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On Amendments To The Federal Law "on Non-Governmental Pension Funds" And Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "О негосударственных пенсионных фондах" и отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On amendments to the federal law "On non-state pension funds" and separate acts of the Russian Federation Adopted by the State Duma on July 3, 2013 Approved by the Federation Council on July 10, 2013 (In the wording of the Federal Law from 28.12.2013 N 410-FZ) Article 1 (Russian Federation Council, 1998, No. 2071; 2001, N 7, est. 623; 2003, N 2, sect. 166; 2005, 1755; 2007, N 50, sect. 6247; 2008, N 30, sect. 3616; 2009, N 29, stop. 3619; N 52, sect. 6454; 2010, N 17, sect. 1988; N 31, sect. 4196; 2011, N 29, sect. 4291; N 49, sect. 7036, 7037; 2012, N 47, sect. 6391; N50, sect. 6965), the following changes: 1) (Spanged by Federal Law of 28.12.2013). N 410-FZ) 2) in article 34-1: a) in paragraph 3: to add a new paragraph to the sixth paragraph to read as follows: " by a fund of an administrative offence referred to in Part 10-1 or 10-2 Article 15.29 of the Code of Administrative Offences of the Russian Federation; "; the sixth paragraph is considered to be the seventh paragraph; b) to supplement paragraph 3-1 as follows: " 3-1. A ban on the conclusion of new compulsory pension insurance contracts is introduced (including on the request of the Pension Fund of the Russian Federation) in the case referred to in paragraph 6 of paragraph 3 of this article, for the period prior to submission by the fund in The authorized federal authority of the documents confirming the transfer to the previous insurer under mandatory pension insurance pursuant to Article 36-6, paragraph 5-3 of this Federal Law. "; 3) (expandable-Federal Law dated 28.12.2013. N 410-FZ) 4) in article 36-4: (a) Paragraph 1 of paragraph 3 should be supplemented with the following sentence: " If the previous insurer is returned to the means of pension savings on the basis of the paragraph Article 36-6 of this Federal Law, the compulsory pension insurance contract of the insured person with the insurer is considered to be a prisoner under the terms of a previously concluded contract and becomes effective from the date of admission of the pension savings referred to in paragraphs 5 to 3 of Article 36-6 of the present Federal law, this insurance company. At the same time, the submission to the Pension Fund of the Russian Federation of an application by the insured person to transfer to the fund is not required. "; (b) in the fifth paragraph of paragraph 4, the words" concluded by improper parties "should be replaced by the words" deemed invalid by the court "; (c) In paragraph 5, paragraph 5, the words "concluded by inappropriate parties" should be replaced by the words "considered invalid by the court"; g) paragraph 6-1, amend to read: " 6-1. In the event that, after changes to the single insured person's registry, the compulsory pension insurance contract is null and void, such a contract shall be terminated in accordance with paragraph 7 of Article 36-5 of the present Federal Law. "; 5) paragraph 2 of Article 36-5, paragraph 2, amend to read: " Recognition of the compulsory pension insurance contract is invalid; "; 6) Article 36-6, paragraph 5-3, reading: " 5-3. In the event of the occurrence of the circumstances referred to in paragraph 1 of paragraph 1 of this article, the fund is obliged to transfer to the previous insurer the pension savings covered by the accumulative part of the pension account. of the insured person's employment pension, received by the fund from investing in pension savings income not taken into account in the pension account of the contributory part of the pension of the insured person at the time of transfer of the funds, as well as interest for the improper use of pension savings, defined in accordance with article 395 of the Civil Code of the Russian Federation and the means for the establishment of property to support the statutory activities of the fund derived from the investment income The pension savings of the insured person, within 30 days from the date of receipt by the fund of the relevant decision of the court, and at the same time to notify the Pension Fund of the Russian Federation, which is based on that fund notifications make appropriate changes in the single registry of the insured and notifies the insured person. However, interest for the improper use of the pension savings and the funds intended for the establishment of the property for the statutory activities of the fund shall be paid from the property; which is intended to ensure the statutory activities of the fund and shall be sent to the reserve fund of the previous insurer. The procedure for calculating equipment for the establishment of assets intended to support the statutory activities of the fund derived from the investment of unreasonably acquired pension savings of the insured person and the insured person to be transferred to the previous insurer in accordance with the first paragraph of this paragraph shall be established by the authorized federal authority. ". Article 2, paragraph 2, of Article 13 Federal Act dated