Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The insurance fund shall consist of an insurance institution which, without any physical activity, provides in its operations:
(1) old-age, invalidity, unemployment, family and part-time pensions;
(2) compensation for death, illness, defect or injury;
(3) compensation for the costs of rehabilitation in order to prevent illness or disability or to improve the employment and earning capacity;
(4) burial allowance;
(5) on a supplementary pension scheme in the context of pension schemes and pension funds (193/2009) The optional additional benefits referred to;
6) other benefits which may be considered to be covered by social insurance activities.
(27.3.2009/175)The activities referred to in paragraph 1 shall be exercised, unless otherwise provided for by law, only in the insurance fund subject to this law.
This law does not apply to the unemployment fund (603/84) Of the unemployment fund.
Insurance fund which carries out the employee's pension scheme (185/2006) , the entrepreneur's pension law (1272/2006) , sickness insurance law (1224/2004) Or a rehabilitation mfi (1011/1991) , shall be subject to the provisions of this Act, subject to the laws mentioned above. However, Articles 83, 83 (f) (3) and 83 g-83 r of the Act do not apply to the pension fund of the pension fund of the employee and the pension fund of the entrepreneur. The same insurance fund shall not pursue activities and pension insurance activities in accordance with the Health Insurance Act. (20 MARCH 2015)
L to 23/2015 Paragraph 1 shall enter into force on 1 January 2017. The previous wording reads:
Insurance fund which carries out the employee's pension scheme (185/2006) , the business of entrepreneurs (14/08/1969) , sickness insurance law (1224/2004) Or a rehabilitation mfi (1011/1991) , shall be subject to the provisions of this Act, subject to the laws mentioned above. However, Article 83 (1) and (2), (4), (7) and (9) and (10) of this Law, Article 83f (3) and Articles 83 to 83 (r) do not apply to the activities of the pension fund under the Pensions Act and the Pensions Act of the Employers' Pensions Act. Article 83 (3) concerns the activities of the pension fund under the pension law of the employee and the pension funds of the entrepreneur only in the calculation of the liability. The same insurance fund shall not pursue activities and pension insurance activities in accordance with the Health Insurance Act. (8.12.2006/1115)
Under this law, the supplementary pension activity of the pension fund shall apply accordingly to the EEA supplementary pension fund, unless otherwise provided for in Chapter 14a.
For the purposes of this law:
(1) Pension fund An insurance fund whose main purpose is to grant pensions;
(1a) Supplementary pension activities A supplementary pension fund or a pension fund for supplementary pensions and other benefits in the form of voluntary supplementary pensions and other benefits; (19/0392)
(1b) The EEA supplementary pension fund The pension fund referred to in Chapter 14a, which grants only voluntary supplementary pensions and other benefits; (19/0392)
1c) With a foreign EEA supplementary pension institution A supplementary pension scheme for the supplementary pension activities carried out in accordance with Directive 2003 /41/EC of the European Parliament and of the Council on the activities and supervision of institutions for occupational retirement provision Supplementary pension activities, duly approved and registered in another EEA State; (19/0392)
(2) Sickness fund An insurance fund whose main purpose is to compensate for the illness;
(3) Operating circle Persons who may be insured in the register;
(4) Member The person insured in the insurance fund who has the right to vote at the assembly; the person whose insured person depends on being insured is not a member of the register;
(5) The shareholder The continuing support payment; (19/0392)
(6) Service undertaking An entity that provides the insurance fund with services related to its activities; (19/0392)
(7) EEA State A State belonging to the European Economic Area; (19/0392)
(7a) European Insurance and Occupational Pensions Authority Regulation (EU) No .../... of the European Parliament and of the Council establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority) and amending Decision No 716 /2009/EC and repealing Decision 2009 /79/EC 1094/2010 European Insurance and Occupational Pensions Authority; (9.12.2011/1250)
(8) On regulated markets A stock exchange under the supervision of the EEA State, which is subject to the supervision of the EEA State authority, and another system of interchange in the EEA State which, according to the provisions of the Insurance Supervisory Board, is treated as such a stock exchange; (19/0392)
(9) Gross amount of liability The total amount of liability before deduction of the items provided for in Article 83 (3); in the case of a pension fund carrying out a statutory pension insurance activity, the gross amount of the liability is also included in the items referred to in Article 83 (7); (19/0392)
(10) With the debt commitment Debt-to-debt ratio, the interest accrued on the debt instrument and the bond and other monetary and capital market instruments, except for the share, share, derivative contract or the undertaking with which: Subordinated to other commitments by the debtor; (19/0392)
(11) Real estate entity An entity whose main purpose is to own the assets referred to in Article 83j (1) (1) to (3); (19/0392)
(12) Group In the Companies Act (1024/2006) Of the group; (27.3.2009/175)
(13) The guarantee The originator guarantee from the guarantor of the debt instrument; (27.3.2009/175)
(14) On biometric risk Risks associated with death, disability and life expectancy. (27.3.2009/175)
The policy area of the insurance fund may comprise:
1) employees of one employer;
(2) the Companies Act (734/1978) Chapter 1, Article 3 Workers belonging to the same group of employers; (19,1997/615)
(3) employees of two or more employers, provided that they have an economic or operational link between the employer and that the arrangement may be considered appropriate for the management of the cashier and the insured person, or that: Employers as a whole, or because of the similarity of the industry or other factors, are justified by the fact that it is justified to carry out insurance activities within this group; and
(4) a category of persons defined on the basis of membership of a profession or profession or of membership of a registered association, where there is a justification for the pursuit of an insurance fund within this group.
The activities of the pulp may also form part of the categories of persons listed in paragraph 1.
The scope of the action may also include persons who would have been forced to resign from the register if their insurance fund had been extended.
The members of the families of the persons referred to in paragraph 1 may also be covered, as well as those who have retired from the service of the employer and their family members.
The scope of the insurance fund shall be defined in such a way that the scope of the activity circuit cannot be affected by an amendment of the rules of the registered association.
When the insurance fund carries out the statutory activity referred to in Article 2 or grants invalidity or survivors' pensions, there shall be at least 300 members in the register. There must be at least 100 members in the caste of other activities alone.
The Ministry of Social Affairs and Health may, for specific reasons, grant exemptions from the provisions of paragraph 1.
The insurance fund shall not engage in any activity other than that mentioned in Article 1.
The mass shall be adapted so that it is possible without borrowing. However, the applicant shall take the necessary short-term credit, credit for the appropriate purchase of its own premises and, subject to the authorisation of the Insurance Supervisory Authority, for other particularly weighty reasons Credit. However, in the case of a supplementary pension fund, the pension fund may only temporarily take short-term loans to maintain its liquidity. No guarantee shall be given in the register. (19/0392)
Kassa shall not be allowed to own more than a quantity equal to 20 % of the share capital of the company and the voting rights of all shares, without authorisation from the Ministry. The amount invested in the shares of one of these companies or of companies belonging to the same group may not exceed 10 % of the balance sheet total of the register. The restrictions provided for in this paragraph do not apply to a company whose activities may be considered to be related and appropriate to the operation of the register and not to an accommodation or real estate company.
For the purposes of applying the limitations laid down in paragraph 3, account shall also be taken of the shares and orders issued by other limited liability companies in which the cash register holds more than half of the share capital or the voting rights of the shares.
Paragraphs 3 and 4 provide for the share capital of the limited liability company and the number of shares generated by the shares to be subject to the same determination in another undertaking. Kassa must not be a shareholder in a company in which it is held liable for unlimited liability.
The insurance fund must also ensure that its functions are as smooth as possible in exceptional circumstances by taking part in contingency planning in the insurance sector and preparing in advance in exceptional circumstances and by other measures. The Insurance Supervisory Authority may grant derogations from the obligation laid down in this Article, where justified by the size, nature or extent of the insurance fund, or any other specific reason.
Where the tasks to be incurred as a result of paragraph 1 require measures which are clearly different from the activities of the insurance fund normally deemed to be normal and which entail substantial additional costs, such costs may be reimbursed. The law on security of supply (1390/1992) From the Guarantee Fund.
The Insurance Supervisory Authority may issue instructions on the application of paragraph 1.
The insurance fund shall be relocated in a secure and productive manner and with a view to the liquidity of the fund. The funds of the mass may not be used for the purpose of the plant's activities, apparently.
By way of derogation from Article 7 (3) and Article 182, the pension fund may invest up to a maximum of 5 % of the funds related to the supplementary pension fund in the participating undertaking. If the shareholder is an enterprise belonging to the group, the pension fund may invest up to 10 % of the additional pension activities in the same group of companies. The above does not apply to a loan provided by a pension fund in relation to the additional pension activities of a pension fund to a firm which is subject to an undertaking which is independent of an undertaking which is independent of the undertaking. (19/0392)
The pension fund carrying out the statutory activities shall keep the assets and liabilities of the statutory and other activities, as well as income and expenses, separately from each other (divisions) .
If the assets of the Department of the Pension Fund are to be assessed in the context of a sustained period exceeding the amount of the liability and other liabilities of the same department, the amounts corresponding to the excess amount may be transferred from the The liability liability ceiling. However, the transfer of the top to the statutory entity requires the consent of the financial supervision and the fact that the solvency capital is at least twice the amount of the solvency margin after the transfer. If the assets under the provisions of Article 83 of the Pension Fund, and the provisions adopted pursuant thereto, and the provisions adopted pursuant to it are estimated to exceed the amount of the liability and other liabilities of the same department in the case of a permanent balance, the assets corresponding to the difference ( Overate ) Shall be transferred to the statutory title. (20 MARCH 2015)
L to 23/2015 (2) shall enter into force on 1 January 2017. The previous wording reads:
Where the assets of the pension fund under Article 83 and the provisions and provisions adopted pursuant thereto are subject to an assessment of the assets of the pension fund under the provisions of Article 83 and of the provisions adopted pursuant thereto, The amount of other liabilities, the amounts corresponding to the difference ( Overate ) May be transferred to another compartment. However, the transfer of the overcharge to the statutory compartment requires the consent of the financial supervision. In addition, in the case of the transfer of the excess of the crd, the solvency capital shall be at least twice the amount of the solvency margin after the transfer. (20/02/444)
The pension fund which intends to transfer the overate from the issuing department to the statutory title shall be notified in advance to the Insurance Supervisory Board. The notification shall provide the necessary information on the intended shipment and the additional explanations requested by the Insurance Supervisory Authority in order to assess the persistence of the case. The Insurance Supervisory Agency shall have the right to impose conditions which it considers necessary to safeguard the interests of the insured.
The Insurance Supervisory Authority may, within a period of one month from the date of issue of the notification referred to in paragraph 3 and the necessary reports to the Insurance Supervisory Authority, prohibit the intended transfer of funds to another department or, if the transfer has already been carried out, The pension fund to take measures to withdraw the transfer if the transfer is considered to be contrary to the conditions laid down in this Act or otherwise deemed to endanger the interests of the insured person.
In so far as the difference referred to in paragraph 2 has been removed from the membership fees paid by Members, the transfer to another title cannot be made. The rules of the pension fund shall specify how to use the overhead or the overhead to be transferred between the members of the pension fund. (20 MARCH 2015)
L to 23/2015 The amended Article shall enter into force on 1 January 2017. The previous wording reads:
In so far as the difference referred to in paragraph 2 has been removed from the membership fees paid by Members, the transfer to another title cannot be made. The rules of the pension fund shall determine how to use the overt from one title to another among the members of the pension fund.
Separation of the assets and liabilities of the pension funds, as well as income and expenses, is laid down in more detail by a decree of the Ministry of Social Affairs and Health. Where appropriate, the Insurance Supervisory Authority may issue instructions on the application of that Regulation to the pension fund.
The Insurance Supervisory Authority shall also provide, where appropriate, more detailed provisions for the application and notification referred to in this Article, as well as the explanations provided in the application and notification.
The insurance fund shall, in reinsurance or otherwise, organise its activities in such a way as to create an interest-bearing relationship between the likely variability of the liability and the liability of the fund.
In the case of funds for supplementary pension activities, the pension fund shall be entitled to use the trustees established in the European Economic Area as the carers of its assets, which have been approved for undertakings for collective investment in transferable securities Directive 85 /611/EEC on the coordination of laws, regulations and administrative provisions relating to ucits, Council Directive 93 /22/EEC on investment services in the securities field, credit institutions On the taking up and pursuit of business In accordance with Directive 2000 /12/EC of the European Parliament and of the Council or Directive 2002/83/EC of the European Parliament and of the Council on life assurance. In the case of supplementary pension funds, the pension fund also has the right to use as custodians of its assets as custodians established in the European Economic Area, which are recognised as eligible for collective investment in transferable securities Of the Council Directive on the coordination of laws, regulations and administrative provisions relating to undertakings (ucits), the Council Directive on investment services in the securities field or the business of credit institutions Of the European Parliament and In accordance with the Directive of Parliament and the Council.
The insurance fund may be set up by one or more Founders. The Founder shall be a national of Finland or another State belonging to the European Economic Area, or an entity or foundation domiciled in Finland or another State belonging to the European Economic Area. An open company or a commandites company may be a founder, provided that the company's personal liability companies are nationals of any other State belonging to the Finnish or European Economic Area. With the permission of the Ministry of Social Affairs and Health, another person, entity or foundation can be a founder.
Powerful, bankrupt or non-business ban cannot be a founder. (5.4.2002/250)
The Charter must be set up, which must be dated and signed by the founders.
The Treaty shall include a plan for the functioning of the (Action Plan) And a proposal for the provisions of the register, including:
(1) profession, nationality, domicile and postal address of the founders; and
2) when and how the constituent meeting will be convened.
(6.6.2003/420)In addition, if the insurance fund has a guarantee capital or a base fund, the following shall be mentioned:
(1) the amount of the guarantee capital or of the base and, in the case of the base, its giver;
2) for each share of the guaranteed capital ( Guarantee part ) The amount to be paid to the cash register;
(3) the amount of the guarantees which the founder undertakes to subscribe to;
(4) the time during which the non-founder's subscriptions are significant; and
(5) the time during which the guaranteed contributions are to be paid.
The rules of the insurance fund shall state:
1) the name of the register;
(2) the municipality of Finland as the home of the register;
3. The register of operations of the register;
(4) where the cash has a guarantee capital, its amount, the nominal amount of the guarantee shares and the amount of the guarantee capital and the repayment of the guarantee capital;
(5) where the cashier has a hedge fund, its minimum amount;
(6) the smallest number of members;
(7) who are members of the register or other insured persons, how they differ and in which case they can be separated from the register;
(8) who are members of the cashier, how the shareholder differs, and in which case he can be separated from the register;
(8a) the obligations of the outgoing or separated shareholder in relation to the pension fund, in particular as regards the obligation on the part of the shareholder to supplement the solvency capital in the circumstances referred to in Article 132 (9); (20/02/444)
(8b) the obligation on the part of the pension fund to supplement the solvency capital in the situation referred to in Article 134 (2); (20/02/444)
(9) the benefits, their amount or the basis of assessment;
(10) the conditions for obtaining benefits;
(11) period of payment of benefits;
(11a) whether and to what extent a member of the pension fund performing supplementary pension activities, whose membership has expired before the pension or any other benefit justifies the entitlement to a pension, or the entitlement to a pension or other benefit of the beneficiary ( Free book law ); (19/0392)
(11b) the fact that the members of the pension fund performing supplementary pension activities and their beneficiaries are entitled to an additional pension or other benefit under contract law; (55/2001) in Chapter 1, Article 10 In the case of the transfer of the movement; (19/0392)
(11 c) what information shall be provided by the fund for non-statutory activities to Members, to persons receiving a free book and to pensioners on request or by the pension fund, as required by Articles 84a and 84b, and information on how to: And when the information is provided; (19/0392)
(11d) in the case of non-statutory activities, information on the legal remedies available to Members, persons receiving a free book, pensioners and beneficiaries; (19/0392)
(12) how the funds must be invested;
(13) the amount of the loan from which the government can decide;
(14) who is required to pay an insurance premium and how the fee is determined;
15) the liability of the insurance provider for the commitments of the fund and its amount ( Additional payment obligations );
(16) consequence of non-compliance with the premium and the additional levy;
(17) the number of members of the Board of Directors and any alternates, as well as the number or minimum and maximum number of auditors and deputy auditors, the term of office and the age of withdrawal;
(18) if the cashier has a management board, its functions, its term of office, the number of members or the minimum and maximum number of members and the age of withdrawal;
(19) if the cashier is represented at the register, its membership and its term of office and the election of its members;
(20) who has the right to vote at the assembly and the distribution of votes;
(21) the manner in which an invitation to the assembly and other communications to members and members shall be transmitted;
(22) the matters to be dealt with at the meeting of the assembly;
(23) who has the right to write the name of the register; and
(24) how the remaining assets should be used when the cashier is discharged.
The insurance fund rules and their amendments must be submitted to the Ministry of Social Affairs and Health. In order to establish the rules of the fund to be established, the rules must be adopted as a shareholder.
The Ministry shall adopt or amend the rules, unless the intended insurance activities are deemed to jeopardise the healthy development of the sector.
The Ministry may, in the light of the quality and extent of the activity of the cashier, be made conditional on the adoption of the rules or amendments to be made conditional upon the provision of adequate guarantee capital or a basis for the purchase of the base.
The insurance fund shall have either the Finnish or the Swedish name. The word 'insurance fund' shall be included in the word 'Finnish'. However, in the name of the pension fund, the word 'pension fund' and the word 'sickness fund' may be included in the name of the sickness fund. Similarly, in the Swedish name of the insurance fund, the word 'försäkringska', 'pensionska' or 'sjukka' shall be included.
The name of the insurance fund must be clearly distinguished by the names of the other insurance funds. The name shall not be contrary to good practice and may not mislead.
If the cashier intends to use its name in two or more languages, each denomination shall be indicated in the rules of the register. The content of the different names must correspond to each other.
Where an insurance fund has been set up for persons employed by the employer or employers referred to in Article 4 (1) (1) to (3), the rules of the register may, with the agreement of the employers, provide that the persons employed are: Members of the insurance fund. However, if the employer's consent is withdrawn, it shall remain in force for another six months after the notification of withdrawal has arrived at the register.
If the insurance fund to be established has a guarantee capital, the subscription of the guarantee shares to the document ( Labelling document ), which has been copied by a decision of the Ministry of Social Affairs and Health of the Ministry of Social Affairs and Health. The mark may not be invoked in the form of any other form of guarantee in the event of an indication of an error in the register of the Ministry of Social Affairs and Health prior to registration of the register.
If the guarantee element is indicated on terms which are not in accordance with the provisions of the Charter, the label shall be invalid. However, if the incompetence has not been notified to the Ministry before registration of the register, it shall be binding. In this case, the signer cannot rely on that condition.
Once the register is registered, the mark cannot be relied upon to justify the fact that the condition laid down in the memorandum has not been fulfilled.
The founding fathers shall decide on the approval of the label and the number of guarantees to be given to the signer. If the founder of the Charter has stated that he means a certain amount of guarantee, he shall be given at least that amount.
If the guarantee is not provided in accordance with the label, it shall be communicated to the subscribers without undue delay.
The establishment of the insurance fund shall be decided at the constituent meeting. The constituent meeting shall be held within one year of the adoption of the rules.
It is up to the founders to set up the mass. If the owner of the guarantee component has the right to vote according to the rules of the fund, they shall decide on the establishment.
If the foundation is decided solely by the founders, the constituent meeting may be held without an invitation. Otherwise, the founders shall invite the members of the guarantee component they have approved to the constituent meeting as provided for in the Charter. The charter, the decision to lay down the rules of the Ministry of Social Affairs and Health, and the marking document by the founders for at least one week before the meeting, are to be seen in the invitation mentioned in the invitation mentioned.
The founding fathers shall present the documents referred to in paragraph 3 to the initial meeting. Likewise, the founders shall indicate the number of guarantees equivalent to the entries they have approved, the distribution of the guarantee shares to the subscriber and the amount paid. This information shall be included in the minutes of the meeting.
The insurance fund has been set up if, at the meeting within the period referred to in Article 18 (1), a majority of the founders present or represented at the meeting within the period referred to in Article 18 (1), or a majority of the owners of the guarantee part, and if: At the establishment meeting it can be demonstrated that the rules of the cashier have been laid down and that all sections of its guarantee capital have been marked and paid for, or that the base has been handed over to the founders for the purpose of the register. In other cases, the establishment of the register must be deemed to have lapsed.
Once the register has been set up, the statutes of the cashier shall, in accordance with the rules of the register, be submitted to the assembly of the elections.
Otherwise, the constituent meeting shall, where appropriate, comply with the provisions of this law and the provisions of the rules of the register.
Within three months of the date of adoption of the decision, the insurance fund shall be notified to the insurance fund register. If the register has not been declared to be registered in that period, or if registration is refused, the establishment has lapsed.
The register shall be accompanied by a declaration by all members of the Board of Directors that the establishment of the register has been complied with in accordance with the provisions of this Act and that the guarantee capital and the bottom fund are in the possession of the register. The notification shall also be accompanied by a certificate from the auditor of the register that the payment provisions have been complied with.
In the event of the establishment of an insurance fund, the founders are jointly and severally liable for the return of the guarantee capital and the assets of the Facility.
The amount to be paid out of the guarantee shall not be less than the nominal value of the guarantee.
