Amendments To The Cabinet Of Ministers Of 27 May 2003, Regulations No. 272 "provisions Of The State Funded Pension Scheme"

Original Language Title: Grozījumi Ministru kabineta 2003.gada 27.maija noteikumos Nr.272 "Noteikumi par valsts fondēto pensiju shēmas darbību"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/173766

Cabinet of Ministers Regulations No. 248 in Riga 2008. on 8 April (pr. No 22 13) amendments to the Cabinet of Ministers of 27 May 2003, regulations No. 272 "provisions of the State funded pension scheme" Issued under the State funded pension law article 3, third paragraph, the second paragraph of article 5, article 10, first paragraph, point 5, second subparagraph, and article 11, third and sixth and article 13 of the sixth and seventh subparagraph 1. make Cabinet 27 May 2003, the provisions of the "rules on no 272 State funded pension scheme" (Latvian journal , 2003, no. 82; 2004, nr. 81; 2007, nr. 45) the following amendments: 1. express the point 2 as follows: "2. the Agency shall be established by the management and the investment plan of choice and change, as well as with the accumulated pension capital funded old-age pension calculation (translation) in the application of related samples."; 1.2. make paragraph 8 by the following: ' 8. To register for participation in the scheme, the provisions referred to in paragraph 4, the Parties shall submit to the Agency an application for funds management and investment plan. The Agency shall, not later than 30 working days from the date of registration sends them a notification of registration for participation in the scheme (except when the scheme member has submitted the application to the Agency for the abandonment of the receipt of such information). "; 1.3. supplement with 8.1 and 8.2 of chapter II paragraph by the following: "3. This provision and 8.1 (4) the persons referred to in the application for the management and investment of choice or change of plan is entitled to submit to the Agency, established in the Republic of Latvia (hereinafter – the bank), where the bank has concluded an agreement with the Agency for providing such a service. Accepting the application, the bank shall identify the applicant and received submissions in paper form shall transfer to the agency within two working days of receipt. 8.2 the Bank shall have the right to receive the data submissions put to the Agency electronically, if required by the bank and the mutual agreement of the Agency. In this case, the bank received submissions, data transfer to the Agency on the working day following the receipt of the application to the bank. The adoption of data in electronic form does not relieve the Agency of the State funded pension law article 10 the third paragraph of the lead. " 1.4. the express section 14.3. by the following: "14.3. other payments (excluding this provision referred to in paragraph 14.2.) of the investment funds of the plan, indicating what type of payment is, and include the following indication:" This information is intended to provide current and potential State funded pension scheme members a general insight into the total costs, which they have to bear with this investment plan '. "; 1.5. to supplement the provisions of the following paragraph in the 18.1.10: "18.1.10. information on single services related to occupational pension schemes, the management of the funds and what the funds Manager plans to put (delegate) to other persons;" 1.6. to complement the 18.3. section follows the words "certificate number" with the words "certified auditor of the company or firm, registration number and license number"; 1.7. to replace the words "in paragraph 16.3. five" with the number "15"; 1.8. to replace the words "paragraph 28.2 five" with the number "15"; 1.9. to make 32, second sentence the following wording: "the Agency shall ensure that each agency Department for any member of the scheme after it has a chance to check out the request with this rule 33 and 33.1 of the information referred to in points, as well as with the report on the operation of the scheme."; 1.10. to make 33 as follows: "To ensure the Agency 33. scheme members with the information necessary for a decision on the selection and management of change, the Treaty lays down that each funds Manager shall prepare and submit to the Agency all its management: 33.1. existing investment plans prospectus (also in the new version, if you changed the name of the investment plan-policy or maximum payments for investment plan administration); 33.2. the reports of all the features of the Manager's investment plan last quarter's results, which include the following information: the name 33.2.1. Management, legal address and the name of the investment plan; 33.2.2. brief description of the investment policy; 33.2.3. investment plan part of the value (in dollars) at the beginning and end of the quarter and value changes (increase or decrease (percentage)) quarterly, half-yearly and the last 12 months, as well as from investment plan start date; 33.2.4. investment funds of the plan, the total amount (in LCY) at the beginning and end of the quarter; 