Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 450 · cap/450 (Cap. 450)

Cap. 450 Art. 40Distributions by a defined benefit retirement scheme. Cap. 403.

PART II

In KraftAmtlicher Text

(1) Subject to the following provisions, and to any regulations or directives as made for the purpose of this article, a defined benefit retirement scheme shall make a distribution to beneficiaries in the amounts and at the times specified in the applicable scheme document.

(2) To the extent as may be consistent with the applicable scheme, a defined benefit retirement scheme may also satisfy its liability to a beneficiary under such scheme if -

(a) it takes out an annuity contract or a policy of insurance or a number of such contracts or policies, with an insurance company carrying on long-term insurance business and authorized for this purpose in accordance with the Insurance Business Act (or, in the case of a beneficiary resident outside Malta, with a bona fide insurance company carrying on long-term insurance business outside Malta); and

(b) it transfers the benefit of such a policy or policies or

(a) it may not be assigned or surrendered except on conditions which satisfy such requirements as may be prescribed;

(b) the amount secured by the policy may not be commuted except on conditions which satisfy the requirements of such scheme; and

(c) it satisfies such other requirements as may be prescribed by any regulations or directives for the purpose of this article.