The receipt of a debt on the basis of a mark on the basis of a claim on the insurance fund may only take place with the agreement of the government. A consent shall not be given if it would harm the cash or its creditors.
It shall not be allowed to give up and deposit the guarantee element on the basis of its mark. If the cashier is declared bankrupt, it is a case of bankruptcy.
If the amount of the guarantee is transferred to the other before the full amount of the guarantee has been paid, the transferee shall also be responsible for the payment of the payment to the cashier.
If the founders have agreed that the payment of the base fund or the marking of the guarantee element may take place through the use of assets other than cash in the insurance fund ( Apporttie ), must be included in the memorandum of incorporation. Apportic assets must be applied for the purpose of the insurance activities carried out by the register.
Prior to registration, the insurance fund cannot acquire rights or enter into commitments or claim, carry or respond to the courts or other authorities. However, the Board of Directors may use the power of speech in matters relating to the establishment of the register.
In the case of the obligation to carry out the registration before it was registered, it was jointly and severally determined by those involved in the operation. However, the obligation arising from the establishment or after the meeting after the meeting shall pass to the cashier after it has been registered.
Where, prior to the registration of a cashier, a contract has been concluded with a person who knew that the cashier was unregistered, he, unless otherwise agreed, may waive the contract if the registration is not made in Article 20 Within the prescribed period or if the registration is refused. If the contractual partner did not know that the cashier was unregistered, he may waive the contract until the register is registered.
The insurance fund shall have a government comprising at least three members. In addition, the Board may have as many alternates as members. However, there must be at least five members of the board in the office of the Health Insurance Act, who must have personal alternates. (19/0392)
The board chooses a cashier meeting. The statutes may provide that shareholders shall have the right to choose not more than half of the members of the board. Members of other members of the government shall not participate. In accordance with Article 38 (2), the election of the Board of Directors when the cashier has a Management Board.
The term of office of the Board of Directors shall expire at the latest in the financial year following the elections, either at the end of the cashier's meeting or at the end of the financial year. The statutes may stipulate that the Executive Director may be elected for an indeterminate period of time as a member of the Board.
The law provides for a member of the Board of Directors to apply mutatis mutandis to an alternate member of the Board of Directors.
The insurance fund has to have a ceo. The statutes may stipulate that the Executive Director shall be referred to as the cashier. The Executive Director shall be appointed by the Management Board or, if provided for in the statutes, by the Management Board.
The place of residence of the Executive Director shall be in the European Economic Area. In addition, at least one member of the Board of Directors and alternates shall be resident in the European Economic Area unless the Insurance Supervisory Authority authorises the insurance fund to derogate from this.
The management of the insurance fund must be of good repute. They must have a general knowledge of the insurance business as well as the quality and extent of the activity of the insurance fund, or they must have suitably qualified and experienced advisers.
The management of the insurance fund shall manage the register in a professional manner, taking into account the interests of the members and the persons who have received the free book and of the pensioners.
Powerful, bankrupt or non-business ban may not be a member of the Board of Directors or as Executive Director.
A member of the Board may resign before the end of his term of office. The early resignation shall be notified to the government. A member of the Board of Directors may dismiss the person who has chosen him.
Where a member of the Board of Directors becomes vacant during the term of office, or if a member of the Board loses its eligibility under Article 27 and is not a substitute member, the other members of the Board shall ensure that the new member is elected For the remainder of the current term. However, the election of a member of the assembly may, if there is a quorum, be transferred to the next assembly of cashiers, including the alternates, in which the election of the Board of Directors is required.
If the insurance fund does not have a board of directors registered in the register of insurance, the Ministry of Social Affairs and Health shall be invited to attend a cashier meeting or, if the Board of Supervisors chooses the Government, to elect a government. If the cashier does not have an executive director entered in the register, the Ministry shall be invited by the government or, if the Management Board chooses the Executive Director, to select the Executive Director. Where the Government or the Executive Director is not informed or notified without delay in the insurance fund register, the Ministry shall prescribe one or more of the members of the cashier until the Board of Directors or the Executive Director has been elected and marked The register.
In the case referred to in paragraph 3 of the application, if the Ministry has not already taken the necessary measures, a member of the Government, a managing director, a shareholder, a member, a member, a creditor or any other person whose right may depend on the fact that: The cashier shall have an eligible government and a Managing Director.
The government must have a president. The Chairperson shall be elected by the Management Committee unless otherwise decided in the statutes of the insurance fund or in the selection of the government. The statutes may stipulate that the President may be elected only from among members of the Board of Directors or members of the Board of Directors. In the event of a vote in the Board of Directors, the election shall be the same for the President. The Executive Director shall be the Chairman of the Board of Directors only when the cashier has a Management Board.
The President shall ensure that the Board meets as appropriate. The Chairperson shall convene a meeting if required by a member of the Board of Directors. The Executive Director, even if he is not a member of the Board, is entitled to be present at the meetings of the Board of Directors and to exercise the power of speech, unless the government decides otherwise.
A protocol to the meeting of the Board of Directors shall be drawn up and signed by the President of the meeting and the author of the minutes. A member of the Board of Directors and the Executive Director shall have the right to have their dissent in the minutes.
The Board of Directors shall have a quorum of more than half of its members if the rules of the insurance fund do not require a higher number. However, the decision shall not be taken unless, as far as possible, all members of the Government have an opportunity to take part in the proceedings. If a member of the Board of Directors is prevented from attending, such an opportunity shall be reserved for his/her replacement.
The decision of the Government shall be the opinion which is supported by more than half, unless a qualified majority is required in accordance with the rules of the register. In the event of a tie, the opinion shall be the opinion to which the President has taken an agreement. If the quorum is present in the presence of two Members, unanimity shall be required for the formation of the decision.
A member of the Board of Directors or the Executive Director shall not participate in a case concerning the relationship between him and the insurance fund or otherwise his private interest.
The Board of Directors is responsible for the management and proper organisation of the insurance fund. The Executive Director shall manage the day-to-day administration in accordance with the instructions and instructions of the Board of Directors. Actions which, in the light of the scale and quality of the activity of the register, are unusual or of general scope, shall only be carried out by the Executive Director if the Board of Directors has delegated him to it or the decision of the Board of Directors cannot be expected without Activities essential to the operation. In the latter case, the government shall be informed as soon as possible of the measure.
The government must ensure that the control of accounting and financial management is properly organised. The Executive Director shall ensure that the records of the register are in accordance with the law and that the financial management is organised in a reliable manner.
The Government shall ensure that the pension fund has adequate internal control and adequate risk management systems in relation to the quality and scope of the cash register. The Insurance Supervisory Authority will provide more detailed provisions on the organisation of internal control and risk management and on reliable management requirements. (19/0392)
The government represents the insurance fund and writes its name. The statutes may provide that a member of the Board of Directors or the Executive Director shall have the right to write the name of the register, or that the Board of Directors may grant such a right to its members, the Executive Director or any other person. Articles 27 and 32, as provided for in Articles 27 and 32, shall be valid for a signatory who is not a member of the Board or the Executive Director.
The right to write may be restricted in such a way that two or more persons have only one right to write the name. No other restriction shall be entered in the insurance fund register.
The Board of Directors may at any time withdraw the right to sign.
The Executive Director shall have the right to represent an insurance fund in a case which, according to Article 33, is part of his or her duties.
The Government or any other representative of the insurance fund referred to in Article 34 shall not take any legal action or any other measure which is liable to confer an unjustified advantage on the Member, the shareholder or any other person in the form of a cashier, another member or a shareholder. At the expense.
A representative of the mass shall not be allowed to comply with a decision of the assembly or other institution of the assembly which is invalid on the basis of this law or the rules of the register.
In view of the quality and extent of the activity of the insurance fund, the Ministry of Social Affairs and Health may lay down rules for the register of the register.
The Governing Board shall have at least five members. The Executive Director or a member of the Board shall not be a member of the Management Board.
The Board of Supervisors shall elect a cashier meeting. The statutes may provide that shareholders shall have the right to choose not more than half of the members of the Management Board. Members of the other members of the Management Board shall not participate.
Articles 25 (3) and (4) and Articles 27 and 28 respectively shall apply to members and alternate members of the Board of Directors. In addition, the Management Board and its members shall apply mutatis mutandis to the provisions of Articles 29 to 32 of the Government and its members.
The Management Board shall supervise the administration of the insurance fund managed by the Board of Directors and the Executive Director and shall give its opinion on the financial statements and the audit report to the actual cashier. The Board of Directors and the Executive Director shall provide the Management Board and the Member with the information they deem necessary for the performance of their duties. The members of the Management Board shall request the information at the meeting of the Governing Board. The Board of Directors may issue instructions to the Board of Directors on matters of general scope or of fundamental importance.
The Board of Supervisors shall select the Board of Directors and determine the remuneration of the members of the Board of Directors, unless the Board of Directors decides to instruct the cashier in the statutes. The statutes may also stipulate that the Board of Supervisors shall select the Executive Director and decide on his salary interests. The Administrative Board's right to require the convening of an extraordinary assembly and to convene a meeting of cashiers shall be laid down in Articles 45 and 47. No tasks other than those mentioned in this Act shall be entrusted to the Management Board.
Members and shareholders shall exercise their power of closure at the cashier meeting of the insurance fund.
Each member and partner shall have the right to participate in the assembly and exercise the power of speech.
The statutes may stipulate that a member and a shareholder are required to participate in the assembly at the register at the latest on the date specified in the invitation to the meeting, which may not be earlier than five days before the meeting.
The rules of the insurance fund may stipulate that the decision-making power at the cashier's meeting shall be exercised by the members and members of the members elected by them ( Representation ).
The representative shall comprise at least 10 representatives. The term of office of the members of the Assembly may not exceed four years. More detailed provisions concerning the election of the representative shall be included in the rules of the cashier or in a separate electoral order.
Each member of the assembly shall have one vote.
Members shall exercise their rights at the assembly of the assembly in person or through an agent. Only the other member of the register can act as a client. The client may represent the number of members laid down in the rules. The client should present a dated and individualised proxy.
The meeting shall contain the number of votes provided for by the shareholder rules. However, in the case of a shareholder or, where there are more than one, they shall not collectively have a greater number of votes than the votes of the members represented at the meeting. The shareholder of the voting rights must present a dated and individualised proxy.
If the decision-making assembly is elected to the elected representatives, the voting rights shall apply accordingly, as provided for in the voting rights of the member and the shareholder. A member of the Chamber may not authorise the other to exercise his or her voting rights at the assembly.
The assembly shall be kept at the place of residence of the insurance fund, unless the rules of the register stipulate that the meeting is to be held or held in another designated municipality in Finland. For very weighty reasons, a cashier meeting will be held elsewhere, with the agreement of the Ministry of Social Affairs and Health.
A Member or a shareholder shall not himself or through an agent, or a member of the assembly, shall vote at the meeting of the assembly on the subject of the discharge to him, the action against him or the exemption from liability for damages; or Any other obligation to the insurance fund. He shall also not be allowed to vote on an action against another person or for his exemption from the obligation if he has an essential interest in the matter, which may be in conflict with the interests of the fund. What this provides for a member is also valid for a member of the Ombudsman.
A member of the Board of Directors may not take part in the adoption of a decision on the adoption of the financial statements or on the discharge of the accounts or of the appointment of auditors to audit the administration and the accounts in his term of office. A member of the Management Board may not take part in the decision granting discharge to the members of the Management Board.
The actual cashier meeting shall be held within four months of the end of the financial year. However, in view of the quality and scope of the insurance fund, the Ministry of Social Affairs and Health may lay down rules according to which the cashier meeting may be held at a later date, but not later than six months after the financial year Termination.
The annual accounts and the audit report shall be presented and, if the cashier has a management board, its opinion on them.
The meeting shall decide:
1) fixing the profit and loss account and balance sheet;
(2) the measures to which the surplus or deficit in accordance with the balance sheet is subject;
(3) discharge to members of the Board of Directors, the members of the Management Board and the Executive Director; and
(4) other matters which, according to the statutes of this law or the fund, belong to the actual cashier.
However, the adoption of a decision in the case referred to in paragraph 3 (1) to (3) shall, on a given date, be postponed for at least one month and not more than two months later, if the voting rights having a majority in the meeting The number of votes cast, which is required. The decision must not be postponed again.
The extraordinary cashier meeting shall be held when the Board of Directors or the Board of Directors considers it appropriate.
The extraordinary cashier meeting shall be held if the members and the shareholders, who have at least one tenth of the number of members and members of the cashier, provided for in the rules of the register, require in writing For the purposes of the proceedings. The same right shall be granted to members of a representative whose votes amount to at least one tenth of the votes of all the representatives.
The additional cashier meeting shall also be held if the Ministry of Social Affairs and Health or the auditor of the insurance fund is required in writing to deal with the case.
The call for meetings shall be submitted within 14 days of the submission of the requirement referred to in paragraphs 2 or 3.
A Member and a shareholder shall have the right to have the matter referred to in the cashier meeting, if he/she so requests in writing from the government, that it may be included in the meeting.
The board will call a meeting of the assembly. However, if the insurance fund has a management board, the statutes may provide that the Board of Supervisors shall convene a meeting of the cashier.
In the absence of an assembly which, in accordance with the provisions of this Act, the rules of the register or the decision of the assembly, is to be held, the Ministry of Social Affairs and Health shall be convened by a member of the Management Board, Upon application by the Executive Director, the auditor, a member, a shareholder or a member of the representative, to convene a meeting at the expense of the register. The Ministry may convene a meeting of the cashier, even if the application is not made.
The invitation to the assembly shall not be less than four weeks and, unless the insurance fund rules have provided for a longer period, no later than one week before the date of the meeting or the last date of registration under Article 39 (3). If the decision is to be taken at a meeting of the assembly, a different invitation shall be submitted if the meeting is held later than four weeks later. If, according to the rules of the register, the validity of the decision is conditional on the decision being taken at two meetings, the latter must not be invited to the latter meeting before the last meeting has been held. The invitation shall state the decision taken at the last meeting.
The invitation shall be submitted in accordance with the rules of the register. For very weighty reasons, it is possible to send the Ministry of Social Affairs and Health with the agreement of the Ministry of Health. The invitation shall include the items to be discussed at the assembly. If the matter concerns an amendment to the rules of the register, the main content of the amendment shall be mentioned in the invitation.
When the annual accounts are dealt with by the assembly, the documents or copies of the accounts shall be kept for a period of at least one week before the meeting at the office or the other place at the assembly of the cashier's office. To be visible to the electorate. Similarly, it must be done if the assembly deals with the issue of changing the rules. The meeting shall be indicated in the notice of the meeting.
At the assembly, the voting rights shall be replaced by the right to obtain copies of the documents referred to in paragraph 3.
No decision shall be taken without the consent of the members or shareholders who are affected by the failure to comply with the provisions of this law or the invitation to meeting the rules of the insurance fund. However, if the elected representatives are elected, the assembly shall have a cashier meeting, regardless of the invitation, if all the representatives are present. If, according to the rules of the law or cashier, the proceedings are to be dealt with, the cashier meeting shall decide on it, even if the matter has not been mentioned in the notice of the meeting. The assembly may also decide to convene an extraordinary meeting to discuss the issue of convening an extraordinary meeting.
The chairman of the assembly shall elect a meeting of the assembly. The statutes may stipulate that the chairman of the meeting shall be selected from the representatives of the members of the register.
The Chair shall ensure that the minutes of the assembly are kept. The minutes shall be recorded in the minutes, the votes cast and the decisions taken at the meeting, and when the vote has been taken, the result of the vote. The minutes shall be verified and signed by the President and at least one of the votes cast for it at the meeting. No later than two weeks after the meeting, the minutes shall be held in the office of the insurance fund to be seen by members and members. The records must be kept in a reliable manner. Members and shareholders shall be entitled to a copy of the minutes of the assembly or part of the minutes of the assembly.
The decision of the assembly shall, subject to this law or the rules of the insurance fund, be the subject of an opinion which has been in favour of more than half of the votes cast or, by the vote, to which the President agrees. Elections are deemed to be the one that gets the most votes. In the event of a tie, the election shall be settled. When, in any case, the power to decide is only part of a number of members and shareholders, the provisions of this paragraph shall be complied with.
A cashier meeting will be decided upon by the insurance fund. The decision to amend the rules shall be valid only if the members and members of the shareholders or representatives who have at least two-thirds or more of the votes provided for in the statutes have been in favour of it. If the change in the rules directly concerns the rights or obligations of the shareholder, it is necessary, in addition to what otherwise provided, for the amendment to be adopted as a condition for the shareholder to be at the assembly or otherwise of the amendment. If there are more than one partner, the fixing of the change shall be subject to the condition that at least two thirds of all shareholders have undergone change at the assembly or otherwise approved. In addition, at least two thirds of the voting rights of the shareholders who approved the amendment would be required if all the shareholders had been represented at the assembly.
A change in the rules relating to the reduction of the benefit shall not apply to the type of insurance that has occurred before the change enters into force. In the case of a new form of insurance, this article does not include the change in the unemployment pension as an invalidity pension, the change in the pension as a retirement pension, or the entitlement to a survivor's pension after the pensioner.
Paragraph 1 shall not apply to a change of rules which limits the future growth of the benefit.
No decision shall be taken at the assembly which is of unjustified interest to the Member, the shareholder or any other person at the expense of the insurance fund or another member or the other.
If the decision of the assembly is not born in an orderly manner, or otherwise is contrary to the criteria laid down in this Act, the rules of the insurance fund or the criteria laid down for insurance, member, shareholder, member of the register, the board of directors, A member of the Board of Directors or the Executive Director shall institute proceedings against the caste in order to be declared invalid or amended.
The action shall be instituted within three months of the date of the decision. If a Member or a shareholder has had an acceptable reason for the delay and the decision to remain valid would be manifestly unreasonable for him, the action may be instituted no later than one year after the date of the decision. If the action is not brought within the time limit, the decision shall be deemed valid.
However, the provisions of paragraph 2 shall not apply:
(1) where the decision is such that it is not legally possible to do so with the consent of all members or members or members of the representatives;
(2) where the decision is required by law or fund rules to consent of all or certain shareholders and no such consent has been given; or
(3) unless the meeting has been convened, or if the provisions or provisions in force at the invitation of the meeting have been substantially infringed.
The decision of the court where the decision of the assembly has been declared invalid or amended is also in force in relation to Members and shareholders who have not joined the action. The court or tribunal may amend the decision of the assembly only if it is possible to determine the content of the decision.
If the decision of the assembly is repealed or amended, it shall become what is to be won, to the insurance fund. However, those who raised the claim are entitled to receive compensation from the plant for their costs, to the extent that sufficient funds are available to the cashier.
The provisions of this Article shall apply mutatis mutandis to the failure of the decisions of the constituent meeting. However, the period referred to in paragraph 2 shall be calculated from the date of registration of the register.
The auditing of the insurance fund is valid, as is the case in this chapter and in the audit law. (17/01/2015) Provides.
In addition, the statutory pension insurance scheme for pension insurance activities is subject to the provisions of Chapter 4 (1) (8), Chapter 5 and Article 9 (1) (1) of Chapter 7 of the Court of Auditors on the regulated market. Of the audited entity and the auditor.
The insurance fund shall have at least two auditors. The auditor shall be an auditor within the meaning of the audit law. The auditors choose a cashier meeting. However, the statutes may stipulate that the members and shareholders have the right to choose between the appointed number of auditors, but not more than half of the total number of auditors.
In addition to the actual auditors, at least two reserve inspectors shall be selected. As for the statutory auditor, the statutory auditor shall apply accordingly.
Notwithstanding the provisions of paragraph 4, the reserving inspector may not be selected if an audit firm has been appointed as the statutory auditor and the cashier has not ordered otherwise.
L to 2012/2015 Article 56 shall enter into force on 1 January 2016. The previous wording reads:
The auditing of the insurance fund is valid, as is the case in this chapter and in the audit law. (209/2007) Provides.
In addition, the statutory pension insurance scheme for pension insurance activities is governed by Articles 25 (1) (8), 5 (2) and 40 (2) (1) of the Law on Pension Insurance Audits and auditors.
The insurance fund shall have at least two auditors. The auditor shall be a kHT auditor within the meaning of Article 2 (2) of the Code of Auditors or a kHT entity or a HTM auditor or an HTM entity within the meaning of Article 2 (3) of that Act. The auditors choose a cashier meeting. However, the statutes may stipulate that the members and shareholders have the right to choose between the appointed number of auditors, but not more than half of the total number of auditors.
In addition to the actual auditors, at least two reserve inspectors shall be selected. As for the statutory auditor, the statutory auditor shall apply accordingly.
Notwithstanding the provisions of paragraph 4, the reserving inspector may not be selected if the KHT Community or the HTM Community has been elected as the auditor and the cashier has not ordered otherwise.
The statutory auditor's term of office shall be laid down in the rules of the register. The duties of the auditor shall expire at the end of the actual cashier meeting, which shall be held after the end of the last financial year of his term of office, or if he has been elected for the time being, where the new auditor has been elected To their place.
Articles 2 to 3 have been repealed by L 28.10.1994/945 .
§ 58 has been repealed by L 28.10.1994/945 .
§ 59 has been repealed by L 13.4.2007. .
§ 60 has been repealed by L 28.10.1994/945 .
Financial supervision shall specify the eligibility conditions for the insurance fund in the cases referred to in Article 8 (1) of Chapter 2 of the Audit Act.
