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The Law Of Kevasta (1.1.2017)

Original Language Title: Laki Kevasta (voimassa 1.1.2017 alkaen)

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Law on Light (valid from 1.1.2017)

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In accordance with the decision of the Parliament:

Chapter 1

Scope and Kevan Member States

ARTICLE 1
Scope

This law provides for a pension institution called Keva. Keva is a pension institution governed by public law and has its seat in Helsinki.

ARTICLE 2
Kevan functions

It is up to Kevan to treat:

1) Pension law of the public sector (2011) The implementation of the pension provision of the staff sector, the State, the Evangelical Lutheran Church and the People's Pensions Office, and the tasks provided for in that law;

(2) the financing of pension provision for staff in the service of their members, with the exception of funding for which the State Pension Fund Act applies; (167/2016) ; and

(3) Article 2 (1) of the Law on the Financing of State Pension Protection and the Law on the Financing of Pension Protection of the Evangelical Lutheran Church (68/2016) The recovery of pension contributions under paragraph 1.

Kevan shall perform his/her duties as referred to in paragraph 1 (2) in a secure manner.

On the basis of the agreement, Keva will be able to provide pension management services as well as the support services necessary for their treatment to other categories of customers outside the scope of the Pensions Act, if the services do not involve the use of public authority.

ARTICLE 3
Kevan Member States

Kevan Member Communities are municipalities and municipalities, as well as the Keva and the municipalities' Guarantee Facility.

A member of a Kevan Member State may join:

(1) an association in which only the members or associations formed by the members referred to in paragraph 1 are members;

(2) a limited liability company which shares all shares in the hands of the members of the members referred to in paragraph 1 or the associations which have acceded to the Community as a member of the Kevan Member State or of the participating public limited liability companies;

(3) a limited liability company and a foundation in which one or more of the members referred to in paragraph 1 have an accounting law; (1336/1997) in Chapter 1, Article 5 Control and the production of services required under the law of the municipalities, as well as activities directly serving them; and

(4) a limited liability company and a foundation in which one or more of the members referred to in paragraph 1 have a controlling influence within the meaning of Article 5 of Chapter 1 of the Accounting Act and a majority of employees immediately prior to the establishment of a company or foundation; A member of the Kevan community.

The association, the limited liability company and the Foundation must inform Keva of any changes in their circumstances which make it no longer fulfilling the conditions laid down in paragraph 2.

§ 4
Accession and termination of membership

The association, the company and the foundation which wishes to become a member of the Kevan Member State must apply for membership in writing from the Kevan government. The Board of Directors decides whether the applicant fulfils the conditions laid down in Article 3 (2) and when the date of accession begins.

If it is ascertained that the association, the limited liability company or the Foundation no longer fulfils the conditions for membership laid down in Article 3 (2), or if the Member State has indicated in writing that it wishes to withdraw from membership, the Government shall state: After consulting the Member State concerned. The Member State shall notify the difference no later than three months before the end of the membership.

§ 5
Bankruptcy

If an association, a public limited company or a foundation has been declared bankrupt, the bankruptcy of a company may continue as a member of the Kevan Member State and have the same rights and obligations as other Member States. The fees provided for in Article 19 shall be paid by bankruptcy for the period of membership of the bankruptcy. The bankruptcy chamber may withdraw from Keva as provided for in Article 4 (2).

Chapter 2

Control

ARTICLE 6
General control

General control of the activities of Kevan is a matter for the Ministry of Finance.

The Ministry of Finance may, for special reasons, impose a special audit of the Kevan administration and the accounts.

The Ministry of Finance shall, for a period of not more than four years, set up an auditor whose task it is to check Keva's accounts and other material that the calculations referred to in Article 24 by Mr Kevan submitted by the State, Evangelical Lutheran Church and The amount needed to pay pensions for the Social Insurance Institution and the reimbursement of the costs of Keva will provide the right and proper information. In addition, it is the responsibility of the auditor to check Keva's books and other material that Keva has inherited the pension contributions of the State and Church employer in accordance with Article 2 (1) of the Law on the financing of State Pension Protection and the Evangelical Lutheran Church In accordance with Article 3 (2) of the Finance Act and the employee's pension contributions as provided for in Article 168 (2) of the Pensions Act, and that the pension contributions and the contributions and the contribution from the unemployment insurance fund are paid In the form of a contribution to the State pension fund, and The contribution of the unemployment insurance fund has been paid in the right amount to the Evangelical Lutheran Church. The statutory auditor shall be either a kHT auditor or a jHT auditor recognised by audit. Auditing of accounts by the audit law (17/01/2015) .

