General provisions
paragraph 1 of the employer's commitment on pensions for workers or
the surviving workers can be safeguarded under this law by special
accounting for pension liabilities or provision of funds to
pension Foundation.
Subject of pension commitment to pension shall be payable only to the extent that
Foundation's funds suggests in addition is without effect and the employer is responsible
for the pledge without regard to the proviso.
Law owns non application of pension commitment made after the
31 december 1966, concerning the right to a pension has been made conditional on the
the worker remains in the employer's service upon entry into the
the age of retirement. Even in such a case, however, owns the law application to commit
Pension started to be deleted.
section 2 Has not other rules on vesting linked to pension commitment,
be deemed to be an employee at every opportunity have earned so much of
committed pension corresponding to the ratio of the number of years
the employee has been in the employer's service and the number of years from
the beginning of the age of retirement. For the purposes of this calculation, however, ignored
from time further back than forty years before pensionable age.
With the accrued portion of committed Board, of course, the capital value of the pension
as the worker earned at the calculation time.
paragraph 3 of the net present value calculation is done on the basis of actuarial
pleas fast turnover of the Government or of the Government authority
determines. Act (1975:1388).
section 4 of the public pension plan includes such general principles for
retirement of workers or workers ' survivors
provides for rules on the protection of the employer's undertaking by
credit insurance, provision to the pension fund under this Act
or other equivalent means and on the workers ' side is approved
of organization which pursuant to lagen (1976:580) if participation in
the workplace is considered as the central workers ' organization.
Law (1976:584).
Special recognition of pension liability
5 § Employer owns in the balance sheet as a liability under the heading Devoted
pensions take up what he as general pension plan committed to
account under this heading.
Limited liability companies, mutual insurance companies, economic association and savings bank
possesses under the heading devoted to pensions account also accrued portion of
the pension commitment as not falling within the scope of the public retirement plan. In the case of
workers, who have control of the company or
Association, or such workers ' survivors, for the duration of the
participation consists, in accounting terms, however, not be
other pension commitment than those included in the general pension plan. To
basis for assessing whether or not a person has dominant influence
Re-insert them his own and his parents ', grandparents ', makes,
avkomlings and avkomlings makes aggregate holding of shares.
Government or authority that Government determines can order what
by way of derogation from the second subparagraph of paragraph 1 shall be applicable even on
other employers than referred to therein. Act (1975:1388).
section 6 With employers ' pension reserve referred to his guilt of commitment
According to the general pension scheme and the accrued part of such a committed Board
as he otherwise own account in accordance with section 5.
7 § Entry devoted to pensions must not be reduced during the employer's
pension reserve in a broader subject than this has coverage in retirement
Fortune.
To the extent that the employer's pension reserve relating to pension commitment, as
is ensured also by the Pension Fund, the pension reserve is considered to be covered by
the Foundation, so far its fortune suggests. Securing Foundation
at the same time undertaking by non-may be included in pension reserves, it is considered
the Foundation primarily cover the accrued portion of such commitment. See
several pension funds that are attached to the same employer and
earn foundations totally or partially to the securing of the same
pension commitments, is considered part of the accrued benefits promised in the first place
covered by the Foundation, which includes a narrow circle of people, or, if
foundations include the same circle of people, of the older Foundation.
To pension fund only in some cases be considered to ensure employers '
commitment under the general pension plan, can be seen from section 10.
section 8 Employers, who willfully or recklessly reduces
the entry devoted to pensions in violation of section 7, agie fined.
8 (a) § If an employer covered by the annual accounts Act
(1995:1554), Act (1995:1559) on the annual accounts for credit institutions and
securities firms or Act (1995:1560) on the annual accounts of
insurance companies reported pension liabilities in the balance sheet,
He instead of giving such a debt referred to in paragraph 5 of the
account the equivalent amount as a sub-item under the heading Provisions
for pensions and similar obligations. By way of derogation from paragraph 5 of the second
subparagraph, and 7 and 8 sections if the entry devoted to pensions also applies
in the case of such a subitem. Law (1995:1619).
