FZ 167 "On compulsory pension insurance"
What is compulsory pension insurance? The answer to this question will be provided by FZ-167. Some of its provisions will be considered in the article.
What is the law about?
What relations are regulated by FZ-167 "Onmandatory compulsory pension insurance "Article 1 of the presented normative act refers to the legal relations in the field of the emergence and implementation of rights, duties and certain types of liability of mandatory insurance compa- nies .What is pension insurance? The law speaks about the totality of organizational, legal and economic measures that are aimed at obtaining a citizen's earnings after the corresponding registration process.
The most important element in the pension systeminsurance is pensions. It is here about the performance by the insurer of its obligations to issue payments. In this case, the pension insurance funds are finances that are managed by the insurer. The insurer, in turn, is the Russian Pension Fund.
On the powers of the state
Despite the fact that most of the functionsimplement the authorities from the system of the Russian Pension Fund, the source of all powers are the federal bodies. What exactly are the functions of state institutions worth emphasizing here? Here is what Article 3.1 of FZ-167 states:
- definition of the order and principles of building and investing pension funds from existing savings;
- establishment of the process of forming, reviewing and approving the pension budget in the Russian Federation;
- consolidation of the procedure for drawing up, approving budgetary reporting and external verification of the FIU;
- management of the FIU system;
- the definition of the principles for the storage of finances in the FIU system;
- exercise of state control and supervision functions over the rights of insured persons.
State bodies may also carry out certain other functions that are in accordance with the provisions of FZ-167.
Subjects of pension insurance
In Chapter 2 of the Federal Law-167 "On Compulsory Pensioninsurance "are the main subjects of the entire system in question.It should be noted at once that there are only three subjects here: insured persons, insurers and insurers.
What can you tell about the insurer? According to the law, this is what legal entities that implement state insurance processes are called. The insurer can be called both the Pension Fund of the Russian Federation and non-state pension funds.
Policyholders may be legal andindividuals, as well as individual entrepreneurs. Insurers are those who voluntarily agreed to enter into the legal relations in question.
Article 7 FZ-167 refers to the insuredindividuals. According to the law, this is the name of citizens who are already covered by compulsory pension-type insurance. The law provides detailed information about who exactly the insured citizens can be: for example, businessmen, representatives of small communities, clergymen, persons who have entered into an employment contract, etc.
On the rights and obligations of the subjects of the pension system
In Chapter 3 of the Federal Law 167-FZ "Oncompulsory pension insurance "provides the main powers and duties of each pension system entity. Thus, the insurer is able to manage the FIU funds and demand appropriate conditions from its supervisor. Its duties include monitoring the accuracy of the information provided, as well as timely and quality work with existing financial means.
Insurers are able to appoint their ownrepresentatives, go to court, pay fees and get all necessary information from the insurer. If we talk about responsibilities, we need to highlight the timely payment of appropriate contributions, meeting the requirements of representatives of the FIU, ensuring the realization of the rights of insured persons and some other functions of a mandatory nature.
Insured persons have the opportunitytimely receive insurance coverage in full, as well as to defend their freedoms and interests. In this case, their duties include the presentation to the insurer of relevant documentation, as well as compliance with the conditions established for recalculation and payment of compulsory insurance.
About financing
It is easy to guess that financial securitythe entire system under consideration is possible only at the expense of the budget of the Pension Russian Fund. This is also stated in Article 16 of the Federal Law-167 "On Pension Insurance of a Mandatory Nature".
All funds of the FIU are owned byfederation. They are not subject to withdrawal and are not included in other budgets. In order to form a pension budget, it is necessary to correctly balance all expenses and incomes. Every year the Government of the Russian Federation approves a new budget system, in accordance with which all further functions are implemented.
Insurance rates
Article 22 FZ-167 (2001) "On Mandatorypension provision ”contains information on the insurance premium rate. According to the regulatory act, the determination of the amount of insurance premiums in respect of insured persons is carried out by the FIU on the basis of individual type accounting.