§ 7
Supervision of financial planning and investment activities

Financial supervision of the financial activities and the siting of Kevan funds is supervised by financial supervision. The law on financial supervision is subject to the law on financial supervision (878/2008) Articles 18 and 24 . Financial supervision is required to report annually to the Ministry of Finance.

Chapter 3

Administration

§ 8
Delegation

Kevan's decision-making power will be used by a delegation. The Board of Governors may delegate its power of decision to the other institutions of Kevan. The power of decision shall not, however, be delegated in matters on which the delegation or any other institution has to decide under this law.

The delegation consists of 30 members and each individual deputy member of the Ministry of Finance for a period of four years. At least four members and an equal number of alternates shall be appointed from persons proposed by the main party organisations referred to in the Municipal Convention. Other members and alternates shall be appointed from among persons proposed by the Association of Municipalities of Finland, with a balanced representation of municipalities and local authorities and different parts of the country. These members and alternates shall also be taken into account in the exercise of the voting rights of the various groups in the election (1998) In accordance with the principle of proportionality.

The mission shall be:

(1) select members of the Board and alternates, as well as an auditor for the duration of the delegation;

(2) decide on the Executive Board of the Keva, the supplementary pension provision and the subsidiary;

(3) employ the Executive Director and dismiss or transfer him to other duties if he has lost the trust of the delegation;

(4) deciding on the basis of the remuneration of the truss and other remuneration;

(5) to decide on the contributions of the Member States as provided for in Article 19;

(6) examine the financial statements and the audit report and decide on the adoption of the financial statements, the discharge to the government and other accountability and other measures to which the accounts are subject;

(7) adopt the general economic guidelines for the next year and the operational and economic plan for a period of three or more years.

§ 9
Government

The Kevan administration is managed by a government which is elected by a delegation for a term of two years. However, the government's term of office will continue until the next government is elected.

The Board of Directors has nine members and each of them a personal alternate. Two of the members of the Board of Directors and their alternates shall be chosen from among persons proposed jointly by the main party organisations referred to in the municipal general agreement. The delegation shall determine the full membership of one chair and one Vice-President.

A member of the Board of Directors shall be of good repute and have a good expertise in occupational pension insurance. The management must also have good investment expertise.

The Board of Directors shall:

(1) prepare the matters to be dealt with by the delegation and ensure that the decisions taken by the delegation are implemented;

(2) directing and supervising the activities of Kevan;

(3) to draw up a plan for the investment of pension funds and to deal with other matters of principle or scope in principle for investment;

4) provide for the organisation of Kevan's internal control and risk management.

A delegation may be separated between the Board of Directors for a term of office if one or more of its members do not enjoy the confidence of the delegation. The decision to dismiss applies to all members of the government. The delegation shall elect a new government for the remainder of its term of office.

ARTICLE 10
The principles of corporate governance

The Kevan Government must lay down principles for the use of the rights deriving from Keva's holdings in other entities ( Principles of corporate governance ). The principles shall include an assessment of the membership of the Executive Director of Keva and other entities or foundations of the persons employed, taking into account the interests of Kevan.

Kevan shall make public the principles of corporate governance.

ARTICLE 11
List of trust tasks

Kevan shall maintain an up-to-date public list indicating the membership of the members of the Keva Board and the Executive Director in the governments of other entities or foundations of economic or social significance, Management boards or similar institutions, with the exception of memberships in the boards of housing companies.

The list referred to in paragraph 1 shall also be included in the list of members of the senior management of the senior management of Keva or of persons carrying out investment decisions or preparatory work on behalf of The governments of other entities or foundations, boards of directors or similar institutions which are related to their employment functions, with the exception of memberships in the boards of housing companies.

ARTICLE 12
Policy principles for conflict of interests

The spring must have written policies approved by the government for the identification and prevention of conflicts of interest.

ARTICLE 13
Transactions with management and related parties

The Kevan Government shall decide on a significant transaction for Keva in the case of the following:

(1) a member of the board or of a board of directors, managing director, auditor, or a staff member of an audit firm with primary responsibility for auditing;

2) Other senior management person who has the right to take decisions on the organisation of its activities;

(3) the spouse of the person referred to in paragraphs 1 or 2, the law on partnerships registered with him; (2003) Within the meaning of Article 2 (1) of Regulation (ec) No 519/1999 of the European Parliament and of the Council.