In the cases referred to in paragraph 1, any person may be allowed to do so. The Board of Directors shall be obliged to make a declaration, unless the person to whom the auditor is elected shall, without delay, select the statutory auditor.
The financial supervision shall be requested from the Board of Auditors of the Patents and Registration Board for an opinion on the independence referred to in Article 8 (1) (2) of Chapter 2 of the Audit Act prior to its resolution.
Before the provision mentioned in this Article is adopted, the government of the register shall be consulted. The order shall remain in force until the cashier has been elected to replace the Financial Supervisory Authority.
L to 2012/2015 Article 61 will enter into force on 1 January 2016. The previous wording reads:
In the cases referred to in Article 9 (1) of the Code of Auditors, the Insurance Supervisory Authority shall provide the insurance fund with the eligibility conditions for the insurance fund.
In the cases referred to in paragraph 1, any person may be allowed to do so. The Board of Directors shall be obliged to make a declaration, unless the person to whom the auditor is elected shall, without delay, select the statutory auditor.
In the case of the independence referred to in Article 9 (1) (2) of the Audit Act, the Insurance Supervisory Board shall request an opinion from the Audit Board of the Central Chamber of Commerce prior to its resolution.
Before the provision mentioned in this Article is adopted, the government of the register shall be consulted. The order shall remain in force until the cashier has been appointed to a holding appointed by the Insurance Supervisory Authority.
Articles 62 to 64 have been repealed by L 28.10.1994/945 .
The Ministry of Social Affairs and Health can give details of the audit report.
Article 66 has been repealed by L 19.12.2008. .
Articles 67 to 68 have been repealed by L 28.10.1994/945 .
A member of the insurance fund or a partner may require a specific check to be carried out on the administration and accounting of the cashier for the period ending in a given period, or on certain measures or circumstances. A proposal to this effect shall be made at the actual cashier meeting or at the meeting of the assembly in which the meeting is to be considered. If the voting rights, which have at least one third of the votes represented at the meeting, have been supported by the proposal, the Member or the shareholder may, within one month of the meeting, apply to the Insurance Supervisory Board to apply for the auditor.
Before determining the inspector, the Insurance Supervisory Board shall consult the Government of the Cashier and, if the application is applied to the measures of a particular person, this person. The application shall be granted if there are serious reasons for the submission of the inspection. The Insurance Supervisory Authority may order one or more inspectors.
As regards the auditor, Article 2 (1) to (5), Chapter 2, Sections 1 and 7, Chapter 3, Sections 7, 9 and 10 and Articles 6 to 8 of Chapter 4 of the Audit Act shall apply mutatis mutandis to the inspector referred to in this Article. (18/05/2015)
L to 2012/2015 (3) will enter into force on 1 January 2016. The previous wording reads:
As regards the auditor, Article 2 (1) to (3), (3), (8), (16), (18), (19) and (24) to (26) of the Audit Act shall apply mutatis mutandis to the inspector referred to in this paragraph.
The inspection shall be accompanied by an opinion to the assembly. The opinion shall be kept for a period of at least one week before the assembly of the cashier in the office of the cashier to be seen and promptly sent by members and shareholders to the person asking for it, and shall be placed at the assembly. The inspector shall have the right to receive a payment from the cash register.
The accounting and financial statements of the insurance fund and the activity report shall be drawn up in accordance with the accounting law (136/1997) , subject to the provisions of this Chapter and the accounting regulation (13/09/1997) , subject to the provisions of this Chapter, or subject to provisions specific to the specific nature of the insurance activities of the Ministry of Social Affairs and Health or the Insurance Supervisory Authority.
Articles 4 (1) and 5 to 8 of Chapter 1 of the Accounting Act, Articles 1, 2 (2), 9 to 12 and 13 (1) and (3) of Chapter 4, Articles 1 to 4, 5 (3) to (5) and 7, 5 (2), (2) and (4), 5 (1), 5 (a) (2), 6 (2), 6 and 13, Articles 16 and 17, Articles 19 and 20, Chapters 6, 7 and 7a and Article 6 of Chapter 8 shall not apply to the preparation of the accounts of the insurance fund or the activity report.
The permanent equivalent of the Accounting Act refers to the balance sheet items of the insurance fund and the tangible and tangible assets. The material and intangible assets shall apply, save as otherwise provided below, the provisions on the permanent equivalent of the accounting law, with the exception of the provisions mentioned in paragraph 2 above, and Articles 13 and 16 of Chapter 5.
The financial year of the insurance fund shall be the calendar year. At the beginning or end of the operation of the mass, the financial year shall be shorter or longer, but not more than 18 months.
The insurance fund is not obliged to draw up and include consolidated financial statements in its annual accounts.
A financial statement shall be prepared for the financial year, including:
(1) balance sheet of the balance sheet date;
(2) the profit and loss account of the result; and
3) Information to be provided in the balance sheet and the profit and loss account ( Notes ).
Each item of the balance sheet and profit and loss account shall be provided with equivalent information for the last financial year ( Comparative information ). Where the breakdown of the balance sheet or profit and loss account has been changed, the reference data shall be adjusted as far as possible. The same must be done if the reference information is not useful for any other reason.
The financial statements shall be accompanied by an activity report providing information on important developments concerning the development of the insurance fund.
The documents forming part of and annexed to the financial statements shall be clear and form a coherent whole.
The accounts and the annual report shall be submitted to the auditors at least one month before the actual conference.
Paragraphs 1 to 2 have been repealed by L 30.12.2004 1324 .
The Board of Directors shall submit a proposal for measures to be taken in excess of the deficit or deficit.
Article 72b has been repealed by L 30.12.2004 1324 .
Operating assets are objects, separately transferable rights and other commodities intended to produce income on a continuous basis for several financial years and which are not assets within the meaning of paragraph 2.
Investment assets consist of securities, real estate and other assets acquired in order to invest or secure investments.
Paragraph 3 has been repealed by L 30.12.2004 1324 .
Shared assets belong to different types of assets divided by the use of a dividend ratio.
If a commodity which is intended to generate income for a continuous period of time in several financial years, the interest payable on the amount of the loan to be made available for the production of a loan, and in accordance with Article 5 (2) of Chapter 4 of Chapter 4 of the Accounting Act, is essential In relation to the procurement expenditure referred to in Article 5 (1) of Chapter 4 of the Accounting Act, in addition to the contribution provided for in Article 5 (1), these interest payments shall be included in the contract.
Unless otherwise shown in the insurance fund, the cost of the acquisition of securities of the same kind shall be determined on the assumption that the securities have been surrendered in the order in which they were acquired, or that the order of surrender has been the opposite of the order of supply. The acquisition cost of the same types of securities may also mean the average of actual procurement expenditure, weighted by the corresponding acquisition volumes.
The following shall be entered:
(1) cash and non-investment assets at nominal value, but not more than likely to be value;
(2) the provisions of Article 79 and 80 (2) and the value calculated in accordance with the provisions of the Ministry of Social Affairs and Health and the Insurance Supervisory Authority; and
(3) other liabilities at nominal value or, if the debt is indexed to the index or other reference basis, at a higher value than the nominal value of the changed reference criterion.
If the current account, which is receivable on the basis of paragraph 1 (1), proves to be unfounded at the latest on the date of the end of the financial year, it shall be recorded as an adjustment of the expense report.
At the end of the financial year, the acquisition cost of the investments included in the main balance sheet item "investment" shall be activated. The cost of the acquisition of buildings and other long-acting expenditure and equipment shall be recorded as depreciation. If, at the end of the financial year, the fair value of the investment property is at the end of the financial year or on the basis of this paragraph, the write-down minus the lower than the cost, the difference shall be recorded as a write-off. Unless, for a specific reason, the Ministry of Social Affairs and Health, in the case of investments deemed to be used and in order to qualify for the purposes of obtaining a rating, registration may be waived if the depreciation of the value is to be considered temporary. If the current entry proves to be no later than the end of the financial year, it shall be recorded as an adjustment of the expense report. (30.12.2004)
Debt securities and other monetary and capital market instruments may be included in the balance sheet in a different way as laid down in the Regulation of the Ministry of Social Affairs and Health. (30.12.2004)
If the fair value of the land or water area, the building, the security or any other commodity comparable to them is substantially higher on the balance sheet date, the balance sheet shall be included in the balance sheet, in addition to the An increase in the value of the difference between the fair value and the loss of the contract. The amount corresponding to the increase shall be entered in the profit and loss account. If the value increase proves to be unjustified, the revaluation shall be adjusted in profit or loss.
By way of derogation from paragraphs 1 to 3, financial instruments may be valued at fair value. The change in the value of the fair value shall be recorded either as output or expense in the profit or loss account or the fair value fund of the balance sheet. Details of the main principles for determining the fair value and the fair value of the fair value, the change in fair value to the profit and loss account, the balance sheet and the notes on financial instruments; and The information to be provided in the activity report shall be provided by a decree of the Ministry of Social Affairs and Health. Investments in which the insurance fund trades can be classified as financial instruments held for trading purposes. The Insurance Supervisory Authority will issue further detailed provisions on the terms and conditions of the fair value valuation. The Insurance Supervisory Authority will provide more detailed provisions on the classification and hedge accounting of financial instruments held for trading purposes. (30.12.2004)
By way of derogation from the provisions of paragraphs 1 and 3, investment buildings and other investments mentioned in the Decree of the Ministry of Social Affairs and Health may be valued at fair value. The change in the fair value is recorded as output or expense in the profit and loss account. Details of the conditions for fair value valuation, the determination of fair value, the indication of changes in fair value to the profit and loss account and the information to be provided on these items and the information to be provided in the activity report By decree of the Ministry of Social Affairs and Health. The Insurance Supervisory Authority will issue further detailed provisions on the terms and conditions of the fair value valuation. (30.12.2004)
The premium must be chosen by the insurance fund in such a way as to apply uniform valuation principles for the assets legible for a specific purpose. Where the cashier chooses to respect the fair value of the fair value in accordance with paragraphs 4 or 5, the cashier shall not be able to apply the valuation principles specified in paragraphs 1 to 3 at the same time as other equivalent assets to the corresponding use. The chosen method of measurement is applied consistently. (30.12.2004)
The asset shall be transferred from the group of investments to be considered as investment asset or asset item in the balance sheet value referred to in paragraphs 1 to 3 in accordance with the valuation principles defined in paragraphs 1 to 3. (30.12.2004)
The balance sheet shall be appended to the balance sheet item on the balance sheet and the fair value of the investments as specified by the Insurance Supervisory Board. (30.12.2004)
The Insurance Supervisory Authority shall lay down further provisions on the valuation conditions for the fair value of the investments, the determination of the fair value of the investments and the cost of the acquisition, the transfer of investment and fixed assets, and the The presentation of the depreciation of long-acting expenses. (30.12.2004)
Article 74c has been repealed by L 30.12.2004 1324 .
The insurance fund shall have a reserve fund which must be accrued annually by at least 20 % of the surplus shown by the financial statements. Where the reserve fund is equal to or greater than the average for the financial year and the preceding two financial years, the transfer to the reserve fund is no longer mandatory.
The reserve fund may be reduced in accordance with the decision of the cashier only to cover the deficit established by the consolidated balance sheet.
Notwithstanding the provisions of paragraph 2, the Ministry of Social Affairs and Health may, on application, authorise the cash register to reduce the amount of the reserve fund for special reasons, but not in general for a full reserve fund under paragraph 1.
Cash may also have other funds that are charted and used in accordance with the rules.
If the annual accounts of the insurance fund show a deficit, it will be covered by a surplus from previous financial years and then the funds under Article 75 (4). Thereafter, the deficit should be covered by the reserve, the base fund and the guarantee capital. If the deficit is not covered, those who have been obliged to make payments to the cashier during the financial year shall, without delay, impose an additional fee if the provisions of the register are subject to an obligation to make an additional payment. The surcharge shall be proportional to the fee payable for the financial year and not more than the amount. The surcharge shall not exceed 20 % of the missing amount.
If, during the period of payment, no additional payment is made to him, it shall be immediately charged to the recovery operation. If the additional levy is not recovered, the missing amount, to the extent necessary to recover it, shall be borne by the other persons liable for payment, taking into account the limit referred to in paragraph 1.
A surcharge with interest for late payment may be recovered through enforcement, without a judgment and a decision, in accordance with the law on the levying of taxes and charges (2006) Provides.
More specific provisions resulting from the specific nature of insurance activities, for the balance sheet and profit and loss account, and for the information on the balance sheet and the profit and loss account and for the information to be provided in the activity report, and for the breakdown of the balance sheet and the breakdown of the notes, By decree of the Ministry of Social Affairs and Health.
The Regulation of the Ministry of Social Affairs and Health may provide for when and how to derogate from the provisions on the drawing up of the annual accounts and the activity report with a view to giving a true and fair view.
The Insurance Supervisory Authority shall lay down more detailed provisions resulting from the specific nature of the insurance undertaking to draw up the annual accounts of the insurance fund and the activity report.
The Insurance Supervisory Authority may issue guidelines and opinions on the application of the regulation referred to in paragraph 1 of the Ministry of Social Affairs and Health and the Accounting Act and Regulation to the insurance funds.
For a specific reason, the Insurance Supervisory Authority may, for a limited period, grant an exemption from the provisions and provisions referred to in paragraph 4, where a derogation is necessary to obtain a true and fair view of the activities of the insurance fund The result and financial position.
Where provision, instruction or authorisation referred to in this Article is relevant to the general application of the provisions of the Accounting Act or Regulation, the Ministry of Social Affairs and Health, or Before issuing an order, a guideline, an opinion or an authorisation, the Insurance Supervisory Authority shall request the opinion of the Accounting Board.
For specific reasons, the Insurance Supervisory Authority may, for specific reasons, grant derogations from paragraph 1 and Article 9 (1) of Chapter 2 of the Accounting Act and Article 6 of Chapter 3 of the Accounting Act.
The premiums or charges payable to the insurance fund shall be laid down in the rules. The criteria for payments shall be communicated to the Insurance Supervisory Agency for non-statutory activities.
Liability arising from commitments under the pension fund rules shall be recognised as liability. It consists of the liability and liability of insurance.
The contribution of the premium shall be equal to the capital value of the future contributions due under existing commitments and other expenditure arising from these commitments, minus the capital value of future premiums. In the case of a pension fund exercising statutory pension insurance, the insurance premium shall also be regarded as a supplementary insurance liability for the maintenance of solvency. Additional insurance liability to increase or reduce the liability of insurance may be used to cover the loss of the liability debt and also to cover other losses and to lower the premiums, as specified by the relevant ministry. Non-statutory pension insurance for pension insurance other than the statutory pension insurance scheme is also considered to be a liability for future increases in insured benefits qualifying for financial supervision ( Indexation exposure ), which, on the basis of the criteria, must not be used to cover a loss other than that resulting from the modification of the criteria for the calculation of the liability. (20/02/444)
The liability shall be borne by the payment of compensation and other amounts due as a result of accident insurance events, in so far as the pension fund has been incurred in respect of the pension fund of the employee or the entrepreneur's pension fund. (1272/2006) , and the amount of countervailable subsidies in the event of a long-term injury. (20/02/444)
For the purposes of calculating the exposure amount referred to in paragraph 2, the amount of the exposure amount shall be taken into account in the calculation of the amount of the contribution of the worker's pension scheme. (395/2006) in Article 168 The amount of the supplementary premium for the share of the limited liability. (8.12.2006/1123)
The liability of a non-pension fund shall consist of a liability which corresponds to the amounts outstanding at the end of the accounting period and outstanding at the end of the financial year.
In addition to the provisions of paragraph 1, the Ministry of Social Affairs and Health may order that the liability liability should also include the insurance premium referred to in Article 79 (2) if the extent of the activity, the nature of the benefits or any other specific reason Demands.
Insurance shall comply with, unless otherwise provided for elsewhere in law, the calculation criteria laid down by the Insurance Supervisory Authority:
(1) the calculation of the liability; and
2) for the determination of the free book and the purchase.
(6.6.2003/420)The criteria mentioned in paragraph 1 (1) and Article 78 shall be drawn up, as well as the premiums referred to in the last paragraph, with a view mainly to the protection of the insured benefits and the criteria mentioned in paragraph 1 (2), shall be designed with a view mainly to their reasonableness.
In the case of additional pension activities, the calculation of the calculation of the liability of the pension fund shall be established taking into account, as a matter of priority, the protection of the benefits of members, persons receiving a free book and of pensioners. The variables to be used for the calculation of the liability debt, such as death, life expectancy and invalidity, and economic assumptions should be chosen with caution. The actuarial methods must be the same from one financial year to another if there is no reasonable cause for change.
If, in the case of additional pension activities, the criteria for the liability of the pension fund are changed, the criteria shall also apply before the amendment to the duties of the members, unless different criteria are drawn up for them. If the criteria for liability are changed as a result of changes in legislation, demography or economic situation, in such a way that the liability liability in line with the new criteria is higher than those of the old criteria, and The financial resources for additional pension activities would not be sufficient to cover the higher levels of liability, the difference between the responsibilities of the Insurance Supervisory Authority and the liability side of the balance sheet may be assumed by the Insurance Supervisory Authority ( Technical envy deficiency ).
The authorisation of an insurance supervisory authority shall be conditional on the drawing up of a viable plan for the purpose of drooling in the pension fund within a period of time, but not more than ten years. The granting of the authorisation and the length of the period referred to above must be based on the estimated average level of contribution to the pension fund for the depreciation of the technical catechism. The plan shall be accessible to Members, persons receiving a free book and to pensioners.
The Insurance Supervisory Authority shall lay down further provisions on the content of the calculation criteria for calculating the liability of the supplementary pension fund. The Insurance Supervisory Authority may provide more detailed provisions on the application of security and prudence on the basis of calculation criteria and assumptions for the variables to be used for the calculation of liability.
If the criteria for liability are changed, the criteria shall also apply before the change to the customs duties, unless different criteria are drawn up for them. If the liability liability in accordance with the new criteria is higher than in the case of the old criteria, the Insurance Supervisory Authority may authorise the insurance fund to keep the liability in this respect for a specified period, but not more than 10 years. The difference shall be deducted each year in accordance with the plan approved by the Insurance Supervisory Authority. (6.6.2003/420)
In the case referred to in Article 80 (2), the liability may be kept at a lower level for a maximum period of 10 years, including the provision by the Ministry. The Ministry may extend that period for specific reasons for a period not exceeding five years. The difference shall be deducted each year in accordance with the plan approved by the Ministry.
Paragraphs 1 and 2 shall not apply to the supplementary pension activities of the pension funds. (19/0392)
In the case of additional pension activities, the interest to be used to calculate the liability of the pension fund should be used with caution.
The setting of the maximum rate in accordance with paragraph 4 shall take into account the market yield of long-term high quality or long-term government bonds.
Notwithstanding the provisions of paragraph 4, the interest to be used for the calculation of the additional pension activities may, upon application by the Insurance Supervisory Authority, be chosen for the application of the supplementary pension fund at a higher rate than the ceiling referred to in paragraph 4. The level of yield of assets by making it an adequate deduction from the point of view of security. In this case, account shall also be taken of the level of revenue from the establishment of future payments. The level of income shall be adjusted to reflect the return on future investments, in so far as the duration of the underlying investments is less than the duration of the exposure debt. Where appropriate, the Insurance Supervisory Authority shall provide more detailed provisions for the application referred to in this paragraph.
The maximum rate of interest to be used for the calculation of the liability is laid down by a decree of the Ministry of Social Affairs and Health.
The insurance fund shall cover the liability referred to in Article 79 and Article 80 (2). In this case, the liability of the supplementary pension fund for the supplementary pension fund may be deducted from the amount of the technical catechism referred to in Article 81a (2). (19/0392)
In the event of liability, account shall be taken of the insurance activities carried out by the insurance fund and, accordingly, the security of the assets covered by the cover, the yield and the financial dimension, and their appropriate Diversification and diversification.
The insurance fund shall cover the liability liability of the assets of the types provided for in this Article, which, according to the criteria laid down by the Insurance Supervisory Authority, are sufficient to cover the liability of which: After deduction of the following items:
(1) the reinsurer's contribution to the amount approved by the Insurance Supervisory Authority;
(2) entitlements based on the right of recourse; and
(3) in cases determined by the Ministry of Social Affairs and Health, for specific reasons, other items to be deducted.
(19/0392)The Ministry of Social Affairs and Health may, for special reasons, order that certain funds belonging to the ceiling are valued in an aberrant manner. (19/0392)
The liability margin shall, according to the provisions of Article 83 h-83r, be:
1) bonds and other monetary and capital market instruments;
2) loans and other assets based on debt certificates;
(3) shares and other shares of variable size;
(4) shares in investment funds and other comparable collective investment undertakings;
(5) rights relating to property, buildings and immovable property, such as pleasure and access rights and land lease rights; shares and units in real estate entities; rights provided by the hydroelectric power station operated by a hydroelectric power plant, provided that: That the right of access to the hydro-electric power is fixed as a mortgage; the assets of a real estate entity that owns the assets referred to in this paragraph and where the insurer is dominant;
(6) contributions from shareholders and members and other amounts receivable from the reinsurer than those mentioned in paragraph 3 (1);
(7) tax and other claims on the State and other public entities;
(8) non-material assets other than those referred to in paragraph 5;
(9) money and bank accounts, deposits in credit institutions and other institutions authorised to receive deposits;
(10) accrued income, such as accrued interest, accumulated rents and other income and expenditure forecasts; or
(11) in the case of statutory pension insurance, other items approved by the Ministry of Social Affairs and Health following the specific nature of this Insurance Act.