33.2.5. investment plan result comparison with industry average results and other relevant investment plan corresponding to the indicators in comparison; 33.2.6. reviewed the quarterly analytical evaluation of results, showing why the results of these images different from the industry average and other appropriate investment plan corresponding comparative indicators; 33.2.7. Management's assessment of the investment plan for the current financial market developments in the near future and their potential impact on the results of the investment plan in the coming quarters; 33.2.8. investment portfolio composition (in percentage) at the end of the reporting quarter after asset types and geographical distribution of the investment if it is invested outside Latvia; 33.2.9. investment portfolio the 10 largest investments (in percentage) at st vokļ 's in the end of the reporting quarter; 33.2.10. management costs that are paid from the assets of the investment plan; 33.2.11. if need be, any other relevant information you need to know the members of the investment plan, to be able to objectively assess possible investment plan quarterly results, as well as a variety of technical information. " 1.11. to complement the chapter III with 33.1 point as follows: "for the Agency to ensure that the scheme is 33.1 members with the information necessary for a decision on the selection and management, the Commission shall, in accordance with the Treaty of mutual cooperation and each manager shall submit to the Agency a signed receipt for funds managers in preparing reports for the State funded pension scheme management, prepared according to the requirements defined by the Commission, on the situation on March 31. , 30 June, 30 September and 31 December, as well as the investment plan audited annual accounts. "; 1.12. replace 34. in the third sentence of paragraph numbers and the words "35, 36, 37, 38, 39, 40, 41, 42, 43 and 44" with numbers and words "35, 36, 37, 38, 39, 24.3, 40, 41, 42, 43 and 44, paragraph 43.1."; 1.13. supplement with 24.3 points as follows: "If the funds Manager served 24.3 it investment plan managed by another management: 39.11. funds Manager that wants to put the investment plan, no later than six months before the start of the transfer of the investment plan submitted to the Agency: 39.11.1. submissions, indicating the investment plan and the new name of the management, as well as the meaning of important management information; 39.11.2. the agreement on the investment plan the transfer of assets between the funds managers; 39.11.3. investment plan approved by the Executive Board in the calendar of the transfer plan; 39.12. the Agency shall, not later than 15 working days from the date of receipt of the application, the provisions referred to in paragraph 39.1 1. documents and, if they meet the requirements laid down in these provisions, shall send the documents to the Commission; 39.13. Commission competence shall examine received documents and not later than 15 working days after receipt thereof and shall forward to the Agency the investment plan you transfer funds managers involved in reconciliation or motivated refusal of reconciliation, if not complied with the requirements set out in these rules; 39.14. fund managers no later than 10 working days after the receipt of the consent of the Commission under this provision, paragraph 28 procedure prepare and submit amendments to the contracts concluded by the Agency of the State funded pension scheme management, as well as new custody agreement (three copies); 39.15. the Agency a custodian contract registration in the Commission and the conclusion of the contract fucking amendments to inform both managers of funds on the date on which the Agency permission to start the transfer of the investment plan. The new funds Manager one day after the completion of the transfer of the investment plan submitted to the Agency and the Commission in writing of the completion of the transfer of the investment plan, signed by both fund managers and custodian, if the custodian has not changed, or both a custodian, if the custodian is changed. The transfer of the investment plan considered complete with proof of receipt of the Agency; 39.16. the Agency shall, not later than five working days after this provision referred to 39.15. investment plan will receive a NASA certificate of transfer sent to the members of the scheme, which the investment plan to the new management, the communication on the transfer of the investment plan for the management and the other on the right change management or investment plan; 39.17. the Agency should have the right to request the investment plan of the outside round report, prepared in accordance with the State funded pension scheme regulations governing, and the auditor's opinion. "; 1.14 make 40 as follows: "The scheme participants 40. occupational pension funds which the management or a change in the investment plan submitted to the Agency no later than two months from 35.2. these provisions, 36.3.,.,., or 39.16 24.4 37.3. notification referred to the date of dispatch, the Agency shall, not later than 15 working days after the date of receipt of the application, shall be transmitted to the regulatory scheme participant in equestrian at the selected funds Manager including occupational pension scheme membership indicated capital investment plan account custodian. "; 1.15. supplement with 43.1 points as follows: "The scheme participants funded 43.1 of the pension funds, which the application for investment or management changes at the Agency have not submitted within two months from 39.16. This provision referred to the date of dispatch of the notice, continue to manage the funds Manager, who manages the investment plan". 