December 15, 2001 N 167-FZ" On obligatory pension insurance in the Russian Federation " (Russian legislature, 2001, N 51, p. 4832; 2003, N 1, est. 13; 2007, N 30, est. 3754; 2008, N 18, st. 1942; 2009, N 30, sect. 3739; 2010, N 31, st. 4196; 2011, N 49, sect. 7037; 2012, N 50, sect. 6965) add the following paragraph: " to apply to the authorized federal executive body with a proposal for the introduction of Federal Act No. 75-FZ of 7 May 1998, in accordance with article 34 (1) (1) of the Federal Act. Non-State pension funds ban on the conclusion of new compulsory pension insurance contracts for a non-State pension fund, which carries out compulsory pension insurance and has committed administrative offence under Part 10-1 or 10-2 of Article 15.29 OF THE PRESIDENT OF THE RUSSIAN FEDERATION Administrative Offences (Assembly of the Laws of the Russian Federation, 2002, No. 1, Art. 1; N 30, sect. 3029; N 44, st. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434; N 50, st. 4847, 4855; 2004, N 31, st. 3229; N 34, st. 3529, 3533; 2005, N 1, st. 9, 13, 45; N 10, st. 763; N 13, est. 1075, 1077; N 19, st. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; N 50, sect. 5247; 2006, N 1, sect. 10; N 10, est. 1067; N 12, est. 1234; N 17, est. 1776; N 18, st. 1907; No. 19, sect. 2066; N 23, st. 2380; N 31, st. 3420, 3438, 3452; N 45, sect. 4641; N 50, sect. 5279; N 52, sect. 5498; 2007, N 1, st. 21, 29; N 16, sect. 1825; N 30, sect. 3755; N 31, st. 4007, 4008; N 41, est. 4845; N 43, sect. 5084; N 46, st. 5553; 2008, N 18, sect. 1941; N 20 2251; N 30, sect. 3604; N 49, sect. 5745; N 52, 6235, 6236; 2009, N 7, st. 777; N 23, st. 2759; N 26, st. 3120, 3122; N 29, 100. 3597, 3642; N 30, stop. 3739; N 48, sect. 5711, 5724; N 52, est. 6412; 2010, N 1, st. 1; N 21, sect. 2525; N 23, st. 2790; N 27, sect. 3416; N 30, est. 4002, 4006, 4007; N 31, sect. 4158, 4164, 4193, 4195, 4206, 4207, 4208; N 41, sect. 5192; N 49, sect. 6409; 2011, N 1, st. 10, 23, 54; N 7, st. 901, 905; N 15, stop. 2039; N 17, est. 2310; N 19, 100. 2715; N 23, st. 3260; N 27, est. 3873; N 29, st. 4280, 4298; N 30, est. 4573, 4585, 4590, 4598, 4600, 4601, 4605; N 46, st. 6406; N 48, sect. 6728; N 49, sect. 7025, 7061; N 50, stop. 7345, 7345, 7346, 7351, 7355, 7362, 7366; 2012, N 6, st. 621; N 10, est. 1166; N 19, est. 2278, 2281; N 24, est. 3069, 3082; N 29, st. 3996; N 31, st. 4320, 4330; N 47, sect. 6402, 6403; N 49, est. 6757; N 53, sect. 7577, 7602, 7640; 2013, N 14, st. 1651, 1666; N 19, est. 2323, 2325), the following changes: 1) Article 15.29: a) to be supplemented with Part 10-1 as follows: " 10-1. Non-State Pension Fund submission to the Pension Fund of the Russian Federation of false information in the notification of newly concluded contracts for compulsory pension insurance, as well as fraudulent applications of the insured persons to choose Insurer for mandatory pension insurance and (or) compulsory pension insurance contracts, which entailed wrongful transfer to non-State pension fund of pension savings,- The administrative fine of officials in the amount of 10 thousand to 30 thousand rubles; legal entities-from 300 thousand to 5 thousand rubles. "; b) to supplement 10-2 with the following content: " 10-2. Repeated during the year, the commission of an administrative offence provided for in Part 10-1 of this Article- shall entail the imposition of an administrative fine on officials in the amount of between 30,000 and fifty thousand rubles, or Disqualification for up to one year; for legal entities-from 5,000 to seven hundred thousand roubles. "; 2) in Part 2 of Article 23.1, for the words" Parts 1 to 7, 9 to 11 of Article 15.29 ", replace by the words" Parts 1 to 7, 9, 10, 10-2 and 11 of Article 15.29 "; Article 28.3, paragraph 4, paragraph 4, after the words "article 15.10, paragraph 2," "Parts 10 to 1 and 10 to 2 of article 15.29," Article 4 Paragraph 2 of Article 38 of the Federal Law of 24 July 2002 N 111-FZ On Investment of Funds for Financing of the accumulative part of the pension in the Russian Federation " (Legislative Assembly of the Russian Federation, 2002, N 30, art. 3028; 2005, N 19, sect. 1755; 2009, N 52, sect. 6454; 2011, N 49, sect. 7037; 2012, N 50, sect. 6965), amend to read: " The reserve of the Pension Fund of the Russian Federation for compulsory pension insurance is not included in the individual personal accounts of the insurance premium The accumulative part of the old-age pension at the end of the six months after the end of the financial year, during which insurance contributions were received by the Pension Fund of the Russian Federation, and the net financial result obtained from the temporary Allocation of insurance claims not included in individual personal accounts Contributions to the contributory part of the old age pension, as well as interest for the improper use of the pension fund by the previous insurer on compulsory pension insurance and funds, (a) To provide for the establishment of a fund to provide for the statutory activities of the fund, which are derived from the income derived from the investment of the insured persons ' pension savings improperly obtained. " President of the Russian Federation Vladimir Putin Moscow, Kremlin 23 July 2013 N 211-FZ