(19/0392)The Insurance Supervisory Authority may, upon application of the insurance fund, accept the funds and commitments other than those referred to in paragraph 5 for a limited period of time, which may be assimilated to their quality and security Funds. (19/0392)
The provisions on buildings, buildings and the rights referred to in paragraph 5 (5) of this Article shall also apply, in respect of Article 83 h-83 r, to a real estate entity domiciled in the EEA State, where the insurance fund has the power to impose, In the same way as if these funds were directly owned by the insurance fund. (19/0392)
Article 8 has been repealed by L 20.3.2015 , which enters into force on 1 January 2017. The previous wording reads:
The pension fund exercising the statutory pension insurance scheme shall cover the liability debt referred to in Article 79, the liability for the division of responsibilities within the meaning of Article 183 of the pension law of the employee, the liability of the entrepreneurs' pension scheme. (468/1969) (2) on the allocation of responsibilities under paragraph 2, as well as the liability arising from insurance premiums, in accordance with the law on the calculation of the solvency limit and the liability of the pension institution (15/06/2006) Provides.
The Insurance Supervisory Authority shall, where appropriate, provide for more detailed provisions on the location of the assets covered, the limitation of the foreign exchange risk and the organisation of the foreign exchange movement, the use of derivative contracts in the margins, collateral In the light of the valuation and the value of the collateral, the commitments to which the collateral relates. Where appropriate, the Agency shall also lay down more detailed provisions for the assimilation of the exchangerate system in the Member State of the European Economic Area to the stock exchange, the assimilation of the Community to the real estate community, deposit bank or insurance company, and The ratio of reserves to gross amounts of exposure to the ceiling. (3 JUNE 2005/383)
In an individual case, the Insurance Supervisory Authority may order, if it is specific for the application of paragraph 2, that certain funds may not be read in the margin of liability of the insurance fund. (3 JUNE 2005/383)
If the assets under the provisions of Article 83 and the provisions adopted pursuant to it and the provisions adopted pursuant to it are assessed exclusively in the context of the pension fund, or of the provisions of Article 83 of the The sum of the liability and other liabilities, the corresponding overt, with the consent of the Financial Supervisory Authority, may be returned to the shareholders of the pension fund in proportion to the technical provisions. The Regulation of the Ministry of Social Affairs and Health may, where appropriate, provide that the value of certain assets covered by the ceiling is calculated from the fair value. As a condition for the recovery of the additional benefit, the solvency capital of the Legal Action Service exceeds the capital adequacy ceiling under Article 83d (2). (20 MARCH 2015)
L to 23/2015 Paragraph 1 shall enter into force on 1 January 2017. The previous wording reads:
If the assets under the provisions of Article 83 and the provisions adopted pursuant to it and the provisions adopted pursuant to it are assessed exclusively in the context of the pension fund, or of the provisions of Article 83 of the The sum of the liability and other liabilities, the corresponding overt, with the consent of the Financial Supervisory Authority, may be returned to the shareholders of the pension fund in proportion to the technical provisions. The Regulation of the Ministry of Social Affairs and Health may, where appropriate, provide that the value of certain assets covered by the ceiling is calculated from the fair value. As a condition for the recovery of the additional benefit, the solvency capital of the Legal Action Service exceeds the four-fold amount of the solvency threshold in accordance with Article 83d (2).
In so far as the difference referred to in paragraph 1 has been removed from the membership fees paid by Members, no refund to the shareholder may be made.
Where the solvency capital for the pension fund of the pension fund exceeds the maximum amount, the excess may be exceeded, subject to the conditions laid down in Article 83d, with the consent of the financial supervision, to the shareholders. The Ministerial Decree of the Ministry of Social Affairs and Health may, where appropriate, provide for the exclusion of certain items, without taking into account the solvency capital, and that the value of certain assets is calculated from a fair value. (20 MARCH 2015)
L to 23/2015 (3) will enter into force on 1 January 2017. The previous wording reads:
Where the solvency capital for the pension fund of the pension fund exceeds the four-fold amount of the solvency threshold, the excess may be exceeded, subject to the conditions laid down in Article 83d, with the consent of the financial supervision, to the shareholders. The Ministerial Decree of the Ministry of Social Affairs and Health may, where appropriate, provide for the exclusion of certain items, without taking into account the solvency capital, and that the value of certain assets is calculated from a fair value.
In the case referred to in Article 111, the shareholders may recover the sums which exceed the amount referred to in Article 132 (2) and (3), provided that the pension fund has completed its debt and has fulfilled all other commitments.
Financial supervision shall lay down further provisions on the application referred to in this Article and on the explanations provided in the application.
The capital adequacy capital of the pension fund worker shall mean the amount in which the pension fund's assets and other comparable commitments and guarantees exceed the amount of the pension fund's claim; Liabilities resulting from insurance activities and other comparable undertakings, as provided for in paragraphs 2 to 7, and under Article 7 (7). The calculation of the liability does not take into account the supplementary insurance liability referred to in Article 79 (2) and the countervailing rate referred to in paragraph 3 of that Article.
The capital adequacy capital shall comprise the following items:
(1) the guarantee principal or the fund of the fund;
2. Reserves and other equity funds;
(3) own capital accumulated in the accounting year and in the preceding financial years;
(4) voluntary provisions as referred to in Section 15 of Chapter 5 of the Accounting Act;
(5) supplementary insurance liability;
(6) the positive difference between the fair value and the accounting values of the assets in so far as it cannot be considered exceptional in nature;
(7) the amount of equalisation;
(8) an additional payment obligation of up to 4 % of the remuneration of the pension fund, provided that the item meets the requirements set out in Article 83u;
(9) on the application of the pension fund and with the agreement of the financial supervision, other items equivalent to those mentioned in paragraphs 1 to 8.
In the case of a pension fund consisting of both statutory pension cover and supplementary supplementary supplementary pension cover, the items in subparagraphs 1 to 4, 6 and 8 may be included in the solvency capital in so far as they are statutory The Department of Pension Protection or the property of that department.
The capital adequacy capital shall be reduced:
(1) the loss of the financial year and the preceding financial years;
(2) a positive difference between the book values and the fair value of the assets;
(3) all items in the balance sheet that are not included in the balance sheet, the performance of which must be considered likely.
In the case of a pension fund where both statutory pension cover and supplementary supplementary supplementary pension cover are organised, the items listed in paragraph 4 shall be deducted from the capital adequacy capital in so far as they are statutory To the pension insurance department or to the obligations of that department.
The Decree of the Ministry of Social Affairs and Health may provide that the bonds and other monetary and capital instruments referred to in paragraph 2 (6) and (4) (2) may be valued at the solvency capital of the pension fund. From their fair value aberrant.
Financial supervision may provide more detailed provisions on the items to be read and deducted from the capital adequacy capital.
The solvency limit for an activity in accordance with the pension scheme of the pension fund shall be determined on a risk-theoretical basis in order to reflect the solvency capital requirement of one year, taking into account the risks of the insurance business and investment. The calculation of the solvency limit is further specified in the Act on the calculation of the solvency limit of the pension institution and the devolution of investments (315/2015) . (20 MARCH 2015)
L to 23/2015 Paragraph 1 shall enter into force on 1 January 2017. The previous wording reads:
The solvency limit for an activity in accordance with the pension scheme of the pension fund shall be determined in a risk-theoretical way, in line with the risk capital requirement of one year, taking into account the risks of the insurance business and the distribution of investments. Property species. The calculation of the solvency limit is further specified in the Act on the calculation of the solvency limit of the pension institution and the coverage of the liability debt.
The Minimum Capital Requirement is one third of the solvency limit.
The pension fund shall transfer the annual performance of the investment activity to the supplementary insurance liability referred to in Article 79 (2). In addition, an additional premium may be transferred to the pension fund in accordance with Section 8a of the 'Additional bonus' section. After the performance of the investment activity and the transfer of the overcover, additional insurance liability may be borne or unloaded as provided for in paragraphs 2 to 7 of this Section. In addition, the pension fund may take out additional insurance liability as a return for solvency capital as provided for in Article 83a (3).
The maximum amount of the solvency capital of the pension fund is three times the amount of the solvency threshold, but at least 50 % of the liability debt minus the additional insurance liability, the amount of the countervailing and the items in respect of which Article 139 (2) of the entrepreneur's pension law The article does not take account of the liability for insurance. Additional insurance liabilities may be borne by contributions up to a maximum level of solvency capital. (20 MARCH 2015)
L to 23/2015 (2) shall enter into force on 1 January 2017. The previous wording reads:
Additional insurance liabilities may be increased by contributions from premiums to four times the solvency limit ( Maximum capital adequacy capital ) Up.
Additional insurance liability may be reduced in order to reduce premiums in such a way that the solvency capital is at least 1,3-fold higher than the solvency limit after the dismantling. (20 MARCH 2015)
L to 23/2015 (3) will enter into force on 1 January 2017. The previous wording reads:
Additional insurance liability may be reduced in order to reduce premiums in such a way that the solvency capital is at least 1,4-fold higher than the solvency limit after the dismantling.
Pension funds with a solvency capital of not more than 1,3-fold since the application of paragraphs 1 and 3 and at least equal to the solvency threshold, the additional insurance liability may be reduced to a corresponding reduction in premiums To the extent that occupational pension insurance companies may, pursuant to Article 169 of the Pensions Act, provide discounts on insurance premiums on the basis of their investment activity. The landing criteria are included in the criteria for calculating the liability under Article 166 of that Act. (20 MARCH 2015)
L to 23/2015 Entered into force on 1 January 2017. The previous wording reads:
Pension funds with a solvency capital of up to 1,4 times the amount of the solvency limit after the application of paragraphs 1 and 3 and at least equal to the solvency threshold, the additional insurance liability may be reduced to a corresponding reduction in premiums To the extent that occupational pension insurance companies may, pursuant to Article 169 of the Pensions Act, provide discounts on insurance premiums on the basis of their investment activity. The landing criteria are included in the criteria for calculating the liability under Article 166 of that Act.
A pension fund with a solvency capital lower than the solvency limit shall not be allowed to reduce the amount of additional insurance premiums. Where there is no other way of confirming the solvency, insurance premiums shall be chargeable. However, where the solvency capital falls below the solvency threshold following the transfer of the investment losses under paragraph 1, additional insurance liabilities shall be chargeable to the solvency limit.
In the case of a pension fund with a solvency capital greater than the maximum level of solvency capital for the second consecutive year, the additional insurance liability shall, from the year of the term, be reduced to an annual amount of one-third of the reduction in premiums. The amount in which the solvency capital of the pension fund exceeds its ceiling. Where the overrun of the solvency capital ceiling can be considered to be of a permanent nature, the pension fund shall organise itself in such a way as to reduce the amount of the solvency capital to a lower limit.
For the purposes of this Article, the capital adequacy capital shall be deducted from the capital contribution referred to in Article 83b (2) (8).
The government of the pension fund shall, as part of an investment plan, establish a risk management plan for the use of insurance premiums for a period of five years. In the event of a deterioration in solvency, the need for an increase in premiums must not become so large that it would jeopardise the shareholder's ability to pay. The plan must be submitted to the Financial Supervisory Board. The pension fund shall draw up a new plan if the financial supervision considers that the risk management plan cannot be implemented. The government of the pension fund shall apply the plan to set the annual premium level.
A pension fund with a solvency capital less than the solvency limit shall immediately submit to the financial supervision a plan for the recovery of the financial position of the pension fund. The health plan shall demonstrate that the solvency capital of the pension fund exceeds the premiums or otherwise for a period of one year or, for specific reasons, with the authorisation of the financial supervision, within two years of the solvency limit.
A pension fund with a capital adequacy capital less than the Minimum Capital Requirement shall immediately submit to the financial supervision a short-term financing plan for approval. The financing plan shall demonstrate that the solvency capital of the pension fund exceeds the premium or otherwise within three months of the Minimum Capital Requirement. If the measures provided for in the financing plan have not been implemented within the time limit, the financial supervision may be extended by a maximum of three months for reasons of particular pressure.
Financial supervision shall, where appropriate, provide more detailed provisions for the preparation and transmission of the plans referred to in paragraphs 1 to 3.
The insurance fund referred to in Article 83 (1) of this Law and the Government of the pension fund carrying out the statutory pension insurance scheme shall draw up a plan for the investment of the fund ( Investment plan ). The Insurance Supervisory Authority will provide more detailed provisions on the investment plan. (8.12.2006/1115)
For additional pension activities, the pension fund investment plan shall include a statement of the principles of investment policy. The report shall be reviewed without delay after all major investment policy changes and at least every three years. The report on the principles of investment policy shall include a description of the methods of measurement and management of the investment risks used and the strategy in respect of which the fund has allocated the funds it has invested, taking into account the nature of the liability and the Duration. (19/0392)
The margin of liability of the insurance fund shall be listed as specified by the Insurance Supervisory Board.
The other Member States of the Organisation for Economic Cooperation and Development (OECD) shall be treated as a State belonging to the European Economic Area:
(1) for the purposes of Article 83h (1) (1);
(2) Article 83h (1) (2) and (3), Article 83 (1) to (3) and Article 83j (1) (1) (1) (1) and (2).
(19/0392)As a result of the equivalence of paragraph 1 (2), a total of up to 10 % of the gross liability amount can be read in the ceiling.
The total amount of gross liability shall be covered by:
(1) debt certificates in which the debtor or guarantor is the EEA State, the Province of Åland or an international entity of which at least one of its members is an EEA State;
(2) debt certificates in which the debtor or guarantor is a municipality, an association of municipalities, a parish entity or any other regional public body with which the members are located in the EEA State; Tax collection law;
(3) debt certificates in which the debtor or guarantor is a Deposit Bank or an insurance company or other entity licensed in the EEA State, or any other entity of which the Insurance Supervisory Agency equates to the deposit bank referred to above; Or insurance company;
(4) fund shares in investment funds which, according to their rules, invest their assets in the categories of assets referred to in this Article and have established a management company that has been authorised in the EEA State, which has its registered office; The EEA State;
(5) shares in other investment funds in the same EEA State, in the case of collective investment undertakings which are subject to public oversight in the EEA State and which, according to their rules, place their assets within the meaning of this Article Assets; and
(6) debt certificates secured by debt certificates or fund shares referred to in paragraphs 1 to 5.
The Insurance Supervisory Authority shall provide more detailed provisions for the reading of the fund shares referred to in Article 1 (1) (4) and (5).
Not more than 50 % of the assets and commitments covered by the gross liability debt shall be:
(1) debt obligations under which a credit institution authorised in the EEA State has been authorised or guaranteed by a credit institution authorised in the EEA State other than the deposit bank referred to in Article 83h (1) (3) or any other entity assimilated to it under the same paragraph;
(2) debt certificates in which the debtor is a entity domiciled in the EEA State and whose shares or shares are traded on a regulated market in the EEA State;
(3) debt certificates which are traded on a regulated market in the EEA State and where the debtor is an entity other than that referred to in paragraphs 1 or 2 or Article 83 h (1) (1) to (3); and
(4) debt certificates secured by debt certificates as referred to in paragraphs 1 to 3.
Not more than 50 % of the assets and commitments covered by the gross liability debt shall be:
(1) shares and units in entities domiciled in the EEA State and whose shares or shares are traded on a regulated market in the EEA State, with the exception of shares and units in real estate entities;
(2) commitments issued by the entities referred to in paragraph 1 which are subordinated to other Community commitments;
(3) fund shares in investment funds which, according to their rules, invest in the assets referred to in Article 83 (h) or 83 (i) or in this Article and have established a public oversight management company licensed in the EEA State, Is domiciled in the EEA State;
(4) fund shares in other investment funds in the same EEA State, in the case of collective investment undertakings which are subject to public oversight in the EEA State and which, according to their rules, place their assets under Article 83 (h) or 83 (i) The assets referred to in Article; and
(5) debt certificates secured by shares, units, commitments or fund shares referred to in paragraphs 1 to 4.
The Insurance Supervisory Authority shall provide more detailed provisions for the reading of the fund shares referred to in Article 1 (3) and (4) to the margin of gross liability.
Not more than 40 % of the assets and commitments covered by the gross amount of the exposure shall be:
1) buildings and buildings in the EEA State;
(2) rights relating to immovable property or hydropower in the EEA State within the meaning of Article 83 (5) (5) of the insurance fund;
(3) shares and units in real estate entities domiciled in the EEA State; and
4) debt certificates and construction assets from real estate entities in accordance with paragraph 3, where the insurance fund has control.
Together with the types of assets referred to in paragraph 1, a total of up to 70 % of the gross amount of the exposure amount shall be covered by debt instruments for which the mortgage is valid for the purposes of Article 1 (1) or (2). The asset or the shares or units referred to in paragraph 1 (3).
A maximum of 25 % of the gross liability debt may be covered by funds and commitments placed in one location where the question is an investment:
(1) debt obligations in which the debtor or guarantor is a public entity within the meaning of Article 83h (1) (2) or a credit institution within the meaning of Article 83 (1); or
(2) the investment fund referred to in Article 83h (1) (4) or (5) or Article 83j (1) (1) (3) or (4).
Debt certificates as referred to in paragraph 1 (1) shall be equivalent to the debt-certificates collateralised by such debt certificates.
Where the shares or other equity of the entity referred to in paragraph 1 are quoted on a regulated market, the maximum limit for the application of the maximum limit shall be the aggregation of the Community's shares and other equity and commitments which are subordinated to other Community commitments.
A maximum of 15 % of the gross amount of the exposure amount may be covered by means of funds and commitments placed in one location where the question is an investment:
(1) the property, building, court or property community referred to in Article 83k (1) (1) to (3);
(2) debt obligations for which the guarantee is valid for one of the items referred to in paragraph 1 or for which shares and shares in the same real estate entity are collater; or
(3) debt-and-construction claims on a real estate entity within the meaning of Article 83k (1) (3), where the insurance fund has control.
If the property, the building, the object of the right referred to in paragraph 1 (1), or the object of the mortgage fixed as collateral of the debt instrument are one and the same or are located so close together, they may be considered as a single investment, all The investments referred to in paragraph 1 relating to this item shall be calculated for the purposes of the maximum limit laid down in that paragraph.
A maximum of 5 % of the gross liability debt may be covered by funds and commitments placed in one of the same Community shares and units referred to in paragraphs 1 and 2 of Article 83j (1), as well as for commitments which: Is subordinated to other Community commitments.
Together with the types of assets referred to in paragraph 1, a total of up to 10 % of the gross amount of the exposure amount shall be:
(1) debt obligations of the same entity which are not secured or secured by the assets referred to in paragraph 1; and
(2) debt certificates issued by other debtors which are collaterised in accordance with paragraph 1 or the same Community funds referred to in paragraph 1.
In addition, in addition to the provisions laid down in paragraphs 1 and 2, the total amount of the funds covered shall not exceed 10 % of the debt obligations referred to in Article 83i (3) of the same Community.
The assets covered by the gross liability amount may be invested in assets within the meaning of Article 83 h-83k, the value of which is mainly based on the activities of the shareholder in the insurance fund, up to 25 % of the gross amount. However, in the case of a single functional entity, a maximum of 15 % of the gross liability debt may be invested.
The Insurance Supervisory Authority may, for specific reasons, grant derogations from the provisions of paragraph 1.
For the purposes of the maximum limits laid down in Articles 83 (i), 83 (1), 83 (1), 83 (83) and 83 (o), investments which affect or relate to the rest of the Community belonging to the same group shall also be added.
Not more than 20 % of the assets covered by the gross liability amount shall be denominated in a currency other than the euro or those which are not fully protected against exchange rate changes. For the supplementary pension scheme of the pension fund, up to 30 % of the assets covered by the gross liability amount may be denominated in a currency other than the euro or those which are not fully protected against changes in the exchange rates.
The Insurance Supervisory Authority may, upon application of the insurance fund, suspend the maximum limit laid down in Article 83 i-83 n.
Where a voluntary supplementary pension fund ensures a biometric risk, the return on investment or the level of benefits, the pension fund shall, in addition to the technical provisions, have sufficient own funds to enable it to: To comply with the requirement for a minimum number of classes of insurance in accordance with Articles 83 to 83 y ( Minimum own resources ).
Own resources shall be in accordance with the risk type and the structure of the assets for all supplementary pension schemes. Funds shall not be committed to anticipated liabilities.
The own funds referred to in paragraph 1 shall consist of the following items:
1) demersal fund and guarantee capital;
2) equity funds committed and free of charge;
(3) own capital accumulated in the accounting year and in the preceding financial years;
4. The depreciation difference on the balance sheet pursuant to Article 12 (1) of the Accounting Act and the optional provisions referred to in Article 15 of that Chapter; and
(5) a positive difference between the fair value and the accounting values of the balance sheet assets in so far as it cannot be considered exceptional in nature.
The following items shall be deducted from the own funds referred to in paragraph 1 of the pension fund:
(1) the loss of the financial year and the preceding financial years;
(2) a positive difference between the book values and the fair value of the assets;
(3) the purchase of intangible assets for the purpose of the profit and loss account;
(4) all items which are deemed to be unmarked in the balance sheet, the performance of which must be considered likely; and
(5) the maximum possible loss to the pension fund for derivative contracts.
