paid out of the group company ERP are frozen until your retirement.

However, you can get your savings back early in the following cases:

  • Disability (you, your children, your spouse or Civil partnership partner)
  • Death of your spouse or Civil partnership partner
  • Expiry of your unemployment insurance benefits
  • Over-indebtedness (in this case, the over-indebtedness commission has to write to the managing body of the ERP)
  • Termination of self-employed activity following a judgment on winding up by a court
  • Purchase of your principal residence (except entitlements from compulsory payments transferred to the plan)

When you reach retirement age, you can request that the savings in your group company LIP be paid 

  • or capital,
  • or in annuity,
  • or partly in capital and annuity.

If you die, the plan will not be automatically closed.

The money you have saved will be repaid to your heirs or to the beneficiaries which you have designated in the contract, in the form of capital or rent.

If the plan is in the form of a securities account, the savings are included in the estate.

If it is a plan that has resulted in the enrollment of a group insurance contract, the amounts saved will be repaid to one or more of the beneficiaries that you have designated in the contract, depending on the life insurance rules.

Please note

in the event of death after 70 years, the proportion of the sums paid on the insurance contract which exceeds €30,500 shall be subject to inheritance tax.

Entry taxation

Voluntary and mandatory payments you make to a company RIP in a year are deductible from your taxable income in that year. This deduction shall not exceed an overall ceiling amount set for each member of the tax shelter.

This ceiling shall be equal to the higher of the following 2 amounts:

  • 10% of 2022 professional income, net of social contributions and professional expenses, with a maximum deduction of €37,094,
  • or €4,399if this amount is higher.

If you do not deduct voluntary payments from your taxable income, you will be taxed only on capital gains at the time of payment. liquidation savings.

Payments into an ERP of amounts and entitlements arising from company wage savings (profit-sharing, participation, employer contributions) are exempt from income tax.

Exit taxation

The output tax depends on the nature of the payments which fed into the RIP, and the method of liquidation savings (annuity or capital).

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Voluntary payments deducted for tax purposes

Annuity Exit

The annuity paid at the time of the release of the RIP is taxable at income taxunder the pension scheme.

A reduction of 10% is deducted from the amount of the annuity. The balance is added to all your taxable income before the progressive income tax schedule.

Of social security contributions shall also apply to the share of the annuity corresponding to voluntary payments.

The share of the annuity corresponding to voluntary payments is taxable to social security contributions after deduction of an allowance fixed according to your age:

  • 30% if you are under 50 years old
  • 50% if you are between 50 and 59 years old
  • 60% if you are between 60 and 69 years old
  • 70% if you are over 69 years of age

The rate of social security contributions is 17.2%.

Capital outflow

In the case of a capital outflow, the share of capital corresponding to the voluntary payments shall be taxed in accordance with progressive scale of income tax.

The share of capital corresponding to the capital gains is taxed according to the rules applicable to capital products.

Voluntary payments not deducted from tax

Annuity Exit

The annuity is taxable at theincome tax, according to the applicable rules life annuities for consideration. It's a tax system that takes your age into account.

Thus, the part of the annuity taxable for income tax purposes is the amount of the annuity reduced by a reduction of:

  • 30% if you are under 50 years old
  • 50% if you are between 50 and 59 years old
  • 60% if you are between 60 and 69 years old
  • 70% if you are over 69 years of age

Of social security contributions shall also apply to the part of the annuity corresponding to the earnings generated by voluntary payments. The rate of social security contributions is 17.2%.

Capital outflow

The share of capital corresponding to voluntary payments not deducted from tax is exempt from income tax and social security contributions.

The share of capital corresponding to the interest generated by the contract shall be subject to a lump-sum deduction of 30%.

This levy corresponds to income tax of 12.8% and social security contributions up to 17.2%.

You can apply to be exempt from the lump sum levy if your reference tax income for the penultimate year is less than €25,000 (€50,000 for a couple).

For revenues received in 2023, this is the 2021 benchmark tax revenue.

The application is to be sent to the financial institution that pays you the income no later than November 30 of the year preceding that of the payment (November 30, 2023 for an exemption in 2024).

In general, the institution will send you an honorary attestation form to return to the institution if you meet the conditions.

Payments from salary savings in company

Payments from wage savings in company (profit-sharing, participation, abundances of employers) can be liquidated as an annuity or as capital.

Annuity Exit

In the case of an annuity outflow, income tax is calculated according to rules applicable to life annuities for consideration, in order to tax only the representative part of the products.

Capital outflow

In the case of a capital outflow, there is no income tax.

Mandatory payments

Savings from compulsory payments in a company RIP are paid only as an annuity.

The annuity is taxed on income tax, according to the rules applicable to retirement pensions, and social security contributions.

But if the monthly amount of the annuity does not exceed €100However, the annuity may be converted into capital.

In this case, the share of capital corresponding to the company's compulsory payments is subject to income tax, in the category of pensions and pensions, but without application of the 10%.

The share of capital corresponding to the gains is subject to the flat-rate levy of 30%, but with the option of applying the progressive scale of income tax.

The UTP is income tax equal to 12.8% and social security contributions up to 17.2%.

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Transfer of old savings products to the Pereco

You can transfer retirement savings products that existed before 1er October 2019 on the collective company ERP:

  • Popular Retirement Savings Plan - Perp
  • Madelin Contract
  • Prefon
  • Group Retirement Savings Plan - Perco
  • Mutual pension supplement - Corem
  • Hospital Retirement Supplement - CRH
  • Article 83 contract

In the event of a transfer of sums saved on a Perco to a collective company savings plan, the social security contributions in force at the time of the deposits are kept.

FYI  

the tax advantage linked to the transfer of an insurance contract of more than 8 years to an RIP (doubling of the deductions related to detention) ceased on December 31, 2022.

Transfer of the collective company PER to another PER

You can transfer the accumulated savings from the collective company PER to all other PERs. The transfer is possible at any time when you have left the company.

If you are still in the company, the transfer is also possible, but within the limit of one transfer every 3 years.

The transfer is free if you have held the product for at least 5 years. If you have held the product for less than 5 years, the transfer fee may be charged, up to 1% of the outstanding amount.