Pension Foundation
section 9 With pension Foundation means the employer based Foundation
whose sole purpose is to secure commitment on pensions for
workers or workers ' survivors.
A pension fund shall have a name. The name must contain the word
pension Foundation. Law (1994:1223).
9 (a) the provisions of § § 10 a second-fifth paragraphs,
10 b-10 d sections and section 11 of the fourth and fifth paragraphs, 15 a-15 (e) and
16 (a) of the terms of a retirement benefit plan that secures commitment
on pensions for at least 100 such persons referred to in section 9
the first subparagraph, for which provisions have been made to the
Foundation.
The provisions may be applied by other retirement benefit plans in
accordance with section 31, except in the case of self-employed
securing the Foundation on its own account. Act (2005:1124).
section 10 the employer owns the incorporation order, to
Pension Fund shall cover only certain groups of workers or
survivors.
Foundation is considered non-secure commitment according to the general pension plan without
This is evident from the Foundation's bylaws, agreement between the employer and
those covered by the Foundation or other circumstances.
Foundation owns the non secure commitment to workers or
survivors, referred to in paragraph 5, second subparagraph, second point, above and beyond the call of
which can be regarded as customary for workers with equivalent data
or his survivors.
For the Foundation, which is common to several employers, the Special
bases should be established with regard to the community in assets and liabilities.
10 (a) §/expires U: 2016-01-01/
A retirement Board is responsible for ensuring that
the Fortune is positioned satisfactorily and to
the Foundation's funds are not used for other than the Foundation's
purposes.
For such a pension fund referred to in section 9 shall in respect
If the placement of the Fortune instead of first paragraph
the provisions of the third-fifth paragraphs shall apply.
Pension Fund to place assets in such a way
to appropriate risk diversification can be achieved. The assets to be placed at
the way in which the best interests of the Foundation's
purposes and also otherwise prudently. Of the assets
, no more than
1. five per cent consist of shares and other securities
treated as shares, bonds and other
debt securities, if the securities or debt securities
issued by the employer, and
2.10% consist of the assets referred to in 1 and
issued by companies in a group of issuers or
borrowers with so interconnected as described in Chapter 6. section 15
Insurance Act (2010:2043), wherein the employer is included.
Restrictions in the third paragraph 1 and 2 shall not apply to such
Swedish State assets or a foreign State is responsible
for.
With regard to the use of options and futures contracts or
other similar financial instruments to pension fund
application of Chapter 6. 32 § insurance law and regulations
given pursuant to the provisions of Chapter 6. 34 § 10
the same law. Law (2010:2045).
10 (a) §/comes into force: 2016-01-01/
A retirement Board is responsible for ensuring that the Fortune is positioned satisfactorily and to the Foundation's funds are not used for other than the purpose of the Foundation.
For such a pension fund referred to in section 9 (a) shall, in the case of placement of the Fortune instead of the provisions of the first paragraph in the third-fifth paragraphs shall apply.
Pension Fund to place assets in such a way that appropriate risk diversification can be achieved. The assets to be placed on the way in which the best interests of the Foundation and also otherwise prudently.
Of assets, no more than 1. five per cent consist of shares and other securities treated as shares and debt securities, of securities or debt securities issued by the employer, and
2.10% consist of the assets referred to in 1 and issued by companies in a group of issuers and borrowers with connected clients, wherein the employer is included.
With such a group means two or more natural or legal persons constitute a whole of risk because one of them has direct or indirect ownership influence over one or more of the others in the group or because they stand in such a relation is so interconnected that any or all of the other might encounter in payment difficulties if one of them hit by financial problems.
Restrictions in the third paragraph 1 and 2 shall not apply to such assets as the Swedish Government or a foreign State is responsible for.
Options and futures contracts or other similar financial instruments may be used to reduce the financial risk of a retirement benefit plan or to otherwise improve the effectiveness of the management of the Foundation's assets. Pension Foundation
to apply the measures notified pursuant to the provisions of Chapter 6. 14 § 3 insurance business Act (2010:2043) for the use of derivative financial instruments, except when regulations concerning the streamlining of the management of debts. Law (2015:708).