Financial supervision may, for a specific reason, prohibit the pension fund from reading the amount referred to in paragraph 3 (5), in part or in full, of the funds referred to in paragraph 1 of the register.
Financial supervision may provide more detailed provisions:
1) items to be read and deducted from own funds; and
2) the establishment and timing of calculations of the fulfilment of the own resources requirements.
L to 307/2015 Article 83 s shall enter into force on 1 January 2016. The previous wording reads:
Where a voluntary supplementary pension fund ensures a biometric risk, the return on investment or the level of benefits, the pension fund shall, in addition to the technical provisions, have sufficient own funds as a backup capital.
Own resources shall be in accordance with the risk type and the structure of the assets for all supplementary pension schemes. Funds shall not be committed to anticipated liabilities.
For the purposes of calculating the minimum amount of own funds referred to in this Article, the insurance company law (521/2008) in Chapter 11 , Article 2 (3) to (6), Article 5 (1), (2), (5) and (7) to (9), Article 6, Article 12 (1) and Articles 13, 14 and 16 provide for the calculation of the capital of the life insurance company and the minimum operating capital. The pension fund's own funds are also included in the basis of the underlying assets and the guarantee capital.
The reinsurance of the pension fund shall be fully taken into account in the calculation of own funds as a factor in the calculation of the own funds referred to in this Article.
Financial supervision may provide more detailed provisions:
(1) items to be read and deducted from own funds;
2) the establishment and timing of calculations of the fulfilment of the own resources requirements.
If the pension fund guarantees the level of biometric risk referred to in Article 83 s, the level of return on investment and the level of benefits, Article 83a (1) and Article 76 shall not apply to the supplementary pension scheme.
In order to be able to read a tranche of additional payment obligations under Article 83b (2) (8), the pension fund shall describe in the risk management plan under Article 83 (e) a set of objectives, the effects of which are: The pension fund's investment plan, solvency, investment distribution and income expectations, and in which case solvency is reduced by insurance premiums or reductions in premiums. The members of the pension fund shall have access to information on the use of the lot in the solvency capital.
The instalment based on the additional payment obligation shall be measured in the light of the feasible objective set for it. The pension fund shall follow the implementation of the set of targets set in the risk management plan. The pension fund shall not be able to read the said item in the solvency capital if the pension fund's activity does not correspond to the risk management plan.
The pension fund, based on the capital contribution, shall monitor the ratio of its solvency ratio to the average level of solvency of the occupational pension scheme. If the solvency ratio of the pension fund in relation to the average level of solvency of the occupational pension scheme is reduced in such a way that the deviation significantly increases the risks of the pension fund, the pension fund should limit the use of supplementary insurance To reduce or strengthen the capital adequacy capital by additional payments.
The amount of the solvency capital of the pension fund corresponding to the solvency limit shall consist of a category other than that mentioned in paragraph 1. For a period of 2 years, financial supervision may allow the above item to be read in the context of the calculation of the solvency limit of the pension institution and in the context of Article 28 of the Decentralisation Act, even if the capital adequacy capital is: Smaller than the crd. (20 MARCH 2015)
L to 23/2015 Entered into force on 1 January 2017. The previous wording reads:
The amount of the solvency capital of the pension fund corresponding to the solvency limit shall consist of a category other than that mentioned in paragraph 1. For a period of 2 years, the financial supervision may allow the above item to be read in the context of the calculation of the solvency limit of the pension institution and in the situation referred to in Article 23 of the law on the liability of the pension institution, even if the capital adequacy capital is Smaller than the crd.
Excluding the Insurance Classes Act (526/2008) In the case of insurance referred to in paragraph 2, for life insurance category 1 and 2, the percentage of the own funds referred to in Article 83 (s) is calculated by adding together this Article 2 and 3. Of the Regulation.
At the end of the last financial year, the sum of 4 % of the total amount of the liability for insurance payout and the amount of the pension compensation started shall be calculated and the result obtained shall be multipled by the ratio referred to in Article 83 x.
At the end of the last financial year, insurance with a risk of a higher risk shall be calculated at a rate of 0,3 %. However, the rate of death in the case of death row for three years is equal to 0,1 % and, if the insurance is more than three years, but not more than five years, the figure is 0,15 %. The result shall be multiplized by the ratio referred to in Article 83 x.
L to 307/2015 Article 83 (v) will enter into force on 1 January 2016.
In the case of life insurance category 3, as referred to in the Insurance Classes Act, the percentage of own funds referred to in Article 83 (s) is obtained by aggregating the amounts under paragraphs 2 to 5 of this Article.
If the pension fund in accordance with Article 83 (s) is responsible for the investment risk, the sum of 4 % shall be calculated at the end of the last financial year at the end of the last financial year, and the result shall be multipled by 83 The ratio referred to in Article x.
If the pension fund in accordance with Article 83 (s) does not correspond to the investment risk and the pension fund does not have the right to change the payload intended to cover administrative expenses within five years, the liability for insurance premiums and the start At the end of the last financial year, the amount of the pension compensation shall be reduced by 1 %, and the result obtained shall be multipled by the ratio referred to in Article 83 x.
At the end of the last financial year, the sum of 0,3 % of the risk shall be calculated at the end of the last financial year, and the result obtained shall be multipled by the ratio referred to in Article 83 x.
If the pension fund in accordance with Article 83 (s) does not correspond to the investment risk and the pension fund has the right to change the payload intended to cover administrative expenses within five years, the administrative costs of the last financial year Shall be calculated by 25 %.
L to 307/2015 Article 83w enters into force on 1 January 2016.
The ratio referred to in Articles 83 (2) (2) and 83 w (2) and (3) shall be borne by the sum of the sum of the liability for insurance in the last financial year under the responsibility of the insurance group in question and the sum of the claims for reimbursement of the pensions which have started. An equivalent amount before a reduction in the proportion of reinsurers. The ratio shall not be less than 0,85.
The ratio referred to in Articles 83 (v) (3) and 83 w (4) shall be obtained by comparing the last financial year of the insurance group concerned with the risk capital corresponding to the risk in question in the last financial year in question. A reduction in the proportion of reinsurers. The ratio shall not be less than 0,5.
Where the nature or quality of reinsurance contracts has changed significantly from the last financial year, or reinsurance contracts do not involve actual risk transfer, or is limited, the financial supervision may require that the pension fund The minimum amount of funds when calculating the higher ratios than those obtained under paragraphs 1 and 2.
L to 307/2015 Article 83 x shall enter into force on 1 January 2016.
In the case of non-life insurance categories 1 and 2, the percentage of own funds referred to in Article 83 (s) of the Insurance Classes shall be the highest of the results of the calculations referred to in paragraphs 2 to 5.
Insurance categories 1 and 2 of the Insurance Classification of Insurance Classes 1 and 2 of the last financial year of the pension fund shall be added together with 18 % of the initial amount of eur 50 000 000 and 16 % respectively. Of more than one part.
If the insurance premiums for insurance categories 1 and 2, as referred to in the Act on the Insurance Classes of the last financial year of the pension fund, are higher than the premiums written, the calculation according to paragraph 2 shall be made using the insurance premium instead of: An insurance contribution.
The average liability insurance category 1 and 2 for the last three financial years of the pension insurance category are added together with 26 % of the first eur 37 200 000 and 23 Per cent of its overhead.
Where the minimum amount of own funds determined in accordance with paragraphs 2 to 4 referred to in paragraph 1 shall be less than the minimum own resources of the previous year, the minimum amount of own funds shall be the minimum amount of own funds of the previous year. Multiplied by the ratio of the liability of insurance classes 1 and 2 falling under the liability categories of insurance categories 1 and 2 falling under the law of the end of the financial year, The liability. However, this ratio shall not exceed 1.
The Regulation of the Ministry of Social Affairs and Health may amend the amounts provided for in this section in the light of the changes in the European Index of Consumer Prices published by the Statistical Office of the European Communities. The adjusted euro amount shall be rounded up to the nearest EUR 100 000.
L to 307/2015 The addition of Article 83y enters into force on 1 January 2016.
Where the amount of own funds referred to in Article 83 (2) and (3) of the Pension Fund is less than the minimum own funds referred to in Article 83 s (1), the pension fund shall, without delay, submit to the financial supervision the financial position A restructuring plan. The health plan shall show how, within one year of the pension fund, the minimum amount of own funds is fulfilled.
L to 307/2015 Article 83z enters into force on 1 January 2016.
In the case of an insurance fund, the applicant may request prior approval of any information which may be relevant to the assessment of the liability of the fund. The intention must be to give the right and complete answers to the questions of the fund.
In the event of a failure to comply with the obligation to provide information provided for in paragraph 1, the fund shall, in respect of the event of an insurance transaction, be free of liability if this provision has been taken into account in the statutes.
The provisions of paragraph 2 shall also apply if the period of time is intentional or negligent, which cannot be regarded as minor, failed to fulfil its obligation to provide information and would not have taken him as a member if the right and Full answers would have been given.
Paragraphs 2 and 3 shall not apply if it leads to obvious excesses from a member or other insured person.
The pension fund shall, at reasonable intervals, bring to the members of the cashier entitled to the benefit of supplementary pension rights and to any person entitled to a free book, and, where appropriate, to their representatives, the rules of the pension fund in force, showing their additional interests The extent, conditions and options for obtaining additional benefits and, within a reasonable period, relevant information on changes to the rules of the pension system.
The pension fund shall provide the members and the persons who received the free book a yearly report on their financial situation with regard to the supplementary pension activity.
Each pensioner shall receive, in the event of retirement or other benefits, details of the pension and other benefits to which he is entitled. In addition, each pensioner and, where appropriate, his representative, shall be informed within a reasonable period of time of material changes to the rules of the pension system.
Members of a pension fund, persons receiving a free book and pensioners and, where appropriate, their representatives, shall be required to:
(1) the annual accounts and the annual report and, if the supplementary pension fund is responsible for more than one supplementary pension scheme, the annual accounts and the annual report of each supplementary pension scheme; and
2) an inventory of investment policy principles.
Members of a pension fund and free-book persons shall receive detailed information on request:
1) the target level for pension benefits;
(2) the level of benefits at the end of membership; and
(3) rules concerning the transfer of pension rights to a pension institution in the event of termination of the employment relationship.
Members who are subject to movement shall receive, upon request, details of the amount of the supplementary pension benefit, the transfer of benefits and their rights in the event of transfer.
If, after the accident, the applicant has fraudulently given false or incomplete information to the insurer which is relevant to the benefit or the amount of the benefit under the rules of the cashier, a benefit may be refused Or reduced in accordance with the circumstances of the circumstances.
The insurance fund is free from liability for any insured person or other beneficiary who has intentionally caused the event.
If the insured person or other beneficiary has caused gross negligence on the part of the insured person, the benefit may be refused or reduced or the benefit of the benefit already granted shall be suspended, depending on the circumstances of the case; Reasonable.
Paragraph 2 shall also apply where the insured person or other beneficiary has deliberately obstructed his recovery or the absence of an acceptable reason for his or her medical examination or treatment, serious health , except in the case of a measure causing damage, where this provision has been taken into account in the rules of the fund.
The insurance fund shall not, in order to be free or in order to limit it, invoke the provision of Article 86 (1) if the insured person or other beneficiary was at such an age or state of mind that he could not have been convicted of a criminal offence or if: The insured person or other beneficiary had acted in order to prevent damage to the person or property in such circumstances that the measure was defensible.
The application must be submitted in writing. The applicant shall provide the insurance fund with the documents and information necessary for the assessment of the liability of the cashier and may reasonably be required, having regard also to the possibility of obtaining an account of the cashier.
A benefit other than a pension under threat of loss of entitlement shall apply within six months of the date on which the entitlement to the service has been incurred, unless the rules of the insurance fund provide for a longer period. However, in spite of the delay, the benefit may be granted either in full or in part, if its refusal is to be considered unfair.
The pension shall not be carried out retrospectively for a period longer than the year before the application for a pension.
The insurance fund has the right to pay a lump sum for old age or survivors' pensions, or a disability pension based on a free book, which is less than eur 10 per month. The settlement shall be calculated in accordance with the provisions of the Insurance Supervisory Authority, unless otherwise provided for by law.
The additional benefit should be paid to members of cashier or other insured persons covered by the supplementary system, or to another country within the European Economic Area under the same conditions as in Finland.
Supplementary benefits may also be paid outside the European Economic Area, unless otherwise provided in the statutes of the Fund.
In the event of a delay in the pension or daily allowance, the insurance fund is required to pay the delay in the event of delay. The rate of increase per year is Article 4 of the Corinth Act The interest rate referred to in paragraph 3 and shall be calculated from each day of the delay. The delay shall be deemed to begin when three calendar months have elapsed since the end of the month in which the insured person has submitted his/her application and the documents and particulars referred to in Article 88. However, on the basis of the same decision, the subsequent increase shall be calculated from the due date. (3.3.1995/320)
If the benefit referred to in paragraph 1 may not have been paid in the right time due to the beneficiary, the cashier shall not be obliged to pay the benefit over a longer period than the date on which the obstacle to the register has ceased. If a benefit is delayed due to a provision of the law, or in the event of interruption of public transport or of payment traffic or any other force majeure such as that, the cashier shall not be obliged to pay the benefit in the case of such an obstacle. From the source of the delay. An increase of a benefit of less than three euros shall not be paid. (30.12.1998/1209)
Payment of benefits other than those referred to in paragraph 1 shall apply to the (263/82) Provisions.
The Ministry of Social Affairs and Health may issue provisions on the application of this Article.
If the insured person or other beneficiary has received more benefit than he has been entitled to, the benefit shall be recovered.
A benefit which has been wrongly paid may be partially or fully withdrawn if it is considered reasonable and the payment of benefit is not deemed to have been caused by the fraudulent conduct of the insured person or the beneficiary or his representative, or if: The amount to be recovered is limited.
The benefit unduly paid may also be recovered by offsetting its benefits in the future. However, the benefit of the beneficiary shall not, however, be reduced more than one sixth of the part of the benefit which is left after the benefit is subject to prior authorisation. (1118/1996) Or to a limited extent under the law on the taxation of income and wealth of taxable persons (627/1978) Is a withholding tax. (5.4.2002/250)
Where membership has ceased to exist in the register, the member shall have no part in the funds of the cashier unless otherwise specified in the rules.
However, without prejudice to paragraph 1, if membership ends before the event of an insurance transaction, the difference shall be given to a divorced member at least as a proportion of his/her own contributions. This proportion of the liability of insurance may be transferred to the insurance company or to the other insurance fund. If the buy-back value of the free book is less than EUR 4 800, it shall be made to a divorced member. Where the repurchase value of a free book is less than one fifth of the amount mentioned above, it may be made available in cash without an application if the rules have been adopted. (30.12.1998/1209)
In accordance with Article 90, Article 91 (2) and Article 93 (2), the amounts of the amounts provided for in Article 90 (2) shall be adjusted each calendar year on the basis of changes in the country's general wage level, depending on the salary index, which shall be fixed annually by the For the purposes of Section 9 of the Pensions Act. The adjusted euro amount shall be rounded to the nearest ten cent.
The provisions of this Chapter shall not apply to benefits under the Health Insurance Act, the Pensions Act, the Pensions Act and the Rehabilitation Mate.
The supervision of the insurance funds belongs to the Financial Supervisory Board. The reference in this law to the Insurance Supervisory Board refers to the reference to financial supervision.
The insurance fund shall, within one month of the meeting in which the annual accounts and the activity report have been confirmed, or at a later date as determined by the financial supervision, submit to the Financial Supervisory Authority a financial statement, an activity report, Opinion of the auditors and the statistical report on its activities in accordance with the established formula. Financial supervision other information is provided for in the Law on Financial Supervision (878/2008) .
The insurance fund shall provide the Ministry of Social Affairs and Health, within a reasonable period of time, of the information necessary for the performance of the tasks set out in this law by the Ministry.
Articles 98 to 100 have been repealed by L 19.12.2008. .
When the Insurance Supervisory Authority finds that the insurance fund has been or is going into a condition that the cashier has to be demolished, the Insurance Supervisory Authority may prohibit the cash from giving up or deposit the assets of the fund.
The Insurance Supervisory Authority may prohibit the use of funds from the depositaries or depositaries referred to in Article 9a in the situations referred to in paragraph 1.
The register of insurance funds in the Ministry of Social Affairs and Health shall record declarations on insurance funds, as well as the decisions and communications of the authorities as provided for in this Act.
Notifications shall be made to the Ministry in a manner that is determined by the Ministry.
The entries in the register and the relevant documents shall each be entitled to information.
Establishment of an insurance fund for the purpose of marking the register of insurance funds ( Notice of withdrawal ), which shall include:
(1) the name and name of the register;
(2) the municipality of Finland as the home of the register;
(3) the postal address of the register;
(4) the register of operations;
(5) the amount of the guarantee capital or the minimum amount and the nominal amount of the guarantee units, if the provisions of the register are in accordance with those provisions;
(6) benefits granted by the register;
(7) the date on which the rules of the register have been established;
(8) how to receive an invitation to the assembly and other communications;
(9) the full name and domicile of the Chairman of the Board of Directors, the Vice-Chair, each other member and alternate member and of the Executive Director;
(10) if the cash register has the full name and address of the Administrative Board, its President and each member and alternate member; and
(11) the rules governing the registration of the name of the register and the full names and places of residence of persons entitled to write the name of the register.
The declaration referred to in this Article shall be signed by each member of the Government.
The registration of the insurance fund in the register shall be notified to the register by the Ministry of Social Affairs and Health.
Financial supervision shall without delay inform the European Insurance and Occupational Pensions Authority of the supplementary pension fund activity. The notification shall also include the EEA States where the pension fund carries out additional pension activities. (9.12.2011/1250)
If there is a change in the state of the case where the register of insurance has been entered in the register, a notification shall be made without delay ( Declaration of change ). The notification shall be signed by at least one member of the Board of Directors or the Executive Director.
Amendment to the rules of the financial supervision insurance fund, Article 28 (3) of the Financial Control Act and Article 26 (8) and Article 29 of the Law on Financial Supervision and Article 101 of this Act shall be entered in the register Without notice. (19/12/2015)
Where the creditors of an insurance fund registered in the insurance register have been given a public challenge, or where their assets have been declared bankrupt or have been ordered to declare bankruptcy, or when the court has decided on the cassan In order to avoid bankruptcy, or when the decision to declare bankruptcy has been revoked, the Court must, without delay, submit it to the Ministry of Social Affairs and Health in the register.
If the declaration made in the insurance register is incomplete or if the Ministry of Social Affairs and Health finds that another obstacle is registered, the notifier shall be given an opportunity to make an opinion or to supplement the declaration, or For correction. If, within a reasonable period of time, the notifier takes advantage of such an opportunity, the Ministry shall ask him in writing to take the necessary action within two months of sending the request to the effect that otherwise it will lapse.
Where there is an obstacle to the registration, even after the opinion referred to in the request has been issued, the registration shall be refused. The Ministry can, however, give a new request if there is reason to do so.
Where it has been established by a court of law that the registered decision is invalid or otherwise the information entered in the register of insurance is not correct, the Ministry of Social Affairs and Health must be removed from the register. The court or tribunal shall send to the Ministry a copy of the legal force in the cases referred to in this case.
More detailed provisions on the register of insurance and, if necessary, provided by the Ministry of Social Affairs and Health.
The liquidation of the insurance fund shall be decided by the cashier, unless otherwise provided for in this Act.
The insurance fund shall be liquidated and liquidated:
(1) unless the number of members of the register at the end of the last two calendar years has complied with the minimum number laid down in Article 6 or laid down in the rules of the register, and it cannot be considered likely that the number of members, mainly during the next four months, Shall rise to this amount;
(2) where the accounts show a deficit or where the potential guarantee capital or the base fund is less than the amount laid down in the fund's rules, and the deficit has not been covered or the guarantee capital or the base fund has been completed in the following two financial years, or If it becomes apparent that the pension fund does not fulfil the requirements of Chapter 3 of the law on supplementary pension schemes in respect of a supplementary pension scheme for a supplementary pension scheme; (27.3.2009/175)
(3) if the rules are to be dismantled; or (30.12.1997/1322)
(4) where the pension fund has not implemented a restructuring plan or a short-term financial plan within the meaning of Article 83e (2) or (3) within the prescribed period. (30.12.1997/1322)
The Ministry of Social Affairs and Health may extend the period referred to in paragraph 1, paragraph 1, for a maximum period of one year, unless the insured interests are thereby jeopardised.
The assembly may, in addition to the provisions of paragraph 1, decide on the setting up and liquidation of the cashier. However, in the case of a pension fund, the decision referred to in this case may be carried out only if the register has given up its full responsibility to the other pension fund, the pension fund or the insurance company. In this case, the amount of countervailable liability should not be included in liability under the pension law of the employees. (6.6.2003/420)
The provisions of this Chapter shall also apply where the financial supervision has been imposed by the financial supervision pursuant to Article 26 of the Law on Financial Supervision. (19/12/2015)
The decision of the assembly to set up an insurance fund and its liquidation shall be taken in accordance with Article 51, if the register has to be landed under Article 111 (1). Otherwise, the decision shall be valid only if it has been supported by those who have at least two-thirds or more of the votes provided for in the vote.
The liquidation shall begin once the decision has been taken. However, in the case referred to in Article 111 (3), the assembly may order the commenting of the liquidation period for another subsequent day.
