Federal pension fund laws. Fund management system

Social security of the elderly is the responsibility of the state.

That is why the Pension Fund of Russia exists, which receives contributions from all working citizens in order to receive cash payments from the state in the future and while away a comfortable old age.

But in most cases, the pension is not even enough to cover essential expenses, such as food, public Utilities, medicines.

It was created to solve this problem. They first arose after the issuance of a Presidential Decree in 1992. In 1998, the eponymous Federal law number 75.

There are many more laws and by-laws that regulate the mechanism of work of the NFP. We will talk about this now.

Legislative regulation of the issue

The hero of our discussion will be exactly 75 No. FZ. We will discuss it in detail in the following sections. Now let's consider the amendments to it and the rest of the legislation that addresses the issue.

This Federal Law No. 410 contributes a number of amendments in Federal Law 75, namely:

Federal Law No. 111 of July 24, 2002 regulates the process of formation of pension savings, their investments for profit (investment), regulates the legal status of participants in this process, the participation of the state in monitoring its functioning.

Another major amendment to Federal Law No. 75 is contained in Federal Law No. 167 of June 29, 2015. Changes have been made to the procedure for reorganization, termination of the fund's activities, the qualitative composition of the management apparatus has been changed, powers have been expanded Central Bank on the imposition of sanctions, including the deprivation of a license.

We have presented you with the minimum essentials, without which it will be difficult to understand the topic. In other sections, we will also meet with laws and by-laws that regulate the activities of NPFs.

Federal Law No. 75: its goals and objectives

Within the framework of the main law on our topic, non-state pension fund is an organization with two main goals: non-state provision of pensions and compulsory pension insurance.

In the first In this case, you voluntarily accrue a certain amount of money according to the scheme you have chosen, which is part of the payment for your work. In turn, the selected organization invests the funds received at its discretion, thereby multiplying your investments. It's only about.

In the second In this case, we are talking about a system created and supported by the state, under which pensioners and persons with disabilities are entitled to payments. This part of the pension is called.

You need to move towards your goals gradually and deliberately. Therefore, in order to achieve them, the NPF needs perform a series of tasks:

Let's analyze NPF reliability criteria:

The total amount of pension reserves.
The reputation of the fund and its founders.
The time that the NPF has been operating on the market.
The value of the property reflected in the charter to ensure risks.
Does it allocate funds between different investments to mitigate risks.
Participation in professional associations.

Regulation of the activities of funds

In accordance with Chapter 10 of Federal Law No. 75, the control and supervisory function of NPFs is assigned to two subjects: central bank and the Department of Labor and social protection RF.

At CB a very wide range of powers, namely:

Also Bank has the right to:

make checks according to the plan, but not more often than once a year;
review activities outside the plan, if there are good reasons for doing so;
apply to the bodies that have the legal right to engage in operational-search activities, with a request to conduct operational-search measures.

If still detected violations, then the Central Bank can:

send instructions to eliminate them;
prohibit all or part of the operations;
take away the license and put temporary managers.

Guarantees for depositors

Any investment activities associated with risks. But the fact is that pension insurance is too important an issue that should never be left to chance. Therefore, Chapter 5 of Federal Law No. 75 provides guarantees for the normal functioning of NPFs.

Article 20 requires each foundation to form insurance reserve . It is needed to ensure that the obligations to investors will be fulfilled. The procedure for its creation and dimensions are specified in the Order. Federal Service on finance and markets dated 18.03.2008 N 08-11 / pz-n.

Every year, the activities of the fund must be held actuarial valuation , that is, the analysis and quantitative characteristics of risks according to financial obligations. It is carried out in accordance with the requirements of Federal Law No. 293 “On actuarial activities in the Russian Federation”. The conclusion should contain the results of the assessment of the fund's obligations, the sum of all material resources, evaluation of activities to fulfill obligations, etc.

Every year the Foundation is obliged to carry out audit , that is, checking the reporting of the organization. Based on the results, conclusions are drawn about its reliability, about real position Fund and its further functioning. For details, please refer to Federal Law No. 307 “On Auditing”.

Finally, for greater reliability and additional reinsurance, it is possible to create pooled guarantee funds . Also, an NPF can join a mutual insurance company on the basis of the Federal Law No. 286 of the same name.