10 (b) § A pension fund referred to in section 9 shall establish
and follow investment guidelines. Such guidelines shall
include the principles for the location of all assets.
Government or authority the Government determines may
announce details relating to what guidelines should
contain.
At the latest when the investment guidelines are starting to be used, they shall be given
the Swedish financial supervisory authority (finansinspektionen). Pension Fund shall, at the same time
submit a description of the impact of the guidelines
on the Foundation and those covered by the Foundation.
Government or authority the Government determines may
announce details relating to what the report shall
contain.
The provisions of the second paragraph also applies when you change
investment guidelines. Act (2005:1124).
10 c § Board shall determine the investment guidelines under
10 (b) §. The Board is responsible for ensuring that the guidelines are adhered to and shall
continuously consider whether they need to be changed. Act (2005:1124).
10 d § pension fund referred to in section 9 (a) shall provide to the
persons referred to in that provision to provide the information
needed on the Foundation and its activities. An employer shall
to the persons referred to in section 9 (a) give the information
needed for pensions and the agreements on which it is
because of pensions.
Government or authority the Government determines may
announce details relating to the information that a
Pension Fund shall provide. Act (2005:1124).
section 11 of A pension fund shall not accept a claim against
the employer. Agreements contrary to these are invalid.
The Foundation may, however, lend funds to the employer, if it
asked by collateral for the loan or the regulator
admits it.
A Foundation shall not accept property from the employer on
conditions, which significantly limits the Foundation's right of disposition
over the property. Nor may a foundation founded
of the Corporation, without the regulatory authority approves it, own
shares in the company or in the company which stands in such a relationship
This referred to in Chapter 1. section 11 of the companies Act (2005:551).
If a pension fund is intended to secure commitment
on pensions for workers and workers ' survivors in
companies that are small undertakings within the meaning of chapter 56. 2 and 3 sections
the income tax Act (1999:1229) shall, in the case of ETF's
right to make loans and provide security, the provisions of 21
Cape. 1-9 and 11 sections and 30 Cape. paragraph 1 of the companies act shall apply.
A pension fund referred to in section 9 may take up or take over
cash loans only to meet temporary
cash requirements, provided that the total
borrowing is trivial with respect to the trust's
scope.
A pension fund referred to in section 9 shall not provide security
for third parties. Act (2005:1124).
section 12 of the Pension Fund are not committed Board. Such commitment is
invalid.
13 § Pension Fund owns for the employer's Bill pay
pension post or else referred to in section 14 only if it is adopted, that
the eligible otherwise not receive payment by the employer without
significantly delay, or if the supervisory authority for special case admits
it.
section 14 of the employer owns from pension Foundation make up for
what he gave as
a) pension record, contributions to pension insurance or other
expenditure in connection with retirement,
b) engångsunderstöd to workers by prolonged inability
to work due to illness, incapacity or other but or at
departure from service due to age and achieved
engångsunderstöd to the survivors to the worker's death
expenditure for insurance of such support.
In addition, it owns the employer reimburse themselves for stringent
described under the heading devoted to pensions for
fulfilment of the provision in the public pension plan.
Remedy under this section shall not refer to expenditure or
accounts for other workers other than those covered by
the Foundation's purpose, or such workers ' survivors.
In the case of compensation for the value of the right to a retirement pension
transferred to the European communities concerning paragraph 7 of the law
(2002:125) on the transfer of the value of the pension rights to
and from the European communities. Law (2002:126).
section 15 Remedy is made from a surplus of capital. Such
surplus exists when retirement assets,
valued in accordance with Chapter 3. paragraph 3 of the Foundation Act
(1994:1220), exceeds the debt incurred by the Foundation, as well as
the accrued portion of the committed Board, secured by the Foundation,
or, if the Foundation secures benefits General
pension plan, pension reserve according to this.
