France in February 2019 published transitional (or emergency) measures related to insurance in case of a no-deal Brexit. As per the new rules, contracts may not be amended if additional premiums are collected renewals, including automatic renewals are not allowed payment of claims will not be considered a breach for at least the first 12 months The new rules apply to contracts covering French risks and entered into before

After 60 years of fierce debate, France has finally decided to reform its income tax system and to shift the burden of income tax collection from the State to employers, thus aligning itself with all other EU Member States and most western countries which deduct income tax under a Pay As You Earn (PAYE) system. As of 1 January 2019, employers will be compelled to collect income tax through deducting it from their employees’ salaries and to pay it to the French Tax Department.

Finding out which laws and regulations apply in the U.S. and especially when crossing the U.S. border sometimes is a complex matter. Case in point: the marijuana industry is legal in certain U.S. States such as Colorado or California but is illegal as per federal law. So what happens when a marijuana industry official enters the U.S. by way of, say, San Francisco International airport? The U.S. Customs and

The OECD in July 2018 released its Annual Survey of Investment Regulations of Pension Funds 2018, which describes the main quantitative investment regulations that pension funds are subject to in OECD and a selection of IOPS member countries. It covers all types of pension plans, and concerns all forms of quantitative portfolio restrictions applied to pension funds at different legal levels. The 356-page survey’s findings conclude, in part, that:

The Pacific Research Institute in February 2018 released a study, Breaking Down Barriers, that examines the economic impact of duplicative licensing regulations for independent claims adjusters and underscores the need for increased licensing reciprocity among U.S. states. According to the study, the average claims adjuster holds between ten and twelve different state licenses, which can cost as much as $1,000 each. These burdensome requirements make it more difficult for

China in November 2017 announced it would lift the current foreign ownership cap for life insurance companies to 51 percent in 2020 and remove the limit altogether two years later. Other segments of the financial industry will see their limits relaxed even earlier. The limits for fund management companies and for securities ventures will be raised this year to 51 percent, then completely removed in three years, whereas banks

Zenefits Insurance Services and co-founder and former CEO Parker Conrad will pay a combined $980,000 in fines after a settlement with the U.S. Securities and Exchange Commission (SEC), the latter said in October 2017. The SEC alleged Zenefits had misled investors when raising capital through private offerings, by making false statements about their compliance with state insurance laws, specifically whether its business and employees were licensed to sell insurance. The

The United States and the European Union in September 2017 signed an agreement that will help U.S. insurers and reinsurers operate in the E.U. by ending Solvency II (S2) regulatory barriers. The American Insurance Association said the agreement provides mutual acknowledgement of prudential supervision in both the E.U. and the United States, and will eliminate barriers that U.S. insurers have faced since S2 was implemented. For reinsurance, the agreement

Managing regulatory and compliance risk in the face of constantly evolving rules and guidelines is a significant challenge for both the payers and the providers who make up the United States’ healthcare industry, creating a market need for systems that can consistently support regulatory, reimbursement and compliance professionals. A June 2017 white paper from management consulting firm Frost & Sullivan, The Increasing Challenge of Managing Regulatory and Compliance Risk,

The UAE Ministry of Human Resources and Emiratisation (MOHRE) in 2016 issued work permit fines to over 52,000 organizations for a total of 141,000 fines for incomplete work permit registration or late renewals, hitting approximately 15 per cent of UAE companies. The fine is Dhs100 per day, capped at Dhs2,000 (USD 544 or EUR 476 at June 30, 2017 exchange rates). An organization cannot not receive any further work

The Canadian Council of Insurance Regulators (CCIR) in late May 2017 released its Travel Health Insurance Products Position Paper detailing final recommendations to the issues it identified in travel health insurance, to enhance consumer protection and confidence, including: Development of common standardized definitions and terminology Improvements to the application, screening and claims process Simplifying and improving disclosure documents Ensuring adequate controls and oversight mechanisms are in place throughout the

Sweden has made a number of changes to their Anti-Discrimination Act as of January 1, 2017. These include extending the scope of an act requiring all employers to take active measures to bring about equal rights and opportunities in the workplace regardless of gender, ethnicity and religion to include transgender identity or expression, disability, sexual orientation, and age. Other developments include a requirement for comprehensive documentation of all employers’

The government of the United Kingdom in December 2016 published a revised version of the gender pay gap regulations that come into force in April, 2017. These regulations require private sector employers within the U.K. with at least 250 employees to publish certain information about the differences in pay between men and women. It is anticipated that 34 percent of the total U.K. workforce (7,960 employers and around 11

Following the successful conclusion in January 2017 of the bilateral agreement on insurance and reinsurance between the European Union and the U.S., industry body Insurance Europe welcomed the deal, supporting in particular the removal of the discriminatory collateral requirements that E.U. reinsurers were subject to when placing business in the U.S.. This change is expected to support bilateral trade in insurance and reinsurance. However, the National Conference of Insurance

The U.K.’s High Court in November 2016 ruled that the British government could not trigger Article 50 of the E.U. Treaty, thereby setting off Brexit negotiations, without having Parliament voting on the matter first. The government has appealed the decision and the appeal will be heard in the U.K. Supreme Court in early December. The court stated it would deliver its judgment, which is final, “probably in the New

The Association of British Insurers (ABI) published an analysis of how EU legislation impacts on the U.K. insurance and long term savings industry after BREXIT. The analysis, titled EU Exit: EU Legislation Mapping Exercise, identifies legislation that ranges from key consumer protections, such as the European Health Insurance Card and Data Protection regulations, to EU-wide prudential regulations like Solvency II. The mapping exercise identified 80 “relevant” pieces of EU

General Electric (GE) in September 2016 has had its European pension fund approved by FSMA, Belgium’s financial supervisory authority and the regulatory body for pension funds. GE is encouraging its existing European-based pension plans to join the fund, which takes the legal form of an Organisme de Financement de Pensions (OFP), Belgium’s IORP-compliant vehicle for pensions provisions. At this early stage, a management committee has been appointed. An IORP

The United Kingdom following its referendum, in June 2016, decided to leave the European Union. From the perspective of global employee benefits and global mobility, the consequences are unknown as of June 24, the day when “Brexit” was announced. Not least because the modalities and the details of the forthcoming separation of the United Kingdom and the European Union are still to be negotiated according to the Treaty of Lisbon,

New regulations dealing with the protection of personal data for the citizens of the European Union went into effect on 25 May, 2016. E.U. General Data Protection Regulation 2016/679 (GDPR) will fully replace Directive 95/35/EC in 2018, after a two-year transitional period. The new regulations, drawn up in 2012 for the purpose of ensuring a consistent and high level of protection of an individual’s personal data and rights, have

Captive insurance has been an increasingly popular alternative risk transfer mechanism for U.S. companies for decades. But what may come as a surprise is that one of the great growth opportunities isn’t a new property or casualty exposure. It’s employee benefits. Some seemingly minor changes in the U.S. regulatory landscape may go a long way in explaining the renewed interest in employee benefits captives – but read on: Peter