Kevan shall keep an up-to-date public list of the transactions referred to in paragraph 1, their parties and their essential conditions. The maintenance of the list shall be provided in a reliable manner. The information entered in the list shall be kept for five years for the indication of the data. However, the identification and address of the natural person and the name of the person referred to in paragraph 1 (3) shall not be public.

Paragraphs 1 and 2 shall also apply to transactions carried out between Kevan and a person other than the person referred to in paragraph 1 where the purpose of the arrangement was to circumvent the provisions of paragraphs 1 and 2.

ARTICLE 14
Kevan management

Kevan's activities are managed under the authority of the Executive Director. A management contract may be concluded with the Executive Director. Keva may decide to pay the ceo severance pay.

The qualification of the Executive Director and the Deputy Executive Director shall be a higher education qualification, the required range of experience required for the task, as well as the practical management experience and management experience.

§ 15
Kevan incumbents

Kevan's mission, which uses public power, is carried out in office. Kevan officials shall be subject to the law of the municipal authorities (2003) .

ARTICLE 16
Confidentials

Closing confidence persons shall be subject to the provisions relating to criminal liability in the performance of their duties under this law. Liability for damages is governed by the law on damages (1999) .

If a seat of trust is vacant during the term of office, he shall be replaced or elected for the remainder of his term of office.

§ 17
Management rule

The Kevan institutions, their composition, tasks and term of office and other Kevan activities shall be subject to the necessary provisions in the Executive Board.

ARTICLE 18
National Advisory Board for Invalidity and Rehabilitisation

In the case of Kevan, the Advisory Board on State Invalidity and Rehabilitation is responsible for the monitoring and supervision of work capacity assessment and vocational rehabilitation.

The delegation shall be chaired by the President and the other five members. The Ministry of Finance shall set the members for four years. One should represent the Ministry of Finance, one Key and one State Treasury. Three of the members shall be appointed from persons proposed by the central level of the civil servants and employees of the State. One of the members is appointed by the Ministry of Finance.

Chapter 4

Financing

§ 19
Members' contributions

The expenditure on the management of the pension provision of staff employed by the members of the Communities shall be distributed for each financial year to be borne by the Communities. The share of the costs decided by the Keva delegation is to be allocated in proportion to the sum of the work earnings referred to in Article 85 of the Pensions Act of the Kevan Communities. The delegation may also decide to share the costs of part of the cost of the service of the members of the Communities in proportion to the amounts of pensions or parts of pension accrued from the service of the members of the Communities.

In addition, the Member State shall be obliged to pay the contributions of the different pension species on the basis of the criteria laid down by the delegation.

For the financial year, the Member States may levy advances on their contributions.

The Keva delegation shall provide more detailed provisions for the payment of the fees referred to in paragraphs 1 and 2.

§ 20
Recovery of the levy and the ageing of the payment method

Kevan shall provide for a fee based on this law within five years from the date of birth. A payment claim shall be deemed to be incurred on the maturity date of the final payment under this Act. Payment made on the basis of this law and for the delay in the performance of the interest (633/1982) The annual interest rate interest rate referred to in paragraph 1 shall be directly enforceable. The recovery of these claims is governed by the Law on the implementation of taxes and charges. (20/2007) . The recovery of debts is also provided for in the law on the recovery of claims (513/1999) .

Repayment of undue payment shall expire five years after the date of payment of the payment, unless the period of limitation has been terminated. A new period of five years shall begin to elapse between breaking off the limitation period. The limitation of the limitation of the limitation shall apply to the (2003) Articles 10 or 11.

ARTICLE 21
Pension fund fund

The expenditure referred to in Article 19 (1) shall also include transfers to the pension liability fund established in order to compensate for pension expenditure, as determined by the Keva delegation.

Investment in the pension fund must be invested in the certainty, output and currency of investments as well as decentralisation. It is decided by the Government of Kevan which, in the manner prescribed by the Keva Executive Board, may delegate its decision-making power to Kevan and his employees.

§ 22
Investment Advisory Board

In order to promote investment activity and promote the flow of information between the entities referred to in paragraph 2, it shall be in light of the investment negotiations. The Advisory Board shall provide advice on how to develop Keva's investment activities and policies.

During its term of office, the Kevan Government shall invite ten members of the investment council and each individual alternate. The three shall represent the Ministry of Finance, the Ministry of Employment and the Economy and the main party organisations referred to in Article 3 of the two municipal capitals.