Placing and investing in NPFs

In this section, we will talk about Chapter 6 of the Basic Law.

Article 24 lists principles of placement and investment:

You can invest in securities , both of Russian origin and those released abroad, but with some restrictions. Investments in government securities are especially welcome.

Both the fund itself and other entities, such as management companies, can work with the accumulated funds to increase them. The money is transferred to her trust management which does not result in a transfer of ownership.

To replenish the funds of pension reserves and savings, at least 85% of the profit. From this amount, we remove in advance the remuneration for managers and a special depository, for the sake of which this whole system works.

The activities of non-state pension funds are described in the following video:

The pension system in the Russian Federation is under strict state control. At the same time, there are a number of special non-state organizations that are legally regulated by 75-FZ "On This normative act will be discussed in detail in the article.

Non-state pension system: general characteristics

Pension funds that operate without government intervention are organizations whose functions include providing pensions to Russian citizens. It may have the character of insurance and early retirement. Activities of this kind should be carried out by the foundation on the basis of special license- this is stated in article 2 federal law No. 75-FZ "On Non-State Pension Funds".

How does the whole system in question work? 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 timely submit non-state pension payments to the depositor.

On the formation of the fund

Article 4 No. 75-FZ "On Non-State Pension Funds" we are talking about the procedure for the formation of the entire system under consideration. According to the law, the fund can be created only in the form of a joint-stock company of legal form. The shareholders themselves must have the rights to participate in its management. At the same time, the company is not obliged to answer for the obligations of its participants, but must be responsible for the property it owns.

This act contains norms according to which operations with bills of exchange and issuance of loans are strictly prohibited. The fund's shares must be paid before the founders apply for a license to the Bank of Russia.

About the functions of funds

What powers and obligations, according to 75-FZ "On Non-State Pension Funds", do the organizations in question have? It is worth paying attention to article 8, which states the following:

and contributions.
Conclusion of special pension type agreements.
Maintenance of pension accounts of non-state type.
Timely informing depositors and other participants of the system about the status of accounts.
Legal formation of pension reserves, organization of placement of funds from the reserves.
Investment of savings.
Maintaining tax and accounting records.
Implementation of actuarial calculations.
Production, appointment and payment of pension savings.
Implementation of some other functions specified in Article 8 of Law No. 75-FZ "On Non-State Pension Funds".

According to article 9, each non-state pension fund must develop a special set of rules that comply with the law. They must be approved by the fund's board of directors. A number of developed requirements can be included in the organizational charter.

About the property of the fund

Chapter 4 No. 75-FZ "On non-state pension funds" describes the procedure for the formation of property and disposal of it. According to Article 16, organizational property must be divided into pension savings and reserves.

What are reserves for? The law points to ensuring the solvency of the obligations of the participants. For the same purposes, accumulations are also formed. Here's how reserves are created:

target receipts;
pension contributions;
organizational income from the placement of pension-type 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 standard size reserves for pension schemes.

What about retirement savings? How is this group formed? The law specifies:

on funds transferred by the fund to trust management of a managing company;
on funds that were transferred from the FIU at the request of the insured person;
on finances transferred to the organization by the previous insurer, etc.

There are a number of guarantees for non-state pension funds to carry out their activities. These are audit, actuarial valuation by third parties and some other types of guarantee performance.

System management

What is the composition, according to the 75-FZ of 05/07/1998 "On Non-State Pension Funds", does the entire system under consideration have? It is worth paying attention to article 28. It states that the fund must necessarily contain a supervisory board, which includes directors. The transfer of powers managing organization or an individual manager in the form of an individual entrepreneur is prohibited.

An important role in any fund of the type under consideration is occupied by the Board of Trustees. At least 5 people from the total number of the board of directors and shareholders must go to it. The following items may be on the board's agenda:

on liquidation or reorganization of the fund;
on making some changes to the charter of the company;
about changing the maximum share of the fund's income, etc.

According to Article 33.2, the fund can be liquidated either as a result of the withdrawal of the license (at the initiative of the Bank of Russia), or by an independent decision of the shareholders.