If the assembly does not take a decision on the setting up of the register in the case referred to in Article 111 (1), the Board of Directors shall apply for a decision from the Ministry of Social Affairs and Health. The application may also be made by a member of the Board of Directors, the Executive Director or an auditor.
If the members of the Board of Directors or the Executive Director fail to fulfil their obligations under paragraph 3, they shall be obliged to replace the damage caused to the cashier.
Financial supervision shall immediately inform the European Insurance and Occupational Pensions Authority of its decision ordering the liquidation and dismantling of the pension fund carrying out additional pension activities.
At the same time as the cashier meeting takes a decision on the liquidation, at the same time at least one liquidator shall be elected to replace the Board of Directors, the Management Board and the Executive Director. The Ministry of Social Affairs and Health also has the right to appoint one liquidator. If the insurance fund in liquidation does not have eligible liquidators registered in the register, the Ministry shall appoint a temporary liquidator either on his own initiative or on his or her, member, or other, member, creditor or other An application by a person whose right may depend on the fact that the cashier has someone who can represent it. The interim liquidator shall, without delay, invite the cashier to submit the election of the liquidator. The role of the temporary liquidator shall cease when the cashier's meeting has been selected by the liquidators.
At the same time, when the Ministry determines the liquidation and dismantling of the cashier, at the same time at least one liquidator shall be required.
The provisions of this Act concerning the Government, the Board of Directors and the Executive Director shall apply mutatis mutandis to the liquidator and the temporary liquidator, subject to the provisions of this Chapter.
The duties of auditors shall not cease to be settled in the event of liquidation. Chapter 5, which provides for an audit and a special audit, shall apply mutatis mutandis during the liquidation period. In addition, the audit report shall contain a statement as to whether, in the opinion of the auditors, the liquidation is unnecessarily prolonged.
The cashier of an insurance fund in liquidation shall apply the provisions of this law on the assembly of this law, subject to the provisions of this Chapter.
When the insurance fund has been liquidated, the liquidator shall, without delay, prepare a statement of accounts and an activity report for the period preceding the liquidation period for which the annual accounts and the activity report have not yet been presented at the assembly. The annual accounts and the activity report shall be presented at the christening meeting as soon as possible. Where applicable, the accounts, the operational report and the audit report shall be complied with.
If the period referred to in paragraph 1 also covers the preceding financial year, the annual accounts and the activity report shall be given for that accounting year.
The clearing members shall, without delay, make a decision on the liquidation decision, as well as a possible decision on the election of the liquidator and of the name of the insurance fund, to the Ministry of Social Affairs and Health in the register of insurance Significant. The notification shall include the full name, postal address and the municipality of Finland of each liquidator. The declaration shall be signed by any liquidator.
If the Ministry of Social Affairs and Health has ordered a cassan to be settled in liquidation or ordered liquidator, the Ministry shall enter the register in the register.
During the liquidation period the name of the insurance fund shall be written by the liquidator, or if there are more than one liquidator, unless the assembly decides otherwise.
For each financial year, the clearing members shall draw up the accounts and the activity report, which shall be presented within four months of the end of the financial year for approval by the assembly. If the liquidation period has not been completed within two years, they shall at the same time be informed of the reasons for the delay.
Clearers shall, without delay, apply for a public challenge to the creditors of the insurance fund, as well as as soon as it becomes apparent without causing any damage, to convert the assets of the cashier into cash and to pay the debts of the fund.
After the day of the public challenge to the creditors of the insurance fund, the liquidators shall pay all known debt. If the debt is contested or undue, or if it cannot be paid for any other reason, the necessary resources shall be separated. If the cash register has a guarantee capital, then it must be repaid with interest. The remaining assets are allocated in accordance with the rules of the register. If the assets are insignificant, the rules of the cashier may stipulate that it is possible to decide on its use.
If, within two years, the funds have not been distributed as required by the rules and the proportion of the distributable assets not allocated is negligible, the Ministry of Social Affairs and Health may, on the basis of the declaration by the liquidator, order it to fall. To the State or to any use which is closely related to the activity of the register. Otherwise, the provisions of Article 127 shall apply.
When the insurance fund is in liquidation, the insured persons and the beneficiaries share the same privilege as the holder of the movable property. The privilege provided for in this Article shall not be the prerogative of the holder of the cash deposit and the holder of the mortgage.
If, within two years of the commencement of the liquidation, the pension fund or other insurance fund whose liability is also responsible for the transfer of insurance does not have an agreement on the transfer of responsibility, the Ministry of Social Affairs and the Ministry of Health shall prescribe a date, In which case the assets of the cashier shall be liquidated. These assets must be purchased for those who have a liability share in the register, an advantage corresponding to this share in the second cashier or insurance company.
If the exposure ratio is lower than the ceiling fixed by the Ministry, it can be transferred in cash. Where the agreement referred to in paragraph 1 on the purchase of a benefit is not available on reasonable terms, the funds shall be allocated to those who, on the basis of the rules of the register, are entitled to do so in proportion to their respective liabilities. The application of the funds must be submitted to the Ministry of Social Affairs and Health. This paragraph shall not apply to the liability of the employees' pension law or the pension law of the entrepreneurs.
Clearers shall without delay draw up a list of the ratios to be followed. The list shall be submitted to the ministry where the list is to be kept for 30 days. The Ministry shall indicate the presence of the list as provided for in Article 135 (2). The ratio shall be subject to an appeal from the Ministry within 30 days of the date of expiry of the list.
After carrying out its duties, the liquidator shall, as soon as possible, issue a final statement of its administration by drawing up a report on the whole settlement procedure. The report shall also include a description of the distribution of the assets of the insurance fund. The report shall be accompanied by the financial statements and operational reports throughout the liquidation period. The report and its annexes shall be submitted to the auditors, who shall, within one month, submit an audit report on the final statement of accounts and the management of the liquidation. (30.12.2004)
Upon receipt of the audit report, the liquidator shall be invited to invite the assembly to approve the final statement.
If a person wishes to criticise the division or the account of the liquidators referred to in Article 120 (1), the action against the insurance fund shall be brought before the general public court of the cashier's seat within three months of the presentation of the final statement At the assembly.
The insurance fund shall be deemed to be unloaded when the final statement is presented at the assembly. Discharge shall be notified without delay by the clearing members to the Ministry of Social Affairs and Health to withdraw the register from the register.
The minutes of the meeting of the cashier meeting on accounts, books and final accounts shall be maintained for 10 years in a manner acceptable to the Ministry of Social Affairs and Health.
If the assets of an insurance fund in liquidation, after all known debt has been paid, are not sufficient to carry out the liquidation costs, the announcement by the Ministry of Social Affairs and Health of the liquidator is to order the liquidation of the liquidator, and Declare the treasury demolished. Articles 114, 115, 118-120, 123, 124, and 125 (1) shall not apply. The notification shall be accompanied by a certificate issued by the auditor that all known debt has been paid. The missing part of the liquidation shall be paid out of the funds charged to the cashiers to offset the costs of the insurance check. The Ministry must then withdraw from the register of insurance funds.
If an action is to be taken after the winding-up of the insurance fund or an action is taken against the cash register or, otherwise, the liquidation measures are required, the report shall be continued. The clearing members shall immediately notify the Ministry of Social Affairs and Health of this declaration for the purpose of marking the register of insurance. The invitation to the first cashier meeting of the extended liquidation shall be provided in accordance with the rules of the register. If, in the case of an extension of the register, there are no eligible liquidator, the Ministry of Social Affairs and the Ministry of Health shall order an interim liquidator on the application, as provided for in Article 113.
If the amount of new assets entering the register is limited, the Ministry may impose them on the State or for use in any of the activities closely linked to the activity of the register, without the liquidation procedure.
If the insurance fund has been liquidated in the case referred to in Article 111 (3), the cashier meeting may, by a majority of the votes provided for in the second sentence of Article 112 (1), decide that the liquidation The cessation of activities and the continued operation of the register. However, the decision shall not be taken if the liquidation is a criterion in accordance with Article 111 (1) or if the assets of the register have been distributed or if the transfer of responsibility has already been carried out.
When a decision has been taken to terminate the liquidation and the continuation of the operation of the register, the cashier shall be elected by a government or a possible Board of Supervisors in accordance with its rules.
Once the government has been elected, the liquidator must, without delay, make the decision to end the liquidation and inform the Ministry of Social Affairs and Health of the insurance fund register as significant. The decision shall not be implemented prior to registration. The public challenge applied to the creditors of the mass is left without effect once the liquidation has been terminated in accordance with the provisions of this Article.
The assets of the insurance fund may be released into bankruptcy only on the basis of the decision of the liquidator, or when the fund is in liquidation. During the course of the bankruptcy, the liquidator shall be represented by the government and the managing director or the liquidators selected before the start of the bankruptcy. However, new members of the government or new liquidator may be selected during the course of the course.
The court will, if the Ministry of Social Affairs and Health makes a proposal, order the person to be believed to be a person, as proposed by the Ministry.
Articles 121 and 122, in the event of liquidation of the insurance fund for the liquidation of the insurance fund, shall be complied with, notwithstanding the fact that the assets of the funds have been declared bankrupt.
If, at the end of the bankruptcy, there is no property left, the cashier shall be deemed to be dissolved in the event of a final settlement of the bankruptcy. The administrator shall, without undue delay, submit a notification to the Centre of Justice from which the information shall be forwarded to the Insurance Supervisory Agency for the purposes of the register of insurance. The declaration shall be signed by at least one of the administrators. (20,22,2004/145)
If the assets were left and the cashier was not in liquidation when its assets were declared bankrupt, the Board of Directors should be convened as soon as possible to decide on the liquidation of the cashier. When the register is in liquidation when it is declared bankrupt, the provisions of Article 127 shall be complied with.
In the course of a liquidation or bankruptcy, the insurance fund shall not be allowed to take any new members or to collect the payments to the cashier or to pay the benefits if they are due to be paid on or after the start of the liquidation or bankruptcy. However, a pension item which is due to be payable on or after the start of the bankruptcy may, however, be carried out if the pension has been awarded before and if the performance cannot be considered to be an infringement of the interests of members, beneficiaries or creditors.
In the case of liquidation or bankruptcy, the words'in liquidation' or 'bankruptcy' shall be added.
Insurance Fund ( Merger cashier ) May, with the consent of the financial supervision, conclude an agreement on a merger with another insurance fund ( Receiving fund ) In such a way that the liability of the merged cashier and other liabilities and assets are transferred to the receiving cashier. Insurance Fund ( The cash register ) May also, with the consent of the financial supervision, delegate its responsibilities to another cashier, the Pensions Act (1774/1995) To the pension fund or insurance company ( Receiving insurance institution ). The pension fund may also, with the consent of the financial supervision, transfer responsibility under the pension scheme of one of the employees in the register ( Individual responsibility ) To another pension fund, a pension fund or a law on pension insurance companies, (354/1997) To the occupational pension insurance company.
In the circumstances referred to in Article 111 (1), the solvency capital referred to in Article 83b shall be transferred at least to the amount of the solvency capital referred to in Article 83b, in the case of pensions and other benefits under the pension scheme of the worker; The amount corresponding to the solvency limit. If the solvency capital of the pension fund is higher than the amount corresponding to the solvency limit, the solvency capital shall be fully transferred, but not more than twice the amount of the solvency limit or the amount provided for in paragraph 3, whichever is the The quantities are higher. The remaining part of the capital adequacy capital may be returned to the shareholder as provided for in Article 83a (4).
In the case referred to in Article 111 (3), in the case of pensions and other benefits corresponding to the pension scheme of the employee, the amount of the solvency capital shall be transferred to the receiving insurance institution. In the insurance institution, the investment distribution corresponding to the average risk of the investment distribution of pension institutions operating in the pension scheme of the employee. The Ministry of Social Affairs and Health confirms the financial supervision on a proposal from the Financial Supervisory Committee as laid down in Article 29e of the Pension Insurance Companies Act. The amount of the transferred solvency capital shall be determined in accordance with the percentage set out in the Regulation referred to in paragraph 2 of the latter law, which is valid at the time when the transfer agreement has been concluded. Where the amount of the solvency threshold calculated on the basis of the transferred assets exceeds the amount of the capital transferred under this paragraph, the solvency capital shall be determined by the amount of the solvency capital provided for in the pension fund. And the transfer of solvency capital shall be completed in such a way as to correspond to the double amount of the solvency threshold calculated on the basis of the transferred asset. If the amount of the solvency capital provided for under this paragraph is greater than the amount of the liabilities corresponding to the liabilities to be disclosed, the amount of the solvency capital shall be transferred from the pension fund to the amount of the capital to be transferred. And the renounced solvency capital shall be completed in such a way as to reflect the amount provided for in this paragraph. For the purpose of calculating the share of the exposure to the pension fund in the calculation of the solvency capital of the pension fund, account shall be taken of the provisions on the definition of the liability liability used for the calculation of the solvency calculation. The remaining part of the capital adequacy capital may be returned to the shareholders as provided for in Article 83a (4).
In the case of the transfer of solvency capital in accordance with paragraphs 2 and 3, the capital transferred capital shall consist of items which the receiving insurance institution can read in its solvency capital.
In the case of transfer of the share-specific liability referred to in paragraph 1, the transferred liability shall be transferred to the receiving pension institution and the amount corresponding to the transferred solvency capital referred to in paragraph 3. Transferable assets are valued at fair value. In the first place, the resources to be released should be included in the investment of the outgoing shareholder, unless otherwise agreed. If the agreement on the transfer of insurance does not change the agreement, the other funds will be transferred in cash. The liability shall be deemed to include:
(1) the declaration in force and immediately preceded by the insurance of the same shareholder in the register; and
(2) the insurance of the second shareholder, which has been in force at the time of the merger, and which has been decided on account of the merger.
The merger agreement shall be approved by the assembly of each cashier. The transfer agreement shall be the cashier meeting of the donor cashier and, if the transfer of responsibility takes place to another insurance fund, the cashier meeting of the receiving fund shall be approved. The decision shall only be valid for a merger or extradition cashier only if it has been supported by the same majority of the votes required to settle the register in the case referred to in Article 111 (3). Unless otherwise provided for in this law or in the statutes of the fund, the decision to dispose of a shareholder liability referred to in paragraph 1 of this Article shall be made by the Board of Directors. However, where a transfer of liability is more than 10 % of the liability liability of the entire employee of the cashier, the transfer shall be decided at the assembly. The merger and transfer of responsibility can be decided, even if the merger or the removal of the cashier has been settled.
For at least two weeks before the cashier meeting, the following documents shall be held in the office of the members, members and members of the register, and shall be displayed at the assembly meeting:
(1) the agreement on merger or transfer of responsibility;
(2) a report by the Government on matters which may be relevant when considering the adoption of an agreement on a merger or transfer of responsibility;
(3) where the receiving insurance institution is in the insurance fund, its rules and the proposed amendment resulting from the merger or transfer of responsibility; and
(4) copies of the documents relating to the last annual accounts and the activity report of the merging and the receiving cashier, or, in the case of transfer of responsibility to the other fund, the financial statements of the transferring cashier and the receiving cashier; and Documents relating to the activity report.
The invitation to the conference on merger or transfer of responsibility shall be communicated to the public for the purposes of keeping the documents mentioned in paragraph 7.
In the case of transfer of responsibility, the transfer of responsibility shall accordingly be complied with. In the case of transfer of a shareholder liability referred to in paragraph 1, the shareholder, whose liability is delegated, shall be obliged to supplement the solvency capital in accordance with paragraph 3, as specified in the rules of the fund. However, the transfer of a shareholder liability referred to in paragraph 1 of the Pension Fund shall not be possible if less than five years have elapsed since receipt of the same exposure or part thereof. In such a case, the transfer to the pension fund shall be conditional on the transfer of a total of at least 300 insured persons in the form of a transfer to the pension fund, and the employers whose insurance policies are transferred, Are employers within the meaning of Article 115 (1) of the Pensions Act.
In a pension fund ( Distribution in pension fund ) May, with the agreement of the Insurance Supervisory Agency, be divided into a settlement procedure by transferring to a pension fund set up under Article 132 ( Received at the pension fund ) Or the pension funds to be set up, if the limited liability company in the pension fund is broken down in accordance with Article 1 of Chapter 14a of the Companies Act.
Distribution may take place in such a way that:
(1) the total liability of the divided pension fund and all its assets and liabilities are transferred to two or more addressees of the pension fund set up for that purpose; or
(2) part of the liability and related assets and liabilities shall be transferred to one or more of the pension funds set up for that purpose.
Where the pension fund is divided in accordance with the provisions laid down in paragraphs 1 and 2, the carry-over values may be applied in the accounts.
Article 132 (2) and (3) shall not apply to the distribution of the pension fund.
Paragraph 132 (4) to (6) and Articles 133 to 139 provide for a merger between the pension fund and, where applicable, the distribution of the pension fund.
Paragraphs 1 to 5 of this Article shall also apply in the case of a share of other income tax law (1535/1992) Referred to as a public limited liability company.
Article 132 shall apply mutatis mutandis to a merger where two or more insurance funds are joined by the creation of a new insurance fund.
In the case of the establishment of the host Member State, the Merger Treaty replaces the memorandum of incorporation. The agreement must include a proposal for the rules of the host fund. The contract shall specify the selection of the management and auditors of the receiving fund. These choices shall be made when the Merger Treaty has been approved and the Ministry of Social Affairs and Health has given consent to the merger and set out the rules of the new cash register.
Paragraph 132, which provides for a transfer of responsibility, must also apply mutatis mutandis when the insurance fund receives a second insurance institution's liability or insurance or part of it in Article 29a of the Pension Insurance Companies Act. , the employer's insurance policy.
In response to the employer's individual insurance rate referred to in paragraph 1, the individual liability referred to in Article 132 (1) or the insurance activity in accordance with the pension scheme of the employee must be at least: The amount provided for in Article 132 (3) of this Law or the amount of the double amount of the solvency limit referred to in Article 83c (1), calculated on the basis of the property to be received, if this is higher. If the supplementary insurance cover transferred from a donor institution is less than the amount referred to above, the related shareholder shall supplement the solvency capital up to the above amount. (20/02/444)
Within four months of the acceptance of the merger or the acceptance of the agreement by the insurance fund and the receiving insurance institution, they shall seek the agreement of the Insurance Supervisory Authority, and Confirmation of a change in the rules of the cashier required for the merger or transfer of responsibility, and, in the case of mergers referred to in Article 133, to the rules of the new insurance fund.
On application for a merger or transfer of responsibility, the Insurance Supervisory Agency shall, unless it considers that the application must be rejected, be at the expense of the receiving insurance institution in the Official Journal. The alert shall invite those wishing to make a reminder of the application to submit them to the Insurance Supervisory Agency within a period prescribed by it, which shall not exceed two months. The insurance supervisory authority shall, without delay, oblige the merging or the cashier to disclose information on the alert to the members and shareholders of the merging or transferring funds as laid down in the fund rules. In the event of receipt of the individual responsibility referred to in Article 132 (1), the Insurance Supervisory Authority shall oblige the receiving pension fund to ensure that the alert is provided in accordance with the Also on the bulletin board of the participating shareholder. In addition, in accordance with the pension fund of the employees, the receiving pension fund must also state the responsibility for the transfer of the pension or other benefit to the beneficiaries at the latest on the occasion of the first payment after the transfer.
For the application referred to in paragraph 1, financial supervision shall request the opinion of the Competition and Consumer Agency where the arrangement referred to in the application forms part of a competition law. (198/2011) Of the European Economic Community. (30.11.2012/670)
The insurance supervisory authority shall give its consent to the measure referred to in paragraph 1, unless the measure infringes the interests of insurance and is deemed not to jeopardise the healthy development of insurance activities.
The responsibility shall be transferred to the receiving insurance institution at the time specified in the delegation agreement after the financial supervision has given its consent to the measure. The date of transfer referred to in the contract shall not exceed six months from the conclusion of the agreement on extradition. (11.3.2011/223)
Unless the consent has been requested within the time limit, or has been refused, the merger or transfer of responsibility has lapsed.
The Insurance Supervisory Authority shall, where appropriate, provide for more detailed provisions and guidelines on the application referred to in this Article and the explanations required in the application.
L restrictions on competition 480/1992 Has been repealed with effect from 1 November 2011 in the Competition L 948/2011 , see On business control-Competition L 948/2011 Chapter 4 .
The Ministry of Social Affairs and Health has to give its consent to the merger of insurance funds in the insurance fund register.
Within two months of the date of adoption of the consent referred to in Article 135, the insurance funds shall apply to the receiving cashier in accordance with the general public law or in the case referred to in Article 133 The permission of the place of origin of the place of residence, at the risk of the completion of the merger, that the merger would otherwise lapse. The application shall be accompanied by a statement of the registration referred to in Article 136 and a list of the known creditors of the merged treasury and their postal addresses.
The court shall issue an alert to the known and unknown creditors of the cashier who wishes to oppose the application, to notify it in writing at the latest two weeks before the date of arrival, that in his other case Deemed to have agreed to the application. The alert shall be put on the Court's notice board three months before the date of arrival and shall be published in the Official Journal twice, for the first time not later than two months and the second time no later than one month. A month before the date of arrival. The application shall be made separately by the court to the Ministry of Social Affairs and Health and to all known creditors and, in the case referred to in Article 141, to the Government of the Patent and Registration.