ARTICLE 23
Supervisory fee and other charges

The control fee is laid down in the Law on the supervision of financial supervision (179/2008) .

The expenditure referred to in Article 19 (1) shall also include a supervisory fee, the Act on the Board of Appeal (677/2005) And the Law on the Pension Security Centre (397/2006) § 5 And the activity-specific service charge.

The Member State shall be obliged to pay the remuneration of the employees to whom the supplementary pension provision referred to in Article 8 of the Pensions Act was organised in accordance with the criteria laid down by the Keva delegation.

§ 24
Payment of pension expenditure for the State, the Evangelical Lutheran Church and the National Pensions Office and reimbursement of Keva's costs

The State, the Church's central fund and the Social Insurance Institution shall pay the amount needed for the advance payment of the pension benefits to Keva. If the actual cost exceeds or exceeds the estimated amount, the difference shall be taken into account ex post as a correction.

The State Pension Fund (State Pension Fund) pays a fee for the performance of the tasks relating to the provision of pension security for the State. The Social Insurance Institution also pays its staff and the church central fund for the provision of compensation for the Pension Protection of Persons employed by the Evangelical Lutheran Church. The Ministry of Finance shall determine the amount of the compensation payable by the State Pension Fund, the central bank of the Kirkon central fund and the institution of the People's Pension Fund. Keva will present to the Ministry of Finance a calculation of the amount of compensation. The amount of the compensation is calculated by the State (150/1992) Shall be equal to the cost value. The compensation shall be paid in the form of a balance sheet, on a monthly basis, on the basis of an estimate of the cost of the year in question. If the actual cost exceeds or exceeds the estimated amount, the difference shall be taken into account ex post as a correction.

Every five years, the Ministry of Finance, the central fund of the Church and the Social Insurance Institute will evaluate the cost-effectiveness of the management of pensions and the achievement of the quality objectives. To that end, Kevan shall provide sufficient information to the latter.

The decree of the Council of State lays down more precise provisions on the transfer of the funds needed for the payment of the pensions of the State, the Evangelical Lutheran Church and the National Pensions Office, and the reimbursement of costs for Keva.

Chapter 5

Risk management, internal control and internal audit

ARTICLE 25
Risk management

It shall have an adequate risk management system in relation to the quality and scale of its operations, covering the continuous identification, monitoring, control and reporting of risks and risks to the Keva.

Risk management shall cover the following areas:

1) investments;

2) liquidity;

(3) concentration risks; and

4) operational risks.

The spring must have a risk management function which is independent of the risk-taking activities.

§ 26
Internal control

The spring must have internal control covering its accounting, management, investment and other essential functions. Internal control also includes ensuring appropriate reporting at all organisational levels in Keva.

Internal control includes a compliance function. It shall also assess the adequacy of the measures taken to prevent and remedy any deficiencies in compliance with the provisions.

§ 27
Internal Audit

The spring must have an internal audit which assesses the adequacy and effectiveness of its internal control and other management.

The internal audit shall be independent of Kevan's operational activities.

At least once a year, the results of the internal audit and the draft measures shall be reported to the Board of Directors and to the Executive Director, who shall decide on the measures to be taken in response to the results and recommendations of the internal audit. The internal audit function shall also ensure that these measures are taken.

ARTICLE 28
Obligation to make an inside declaration

A Kevan insider shall inform the regulated market or mtf of shares traded in Finland and financial instruments whose value is determined on the basis of those shares. Information in Keva's inner circle referred to in Article 30 ( Inland declaration ).

Kevan insider means:

(1) The Chairperson and Vice-Chair of the Keva delegation, the board member and the deputy, the Deputy Managing Director and the Deputy Managing Director, the auditor and the staff member of the audit firm with the main responsibility for the audit of Keva;

(2) any other person in the service of Keva, who may have an influence on the decision to invest in Keva's assets or which otherwise receives on a regular basis insider information on such shares or financial instruments.

§ 29
Insider declaration

An insider declaration shall be made within fourteen days of the appointment of an insider to the task referred to in Article 28 (2).

The inner circle declaration shall state:

(1) a disabled person under the supervision of an insider;

(2) an entity or a foundation in which an insider or a disabled person referred to in paragraph 1 are directly or indirectly controlled;

(3) shares in a regulated market or mtf, owned by an insider and the entity or foundation referred to in paragraph 1, in a regulated market or in a multilateral trading system, shares in Finland and such Financial instruments whose value is determined on the basis of those shares.