For expenditure, as referred to in paragraph 14 (a)) and covered
of the Foundation, owns the employer reimburse out of the
This year's return, although the Foundation does not have a surplus of
capital.
Compensation may cover current expenses or expenses
the employer had during the last financial year.
Calculates the employers at the income tax its income
on an accrual basis, should redress refer to cost
instead of expense.
Remedy for fee to insurance for General
supplementary pensions may relate to that part of the fee that may be considered
refer to the salary or other compensation to the person which
covered by the Foundation. Law (2011:1301).
15 AOF A pension fund referred to in section 9 shall undertake
Mission to Sweden from secure commitment to pension to be
carried out in another country within the European economic
area (cross-border activities).
Act (2005:1124).
15 (b) § every time a pension fund undertakes a mission to
engage in cross-border activity as referred to in section 15 shall
Foundation leave a special notice to
The Swedish financial supervisory authority. The notification shall indicate
1. the employer shall make payments to the
Pension Fund, and
2. the main content of the agreements to be
form the basis for assurance. Act (2005:1124).
15 c § financial supervisory authority shall, if the circumstances
specified in the second subparagraph are met, within three months from the
to a notification under section 15(b) received leave message
If the notification to the competent authority of the country in which
the cross-border operations are intended to be carried out.
A notification referred to in the first subparagraph shall be provided, unless
There are reasons to question that
1. pension Foundation's organisation is efficient,
2. pension Foundation's financial situation is
satisfactory in view of the planned operations
nature and extent of the risk, and
3. the representative of the Pension Fund has sufficient
skills and otherwise suitable to lead the
cross-border activities.
The financial supervision authority shall, at the same time as the leave message
referred to in the first subparagraph shall inform the pension fund that
the message is left.
If the financial supervision authority, on the occasion of such a message
referred to in the first subparagraph, must know what
operating rules applicable in the country where the
the activities to be carried out, the inspection shall notify
Pension Fund if the cross-border activities
may begin after the Foundation received the notification
from the Swedish financial supervisory authority, or in any case two months after
to the competent authority of the country in which the
cross-border activities to be carried out has received
message inspection as referred to in the first subparagraph.
If the financial supervision authority finds that the conditions for
engage in cross-border activity does not exist, the
the Inspectorate may refuse to provide the notification referred to in the first subparagraph.
The decision shall be taken within three months from the date of a
notification under section 15 (b) was received. Act (2005:1124).
15 d § if any of the conditions specified in a
notification under section 15(b) is amended since the
cross-border activities have been initiated, shall
Pension Fund shall inform the financial supervision authority at least one month
before the change is implemented.
If the financial supervision authority finds that the change should not be made,
the inspection shall communicate a decision on it within one month from the
that disclosure came in for inspection. Act (2005:1124).
15 e § If another country within the European economic
area has provisions whereby additional
restrictions for a retirement location of assets
In addition to the 10 a section-fifth paragraphs, the
Foundation doing business there at the request of the
country apply also the provisions. Act (2005:1124).
section 16 of the members and alternate members of the Foundation's Board of Directors is chosen to equal
number of the employer and the workers covered by the Foundation's
purposes. Elections take place for a period of three years, if the bylaws provide for non-
other things.
Guarantee pension commitment on pensions for such employees
or survivor referred to in paragraph 5 of the second paragraph, second paragraph, appoint
Chairman of the Supervisory Board. In other Foundation owns
the members of the Management Board shall appoint the Chairman. The choice must fall on a member or
outsiders. Members may not agree on who should be President,
He is to be appointed by the supervisory authority.
The Board is a quorum, when the number of those present at the meeting are
at least half of the total number of Board members. Of the members shall
as many present from either side. That the Board's decision on the
opinion on which most voters unite itself. In the event of a tie
at the request of the Board of Directors appoints supervisory authority outside that
participate in the ruling.
16 AOF a member or alternate member of the Board of Directors of such
Pension Fund referred to in section 9 shall have the insights and
the experience must be required to participate in the management of
such a pension nor otherwise be appropriate for
task.