The application shall be granted, unless one of the creditors objects, or if the date on which it is established that the creditors who have objected to the application have received a full payment of their claims or that their claims have been recognised by the court Security. The decision to grant or refuse authorisation shall be communicated without delay by the Court to the Ministry of Social Affairs and Health and, in the case referred to in Article 141, to the Government of the Patent and Registration.
The insurance funds shall report to the Ministry of Social Affairs and Health, as referred to in Article 137, to the Ministry of Social Affairs and Health, within two months of the date of the decision on the authorisation. Where the Court's permit is notified in the case referred to in Article 133, the withdrawal declaration referred to in Article 103 shall be lodged.
If, in accordance with Article 137 (1), the merger has lapsed, the notification to the Ministry of Social Affairs and the Ministry of Health must be entered without delay in the register. If the registration document referred to in paragraph 1 has not been completed within the prescribed period, or if the application has been rejected by the court, the Ministry shall record the lapsing of the merger.
The merger shall be deemed to have occurred after the court's authorisation for a merger is entered in the register of insurance. In addition, Article 133 requires that the establishment of the receiving register be entered in the register.
The assets and liabilities of the merging funds, with the exception of the claim for reimbursement referred to in Articles 151 to 153, shall be transferred to the receiving cashier and the members and shareholders of the merging cashier shall become members and shareholders of the receiving cashier at the time of the merger.
In addition to the provisions of Article 132a (5), the distribution agreement shall contain:
(1) a statement of the allocation of the distribution of the assets and liabilities of the distributed pension fund for each distribution to the participating pension fund;
(2) a description of the circumstances which may be relevant for the assessment of the assets to be received and distributed to the receiving pension fund; and
(3) a statement that the pension funds involved in the distribution meet the requirements of the liability liability and solvency requirements laid down in Chapter 7.
In the event of a distribution of funds which are not distributed in the distribution agreement, they shall be part of a divided pension fund and the receiving pension fund or receiving pension funds in proportion to their respective responsibilities.
The pension fund and the receiving pension fund or the receiving pension fund or the receiving pension funds shall be responsible for the debt of the pension fund which is distributed jointly and which is not distributed in the distribution contract and which is incurred before the implementation of the distribution is: Registered. However, the total amount of liability of the pension fund shall not exceed the value of the net assets that are to be retained or transferred to it.
If the insurance fund owns all the shares of the company, the cashier and the company's governments may agree to merge the company in the insurance fund. Articles 8 to 11, Article 12, second sentence of Article 14 (1) and Article 18 of the Merger Regulation shall apply mutatis mutandis to the merger, except in the case of mergers of a subsidiary company, except in the case of mergers and acquisitions. The article provides otherwise. In addition, the mass shall make a notification of the draft terms of merger to the relevant ministry as significant in the register of insurance.
Within two months of the acceptance of the draft terms of merger by the insurance fund and the limited liability company, they shall seek the agreement of the Ministry for the merger and confirmation of any change in the rules of the register. The application shall be accompanied by an explanation of the registrations referred to in paragraph 1. Where appropriate, the application for an authorisation by the Ministry shall be respected, as provided for in Article 135 (2) and (3).
In accordance with Section 13 of Chapter 14 of Chapter 14 of the Companies Act, the insurance fund and the limited liability company are required to apply for the approval of the merger. The application shall be submitted within four months of the date of approval by the Ministry of the consent referred to in paragraph 2. The application shall be accompanied by a statement of the approval of the consent referred to in paragraph 2 to the register of insurance. The Patents and Registration Board shall immediately inform the Ministry of the decision to grant or refuse the authorisation. The Ministry shall issue or refuse to grant an authorisation to the insurance fund register.
The insurance fund and the limited liability company shall declare the merger as significant in accordance with Article 16 of Chapter 14 of the Companies Registration Act, or the merger shall lapse. The notification shall be accompanied by a report on the identification of the merger in the insurance register. The Patents and Registration Board shall immediately inform the Ministry of the registration or refusal of registration.
If the registries referred to in paragraph 3 have not been filed within the prescribed period, or if the patent and registration authorities have rejected the application, the Ministry shall record the lapsing of the merger.
The rest of the insurance fund other than the pension fund may be distributed according to the provisions of this Chapter. The distribution of the pension fund is provided for in Article 132a.
If the insurance fund ( Divided cashier ) At least one tenth of the members within the period specified in the rules, which may not exceed one year, differ from the register, and shall pass the second cashier ( Receiving fund ) Or a new cassan, principally engaged in the same activity ( New casa ) , the receiving cashier or the new cashier shall have the right to receive the proportion of the assets and liabilities of the members referred to in Article 149 (2) ( Net assets ), where this provision has been taken into account in the rules governing the distribution of funds.
The proportion of the net assets distributed or transferred to a new fund shall be calculated on the basis of the proportion of the total number of members paid during the preceding five calendar years and their total amount, subject to the rules of the register. The basis for calculation.
Within three months of the expiry of the period referred to in Article 143 (1), the members of the outgoing Members shall notify the government of the divided cashier as to whether they will be transferred to another Member State or whether they shall establish a new cash register. If no notification has been made within the time limit, the obligation to dispose of the funds shall lapse.
The distribution of the insurance fund is decided by the cashier. The Board of Directors shall, without delay, convene a meeting to decide on the breakdown referred to in Article 144. The decision shall be taken in accordance with Article 51. If the assembly does not take a decision, the Board of Directors should apply to the Ministry of Social Affairs and Health. The application may also be made by a member of the Board of Directors, a Managing Director, an auditor or an outgoing member.
After the decision on the division has been taken, the government of the divided cashier shall, within three months, examine the amount of the net assets of the register, submit a proposal for the allocation of the funds and request the opinion of the auditors. The auditors shall give their opinion to the government within one month of the request for an opinion. The Ministry of Social Affairs and Health may extend the time limit set aside to determine the amount of net assets for a maximum period of six months.
The amount of net assets shall be calculated on the basis of the date on which the decision was taken.
Within a period of one month following the submission of an opinion by the auditors on the allocation proposal, the distribution cashier shall seek the agreement of the Ministry of Social Affairs and Health at the risk of the distribution, otherwise the distribution will lapse.
In the case of an application for distribution, the Ministry shall, unless it considers that the application must be rejected, be at the expense of the distribution of the register in the Official Journal. The alert shall invite those wishing to make a reminder of the application to submit them to the Ministry within a period prescribed by it, which shall not exceed two months. The Ministry shall, without delay, be required to inform its members and shareholders in the manner laid down in the rules of the register.
The Ministry shall give its consent to the implementation of the division, unless the measure infringes the interests of the insured or any other counter-fault.
The Ministry of Social Affairs and Health has to give its consent to the distribution of the insurance fund in the register of insurance.
The Government of the host or new cashier shall inform the divided cashier of the persons who made the notification under Article 144 who have become members of the host or new cashier and those who, at the time of the notification, still have: Members.
Once the notification in accordance with paragraph 1 has been made, the proportion of the net assets of the distributable cashier shall be handed over to the receiving or new register at the time of the notification.
Unless the new cashier is declared to be significant in the insurance register within one year of the consent of the Ministry of Social Affairs and Health, as referred to in Article 147, the obligation to dispose of the funds to the new cashier has lapsed.
The founder, member of the Board of Directors, a member of the Board of Directors and the Executive Director shall be liable for the damage he or she has done intentionally or negligently to the insurance fund. The same shall apply to the damage caused by the persons referred to above in respect of this law, the rules of the cashier's rules or insurance, by the Member, the shareholder or any other person.
Article 152 has been repealed by L 28.10.1994/945 .
A member or a member of a Member State or a member of a representative shall be required to pay compensation for the damage he or she has contributed to the breach of this law, the rules of the insurance fund or the criteria laid down for insurance purposes, whether intentionally or through gross negligence Caused by the cashier, the member, the shareholder or any other person.
As regards the settlement of damages and the distribution of liability between two or more liable parties, the (412/74) Chapters 2 and 6 provide.
The provisions of paragraph 1 relating to the settlement of damages shall be complied with by the founder, member of the Board of Directors, a member of the Board of Directors and the Executive Director only if there is a slight lack of negligence on his part. (28.10.1994/95)
Pursuant to Articles 151 to 153 of the insurance fund, the claim for damages shall be decided at the assembly. However, the Board of Directors has the right to decide on a claim for damages based on a criminal offence. In the absence of a decision by the government to bring an action, the Ministry of Social Affairs and Health may order an agent to pursue an action on behalf of the register. The client is paid a fee and reimbursement of funds by the Ministry. If the funds are not sufficient to pay the premium and the compensation, the missing part will be paid out of the funds collected from the funds to compensate for the costs of the insurance check.
The decision of the assembly to grant discharge or the lodging of an action shall not prevent the cashier from bringing an action, when not in the annual accounts, in the annual report, in the annual report or in the audit report, or otherwise Substantive and complete information on the decision or measure on which the action is based. (30.12.2004)
If the cashier is declared bankrupt within two years of the date on which the decision was taken to grant discharge or not to bring an action, the bankruptcy chamber shall not be subject to the application of this Decision.
Where the assembly has granted discharge or otherwise decided not to bring an action for compensation, the members of the insurance fund and the members or members of the representatives who have at least one third of the votes represented at the meeting shall: , without prejudice to Article 155 (1) and (2), the action may be taken on behalf of the register.
The action may be brought by members and members or members of a representative who have at least an equivalent number of votes than the members and members of the Members who have opposed the decision referred to in paragraph 1. However, if a member or a member or a member of the representative ceases the proceedings after its withdrawal, the other proceedings may continue to be brought forward.
The action shall be instituted within three months of the decision of the assembly or the submission of an inspection referred to in Article 69, when the opinion delivered on the inspection has been presented at the assembly or control of the inspector. The application has been rejected.
Members and members of the shareholders or representatives of the members shall bear the costs of the proceedings. However, they are entitled to receive compensation from the fund to the extent that sufficient funds are available to the cashier.
An action to be taken pursuant to Articles 151 and 153 of the Insurance Fund and of Chapter 10, Section 3 of the Court of Auditors, cannot be brought unless the action is based on a criminal offence: (18/05/2015) (13.4.2007)
L to 2012/2015 The amended recital enters into force on 1 January 2016. The previous wording is: Articles 151 and 153 of the Insurance Fund and Article 51 of the Statute of the Court of Auditors cannot be filed unless the action is based on a criminal offence:
(1) against the founder three years after the establishment of the decision to set up the register;
(2) a member of the Board of Directors, a member of the Board of Directors or the Executive Director, three years after the end of the financial year in which the decision on which the action is based was taken or the measure adopted for it;
3) against the auditor after three years following the submission of the audit report, the opinion or the certificate to which the action is based; and
4. Against a member, a partner or a member of a representative, two years after the decision or measure on which the action is based.
If the time limit for the lodging of an action on behalf of the cashier is exhausted, the action referred to in Article 155 (3) cannot be brought forward after the month has elapsed since the bankruptcy was carried out.
The provisions of Article 157 b-157 j shall apply to supplementary pension activities in the EEA State Pension Fund other than Finland.
A foreign EEA supplementary pension institution carrying out supplementary pension activities shall be entitled to carry out additional pension activities in Finland. The additional pension activities carried out in Finland by the EEA supplementary pension institution shall apply mutatis mutandis to the provisions of (398/1995) Paragraph 4 provides for additional pension activities of the foreign EEA insurance company in Finland, however, in such a way that Articles 15a to 15d do not apply.
The EEA Supplementary Pension Fund, which is intended to treat voluntary supplementary pensions and other benefits for self-employed workers or self-employed workers in the territory of the other EEA State, shall apply to the Insurance Supervisory Agency before the To start.
The EEA supplementary pension fund shall, in the context of the application for authorisation, communicate the following information to the Insurance Supervisory Board:
(1) the name of the undertaking or the names of self-employed persons whose supplementary pension scheme is established in the EEA supplementary pension scheme;
(2) the EEA State whose social and labour law provisions on occupational retirement provision apply to the relationship between the undertaking and members of the undertaking referred to in paragraph 1 or to self-employed persons; and
3) a report on the main features of the future pension scheme for the EEA supplementary pension fund.
Where appropriate, the Insurance Supervisory Authority shall provide for more detailed provisions on the information to be provided in the context of the application for authorisation.
Financial supervision shall immediately inform the European Insurance and Occupational Pensions Authority of the authorisation referred to in paragraph 1. (9.12.2011/1250)
If the Insurance Supervisory Authority has no reason to suspect that the administrative structure or financial status of the EEA Pension Fund or the reputation or professional competence and experience of the directors of the institution is not compatible with the proposed additional pension activities, Within three months of receiving all the information referred to in Article 157 b (2), the Insurance Supervisory Authority shall transmit that information to the competent authority of the State referred to in Article 157 (2) (2) and shall inform the competent authority thereof. The EEA supplementary pension fund.
The Insurance Supervisory Authority shall inform the EEA supplementary pension fund of the provisions on social and labour law requirements and investment rules applicable to supplementary occupational pensions, according to which a second EEA State The supplementary pension scheme for self-employed workers must be managed. In addition, the Insurance Supervisory Authority shall inform the EEA supplementary pension fund of the provisions of the communication which shall apply in the State referred to in Article 157 (2) (2) with regard to members and free-book persons.
An EEA supplementary pension scheme in Finland may start taking care of supplementary pension schemes for self-employed self-employed persons located in another EEA State, where the EEA supplementary pension fund has received information from the Insurance Supervisory Agency 1 , but no later than two months after the competent authority of the State referred to in Article 157 (2) (2) received the information mentioned in Article 157 (c) from the Insurance Supervisory Agency.
Prior to the operation of the EEA supplementary pension fund, the Insurance Supervisory Authority shall enter a supplementary pension fund in the EEA supplementary pension fund. In addition, the register shall include the EEA States in which the EEA Pension Fund operates.
The EEA supplementary pension fund shall comply with the social and labour law applicable in the State referred to in Article 157 b (2) (2). In addition, at the request of the competent authorities of the State referred to in Article 157 (2) (2), the EEA supplementary pension fund shall apply the provisions relating to the investment in that State in respect of the funds corresponding to: Activities in that State. The EEA supplementary pension fund shall also comply with the provisions of the Notification Rules applicable in that State with regard to members and free-book persons who are covered by the supplementary pension scheme of the EEA supplementary pension scheme in that State.
The Insurance Supervisory Authority shall inform the EEA supplementary pension fund of any significant change in the provisions referred to in paragraph 1 where they may affect a company or a self-employed person located in another EEA State A supplementary pension scheme.
The pension fund granting voluntary pension benefits may be converted into an EEA supplementary pension fund. Articles 157 to 157 d shall apply to the application and to the commencement of cross-border activities.
The EEA Supplementary Pension Fund shall cover all liability related to the supplementary pension activities in the EEA States other than Finland.
The EEA supplementary pension fund shall keep the assets and potential liabilities and income and expenses related to cross-border activities separate from the corresponding items in Finland.
Where a supplementary pension scheme is managed by a supplementary pension scheme in several EEA States, the EEA supplementary pension scheme shall be kept separate from each other in different EEA States where the national investment of one of the Member States concerned is concerned Requirements so require.
The ESA Statute shall include the EEA States in which the EEA Pension Fund operates.
In addition, the rules of the EEA supplementary pension fund shall state how the assets of the EEA supplementary pension fund are to be partitioned before the distribution of assets under Article 122 (2) between the insurance stock of cross-border activity and the rest of the insurance policy.
The Insurance Supervisory Authority may restrict or prohibit the operation of the EEA supplementary pension fund if the EEA supplementary pension fund does not comply with the social and labour law of the State referred to in Article 157 b (2) (2).
Notwithstanding the provisions of Articles 155 and 156, the claim for compensation referred to in Articles 155 and 156 shall be applied to the general District Court of the insurance fund. The same court can also deal with an offence-based claim.
The summons shall be deemed to be submitted to the insurance fund when it has been served on a member of the Government or any other person who, according to Article 34, is entitled, alone or in combination with another, to write the name of the register.
If the Board of Directors wishes to bring an action against the cashier, it shall convene a meeting of the cashier assembly to select the cashier. The challenge will then be deemed to be delivered to the cashier when it is presented at the assembly.
If the Government wishes to criticise the decision of the assembly, it is not lost, in accordance with Article 55 (2), if an invitation to the assembly in which the agent is placed has been submitted within three months of the cashier meeting whose decision is to be taken Applies.
When the action brought against the decision of the assembly is initiated, the Court may, at the request of the applicant, order that the decision not be implemented. The President of the Court may temporarily issue such an order until the matter is referred to the Court. The court or tribunal may, when it appears, withdraw its order.
The solution referred to in paragraph 1 shall not be contested separately. A solution, without delay, must be provided to the Ministry of Social Affairs and Health.
The rules of the insurance fund may contain a provision stating that the dispute between the cashier under Chapter 14, on the one hand, and the government, a member of the Board of Directors, the Executive Director, the auditor, a member or a shareholder, on the other, shall: Between the arbitrators. Such a provision shall have the same effect as the arbitration agreement.
Where the dispute between the register and the government is transferred to arbitrators, the provisions of Article 159 (2) and (3) shall be complied with as regards the setting up of an agent and the calculation of the time limit.
Every
(1) do not, in breach of the provisions of Article 111 (1), be authorised to carry out insurance activities under this law; or
(2) take new members of the insurance fund or, in breach of Article 130 of the Law on the supervision of the financial supervision of the cash register, or, in breach of the provisions of Article 26 (8) of the Law on Financial Supervision,
Shall be condemned, unless the act is minor, Unauthorised pursuit of the insurance of insurance Fine or imprisonment for a period not exceeding one year.
(19/12/2015)Every
(1) acts as a second intermediary in order to circumvent the provision or order to restrict the right to vote in this law or in the insurance fund,
(2) in breach of the provisions of this Act concerning the drawing up of the financial statements, the activity report or the audit report or the closing of the liquidation of the cashier; or
(3) Contrary to the prohibition laid down by Article 101 of the Insurance Supervisory Authority, assets held under the control of the cashier shall be disclosed or held,
Shall be condemned, if the act is not minor or otherwise provided for by law, On the insurance scheme Fine or imprisonment for a period not exceeding one year.
Every
(1) infringes the provision on sight of the minutes of the assembly;
(2) distribute funds from the insurance fund in contravention of the provisions of this Act or of the register;
(3) in the case referred to in Article 7 (2) and (3), apply for authorisation from the Ministry of Social Affairs and Health;
(4) fails to submit a notification or other information to the Authority under this law; or
(5) fail to comply with Article 19 (1) of the Treaty establishing the conditions for decision-making at the constituent meeting;
Shall be condemned, if the act is not minor or otherwise provided for by law, On the insurance fund offence Fine.
Any member of the insurance undertaking or its service undertaking, or as a member of such an institution or an alternate or an insurance fund, or an insurance committee or an equivalent institution, On the basis of a mandate or as an expert on the basis of a mandate or in accordance with Articles 165 (b) or 165 (c), the insurance fund, the member of the insurance fund, the member of the insurance fund or any other financial position or trade or trade secret, Or the health status or other personal circumstances of a person Shall not be disclosed to a third party unless the person who is protected by the obligation of professional secrecy gives consent to the disclosure of the information or unless otherwise provided for by law.
The obligation of professional secrecy to be carried out by the Ministry of Social Affairs and Health, or by the Insurance Supervisory Board, is governed by the law of the authorities (18/09/1999) .
The penalty for breach of the obligation of professional secrecy laid down in Article 165 is punishable under criminal law (39/1889) 1 or 2, if the act is not punishable Article 5 of Chapter 40 of the Penal Code Or, unless otherwise provided for in the rest of the law, a heavier penalty.
In addition, the Ministry of Social Affairs and Health has the right to disclose information covered by the obligation of professional secrecy:
(1) the prosecutor and pre-trial authority for the purpose of preventing and clarifying the offence;
2) Financial supervision.
Notwithstanding Article 165, the insurance fund shall be entitled to disclose information covered by the obligation of professional secrecy:
(1) the insurance company for the organisation of reinsurance;
(2) the insurance fund's service undertaking or the person who carries out the task of the insurance fund on the basis of a mandate;
(3) for the performance of a case which has been referred to it by the Insurance Board or an equivalent institution or a member of that institution; (9.12.2005/1016)
(4) for the offences committed against the insurance fund, as well as to the other insurance institution, where this is necessary for the purpose of preventing crime against insurance institutions, and where the Data Protection Board has provided information on: Personal Data Act (523/1999) Article 43 The authorisation referred to;
(5) with the permission of the Ministry of Social Affairs and Health, for historical or scientific purposes, or for statistical purposes, if it is clear that the disclosure of information is not an infringement of the interests protected by the obligation of professional secrecy; It shall be accompanied by the provisions necessary for the protection of the public and private interests; the authorisation may be withdrawn, when due to be considered; and
(6) the Finnish prosecutor and pre-trial authority in order to prevent and investigate the offence, and to the authorities referred to in Article 165 (b) (1); however, information relating to the state of health may only be disclosed to the prosecutor and pre-trial authority; The prevention, detection and prosecution of fraud against the insurance or pension institution.
In the cases referred to in paragraph 1, the insurance fund may only disclose information necessary for the performance of the tasks referred to in that paragraph.
The Ministry of Social Affairs and Health provides, where appropriate, provisions for the application of paragraphs 1 and 2 of this Article.
