{{1}}
1. Who is PERCO for?
All businesses could set up a savings plan for collective retirement (PERCO) for their employees.
The PERCO had to be opened to all your employees as soon as it is set up. However, you could require a seniority condition: a maximum of three months. The spouse (or the Pacs partner) with the status of employee was also entitled to the benefit of PERCO in companies with less than 250 employees.
He could predict theautomatic enrollment of your employees. You had to inform them of their membership in this case since they had 15 days to refuse the membership.
PERCO did not require the establishment of a business savings plan (PEE).
{{2}}
2. How to implement PERCO in the company?
The Pact law replaced PERCO with retirement savings plans (PER), and in particular through the collective business retirement savings plan (or collective business PER) since October 1, 2019.
As a result, you can no longer set up PERCO since October 1, 2020.
However, if you already have one within your company, your employees can keep it and continue to feed it. They also have the option of transferring their savings to the new “PerCollectif”.
To note
Retired employees, employees who have resigned and those dismissed can also continue to make payments into PERCO under certain conditions.
You want to set up a Collective business PER in your business? It can be at the initiative of managers or created by an agreement with employee representatives. You will have to conduct prior negotiation in the presence of a union delegate or Social and Economic Committee within your business.
Switch to the dematerialization of your CSE register ! This is mandatory in companies employing between 11 and 50 employees. You can download your social and economic committee register in PDF format at any time and in one click.
{{3}}
3. What information should be communicated to employees when setting up a PERCO?
When you employed a new employee, you had to give them a Employee savings account telling him the devices present in the company, as well as the PERCO regulations.
In addition, you need to send your employees a Situation statement Of their PERCO every year. It should include:
• the choice of allocation of PERCO savings;
• its value on December 31 of the previous year;
• payments and withdrawals made during the previous period.
You also need to provide a summary statement Amounts and securities upon the departure of an employee.
{{4}}
4. How can a PERCO be powered?
Your employees always have the option of making payments into the PERCOs that are already open.
Payments are optional. However, the PERCO regulations may provide for a minimum annual voluntary payment. This cannot exceed 160 euros.
For example, your employees can supply it with:
• employee savings (profit-sharing or participation);
• the transfer of other employee savings plans (PEE or other PERCO for example);
• their time savings account (CET);
• their day of rest not taken up to a limit of ten per year in the absence of a CET;
• voluntary payments capped at 25% of their gross annual remuneration.
As an employer, you can also make additional payments to the PERCO. It's about the Abundances.
Good to know
The contribution must not exceed three times the amount paid by the employee, nor be greater than 7,419 euros.
The company can also perform an initial payment and/or periodic payments limited to 928 euros per year. In this case, the payments must concern all employees.
Additional payments made by companies with fewer than 50 employees are subject to the social security package.
The amounts paid into the PERCO are acquired for the employees.
{{5}}
5. What investments does PERCO offer?
The PERCO must offer at least three investment vehicles with different management orientations.
To note
Your employees must be able to opt for an investment that gradually reduces financial risks.
One decision support is provided for in the PERCO regulations.
{{6}}
6. How to recover the amounts on the PERCO?
The amounts paid into the PERCO are blocked until the moment of Retirement of the employee.
It may take some time to release funds two different shapes :
• the payment of a life annuity acquired at a cost calculated in accordance with life insurance rules;
• the payment of a capital paid in one or several installments.
A life annuity consists in regularly paying an amount to the beneficiary. The payment does not end until he dies.
Good to know
The PERCO regulations define the type of payment upon release of funds and the way in which employees must express their choice.
Your employees can also ask for a early unlocking.
Les case of early unblocking are:
• the death of the employee or of his spouse or his Pacs partner;
• the disability of the employee or of his spouse or of his Pacs partner or of one of his children;
• the over-indebtedness of the employee;
• the acquisition of the employee's main residence;
• the rehabilitation of the employee's main residence following a natural disaster;
• the expiry of the employee's unemployment insurance rights.
{{7}}
7. What is the taxation applicable to PERCO?
Your company's contributions and the voluntary payments from your employees resulting from profit-sharing and participation, benefit from an income tax exemption:
• within the limit of 7,419 euros for the contribution;
• up to a limit of 34,776 euros for voluntary payments.
Regarding the income from the securities held in the plan, they are exempt if they are reinvested in it. Conversely, they are subject to income tax and social security contributions at the rate of 17.20% otherwise.
In addition, the exit taxation The PERCO depends on the method of payment:
• in the form of a life annuity;
• in the form of capital.
Retirement from a life annuity is subject to income tax in category of life annuities acquired at a cost. A portion of the pension is exempt depending on the age of the employee: between 30 and 70% of the pension. The taxable portion is subject to social security contributions in the amount of 17.20%.
As for the capital outflow, voluntary payments by the employee are exempt from income tax and social security contributions. As for the gains made during the term of the plan, they are exempt from tax, but subject to social security contributions.
Axiocap Suggests you to simplify and dematerialize your administrative procedures in business thanks to the:
• dematerialization of your mandatory registers ;
• dematerialization of the management of your securities movements ;
• electronic signature;
Axiocap is a subsidiary of Infograft. We therefore provide you with legal evidence that can be enforced in court.
