ISSA
Promoting and Developing Social Security Worldwide.
Portugal
Total population (m.):  10.7
GDP per capita (USD):  22765
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Regulatory Framework

2011: ISP* Circular 1 (Technical Guideline); lays down a set of operational principles and guidelines regarding the risks which the pension funds and respective managing entities are subject to.

2010: ISP Regulation 12; defines principles and rules on the funding of health benefits plans through pension funds.

2010: ISP Regulation 7; lays down principles applicable to financial reporting of pension funds.

2010: ISP Regulation 3; establishes principles and rules on advertising.

2009: ISP Regulation 8; establishes principles and rules on the management oversight, internal control and risk management.

2009: CMVM** Regulation 1; on information and advertising of complex financial products under CMVM's supervision (amends CMVM Regulation 8/2007).

2007: CMVM Regulation 8; defines, inter alia, rules on marketing of individual adhesions to open pension funds.

2007: Decree-Law 357-A; amends Decree-Law 12/2006, in particular, as a result from the partial legal transfer of supervisory and regulatory competences (from ISP to CMVM) covering some aspects of conduct of business rules (e.g., some rules on marketing and sale) related, inter alia, to individual adhesions to open pension funds.

2007: ISP Regulation 9; revises investment rules following a "prudent person plus" approach, e.g., governing investment policy as well as composition and evaluation of assets (partially revokes ISP Regulation 21/2002).

2007: ISP Regulation 7; regulates the governance structures of pension funds.

2007: Decree-Law 187; under Law 4/2007, defines and regulates the legal framework applicable to protection due to old age or invalidity under the general social security regime.

2007: Decree-Law 180; amends Decree-Law 12/2006, in particular, as far as the monitoring committee of the pensions scheme and information to members and beneficiaries are concerned.

2007: Law 4; revokes Law 32/2002, approving the basis of the social security system and defining general principles for occupational pension plans.

2006: Decree-Law 12; introduces a general revision of the legal regime applicable to pension funds, transposing EU Directive 2003/41/EC, of the European Parliament and of the Council, of June 3, on the activities and supervision of institutions for occupational retirement provision into the Portuguese legal framework and revoking Decree-Law 475/99, amended by Decree-Law 292/2001 and by Decree-Law 251/2003.

2002: ISP Regulation 21; defines requirements for the diversification of pension fund assets.

2002: Decree-Law 195: amends article 9 of Statute/Charter of the ISP, approved by Decree-Law 289/2001.

2001: Decree-Law 289; defines the role and powers of the ISP (revokes Decree-Law 251/97).

1999: Decree-Law 428; regulates the safeguarding of rights under occupational pension plans by employed and self-employed persons moving within the European Union.

1998: Decree-Law 94-B; governs the establishment and supervision of insurance companies and contains rules concerning protection of rights and also market conduct/consumer protection.

1997: Decree-Law 307; imposes equal treatment of men and women under occupational pension plans.

1990: Decree-Law 322; defines and regulates protection in case of death of the beneficiaries of the general social security regime.

Individual Income Tax Code (IRS) and Corporate Tax Code (IRC); regulate the tax treatment of contributions, investment income and benefits.

Tax Benefits Act; regulates issues relating to tax deductions and exemptions.

Labour Code and correspondent regulation.

 

* "ISP" ("Instituto de Seguros de Portugal", Portuguese Insurance and Pension Funds Supervisory Authority), corresponds to the national supervisory authority in the field of insurance, reinsurance, insurance and reinsurance mediation and pension funds sectors.

** "CMVM" ("Comissão do Mercado de Valores Mobiliários"), corresponds to the national supervisory authority in the field of securities and other financial instruments markets.

Last survey reply: 01 July 2012
Last ISSA update: 01 July 2012

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