of December 28, 2022 No. 555-FZ
About guaranteeing the rights of members of non-state pension funds within activities for non-state pension provision and forming of long-term savings
Accepted by the State Duma on December 15, 2022
Approved by the Federation Council on December 23, 2022
1. The purpose of this Federal Law is protection of the rights and legitimate interests of members of non-state pension funds within activities for non-state pension provision and forming of long-term savings (further - participants).
2. This Federal Law establishes legal, financial and organizational basis of functioning of system of guaranteeing the rights of participants, governs the relations between subjects of system of guaranteeing the rights of participants, determines procedure and conditions of payment of warranty compensation.
1. For the purposes of this Federal Law the following basic concepts are applied:
1) the guarantee fees - the money paid to fund of guaranteeing pension reserves according to this Federal Law;
2) warranty compensation - the sum of money which is subject to payment to the participant, the legal successor of the participant or transfer to non-state pension fund from fund of guaranteeing pension reserves in cases and procedure which are provided by this Federal Law;
3) system of guaranteeing the rights of participants - system of the interconnected actions of legal, financial and organizational nature directed to protection of the rights and legitimate interests of participants, legal successors of participants in cases and procedure which are provided by this Federal Law;
4) participating funds - the non-state pension funds performing activities for non-state pension provision and forming of long-term savings, registered in system of guaranteeing the rights of participants;
5) fund of guaranteeing pension reserves - set of money and other property due to which according to this Federal Law payments of warranty compensation and (or) transfer of warranty compensation in other participating fund for the purpose of providing the rights and legitimate interests of participants, legal successors of participants are performed.
2. Other concepts are applied in this Federal Law in those values in which they are used for regulation of the corresponding relations in the Federal Law of May 7, 1998 No. 75-FZ "About non-state pension funds" and the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)".
The basic principles of system of guaranteeing the rights of participants are:
1) protection of the rights and legitimate interests of participants, legal successors of participants in case of approach of warranty case;
2) obligation of participation of the non-state pension funds performing activities for non-state pension provision and forming of long-term savings in system of guaranteeing the rights of participants;
3) accumulative nature of forming of fund of guaranteeing pension reserves.
Subjects of system of guaranteeing the rights of participants are:
1) participants;
2) investors of non-state pension funds (further - investors);
3) legal successors of participants;
4) participating funds;
5) the "Deposit Insurance Agency" state corporation (further - the Agency);
6) the Central bank of the Russian Federation (further - the Bank of Russia).
Warranty case for the purpose of this Federal Law cancellation of the license of participating fund for implementation of activities for provision of pensions and pension insurance (further - the license) and (or) recognition of participating fund by the bankrupt and opening concerning participating fund of bankruptcy proceedings is recognized.
Participants and legal successors of participants have the right:
1) on receipt of warranty compensation according to the procedure, established by this Federal Law, in case of approach of warranty case;
2) on obtaining from participating fund with which the pension agreement and (or) the agreement of long-term savings, and from the Agency of information on participation of participating fund in system of guaranteeing the rights of participants, about procedure, the size and conditions of receipt of warranty compensation in case of approach of warranty case are signed.
1. The investor, and in case of availability of several investors under one pension agreement or the agreement of long-term savings the investor determined in the pension agreement or the agreement of long-term savings before date of approach of warranty case and acting according to the specified agreements in the cases provided by this Federal Law on behalf of all investors (further in case of joint mentioning - the authorized investor), has the right:
To request 1) from participating fund concerning which there came the warranty case the participant list under the pension agreement or the agreement of long-term savings signed by the authorized investor with participating fund which for date of approach of warranty case correspond to the conditions established by part 1 of article 10 of this Federal Law and which participating fund are not appointed non-state pension under one pension agreement and periodical payments under one agreement of long-term savings and also the participant list on it to the pension agreement or the agreement of long-term savings which according to part 10 of article 10 of this Federal Law submitted the application for type of warranty compensation and which on it to the pension agreement or the agreement of long-term savings are not granted non-state pension or periodical payments under the agreement of long-term savings are not appointed;
To conclude 2) on its own behalf, and in case of availability of several investors on behalf of all investors and for benefit of all participants who answer the conditions specified in Item 1 of this part on the pension agreement or the agreement of long-term savings signed with participating fund concerning which there came the warranty case, the new pension agreement or the new contract of long-term savings with other participating fund;
3) to address to the Agency with the requirement about the translation of warranty compensation in participating fund with which the new pension agreement or the agreement of long-term savings is signed, according to the procedure, provided by this Federal Law.
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