1.16. Express 44 "by the following: 44. If a scheme member application for management or investment changes received later than two months from this rule 35.2, 36.3.,.,., or 39.16 24.4 37.3. referred to the date of dispatch of the notice, the application to the Agency shall be executed in accordance with the rules referred to in paragraph 34. "; 1.17. replace paragraph 45 of the numbers and the words "7.1.,.,., 37.3 22.6 21.9. in" or 24.4 with numbers and words "7.1, 35.2.,.,., 24.4 37.3 36.3. in subparagraph"; or 39.16. 1.18. Express 46 and 47 paragraph by the following: "46. Contributions schemes are recorded in the account of a participant: 46.1. based on: 46.1.1. report on employer payments from workers ' earned income for the reference month (month for which due to make payments) and the news of workers; 46.1.2. the self-employed, domestic workers at the employer's alien and foreign workers at the employer's alien's report on mandatory contributions reporting quarter (quarter, for which due to make payments) and the State revenue service made for mandatory contributions; 46.1.3. Ministry submitted the list of persons for whom the reference month to payments from the State budget, as well as to existing information held by the Agency on the relevant benefits, pensions and compensation granted for the reference month; 46.1.4. The Ministry of Justice or the Prosecutor General's Office report on mandatory contributions for persons reporting month, which cognitive authority, Prosecutor's Office or court illegal or unjustified action, has suffered a loss; 46.1.5. account statement on voluntary contributions made; 46.2. not earlier than a month following the report of the fourth month, in the first working day, but not later than 10 working days, if the information. for the reporting month contributions Agency is complete and correct. 47. If the complete and correct information on the reported month contributions Agency are received later than the reported month registration scheme member contributions accounts, re-examine the monthly contributions to the scheme member accounts registered within five working days. "; 1.19. the deletion of 48, 49 and 50; 1.20. Supplement 13. the second sentence of the paragraph with the following wording: "to do business with the funds of the scheme, funds Manager every weekday at 9 a.m. to notify the Agency calculates the period the value of part of the investment plan. The reported investment plan part values are permissible only if the Agency has launched a business that uses the value of the part of the investment plan, as well as the Agency and the management agreement. "; 1.21. replace 55.4 in the words "one week" with the words "five working days"; 1.22. supplement 56.7. subparagraph after the word "and" with the words "avoid any investment plan part registers"; 1.23. replace the third sentence of paragraph 57, the number and the word "with" in paragraph 49 of the number and the word "56"; 1.24 replacing 59.2 in number and the word "56" with a number and the word "51"; 1.25. the deletion of paragraph 62; 1.26. make 63, 64 and 65. point as follows: "63. for each of the Agency member of the scheme provides the following information in the records of the members of the scheme account: 39.2. information that allows to identify the members of the scheme (ID code (persons without a personal code,-other identification number), first name and last name, date of birth); 39.3. presence information schema (the date when you started the membership scheme, and the selected management and investment plan name, the date you terminate participation in the scheme, and the chosen occupational pension cost of capital); 63.3. information on instalments (the amount calculated from contributions, the rate of contribution to the scheme, scheme of contributions paid and the date on which they are registered members of the scheme); 63.4. information on the Agency's administration of the scheme (the scheme applied to the members of the expenditure of the Agency for the administration of the scheme, the rate of expenditure, and the date when these expenses are deducted); 63.5. information on the transfer of contributions funds Manager (the date when the contributions remitted funds Manager, the jaunaprēķināt part of the investment plan and investment plan part value); 63.6. information on such transactions with occupational pensions occupational pensions capital: capital transfer, if you changed the funds Manager, the old-age pension scheme members or dead (separately for each transaction-transaction type, date, management and investment of the plan name, calculated or the deleted parts of the investment plan, part of the investment plan and the pension funded capital). 