FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 28, 2013 No. 422-FZ

About guaranteeing the rights of insured persons in system of mandatory pension insurance of the Russian Federation during the forming and investment of means of pension accruals, establishment and implementation of payments at the expense of means of pension accruals

Accepted by the State Duma of the Russian Federation on December 23, 2013

Approved by Council of the Russian Federation on December 25, 2013

Chapter 1. General provisions

Article 1. Purpose and subject of regulation of this Federal Law

1. The purpose of this Federal Law is providing the rights and legitimate interests of insured persons in system of mandatory pension insurance of the Russian Federation (further - insured persons) during the forming and investment of means of pension accruals, establishment and implementation of payments at the expense of means of pension accruals.

2. This Federal Law establishes legal, financial and organizational basis of functioning of system of guaranteeing the rights of insured persons, governs the relations between participants of system of guaranteeing the rights of insured persons, determines procedure and conditions of implementation of warranty completion and payment of warranty compensation.

3. Conditions and procedure for guaranteeing the rights of members of non-state pension funds within activities for non-state pension provision and activities for forming of long-term savings are established by the separate Federal Law.

Article 2. The concepts applied in this Federal Law

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 accruals according to this Federal Law;

2) warranty compensation - the sum of money which is subject to payment to the insurer for mandatory pension insurance from fund of guaranteeing pension accruals in cases and procedure which are provided by this Federal Law;

3) warranty completion - the sum of money which is subject to reflection by the insurer on mandatory pension insurance in special part of individual personal account or on the retirement account of funded pension of insured person, to transfer in structure of means of payable reserve or means of pension accruals of insured persons which establishes due retirement benefit, in cases and procedure which are provided by this Federal Law, at the expense of means of reserve on mandatory pension insurance, and in case of insufficiency of the specified reserve at the expense of own means of participating fund and (or) other sources which are not forbidden by the legislation of the Russian Federation;

4) system of guaranteeing the rights of insured persons - system of the interconnected actions of legal, financial and organizational nature aimed at providing completion and (or) compensation of missing means of pension accruals of insured persons in the cases provided by this Federal Law;

5) insurers on mandatory pension insurance (further - insurers) - the non-state pension funds performing activities for mandatory pension insurance, registered in system of guaranteeing the rights of insured persons (further - participating funds), and also Fund of pension and social insurance of the Russian Federation;

6) fund of guaranteeing pension accruals - set of money and other property due to which according to this Federal Law payments of warranty compensation for the purpose of providing the rights and legitimate interests of insured persons are performed.

2. The concept "pension accruals" of this Federal Law are applied:

1) in the value determined by the Federal Law of July 24, 2002 No. 111-FZ "About investment of means for financing of funded pension in the Russian Federation" in relation to insured persons who perform forming of the pension accruals in Fund of pension and social insurance of the Russian Federation;

2) in the value determined by the Federal Law of May 7, 1998 No. 75-FZ "About non-state pension funds" in relation to insured persons who perform forming of the pension accruals in non-state pension fund.

3. 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 April 1, 1996 No. 27-FZ "About the individual (personified) accounting in system of mandatory pension insurance", the Federal Law of May 7, 1998 No. 75-FZ "About non-state pension funds", the Federal Law of July 16, 1999 No. 165-FZ "About bases of compulsory social insurance", the Federal Law of December 15, 2001 No. 167-FZ "About mandatory pension insurance in the Russian Federation", the Federal Law of December 28, 2013 No. 400-FZ "About insurance pensions", the Federal Law of December 28, 2013 No. 424-FZ "About funded pension", the Federal Law of July 24, 2002 No. 111-FZ "About investment of means for financing of funded pension in the Russian Federation", The Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)", the Federal Law of December 23, 2003 No. 177-FZ "About deposit insurance in banks of the Russian Federation", the Federal Law of December 29, 2006 No. 256-FZ "About additional measures of the state support of the families having children", the Federal Law of April 30, 2008 No. 56-FZ "About additional insurance premiums for funded pension and the state support of forming of pension accruals", the Federal Law of November 30, 2011 No. 360-FZ "About procedure for financing of payments at the expense of means of pension accruals".

4. For the purposes of this Federal Law date with which the Fund of pension and social insurance of the Russian Federation became the insurer:

1) for the insured persons which did not use option of forming of means of pension accruals in non-state pension fund the 1st in which in special part of individual personal accounts of insured persons data on the first receipt of the amounts of insurance premiums, means of additional insurance premiums for funded pension, fees of the employer for benefit of insured person, funds (part of the means) of the maternity (family) capital allocated for forming of funded pension are reflected is recognized;

2) for the insured persons which performed transition (early transition) to Fund of pension and social insurance of the Russian Federation date of reflection of option of forming of means of pension accruals is recognized Fund of pension and social insurance of the Russian Federation in the unified register of insured persons on mandatory pension insurance;

3) for the insured persons which performed transition to Fund of pension and social insurance of the Russian Federation according to the decision of the representative for the rights of consumers of financial services or the judgment on return to the previous insurer on mandatory pension insurance of means of pension accruals in connection with not conclusion of the agreement on mandatory pension insurance on the ground that the statement of insured person for transition (the statement of insured person for early transition) from Fund of pension and social insurance of the Russian Federation to non-state pension fund or from one non-state pension fund in other non-state pension fund and (or) the agreement on mandatory pension insurance are signed not by insured person and not his authorized representative, or in connection with recognition by court of the agreement on mandatory pension insurance not by the prisoner on other bases or invalid date proceeding from the conditions existing about day of entry into force of the decision of the representative for the rights of consumers of financial services or the judgment, stipulated in Item the 1 or 2 this part is recognized;

4) for the insured persons which performed transition to Fund of pension and social insurance of the Russian Federation in connection with cancellation of the license at non-state pension fund or introduction of prohibition by the Bank of Russia on implementation of transactions of non-state pension fund on mandatory pension insurance according to this Federal Law date of cancellation of the license of non-state pension fund or Date of Introduction of prohibition the Bank of Russia is recognized.

Article 3. Basic principles of system of guaranteeing rights of insured persons

The basic principles of system of guaranteeing the rights of insured persons are:

1) protection of the rights and legitimate interests of insured persons in case of approach of warranty case;

2) obligation of participation of insurers in system of guaranteeing the rights of insured persons;

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