By section 11 of the Act (2014:836) on disqualification, it follows that the
have the disqualification should not be a member or alternate member of the
the Board of Directors of a retirement benefit plan. Law (2014:837).
section 17 of the representatives of the employees of the retirement Board
elected at the meeting with the workers. Belongs to more than three
quarters of workers the same trade union or similar
Association, the latter may, however, choose the representatives. Belong to the same number
of the employees of two or more such compounds, these may choose
the representatives. At election time, it ensured that various professions among
employees will be represented in the Board as appropriate.
The Management Board shall, in good time before the end of the parliamentary term to inform
the employer and the workers of their right to appoint members
and, where appropriate, announce a meeting. Law (1994:1223).
section 17 (a) provisions relating to accounting and other accounting for a
Pension Fund can be found in the accounting Act (1999:1078) and
the Swedish annual accounts Act (1995:1554). Law (1999:1085).
17 (b) § If the statutes do not say anything else, the employer shall designate
accountant. The authority shall appoint a special auditor, when it
There is a reason for it. The auditor's report must accompany the
the Board's annual report, which shall be sent to the supervisory authority
within six months after the end of the financial year. Law (1994:1223).
section 18 member of the retirement Board and Auditors in such
Foundation owns collect reasonable fees of the Foundation for its mission
and reimbursement of costs and expenses.
18 (a) § the provisions of Chapter 5. 1-3 sections, section 4 of the first-third paragraphs
and section 5 of Chapter 9. the first and second subparagraphs of paragraph 6 of the Foundation Act
(1994:1220) shall also apply in the case of retirement benefit plans. What
as indicated in Chapter 5. paragraph 1 of the Foundation Law of breach of
the provisions of the foundation settlement or in Foundation law shall
in doing so, rather than refer to breaches of the pension Foundation
current regulations or the provisions of this law. At
application of Chapter 5. section 4 of the Foundation Act, with founders referred to
the employer. Law (1994:1223).
section 19 of the Pension Fund shall enter into liquidation, if
(a)) the Foundation's funds for some considerable time been totally inadequate for
its purpose,
(b)) means the Foundation no longer can be considered necessary for its purposes,
c) employers become bankrupt,
(d)) the employer ceases to trade or business without foundation
relating thereto are transferred to the other in accordance with the provisions of section 24.
Retirement claim against the employer is in liquidations
immediately due, if not the regulator admits
that claim may be paid over the course of time, not exceeding three years.
section 20 of the Liquidation is handled by the Pension Board of the Foundation,
thus presents the proposal for allocation of the Foundation's
funds. The proposal shall be held available at the workplace and
immediately be sent to the Association referred to in section 17 of the first
paragraph.
The claim on pension or other compensation
from the Foundation owns in regulator reporting censure against
proposal for distribution within one month of the date of
the proposal was made available at the workplace. For the damage, as the
added creditors, responsible Board members after
the grounds provided for in chapter 29. 1, 5 and 6 of the companies act
(2005:551). Law (2005:553).
section 21 Since funds at liquidation set aside for the debt
Pension Fund self sustained, pay overdue Foundation
pension amount.
The remaining funds were used primarily to the purchase of insurance for
employee and dependant's pension claims or, if
the supervisory authority permit, the payment of such claims. In other
hand used the funds to support to workers and their survivors.
Such support shall not exceed a reasonable pension for workers with
the corresponding antällningstid and employee benefits. Would also
then the funds remain in the Foundation, these were used for charitable
or other utility purposes which the supervisory authority determines.
Sufficient funds to meet the Foundation's non to debt because of
pension commitment is secured by the Foundation, shall apply to the distribution
the pleas relating to the dividend out of business.
section 22 is no longer subject to
retirement purposes, or exceed Foundation
capital substantially what may be necessary to
meet the purpose or appear otherwise special reasons
to change the content of the Foundation's bylaws, the
the supervisory authority upon application by the Foundation to decide if
change. The decision may involve the merging of two or more
foundations. Law (2009:246).
