75-FZ "On non-state pension funds": a description of the law with amendments
Pension system in the Russian Federationis under strict state control. At the same time, there are a number of special non-governmental organizations that are legally regulated by the 75-FZ "On Non-State Pension Funds." It is this normative act that will be discussed in detail in the article.
Non-State Pension System: General Characteristics
Pension funds that realize theiractivities without state interference are called organizations whose functions include pension provision for Russian citizens. It can have the character of insurance and early retirement provision. Activities of this kind should be implemented by the fund on the basis of a special license - this is stated in Article 2 of the Federal Law No. 75-FZ "On Non-State Pension Funds".
How does the entire system work? Non-state pension funds conclude a pension agreement with their clients - a special agreement between the client and the organization, according to which the depositor must pay contributions, and the fund, in turn, is obliged to provide non-governmental pension payments in a timely manner.
On the formation of the fund
In Article 4 No. 75-FZ "On non-statepension funds ", it is a question of the procedure for the formation of the whole system under consideration, according to the law, the fund can be created only in the form of a joint-stock company of organizational and legal form, while shareholders themselves must have the rights to participate in its management. participants, but should be responsible for the property owned.
This act contains norms, in accordance withwhich strictly prohibit operations with promissory notes and the issuance of loans. The fund's shares must be paid before the founders apply for a license to the Bank of Russia.
On the functions of funds
What powers and responsibilities, according to the 75-FZ "On non-state pension funds", are the organizations under consideration? It is worth paying attention to article 8, which states the following:
- Accumulation of pension savings and contributions.
- Conclusion of special contracts of a pension type.
- Maintenance of pension accounts of non-state type.
- Timely informing depositors and other participants of the system on the status of accounts.
- The legal formation of pension reserves, the organization of placement of funds from reserves.
- Investing in savings.
- Maintenance of tax and accounting.
- Implementation of actuarial calculations.
- Production, appointment and payment of pension savings.
- Realization of some other functions specified in Article 8 of Law No. 75-FZ "On Non-State Pension Funds".
According to article 9, each pension fundnon-governmental nature should develop a special set of rules that are in accordance with the law. They must be approved by the board of directors of the fund. A number of developed requirements can be concluded in the organizational charter.
On the property of the fund
In Chapter 4, No. 75-FZ "On non-state pensionfunds "is told about the procedure for the formation of property and its disposal According to Article 16, the organizational property should be divided into pension savings and reserves.
Why do we need reserves? The law points to ensuring solvency for the obligations of participants. For the same purposes, accumulations are formed. Here at the expense of what reserves are formed:
- target receipts;
- pension contributions;
- organizational income from the placement of pension reserves;
- any other property determined by the decision of the Board of Directors of the Fund.
According to the law, only the Bank of Russia can establish the standard amount of reserves for pension schemes.
And what about retirement savings? Due to what this group is formed? The law specifies:
- on the funds transferred by the fund to the trust management of a company of the managing type;
- on funds that were transferred from the FIU at the request of the insured person;
- on the finances transferred to the organization by the previous insurer, and so on.
There are a number of guarantees for non-state pension funds to carry out their activities. This is an audit, actuarial evaluation by third parties and some other types of guarantee execution.
What is the composition, according to the 75-FZ of 07.05.1998 "On non-state pension funds" has the entire system under consideration? It is worth paying attention to article 28. It says that the fund must necessarily contain an observation board, which includes directors. The transfer of the powers of the managing organization or an individual manager in the form of IP is prohibited.
An important role in any fund of thetype takes board of guardians. It should be attended by at least 5 people from the total number of the board of directors and shareholders. The agenda of the council may contain the following questions:
- on liquidation or reorganization of the fund;
- the introduction of some changes into the company's charter;
- on the change in the maximum share from the fund's income, and so on.
According to Article 33.2, the fund can be liquidated either as a result of withdrawal of a license (on the initiative of the Bank of Russia) or by an independent decision of shareholders.
Changes in the law
The law previously contained article 35, in whichwhich dealt with preventing and fighting against monopoly activities. It spoke about the inadmissibility of restricting fair competition, namely, the creation of cartels, illegal types of competition with competitors, etc. In 75-FZ "On non-state pension funds" with changes from January 2017, the norm in question was removed due to the placement of the relevant reference in another law (the Federal Law "On Protection of Competition").
75-FZ was adopted in 1998, and for almost 20 years of operation it has undergone many different processing.