Law changes

The law previously contained Article 35, which dealt with the prevention of monopolistic activity and the fight against it. It spoke about the inadmissibility of restrictions, namely, the creation of cartels, illegal types of struggle against competitors, etc. In 75-FZ "On Non-State Pension Funds", as amended in January 2017, the norm in question was removed due to the placement of a corresponding reference in another law (FZ "On Protection of Competition").

75-FZ was adopted in 1998, and for almost 20 years of operation it has undergone many different revisions.

1. If the death of the insured person occurred before the assignment of a funded pension and (or) fixed-term pension payment to him or her or before adjusting the amount of the specified pension and (or) fixed-term pension payment taking into account additional pension savings, the funds recorded on his funded pension account (with the exception of funds (part of funds) of maternity (family) capital, aimed at the formation of a funded pension, income from their investment), are paid to the successors of the insured person in accordance with this Federal Law, the insurance rules of the fund and the agreement on compulsory pension insurance of the fund with the insured person .

The payment of the pension savings of the deceased insured person is made to the legal successors specified in the agreement on compulsory pension insurance or in the application of the insured person for the distribution of pension savings, submitted to the fund, in accordance with the size of the shares determined by the insured person in such an agreement or application. In the absence of an indication of the size of the shares or the absence in the agreement of an indication of the distribution of pension savings funds and the absence of an application for the distribution of pension savings funds, the pension savings accounted for in the pension account of the funded part of the labor pension and payable to successors shall be distributed among them in equal shares.

2. In the event of the death of the insured person after the assignment of an urgent pension payment to him, the balance of the pension savings accounted for in his funded pension account shall be paid in the manner prescribed by parts 7 and 8 of Article 5

3. The payment of funds recorded in the pension account of the funded pension of the insured person is made to the legal successors of the deceased insured person, subject to applying for the specified payment to the fund within six months from the date of death of the insured person.

In the event of cancellation of the license to carry out activities for pension provision and pension insurance of the fund, the successors of the deceased insured person apply for the specified payment to the Pension Fund of the Russian Federation within six months from the date of cancellation of the license.

The deadline for applying for payment by the successor of the deceased insured person may be restored in judicial order.

4. In the absence of applications from successors during the period established by paragraph 3 of this article, the funds of the pension savings of the deceased insured person (with the exception of funds (part of the funds) of maternity (family) capital aimed at the formation of a funded pension, income from their investment) are taken into account in as part of the fund's reserve for compulsory pension insurance.

The payment of pension savings to the legal successors of the deceased insured person, who restored in court the period for applying for the payment of pension savings, is made by the fund at the expense of the fund's reserve for compulsory pension insurance.

5. The grounds for the payment of funds (part of the funds) of maternity (family) capital, income from their investment to the legal successors of the deceased insured person, as well as the grounds for the transfer of these funds to the Pension Fund of the Russian Federation are established by parts 8 and 9 of Article 5 of the Federal Law "On the procedure for financing payments for pension savings account.

6. The procedure for the application of the successors of the deceased insured persons for payments to the fund, as well as the procedure, timing and frequency of implementation said payments established by the Government of the Russian Federation.

The procedure for calculating the amounts of pension savings payable by the fund to successors of deceased insured persons, the procedure for transferring pension savings to the fund's reserve for compulsory pension insurance, and the procedure for disbursing pension savings from the said reserve shall be established by the Government of the Russian Federation.

Judicial practice under article 36.21 of the Federal Law of 07.05.1998 No. 75-FZ

Decision No. 2-5374/2018 2-5374/2018~M-5186/2018 M-5186/2018 dated September 28, 2018 in case No. 2-5374/2018

Nizhnevartovsk City Court (Khanty-Mansiysk Autonomous Okrug-Yugra) - Civil and administrative

Months after the reasons for missing this period have disappeared (part 1 of article 1155 Civil Code Russian Federation). By virtue of p.p. 1, 2, 3 st. 36.21 of the Federal Law of May 7, 1998 No. 75-FZ “On Non-State Pension Funds” if the death of the insured person occurred before the appointment of a funded pension and (...

