of December 26, 2024 No. 477-FZ
About guaranteeing the rights according to life insurance contracts
Accepted by the State Duma on December 17, 2024
Approved by the Federation Council on December 20, 2024
This Federal Law establishes legal, financial and organizational basis of functioning of system of guaranteeing the rights according to life insurance contracts or other insurance contracts, objects of insurance according to which are objects of life insurance, and also objects of accidents insurance and diseases and (or) objects of medical insurance (further - life insurance contracts), governs the relations between participants of system of guaranteeing the rights according to life insurance contracts, determines procedure and conditions of implementation of warranty payments.
For the purposes of this Federal Law the following basic concepts are used:
1) system of guaranteeing the rights according to life insurance contracts - system of the interconnected actions of legal, financial and organizational nature directed to protection of the rights and legitimate interests of insurers and beneficiaries according to life insurance contracts and also their legal successors in cases and procedure which are provided by this Federal Law;
2) warranty payment - payment of sum of money from fund of guaranteeing the rights for life insurance contracts in case of approach of warranty case to person having the right to payment for the life insurance contract;
3) warranty case - response at insurance company or foreign insurance company (further - the insurer) licenses for implementation of voluntary insurance of life, except for response at the insurer of the specified license on the basis provided by the subitem 7 of Item 2.1 of Article 32.8 or the subitem 7 of Item 2 of article 33.8 of the Law of the Russian Federation of November 27, 1992 No. 4015-I "About the organization of insurance case in the Russian Federation".
Participants of system of guaranteeing the rights according to life insurance contracts are:
1) insurers and beneficiaries according to life insurance contracts, and also their legal successors;
2) insurers;
3) the "Deposit Insurance Agency" state corporation (further - the Agency);
4) the Central bank of the Russian Federation (further - the Bank of Russia).
1. In case of approach of warranty case warranty payment is performed to persons having the right to the following payments for the life insurance contract:
1) insurance payment to the beneficiary for the life insurance contract (except for monetary compensation in connection with repayment of investment shares of open mutual investment funds or closed-end investment funds which investment shares are intended for skilled investors, under the agreement of equity life insurance, not enlisted into the account of the insurer);
2) the redemption amount according to the life insurance contract;
3) the amount in the amount of insurance premium (part of insurance premium) according to the life insurance contract which is subject to return to the insurer in case of life insurance agreement cancelation;
4) monetary compensation in connection with repayment of investment shares of open mutual investment funds or closed-end investment funds which investment shares are intended for skilled investors, enlisted into the account of the insurer and due to the insurer in case of agreement cancelation of equity life insurance;
5) the amount in the amount of the cost of the investment shares of closed-end investment funds acquired by insurance company at the insurer before warranty case which investment shares are intended for skilled investors, in the case established by the paragraph the second Item 7 of article 11.1 of the Law of the Russian Federation of November 27, 1992 No. 4015-I "About the organization of insurance case in the Russian Federation", due to the insurer in case of agreement cancelation of equity life insurance;
6) the amount equal to part of the insurance premium directed to acquisition of investment shares of mutual investment funds, which is subject to payment to the beneficiary for the agreement of equity life insurance in the case specified in the paragraph the second Item 3 of article 11.1 of the Law of the Russian Federation of November 27, 1992 to No. 4015-I "About the organization of insurance case in the Russian Federation".
2. According to this Federal Law the payments to the legal entity specified regarding 1 this Article are subject to guaranteeing if such legal entity at the same time is beneficiary according to the life insurance contract and the creditor under the agreement of consumer loan (loan), including obligations of the borrower under which are provided with mortgage.
1. The amount of warranty payment is determined for the day following behind day of the expiration 45 calendar days from the date of approach of warranty case.
2. The amount of warranty payment to persons having the right to the payments for the life insurance contract specified in Items 1 - 3 parts 1 of article 4 of this Federal Law, is determined based on results of actuarial calculations, requirements to which are established by the Bank of Russia, for the purpose of determination of size of obligations of the insurer according to the life insurance contract concerning specified persons. At the same time only the investment revenue according to the life insurance contract added in accordance with the terms of the life insurance contract before the expiration of 45 calendar days from the date of approach of warranty case is considered.
3. The amount of warranty payment to persons having the right to the payments for the life insurance contract specified in items 4 and 5 parts 1 of article 4 of this Federal Law is determined in the amount of monetary compensation in connection with repayment of investment shares of open mutual investment funds or closed-end investment funds which investment shares are intended for skilled investors, enlisted into the account of the insurer, or in the amount of the cost of the investment shares of closed-end investment funds acquired by insurance company at the insurer before warranty case which investment shares are intended for skilled investors, in the case established by the paragraph the second Item 7 of article 11.1 of the Law of the Russian Federation of November 27, 1992 No. 4015-I "About the organization of insurance case in the Russian Federation".
4. The amount of warranty payment to persons having the right to the payment for the life insurance contract specified in Item 6 of part 1 of article 4 of this Federal Law is determined in accordance with the terms of the life insurance contract.
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