Article 166 has been repealed by L 19.12.2008. .
Paragraph 1 has been repealed by L 19.12.2008. .
The annual accounts and operational reports of the funds held by the Ministry of Social Affairs and Health and the Insurance Supervisory Authority are entitled to information. (30.12.2004)
Articles 168 to 169 have been repealed by L 9.12.2005/1016 .
For the purpose of drawing up technical calculations and studies, the pension fund shall have an insurance mathematician. The actuarial eligibility criteria are determined in accordance with Chapter 18, Section 8 of the Insurance Companies Act. The functions of an insurance mathematician shall apply mutatis mutandis to the provisions of the Regulation on the actuarial Articles 1 and 2 of Regulation (464/95) Provides.
The insurance mathematician of the pension fund shall carry out the technical examination of the pension fund at least every two years and also if the Insurance Supervisory Authority considers it necessary. If necessary, the Insurance Supervisory Authority will provide guidance on the preparation of the study. (29.1.1999/84)
The pension fund must be notified to the Ministry by an insurance mathematician.
The Ministry of Social Affairs and Health may issue provisions on the application of this Article.
The provisions of Article 170 shall also apply to the other insurance fund if the liability of the fund is included in the insurance premium referred to in Article 79 (2).
More detailed provisions on the implementation of this law will be adopted by the Regulation.
What is laid down in this Act concerning the Ministry of Social Affairs and Health, or the Ministry concerned, concerning the Insurance Supervisory Authority (1999) After entry into force of the Insurance Supervisory Agency, subject to paragraph 2.
Financial supervision shall not apply to Articles 65, 70 (1), 74a (1), 74b (1), 74b (1), (2), (4) and (5), 77, 79 (2), 82a (4), 83 (3) (3) and (4), 83 (a) 1 and 3, Article 83b (9), Article 91 (4), Article 97 (2), Article 132 (3), Article 165 (2), Article 165 (2), 165 (1) (5) and (3), Article 167 and Article 170 (4) provide for social and The Ministry of Health or the Ministry in question. (19/12/2015)
This Act, hereinafter: New law, Enters into force on 1 January 1993.
The new law will be repealed, with the exceptions mentioned below, on 19 June 1942. (1999) (hereinafter ' the The old law, With its subsequent modifications.
During the old law, the register of aid is converted into an insurance cashier, a register of aid registers, an insurance fund register and an association of aid funds to the association of insurance funds at the time of entry into force of the new law. The new law shall apply after that date, subject to the provisions of this Chapter.
With the entry into force of the new law, the reserve fund under Article 27 of the old law and the 28 Article 28 Security Fund shall be converted into a reserve fund.
If the rules of the insurance fund registered before the entry into force of the new law contain provisions contrary to the new law, the provisions of the new law must be respected.
If, under the new law, the rules of the new law registered before the entry into force of the new law are incomplete or contain provisions contrary to the new law, the cashier's Board of Directors shall, without delay, submit to the assembly the proposal to amend the rules To comply. Within two years of the entry into force of the new law, the amendments to the rules will be submitted by the Ministry of Social Affairs and Health.
Where, before the date of entry into force of the new law, the district of affiliation has been defined in such a way as to include members and other insured persons and shareholders who, under Article 4, may not fall within the scope of the register, may: Members, insured persons and shareholders will continue to operate in the register, notwithstanding the provisions of Article 175, even after the entry into force of the new law, provided that there is a provision in the register. Under this provision, the register may also be insured by persons who have joined the shareholder since the entry into force of the new law. The mass shall apply to the provisions of this article for confirmation by the Ministry of Social Affairs and Health within the period provided for in Article 175 (2).
Before the entry into force of the new law, the insurance fund has been notified and the change in the rules applied for prior to the entry into force of the new law may be registered in accordance with the provisions of the old law.
Following the adoption of the new law, the insurance fund may, notwithstanding the provisions of Article 175, take a decision to amend the rules in line with the new law. The decision will be taken in accordance with the old law. The application for an amendment to the rule of law may be made and the decision given by the Ministry of Social Affairs and Health to register before the entry into force of the new law is marked that the rules laid down shall enter into force at the earliest Entry into force.
Notwithstanding Article 6, the number of members of the insurance fund before the entry into force of the new law may continue to operate if it continues the insurance activities carried out under the old law and fulfils the old law during the period of the old law. The minimum membership requirements laid down. If the number of members decreases the minimum number laid down by the rules, or where the insurance activity carried out by the cashier changes in nature, or the cashier's operating circuit or benefits change, the register shall meet the requirements of Article 6 within two years. In the event of a reduction in the number of members required by the rules, the change in the rules on the quality of insurance or the change in the scope of the insurance business or the change in benefits has been adopted at the assembly. The Ministry of Social Affairs and Health may, for a specific reason, extend the deadline for the application of the register for a maximum period of five years if the insured benefits are not thereby jeopardised.
The insurance funds whose liability does not meet the requirements laid down in the new law at the time of entry into force of the new law must cover up to a maximum of 25 years after the date of entry into force of the law in accordance with the plan approved by the Ministry of Social Affairs and Health.
Exceptional authorisations granted by the Ministry of Social Affairs and Health under Article 107 of the old law are valid for four years after the entry into force of the new law. The Ministry may, upon application of the register, extend the validity of the derogations even after four years, for a maximum period of five years if the insured benefits are not thereby jeopardised. Applications for further authorisation shall be submitted to the Ministry within four years of the entry into force of the new law.
Notwithstanding the provisions of Article 7 (3), the insurance fund may continue to own the shares or units which it acquired before the entry into force of the new law. If the amount of shares or units owned by the cashier exceeds the ceiling laid down in the new law at the time of entry into force of the new law, the relative share of the cashier's share of the shares, shares or orders of the holding company shall not: May rise from the number of times when the new law comes into force. If, after the entry into force of the new law, the proportion of the cashier has fallen, but still exceeds the statutory ceiling, the proportion of the proportion of ownership of the register shall not be increased from such a reduction.
The issue of the dissolution of the insurance fund must be addressed and resolved and reported under the old law if the public challenge has been claimed before the entry into force of the new law.
The issue of the transfer of responsibility must be dealt with and resolved under the old law if the consent of the Ministry of Social Affairs and Health has been requested prior to the entry into force of the new law.
Before the entry into force of the new law, the composition of the Board of Directors or the Board of Directors or the representative shall be adapted to the new law within two years of the entry into force of the law. Within three months of confirmation by the Ministry of Social Affairs and Health of the rules of the new law of the insurance fund, the Executive Director shall be informed by the Executive Director.
Prior to the entry into force of the new law, either a member of the Board or a member of the Board of Directors, an auditor or a liquidator may, in spite of the fact that under the new law, fail to act in that capacity, remain in office until the date of the new election, Not more than two years after the entry into force of the new law. The above shall apply mutatis mutandis to the name of the cashier named before the entry into force of the new law.
In the case of an invitation to a cashier meeting in force in the old law, it must be considered legal if it has been adopted in accordance with its law.
Before the entry into force of the new law, an action for annulment of a decision or a claim which has been initiated within the prescribed period must be completed and settled under the old law.
The financial statements, drawn up before the entry into force of the new law, shall be governed by the law applicable before the entry into force of the new law.
The rest of the grant fund shall apply to the insurance fund. If the law refers to grant funds elsewhere, the reference should be understood as referring to the new law.
The amounts laid down in Chapter 8 of the new law correspond to the wage indexation referred to in Article 94 of 1991.
THEY 93/92 , StVM 35/92This Act shall enter into force on 1 January 1995.
THEY 295/93 , TaVM 27/94, Annex XXII to the EEA Agreement: Council Directives (8 4/2 53/EEC, 78 /660/EEC, 83 /349/EEC)
This Act shall enter into force on 1 May 1995.
This law shall not apply to the case before the entry into force of this Act in the insurance fund. However, the provisions on the increase in compensation shall apply to the benefit of the preferential item whose maturity date is, or after, the date of entry into force of this Act.
THEY 292/94 , TaVM 58/94
This Act shall enter into force on 1 September 1995.
THEY 94/93 , LaVM 22/94, SuVM 10/94
This Act shall enter into force on 31 December 1995.
THEY 187/95 , THEY 188/95 , StVM 28/95, EV 177/95
This Act shall enter into force on 1 January 1997.
THEY 241/1996 , 45/1996, StVM 42/1996, EV 248/1996
This Act shall enter into force on 1 September 1997.
THEY 18/1997 , TaVM 16/1997, EV 84/1997
This Act shall enter into force on 1 January 1998. However, Article 79 (2) shall enter into force on 31 December 1997 and Article 8 (2) on 1 January 1999. However, as from 31 December 1997, the provision of Article 83 (d) of the Act concerning the liability for additional insurer liability in respect of the investment activities referred to in Article 83d (2) to (4) shall apply as from 31 December 1997, as provided by the Ministry of Social Affairs and Health Decide.
Notwithstanding the provisions of Article 83c of this Act, the solvency limit and the minimum operating capital of the pension fund registered before the entry into force of the law shall be one eighth and the minimum operating capital in 1998. Two eighths of the solvency limit and the minimum operating capital provided for in Article 83c. Conversely, in the following years until 2005, the solvency limit and the minimum operating capital are the number of eight components of the solvency limit and the minimum operating capital provided for in Article 83 (c) of the preceding calendar years.
Notwithstanding the provisions of Article 83 (d) (2), the limit for the double capital of the crd is, in 1998, half of its full amount and, in 1999, three quarters of its total amount.
Notwithstanding the provisions of Article 83 (a) and 132 of this Act concerning the transfer of operating capital, the Ministry of Social Affairs and Health must comply with the provisions of the Ministry of Social Affairs and Health.
However, with effect from 1 January 1999, in the case of an indexation fund, Articles 83 a-83 (e) and 79 (2) of the Act shall apply to a pension fund which, in addition to statutory pension provision, provides additional security.
However, before the entry into force of this Act, applications for the transfer of responsibility pending before the entry into force of this Act shall continue to apply with effect from the date of entry into force of this Act.
THEY 221/1997 , StVM 35/1997, EV 241/1997
This Act shall enter into force on 1 October 1998.
THEY 243/1997 , TaVM 2/1998, EV 19/1998
This Act shall enter into force on 1 January 1999.
THEY 6/1997 , 117/1997 , LaVM 3/1998, SuVM 2/1998, EV 60/1998
This Act shall enter into force on 31 December 1998. Articles 70, 72, 74a and 74c shall be valid until 31 March 1999.
Notwithstanding the provisions of Section 2 of Chapter 9 of the Accounting Act, the accounting law and the provisions of this Act shall apply for the first time to the accounts of the insurance fund for the financial year starting on or after 1 January 2000.
However, the insurance fund may apply the provisions referred to in paragraph 2 for a financial year that is passing or starts after the entry into force of this Act.
THEY 234/1998 , TaVM 32/1998, EV 205/1998
This Act shall enter into force on 1 January 1999. Article 90 shall be valid until 31 March 1999.
The amounts set out in Chapter 8 of this Act correspond to the salary index referred to in Article 94 of 1998.
Notwithstanding Article 90, Article 91 (2) and Article 93 (2), the amounts expressed in euro may be denominated in the Finnish markka until 31 December 2001. The amounts reported in euros shall be converted into Finnish marks, in accordance with the final exchange rate adopted by the Council of the European Union on the basis of Article 109 (4) of the Treaty establishing the European Community.
THEY 233/1998 , No 31/1998, EV 204/1998
This Act shall enter into force on 1 April 1999.
The authorisations, orders, instructions and other decisions relating to insurance supervision and control issued by the Ministry concerned, which are delegated to the Insurance Supervisory Authority in accordance with Article 172a of the Insurance Supervisory Authority After the date of entry into force, until the Insurance Supervisory Authority decides otherwise.
THEY 163/1998 , TaVM 29/1998, EV 202/1998
This Act shall enter into force on 1 December 2000.
THEY 95/2000 , TaVM 23/2000, EV 131/2000
This Act shall enter into force on 1 May 2002.
The measures necessary for the implementation of the law can already be adopted before it enters into force.
THEY 250/2001 , EV 14/2002,
This Act shall enter into force on 1 July 2003.
For the purpose of calculating the minimum five-year period laid down in Article 132 (9), no account shall be taken of the receipt of liability which occurred before the law came into force.
An application for the transfer of liability under the pension scheme of workers shall be dealt with and settled in accordance with the provisions in force at the time of entry into force of this Act, where the agreement of the Insurance Supervisory Authority has been requested before the law enters into force. However, at the request of the applicant, the Insurance Supervisory Authority may decide that the application shall be processed and settled in accordance with this law.
THEY 21/2002 , StVM 52/2002 EV 255/2002
This Act shall enter into force on 1 August 2003.
The obligation laid down in Article 7a of this Act shall be fulfilled no later than three years after the entry into force of this Act.
THEY 200/2002 , No 2/2002, No 267/2002
This Act shall enter into force on 1 September 2004.
THEY 153/2003 , LaVM 8/2003, EV 131/2003
This Act shall enter into force on 1 May 2004.
The measures necessary for the implementation of the law can already be adopted before the law enters into force. The obligation to pay contributions to the association of the insurance funds for the association of the insurance funds during the year 2004 shall be 31 December 2004.
THEY 130/2003 , StVM 3/2004, EV 13/2004
This Act shall enter into force on 31 December 2004.
This law shall apply for the first time to the accounts of the insurance fund for the financial year starting on or after 1 January 2005. The insurance fund is entitled to apply this law for the financial year in which the law enters into force.
Any increase in value made before the entry into force of this Act may apply to those provisions which were in force when this Act entered into force.
THEY 224/2004 , TaVM 31/2004, EV 230/2004, Regulation (EC) No 1606/2002 of the European Parliament and of the Council, OJ L 243, 11.9.2002, p. 1, Directive 2001 /65/ec of the European Parliament and of the Council, OJ L 283, 27.10.2001, p. 28, European Parliament and Council Directive 2003 /51/EC; OJ L 178, 17.7.2003, p. 16
This Act shall enter into force on 31 December 2005.
Measures necessary for the implementation of the law may be adopted before the law enters into force.
The association of insurance funds is in liquidation with effect from 1 January 2006.
The tasks and activities of the association shall end on the date of entry into force of the law. The association meeting and the duties of auditors shall not end at the end of the association's activities.
The association of the association shall elect a liquidator to replace the affairs of the association with the Board of Directors from 1 January 2006 and shall fix his fee. The settlement man's fee and other costs related to the closure of the association's activities are paid out of the association's assets.
The clearing member shall represent the association during the liquidation. The report of the association shall be managed without delay. The liquidator shall immediately apply for a public challenge to the Society's creditors. After the day of the public challenge, the liquidator shall pay all the known debt of the Society.
The liquidator shall draw up the annual accounts and annual accounts of the Society for the financial years 2005 and the subsequent financial years and the final statement at the end of the liquidation. The annual accounts and final statement shall be approved by the assembly meeting.
The association shall be deemed to be dissolved once the final statement has been approved by the Assembly. The archives of the association shall be kept in a manner acceptable to the Insurance Supervisory Authority.
In the event of liquidation, the remaining assets shall be distributed according to the statutes of the association.
The activities of the insurance fund committee referred to in Article 169 shall be closed when the proceedings pending on 30 June 2006 have been closed.
The cost of the Board's activities shall be paid out of the assets of the association of the insurance funds during the liquidation of the association.
The board's archives are handed over to the Ministry of Social Affairs and Health.
A decision adopted by the Insurance Supervisory Authority under this Act may be appealed to the Helsinki Administrative Court, in accordance with the provisions of the (78/1999) Article 6 Provides.
THEY 157/2005 , StVM 25/2005, EV 148/2005
This Act shall enter into force on 15 April 2006.
This law shall apply to the transfer and receipt of the responsibility and to the receipt of insurance and insurance policies for which the contract was concluded on or after 7 October 2005.
Decision of the Insurance Supervisory Authority, before the entry into force of this Act, on a request for consent to be transferred and received or received by or after the date of receipt of the insurance and insurance policy Shall be adopted in accordance with the law in force at the date of adoption of the Decision. However, the Agency's decision shall lapse unless the transfer and receipt of the responsibility or the contract for the receipt of insurance and insurance policies are amended to comply with this law within two months of the entry into force of the law.
THEY 158/2005 , StVM 6/2006, EV 23/2006
This Act shall enter into force on 1 June 2006.
Notwithstanding Article 7 (2), the pension fund may maintain, before the entry into force of this Act, loans in accordance with the loan agreements.
Notwithstanding the provisions of Article 8 (2), the supplementary pension fund shall, at the time of entry into force of this Act, maintain the investments made in a participating undertaking until 23 September 2010. Following the entry into force of this Act, any changes to the loans granted to a participating undertaking and before the entry into force of this Act shall be subject to the provisions of Article 8 (2). The provisions of this paragraph shall not apply to cross-border activities of the ESA supplementary pension funds.
If the assets referred to in Article 83 h-83 (n), covered by the provisions of Article 83 h-83 of the Insurance Fund, exceeded the maximum limits laid down in those Articles of 5 March 1999, the cashier shall, by the end of 2005, ensure the withdrawal of the excess. The amount of these funds and commitments shall not increase or represent a proportional share of the total amount covered by the ceiling when the maximum limit is exceeded. For specific reasons, the Insurance Supervisory Authority may extend the period laid down in this paragraph for the funds referred to in Article 83 j and 83 l for a period of not more than five years.
This law repeals the Decree of 23 December 1998 on the margin of liability of the insurance fund (188/1998) And Decree of 30 December 1997 on the legibility of an activity in the capital of the pension fund in accordance with the Pensions Act (1324/1997) With their subsequent modifications.
156/2005 , TAVM 3/2006, EV 34/2006, European Parliament and Council Directive 2003 /41/EC (32003L0041); OJ L 235, 23.9.2003, p. 10
This Act shall enter into force on 1 January 2007.
THEY 79/2006 , StVM 30/2006, EV 155/2006
This Act shall enter into force on 1 January 2007. Before the entry into force of this Act, measures may be taken to implement the law. (11.3.2011/225)
The pension fund may apply the repealed Article 83b (2) (7) until 31 December 2010. (11.3.2011/225)
The pension fund, which has the guarantee or guarantee referred to in Article 83b (2) (7), which is repealed by that law on 31 December 2010, may apply that loan until 31 December 2012. (11.3.2011/225)
The pension fund may apply the repealed Article 83b (2) (7) until 31 December 2010.
THEY 77/2006 , StVM 31/2006, EV 152/2006
This Act shall enter into force on 1 January 2007.
THEY 78/2006 , StVM 32/2006, EV 153/2006
This Act shall enter into force on 1 July 2007.
THEY 194/2006 , TaVM 33/2006, EV 293/2006
This Act shall enter into force on 1 January 2009.
THEY 66/2008 , TaVM 20/2008, EV 109/2008
This Act shall enter into force on 1 April 2009.
However, if the pension fund does not carry out cross-border activities, the provisions of Article 83 (2) of the Act on the own resources required by the pension fund will not apply until 23 September 2010.
Before the law enters into force, measures may be taken to implement the law.
THEY 152/2008 , StVM 3/2009, EV 8/2009, European Parliament and Council Directive 2003 /41/EC (32003L0041); OJ L 235, 23.9.2003, p. 10-21
This Act shall enter into force on 31 March 2011.
Before the law enters into force, action can be taken to enforce the law.
THEY 273/2010 , StVM 50/2010, EV 299/2010
This Act shall enter into force on 31 March 2011.
However, Article 3 (3) shall apply from 1 January 2011.
Before the law enters into force, action can be taken to enforce the law.
THEY 273/2010 , StVM 50/2010, EV 299/2010
This Act shall enter into force on 31 December 2011.
THEY 71/2011 , TaVM 4/2011, EV 30/2011, Directive 2010 /78/EU of the European Parliament and of the Council (32010L0078); OJ L 331, 15.12.2010, p. 120-161
This Act shall enter into force on 1 January 2013.
The other law provides for the capital of the pension fund, with the entry into force of this Act on the solvency capital of the pension fund.
The maximum amount of the item referred to in Article 83b (2) (8) of the solvency capital of the pension fund may be increased in such a way that the solvency of the pension fund in relation to the average solvency of the pension insurance companies is the same as that of the law when the law enters into force. It was 31 December 2012. The maximum amount raised remains equal to the liability law applicable to the calculation of the solvency threshold until 31 December 2017. Thereafter, the increase in the rate of increase shall be reduced annually by a reduction of 0 % on 1 January 2022.
THEY 9/2012 , StVM 4/2012, TaVL 21/2012, EV 47/2012
This Act shall enter into force on 1 January 2013.
THEY 108/2012 , TaVM 9/2012, EV 98/2012
This Act shall enter into force on 1 January 2016.
THEY 344/2014 , TaVM 30/2014, EV 304/2014, Directive 2009 /138/EC of the European Parliament and of the Council (32009L0138); OJ L 335, 17.12.2009, p. Directive 2011 /89/EU of the European Parliament and of the Council (32011L0089); OJ L 326, 8.12.2011, p. 113., European Parliament and Council Directive 2014 /51/EU (32014L0051); OJ L 153, 22.5.2014, p. 1.
This Act shall enter into force on 1 January 2017.
THEY 279/2014 , StVM 46/2014, EV 305/2014
This Act shall enter into force on 1 January 2016.
THEY 254/2014 , TaVM 34/2014, EV 371/2014