Decision No. 2-1260/2018 2-1260/2018~M-1059/2018 M-1059/2018 dated September 27, 2018 in case No. 2-1260/2018

Shadrinsky district court (Kurgan region) - Civil and administrative

He receives an urgent pension payment, the payment procedure provided for in Article 5 of the Federal Law “On the procedure for financing payments from pension savings” is applied. In accordance with Art. 36.21 of the Federal Law "On non-state pension funds" in the event that the death of the insured person occurred before the appointment of the funded part of the old-age labor pension and (or) urgent pension payment ...

Decision No. 2-3106/2018 2-3106/2018~M-2976/2018 M-2976/2018 dated September 27, 2018 in case No. 2-3106/2018

Almetyevsk city court (Republic of Tatarstan) - Civil and administrative

1) first of all - to children, including adopted children, spouse and parents (adoptive parents); 2) in the second place - brothers, sisters, grandfathers, grandmothers and grandchildren. According to Art. 36.21 of the Federal Law "On Non-State Pension Funds" No. 75-FZ in the event that the death of the insured person occurred before the assignment of the funded part of the labor pension to him or before the recalculation of the size of the funded part ...

Decision No. 2-1404/2018 2-1404/2018~M-1382/2018 M-1382/2018 dated September 27, 2018 in case No. 2-1404/2018

Kamyshinsky city court (Volgograd region) - Civil and administrative

Within six months from the date of death of the insured person. The deadline for applying for payment by the successor of the deceased insured person can be restored in court (clause 3, article 36.21 of Federal Law No. 75-FZ). Decree of the Government of the Russian Federation of July 30, 2014 N 710 approved the Rules for the payment by a non-state pension fund that provides mandatory pension insurance to the successors of the deceased ...

Decision No. 2-3936/2018 2-3936/2018~M-2895/2018 M-2895/2018 dated September 27, 2018 in case No. 2-3936/2018

Zheleznodorozhny District Court of Krasnoyarsk (Krasnoyarsk Territory) - Civil and administrative

The procedure for applying for payments by the legal successors of deceased insured persons, as well as the procedure, terms and frequency of making these payments are established by the Government of the Russian Federation. According to part 1 of article 36.21 of the Federal Law of May 7, 1998 No. 75-FZ, if the death of the insured person occurred before the assignment of the funded part of the old-age labor pension to him and (...

Decision No. 2-735/2018 2-735/2018~M-652/2018 M-652/2018 dated September 27, 2018 in case No. 2-735/2018

Nurlat District Court (Republic of Tatarstan) - Civil and administrative

Assigning him an urgent pension payment, the payment procedure provided for in Article 5 of the Federal Law “On the procedure for financing payments from pension savings” is applied. Paragraph 3 of Article 36.21 of the Federal Law of May 7, 1998 No. 75-FZ “On Non-State Pension Funds” provides that the payment of funds recorded in the pension account of the funded pension of the insured person is made ...

Decision No. 2-2466/2018 2-2466/2018~M-1985/2018 M-1985/2018 dated September 27, 2018 in case No. 2-2466/2018

Arzamas city court (Nizhny Novgorod region) - Civil and administrative

It is possible to consider the case in the absence of the defendant. After hearing the plaintiff, having studied the case materials, analyzing and evaluating the evidence, the court comes to the following. In accordance with paragraph 3 of Art. 36.21 of the Federal Law No. 75-FZ of 05/07/1998 "On Non-State Pension Funds", the payment of funds recorded in the pension account of the funded pension of the insured person is made to the legal successors of the deceased ...

Decision No. 2-772/2018 2-772/2018~M-706/2018 M-706/2018 dated September 26, 2018 in case No. 2-772/2018

Monchegorsk city court (Murmansk region) - Civil and administrative

The telephone message was asked to consider the case without the participation of a representative of the fund, they have no objections to satisfying the claim. After examining the materials of the case, the court finds the claim subject to satisfaction. By virtue of the article 36.21

Decision No. 2-3639/2018 2-3639/2018~M-3451/2018 M-3451/2018 dated September 25, 2018 in case No. 2-3639/2018

Sverdlovsky district court of Irkutsk (Irkutsk region) - Civil and administrative

P. 12 Art. 9 of the Federal Law "On labor pensions in the Russian Federation", Art. 38 of the Federal Law "On investing funds to finance the funded part of labor pensions in the Russian Federation", art. 36.21 of the Federal Law "On non-state pension funds" establishes the right of a certain category of citizens (successors) to receive pension savings of deceased persons insured in the system of compulsory pension insurance. In accordance with p. ...