64. The Agency shall ensure that each Member of the scheme to send the following information: 64.1. not later than five working days after the request of the members of the scheme since the receipt of the account statement of the Member-chosen period of time, but not more than for the last 24 months. Statement of account: 64.1.1. Management and investment plan, a member of the scheme name of the account registered investment plan part number and value, as well as occupational pension capital at the beginning of the year; 64.1.2. information about the scheme during the year in instalments; 64.1.3. details of the Agency's administration of the scheme (the scheme applied to the members of the expenditure of the Agency for the administration of the scheme, the rate of expenditure, and the date when these expenses are deducted); 64.1.4. information on the transfer of funds of the scheme funds managed in the cities (the date when the funds are transferred to the scheme funds Manager, part of the investment plan and investment plan part value); 64.1.5. information on the activities undertaken during the year management or investment plan changes (date, funds management and investment plan name, deleted and calculated investment plan part number of the part of the investment plan and the pension funded capital); 64.1.6. the funds management and investment plan, a member of the scheme name of the account registered investment plan part number and value, as well as occupational pension capital at the end of the year; 64.2. within five working days after the management or investment plan change-notification of transactions, indicating the transaction's start and end dates, previous and new management and investment plan name, part of the investment plan and delete the value and calculated parts of the investment plan, as well as occupational pension funds; 64.3. not later than four months after the end of the calendar year,-account statement of the year, at least the 64.1.1 of these rules and 64.1.6. information referred to in point. 65. This provision of the information referred to in paragraph 64 of the Agency shall send by mail to the members of the scheme declared home address, but the scheme members have the right to choose other means of receipt of that information (from the Agency list) or to opt out of the receipt of the information by submitting the application within the Agency. To this rule 64.3. receipt of the information referred to in the present members of the scheme shall submit to the Agency, the SBA in March 1. "; 1.27. the express, 67-66, 68 and 69 of the following paragraph: "66. The Agency shall, not later than five working days after receipt of the application, the participant of the scheme on the accumulated pension capital funded old-age pension calculation (for conversion) or the receipt of the information on the scheme member's death brings to the management order set off a member of an occupational pension scheme in the capital account specified by the Agency. 67. the Agency shall, within 10 working days of the receipt of the approval of the management of old-age pensions (for conversion) to be used for the calculation of the accrued pension funded capital transfer account specified by the Agency and the relevant track information scheme member account send the scheme participant information about projected old-age pension scheme members that can get, given the unfunded retirement capital in accordance with the law "on State pensions", projected old-age pension scheme members that can get in choosing occupational pension funds add to the unfunded pension funds, and the expected monthly cost, which at the current occupational retirement capital the size of age can receive from insurance companies, if selected for occupational pension funds to buy life insurance (lifetime pensions) policy. At the same time, the Agency shall ensure the scheme member with General information about the order in which the members of the scheme can buy this policy. 68. If a member of the scheme after that provision referred to in paragraph 67 of the lag receive infor requires the calculation of old-age pensions (for conversion) occupational pension funds add to the unfunded pension funds, the Agency shall ensure the appropriate amount of money transfers to the State pension special budget and calculated (recalculated) old-age pension in accordance with the law "on State pensions". 