INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 22, 2023 No. 6461-U

About procedure, terms and conditions of transfer of obligation on payment of non-state pensions and means of warranty compensation to other non-state pension fund performing activities for non-state pension provision and registered in system of guaranteeing the rights of participants

This Instruction based on part 6 of article 12 of the Federal Law 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" establishes procedure, terms and conditions of transfer of obligation on payment of non-state pensions and means of warranty compensation to other non-state pension fund performing activities for the non-state pension provision and registered in system of guaranteeing the rights of participants.

1. The obligation on payment of non-state pensions and means of warranty compensation of the non-state pension fund performing activities for non-state pension provision and registered in system of guaranteeing the rights of participants (further - participating fund) concerning which there came the warranty case specified in article 5 of the Federal Law of December 28, 2022 to No. 555-FZ "About guaranteeing the rights of members of non-state pension funds within activities for non-state pension provision" (further respectively - warranty case, the Federal Law No. 555-FZ), is given to the participating fund determined by the competitive selection provided by parts 2 and 3 of article 12 of the Federal Law No. 555-FZ (further - competitive selection), in time, not exceeding 60 working days from the date of determination of the amount of warranty compensation following the results of actuarial estimation of activities of participating fund, the Federal Law No. 555-FZ provided by part 14 of Article 10.

2. Condition of transfer of obligation of participating fund concerning which there came the warranty case on payment of non-state pensions and means of warranty compensation is compliance of participating fund to the requirements established by the Bank of Russia based on part 6 of article 12 of the Federal Law No. 555-FZ.

For the purpose of receipt of information on compliance (discrepancy) of participating funds to the requirements established by the Bank of Russia based on part 6 of article 12 of the Federal Law No. 555-FZ, the Agency sends to the Bank of Russia information on the participating funds which submitted the application for participation in competitive selection, in form of an electronic document by means of private office, the reference to which is posted on the official site of the Bank of Russia on the Internet (further - private office), according to the order of interaction determined by the Bank of Russia based on part eight of article 76.9 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)".

The Bank of Russia no later than 10 working days from the date of receipt of information on the participating funds which submitted the application for participation in competitive selection notifies the Agency in electronic form by means of private office on compliance (discrepancy) of participating funds to the requirements established by the Bank of Russia based on part 6 of article 12 of the Federal Law No. 555-FZ.

3. In time no later than 10 working days from the date of the announcement the Agency of results of competitive selection the Agency and the participating fund determined following the results of competitive selection sign the agreement of transfer of obligations on payment of non-state pensions and warranty compensation provided by part 5 of article 12 of the Federal Law No. 555-FZ.

The obligation on payment of non-state pensions and means of warranty compensation is given to the participating fund determined following the results of competitive selection, one-timely and in full based on the transfer act, signed in time, provided in paragraph one of this Item, authorized persons of the Agency and participating fund determined following the results of competitive selection.

4. Within 3 working days from the date of signing of the transfer act specified in the paragraph the second Item 3 presents of the Instruction, the Agency posts on the official site on the Internet of the data on transfer of obligation on payment of non-state pensions and means of warranty compensation to the participating fund determined following the results of competitive selection except for of the data which are personal data according to the Federal Law of July 27, 2006 No. 152-FZ "About personal data" and also sends to the Bank of Russia in electronic form by means of private office the transfer notice specified obligation and means of warranty compensation.

5. This Instruction becomes effective after 10 days after day of its official publication.

6. From the date of entry into force of this Instruction to declare invalid the Instruction of the Bank of Russia of December 28, 2015 No. 3922-U "About procedure and terms of transfer of obligation of non-state pension fund on payment for life quoted members of non-state pension fund of non-state pensions and means of pension reserves for its execution to other non-state pension fund, and also about requirements to non-state pension fund to which the specified obligation and means of pension reserves for its execution" can be transferred <1>.

--------------------------------

<1> It is registered by the Ministry of Justice of the Russian Federation on May 23, 2016, registration No. 42207.

7. According to provisions of part 2 of article 4 of the Federal Law of December 28, 2022 No. 556-FZ "About introduction of amendments to the Federal law "About Non-state Pension Funds" and the Federal Law "About Insolvency (Bankruptcy)" transfer of obligation on payment for life of the granted non-state pensions and means of pension reserves of non-state pension fund against which proceedings on bankruptcy (involuntary liquidation) till January 1, 2023 are initiated is performed according to the procedure, acting about day of entry into force of this Instruction.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info