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Guide to the Model Questionnaires on International Value Transfers

Effective January 1, 2007 certain provisions concerning international value transfers (also known as international transfer payments) for individual persons were incorporated in the Dutch Pensions Act (Pensioenwet). Some of these provisions impose new obligations on pension administrators (pension funds). Thus, a pension administrator is now obliged to co-operate in certain situations and must decide itself whether the statutory conditions are met. In other situations the pension administrator has a discretionary power to decide whether or not to co-operate; in these cases too, certain statutory conditions apply. The pension administrator has thereby acquired a personal responsibility with regard to international value transfers.
 
All Dutch pension administrators have to deal with these new obligations and responsibilities under the Pensions Act, entailing a heavier administrative burden and greater liability risks.
 
The pension fund associations and certain pension administrators have recognised this and have developed a common approach by means of a Working Group. The Pensioenfederatie and Verbond van Verzekeraars, as well as the pension scheme administrators APG, Syntrus Achmea, NationaleNederlanden, DSM Pension Services, PGGM and the Dutch Shell Pension Fund have all participated in this “Joint Working Group on International Value Transfers”.
 
The aim of the Guide and the Questionnaires is to facilitate the practicalities of international value transfers and simplify the appraising of such transactions on legal and other aspects. It should, however, be noted that a completed (model) questionnaire does not discharge the Dutch pension administrator of the responsibility for checking whether the responses truly correspond with the submitted documentation and pension scheme regulations. 

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