69. If a member of the scheme chosen for occupational pension funds to buy life insurance (lifetime pensions) policy: 69.1. participant of the scheme apply to the selected life insurance society, which after the insurance conditions are drawn up in life insurance (lifetime pensions) project, with their signatures attest to the scheme and the insurance company. Then a member of the scheme of the draft Treaty (three copies) shall submit to the Agency. The Agency shall submit the draft Treaty within six months from the time when the scheme member agency filed an application for an occupational pension, the accumulated capital in the calculation of the old-age pension (conversion); EB 69.2. the Agency shall, not later than 10 working days after this rule 69.1. contracts referred to the receipt of the draft concluded with the members of the selected scheme life insurance company life insurance (lifetime pensions) contract, send the scheme participant and insurance company one by one copy of the said agreement, as well as the transfer of occupational pension scheme of the members of the respective capital life insurance company; If the scheme participant 69.3. after consultation with the insurance companies, however, chooses a pension funded capital add the unfunded pension capital and provide the agency or the relevant application within six months after the submission of the accumulated pension capital funded old-age pension calculation (for conversion) has not made it known to the Agency of your choice for a particular class of assurance society, seen as the choice of the pension capital funded add unfunded pensions are capital the Agency shall act in accordance with the rules of procedure referred to in paragraph 68. "; 1.28. the express 74 as follows: "74. The expenditure of the Agency for the administration of the scheme (direct costs) are covered from the deductions that the Agency collects from the contributions of members of the scheme."; 1.29. supplement with 82 and 83 of the following paragraph: "82. the Agency up to 31 December 2008 provides for the submission of applications for contracts signed in compliance with those provisions 8.1. 83. the amendment to the prospectus of the investment plan of the information contained in this paragraph, 14.3. provisions shall be carried out in conjunction with routine amendments to prospectuses of the investment plan ". 1.30. Replace annex under 2.2 number and the word "45 days" with the words "four months"; 1.31. replace paragraph 4.4 of annex, second sentence, the words "the relevant loss" with the words "the relevant damage"; 1.32. in expressing subparagraph the following Annex 5.1.7. version: "5.1.7. upon request, States occupational pension schemes, investment plan statements of the information given;" 1. replace paragraph 6.2. of the annex, the word "branch" with the word "chapter"; 1.34. Annex 8.3. convey the point as follows: "8.3. If the custodian during the term of the contract in the contract for any reason will be amended or supplemented, management must, not later than three working days after amendment or addition made to submit to the Agency and to the Commission an amendment or addition to one copy, as well as the agreement on the new custodian of the selected choice (with all subsequent amendments and supplements) one copy; "; 1.35. the express) (annex 8.5. second sentence by the following: "management must, not later than three working days from the date the Commission shall submit to the Agency, and with the agreement of the new chosen custodian (with all subsequent amendments and supplements) one copy."; 1.36. the supplement attachment with 13.3 and 13.4. subparagraph by the following: "management of 13.3. every weekday, no later than 9.00 a.m. to provide the Agency with information about the Media Manager in the management, all part of the investment plan, as well as the value of the funds that are received from the previous working day for the Agency, and on funds transferred to the previous working day for the Agency; 13.4. the parties undertake at least every ____ ____ compare Funds Management maintain the investment plan part of the registry data with the respective investment plan part of the register data, as well as to investigate the Agency and, as quickly as possible, but not later than ten (10) working days to prevent any part of the investment plan in the registers of the discrepancy found. "; 1.37. Express attachment 14.1. and 14.2. bottom point as follows: "management of 14.1 to your invoice should be prepared and submitted to the Agency in the following documents: 14.1.1. investment plans prospectus (annex No 1a, 1b, 1 c)-____ __ _____ (____) copies-no later than _____ (__) working days from the moment of conclusion of the contract; 14.1.2. investment plan prospectus for new versions, if changed their investment policy-____ ___ _____ (____) copies-no later than ____ _____ (____) working days from the conclusion of the amendment to the agreement of the moment; 14.1.3. the management report on the investment plans quarterly results-_____ (____) copies-no later than 20 working days after the Commission filed pursuant to the requirements of the Commission to prepare reports on the State funded pension scheme management (for State of 31 March, 30 June, 30 September and 31 December); 14.2. all 14.1. documents referred to funds Manager shall also be submitted electronically to the Agency. "; 1.38. the deletion of Annex 8.9. section. 2. This rule 1.18 1.19 subparagraph and shall enter into force on July 1, 2008.
Prime Minister i. Godmanis Finance Minister a. Slakter States