Question 7104 — pensions: general

Summary

The PACTE law established a right to transfer retirement savings plans (PER), provided for in Article L. 224-6 of the Monetary and Financial Code, without conditions of a legal or commercial nature from the manager, and without fees beyond five years of holding. The decree of August 7, 2019 specifies the technical modalities of this transfer, in particular the exchanges of information between “old” and “new” manager, without however restricting the scope of application of the legal principle. In the absence of a contrary provision, the transfer is therefore possible between two PERs, including when they are managed by the same insurance company. The case mentioned seems to arise not from a refusal of transfer in the strict sense, but from a commercial decision not to market a second PER likely to receive the transfer. However, the marketing of a product falls under contractual freedom of the insurer, who has no obligation to open a new plan. To date, the competent services of the ACPR and the Ministry of Finance have not identified such practices of refusal of transfers between PERs within the same insurance company. The ministry's services nevertheless remain attentive to any documented report that may reveal unjustified obstacles, which disregard the rights of policyholders.

Machine translation from French. The official text remains authoritative.

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