55 04/02/2019 5 min.

Non-state pension funds began to appear en masse more than 20 years ago and are among the organizations providing voluntary pension insurance. Law No. 75, adopted in 1998, regulates the activities of these joint-stock companies, regulates legal and economic relations that arise during the creation and termination of their existence.

In accordance with the Federal Law "On Non-State Pension Funds", the decision to register an NPF is within the competence of the Bank of Russia. The same institution issues a license, which it cancels in case of violation of the law and obligations to participants. The provision of the document is denied if the established standards are not met.

NPFs accept pension savings from depositors, ensure the safety and timely payment of savings. The Central Bank has the right to submit an application to the Arbitration to stop the activities of a non-state company if it does not fulfill its obligations.

Key points

The law regulates relations that arise in the course of the activities of non-state funds, which can only be created in the form of joint-stock companies that provide pension insurance. Federal Law No. 75 regulates the need to exercise control over the performance of the functions of NPFs, their liquidation or reorganization.

Funds are issued a license, on the basis of which they conduct activities in the field of pension insurance and provision. In Art. 3 of the Basic Provisions indicate and describe the concepts used in the law.

An agreement is concluded between the participant and the NPF, according to which the depositor transfers pension contributions, and the fund pays him a non-state cash benefit.

An agreement is signed between the organization and the insured person on compulsory insurance. Next happens. Upon the occurrence of the foundation, the NPF must pay to the citizen funded pension or make an urgent or lump sum payment to a fund participant or its successor.

For those who form the funded part of the pension, it will not be superfluous to study -.

Early retirement

According to Article 3 of this law, people working in conditions that are officially recognized as dangerous and harmful have the right to conclude an early retirement agreement with NPFs. Based on the signed document, funds are paid by non-state funds before the age of 60 for men and 50 for women.

The parties to the agreement are:

contributor;
participant;

Until the end of 2014, citizens had to determine whether they would form the funded part of the pension

The contract must contain:

the names of the parties;
their duties and rights;
type of early security;
grounds for payment;
order of appointment and delivery;
conditions for terminating the agreement;
the responsibility of the participants.

In accordance with the law, the employer develops special program on the payment of pensions to employees before reaching the age of retirement. This document defines the procedure for the functioning of the system of early provision of payments to employees who work in places with conditions recognized as unhealthy.

If the insured person changes their mind and wants to funded part was formed by the state, then you should find out -.

Creation and functions of funds

The non-state fund must have legal form joint-stock company. The founder determines the charter of the NPF, the full and abbreviated name of the legal entity, and the type of its activity. In Art. 4 fixes the obligations of the organization and its shareholders.

NPF cannot issue a loan, conduct transactions with bills, carry out mutual offsets. The company is responsible for the property of the participants, but is not responsible for the failure of shareholders to fulfill their obligations.

The main functions of non-state funds are presented in Art. 8 of the law. These include:

introduction of accounts;
conclusion of pension contracts;
providing information to depositors on the amount of accumulated funds;
payment and storage of contributions;
formation of a reserve;
making calculations.

Requirements for NPF specialists are stipulated in Article 6. People with a criminal record, heads of enterprises that went bankrupt up to 3 years ago cannot apply for such positions. The duties of employees include the introduction of accounting - accounting and tax, the provision of data to the Central Bank.

According to the law non-state funds have the right to access the information of depositors, but are obliged to maintain confidentiality. NPF specialists are allowed to process personal data of clients. This does not require consent. individuals.

About contributors

Article 13 presents the rights and obligations of insured citizens and members of NPFs. They are determined not only by this law, but also by the regulations of the Bank of Russia, agreements on pension provision and insurance.

Participants have the right to demand:

fulfillment of all obligations under the concluded agreement;
payment and transfer of amounts to other funds;
changing the terms of the agreement on pension provision.

The obligations of depositors include the timely transfer of contributions in the amount established by the agreement and the procedure in force in the NPF.