Within a period of seven days, the insider shall inform Keva:

(1) the acquisition and disposal of shares and financial instruments referred to in paragraph 2 (3) where the change of ownership is at least eur 5 000;

(2) other changes in the information referred to in this Article.

The information referred to in paragraph 2 (2) and (3) shall not be notified to the extent that they concern the housing limited company, the Housing Limited Company Act, (1599/2009) in Chapter 28, Article 2 Or a non-profit-making association or a non-profit-making entity. However, where a financial instrument is regularly traded by the Community, the relevant information shall be provided.

The inside declaration shall include the information necessary for the identification of the person, entity or foundation concerned, as well as information on shares and other financial instruments.

If the shares or financial instruments referred to in paragraph 2 (3) are attached to the value-share system, Keva may organise a procedure in which the information is obtained from the value-share system. In this case there is no need for a separate insider notification.

ARTICLE 30
Inland register

Kevan must keep a register of insider declarations ( Internal register ) showing, for each insider, the shares and financial instruments referred to in that paragraph within the meaning of Article 29 (2) (1) and of the entity or foundation referred to in paragraph 2; and Disaggregated their purchases and supplies.

If the shares and financial instruments referred to in Article 29 (2) (3) are attached to the book-entry system, the Kevan insider register may, in this respect, constitute a value-share system.

The maintenance of the internal register shall be organised in a reliable manner. The information entered in the register shall be kept for five years for the indication of the data. Everyone has the right to reimbursement of expenses and copies of the records of the register. However, the identity and address of the natural person and the name of a natural person other than the inside person shall not be public.

ARTICLE 31
Supervision of the inner circle and the internal register

Financial supervision is subject to compliance with the provisions of Articles 28 to 30 and the provisions on the internal register. The control of the insider and the internal register shall be governed by Article 7 of the supervision of the planning of the financial activities of Kevan and the establishment of Kevan funds.

Chapter 6

Appeals appeal

ARTICLE 32
Application for change

An applicant and a Member State may appeal to the decision of the Helsinki Administrative Court in respect of the decision of the Helsinki Administrative Court, in which Kevan is domiciled in the jurisdiction of the Administrative Court of Justice, in the case of the decision of the Helsinki Administrative Court (18/06/1996) Provides.

§ 33
Service of the decision

The decision shall be notified to the party in the form of an ordinary service. The common service is governed by the administrative law (434/2003) And the Law on e-business (13/2003) Article 19 .

The minutes of the Keva delegation and the Board of Directors, together with their complaints, shall be deemed to be seen in the general information network after verification, subject to the provisions on secrecy. In the event of a complete secrecy, the minutes shall contain only an indication of the treatment of the confidential matter. Only the personal data necessary for access to information shall be published in the Protocol. The personal data contained in the Protocol shall be erased from the information network at the end of the appeal period.

The members of the Community shall be deemed to have received the information from the Keva delegation or the Government within seven days of the adoption of the Protocol in general, as provided for in paragraph 2.

Chapter 7

Outstanding provisions

§ 34
Derogation to aesthetic

Notwithstanding the provisions of Article 28 (1) (4) and (5) of the Administrative Code, the person responsible, the holder of the office and the employee shall, without prejudice to Article 28 (1) (4) and (5) of the Administrative Code, deal with a matter relating to a member of the Keva or a person employed by the Community A person covered by pension provision under the Pensions Act.

ARTICLE 35
Financial audit and annual accounts

The audit firm selected by the delegation shall be audited by an audit firm approved by the delegation.

The annual accounts shall be drawn up by Keva. The financial statements shall be drawn up, mutatis mutandis, in accordance with the accounting law.

§ 36
Cooperation

Keva may agree on cooperation and reimbursement of the costs incurred in connection with the Pension Security Centre and other pension and insurance institutions.

ARTICLE 37
Entry into force

This Act shall enter into force on 1 January 2017.

Notwithstanding the provisions of Article 4 (2), share companies which have acceded to the Keva as members of the Kevan Community shall retain their membership if one or more of the members referred to in Article 3 (1) have a share company Control within the meaning of Section 5 of Chapter 1 of the Accounting Act.

ARTICLE 38
Transitional provisions for the mandate of the delegation and the Government

Article 8 (2) of this Act shall apply for the first time in 2017 to the delegation elected in 2017. Upon entry into force of the Act, the term of office of the competent delegation shall continue until the end of

Upon entry into force of the law, the term of office of the competent government shall continue until a delegation elected in 2017 has chosen the next government.

THEY 21/2015 , StVM 6/2015, EV 36/2015