The insured person has the right to receive accumulative and urgent payments, demand information about the state of the account, conclude a new contract, but not earlier than 12 months.

Shareholding

Non-state funds were created in order to accumulate pension contributions, which are then used to pay their participants. These companies guarantee investors the fulfillment of their obligations even in the event of termination of activities.

In 2013, the law “On corporatization of NPFs” was adopted. Based on it, all non-governmental organizations that enter into pension insurance contracts are subject to the corporatization procedure starting from 2016. In this regard, all savings of participants are transferred to the PFR. The Central Bank checks management companies, after which they must enter into state program guaranteeing the safety of depositors' savings. An insurance reserve is being created, which will be up to 10% of pension investments.

The law provides for a reduction in the number of foreign organizations, the exclusion of offshore companies in the participation in the collection of contributions and investment and pension contributions.

The Central Bank is instructed to control the activities of NPFs and issue licenses to them. The changes affected statutory fund these organizations, its size cannot be less than 150 million rubles. In addition to increasing the number equity, other amendments are made:

The requirements for registration of NPFs and their managers have been strengthened.
Compiled new order liquidation of organizations.
Rules for early provision of pensioners have been adopted.

Non-state funds are prohibited from engaging in insurance at a professional level. The updated version of the law provides guarantees to depositors and the creation reserve fund. NPF employees do not have the right to enter into agreements with people and remotely withdraw money from their account.

Government organizations do not invest in risky assets

prospects

The current pension system is being modernized in the country, provisions are being reviewed that relate to the activities of non-state funds. These organizations redistribute free resources to the needs of the economy, and not only pay additional funds to pensioners.

Prospects for the development of NPFs are associated with the development of measures aimed at attracting individuals, as well as business leaders to participate in the system non-state support pensions.

This option suits citizens in that they can save money in a small amount, and the NPF guarantees the safety of savings and their increase. The state undertakes to stimulate the development of funds, to attract citizens to participate in the pension insurance system. Such organizations offer investors flexible schemes that are based on a contractual basis and legal mechanisms.

Conclusions:

The NPF is engaged in investing the invested money, which allows the contributor to increase the size of the funded pension.
A fund operating on the basis of a license guarantees the fulfillment of all obligations stipulated in the agreement with the investor.
The right to dispose of the funds of the deceased participant is granted to any person specified in the will.
The activity of the NPF is controlled by the Bank of Russia.
A citizen has the right to transfer a pension from one fund to another.
The depositor receives information about the state of the account.

The non-state pension fund is Joint-Stock Company , which has an exclusive license to perform the function of non-state pension provision. First NPFs were created in the period from 1993-1995 on the basis of the Decree of the President of the Russian Federation, which entered into force on September 16, 1992 No. 1077 "On Non-State Pension Funds". At the same time, about 350 organizations related to this industry were created. For a settlement economic relations within communities of this kind, a new law was required.

Federal Law "On non-state pension funds" N 75 FZ was adopted on May 7, 1998. The law regulates the legal and socio-economic relations that are manifested during the formation of NPFs, the implementation of their direct activities and the abolition.

According to the Federal Law on the NPF of the Russian Federation, the state registration of each new non-state pension fund takes place in accordance with the Federal Law "On state registration legal entities And individual entrepreneurs» N 129-FZ, adopted on August 8, 2001. The verdict on the registration, abolition or reorganization of the NPF is issued by the Bank of Russia.

The fund is licensed for an indefinite period by the Bank of Russia FZ 75 (Art. 7.1 FZ-75). However, in case of repeated violations of federal laws and regulations of the Bank, the license may be cancelled. The Bank of Russia has the right to refuse licensing to an applicant if it does not meet the standards specified in Part 10 of Art. 7.1 Law 75 on non-state pension funds.

The main functions of the NPF established in the current federal law are the implementation of work with pension savings depositors, timely payments to participants, monitoring the safety of fund savings. In case of loss of part of the assets, the shareholders are obliged to reimburse the missing amount to the depositors.

The charter of an NPF is determined by its creator. The required items are:

Name in full and abbreviated form with the presence in it of the concept of "Non-State Pension Fund" and the abbreviation "NPF";
Determination of the exclusive activities of the joint stock community;
Maximum definition own income from investing pension funds and reserve placements;
Directive for the establishment of a board of trustees from among the contributors, fund participants and authorized representatives of the insured persons.

Requirements for officials, accounting staff and NPF controllers are regulated by Article 6.2. The current text defines the criteria for competence and aptitude. In particular, the applicant for the post official must not have outstanding convictions for intentional criminal acts, be registered in similar positions in financial organization declared bankrupt, if no more than three years. departmental controller, Chief Accountant, a member of the supervisory board of directors is elected from among the members of the joint-stock company. An individual from the partner list of a non-state pension fund cannot hold the listed positions.

The current Federal Law empowers non-state pension funds with the authority to access confidential information of contributors and partners (art. 15). Informative secrecy must be maintained. Disclosure of personal information of depositors to third parties is punishable by law in accordance with the Constitution of the Russian Federation, except for the cases provided for by the law in question. NPF has the right to process personal data of individuals without their express consent.

The right of contributors is to demand absolute observance of obligations under the pension contract. These include timely pension payments, including early (upon prior request).

The reorganization of the non-state pension fund takes place on the basis of a decision made at the general meeting shareholders. The adopted decision to change the functions of the joint-stock company obliges its management to notify the Bank of Russia of what is happening. Within 30 working days from the date of notification of the Bank, creditors are warned about the reorganization. The notification about the beginning of the NPF reorganization procedure should indicate the estimated time frame for its implementation, the conditions for reorganization and information about the possible addresses of additional funds created as a result of the reformation. At the end of the procedure, an entry on the reorganization of the joint-stock company is entered in the state register.

The decision to terminate the activities of the fund adopted in accordance with the current federal law and the Constitution of the Russian Federation. Within 30 days from the date of the adoption of liquidation measures, pension savings are sent to the Pension Fund of the Russian Federation in the manner provided by the Bank. NFP reserves are operated within the framework of payments or redirection to other funds of pension insurances and redemption amounts to depositors and participants. In case of shortage monetary assets pension reserve, the missing amount can be added from the joint guarantee savings.

The Bank of Russia has the right to file an application with the Arbitration Court of the Russian Federation on the forced termination of the activities of a non-state pension fund. If an appropriate decision is made in court, the joint-stock company is declared insolvent in accordance with the provision of the Federal Law of October 26, 2002 N . Solution Arbitration Court issued within a month from the date of filing the application by the Bank of Russia.

Like other laws of the Russian Federation, Federal Law 75 on Non-State Pension Funds undergoes periodic changes. This is due to the rapidly changing socio-economic situation in the state. The last significant amendments to 75-FZ were made on July 3, 2016.

Recent changes regarding the activities of non-state PFs

The latest amendments to the Federal Law "On Non-State Pension Funds" N 75 FZ were made on July 3, 2016 and entered into force on January 1, 2017.

The changes affected several articles of this law at once. Paragraph 9 of Art. 7.1 in new edition states that the license of a non-state pension fund issued on the letterhead of the Bank of Russia must contain information on a possible restriction on the implementation of activities on and NP security.

IN item 12 This article has been amended to clarify possible reasons license renewal. The Bank of Russia is authorized to reissue licensing in the event of changes in the name of the NPF or a change in the actual address of the fund.

Article 7.1 according to the act of July 2, 216, is supplemented by paragraph 18. The text of this part of this article clarifies that the NFP is authorized to carry out the direct activities specified in the license document. All possible amendments are negotiated and agreed upon with the Bank of Russia.

Reporting documentation must be submitted to in electronic format, fastened electronic signature (art. 32.1, part 3) .

Art. 7.2 was supplemented by part 2.1 . According to its regulations, the Bank of Russia is authorized to cancel the licensing of a non-state pension fund for refusing to fulfill the requirement for membership in SROs (N 223-FZ "On self-regulatory organizations in the field of financial market"). Appeared in the updated Art. 14 paragraph 6 also obliges NPFs to join SROs in the financial market.

Download the law on non-state pension funds of the Russian Federation

You can download the current text of the current Federal Law "On Non-State Pension Funds" N 75 FZ at