Cessation of business activities, etc.
section 23 If a trade goes over from an employer to
another, and it is agreed that the responsibility for a
pension commitment will be moved over to the successor, the
consent to the transfer shall be obtained from the holder of the
pension claim. The supervisory authority may allow the consent
do not have to be obtained, if the successor may be considered good for
pension commitment. A consent is not required for conversion
According to Chapter 8. Savings Bank Act are amended (1987:619).
If the law has given special
provisions concerning the procurement of a creditor's rights at
Fusion, on these instead of the rules laid down in the first subparagraph.
A holder of a pensionsfordran need not, however, be
be notified or called in accordance with Chapter 23. 19, 22 and 32 sections and
24 Cape. 21 and 24 of the Swedish companies Act (2005:551) or according to
12 Cape. 10 and section 14 of the law (1987:667) about cooperative entities,
If the regulator admits it. The same applies in the case of
profit distribution in accordance with Chapter 20. 30 §, reduction of the share capital
According to Chapter 20. section 23 and the reduction of the reserve fund under 20
Cape. 35 § 3 of the companies act.
Responsible for the pension commitment thus being migrated, it is considered
the pledge shall have the same legal effect as if the employee had been
an employee of the successor from the date of the employment of
representative. After the migration process is the representative free of
responsibility for the pledge. Law (2008:2).
24 § Hear pension fund to his predecessor's business activities, determines
the supervisory authority, taking into account the Foundation's purpose determination, if
and the conditions under which the Foundation shall be transferred to the successor.
Have Foundation capital surplus, decides the regulator for
What purpose it may be used.
If there are special reasons, own supervisory authority order
the Foundation after the transfer shall cover only those who held the claim
on board against his predecessor.
section 25 Stops employers with business activities but that the responsibility for
pension commitment devolved on the other, he must safeguard the accrued part
the pension commitment by buying insurance in so far as the
eligible non-catered to according to the provision in paragraph 21.
However, this does not, if the commitment is covered by credit insurance or
the regulator admits exceptions.
Pension insurance, referred to in the first subparagraph, shall be signed by a
opportunity or, if the regulator admits that, on several occasions
for some period of time, up to three years.
If the holder of the pensionsfordran barge on which the application is based on performance
referred to in the first subparagraph, in respect of the actions and claims brought by the Trade Union or other
similar groups which may be considered to represent the group worker
belongs to.
section 26 Have holders of pensionsfordran, such as an employee of the employer
with part of joint pension fund, made the service of other
employers with part of that Foundation, and it has later assumed
responsibility for pension claim, own the Foundation with the consent of
the regulator reduce the percentage of the Foundation with accrued
part of the claim and increase the successor's share accordingly.
As regards the legal effects of the pension provision in own utfästelsens
section 23 apply mutatis mutandis.
Action referred to in the first subparagraph may be granted only if their interests are not
eftersättas, whose pension claims the common foundation
the task of ensure.
Human resources Foundation
27 § personnel Foundation referred to one of employer based Foundation
for the purpose of promoting such welfare to workers or
arbetagares survivors not relating to pension, remuneration or other
the benefit which the employer is liable to pay to the individual
workers.
The employer owns the incorporation order, that the Foundation shall
include only the specific group of workers or their survivors.
A foundation must have a name. The name must contain the word
human resources Foundation. Law (1994:1223).
section 28 of the Personal Foundation may not hold claims against the employer. Agreement in
battle honour is invalid. In the case of Foundation's right to hold other
access owns the provisions of section 11 apply mutatis mutandis.
section 29 Employer owns for each fiscal year from Foundation staff
indemnify for expenses that he had within the framework of the Foundation's
purposes.
There are additional funds available, has the Foundation of these in
so far the Foundation's Board of directors after consultation with the employer are trying
funds not required for providing redress for the
next three years.
Foundation owns refuse compensation, if the Foundation were forced to give up solid
property used to staff welfare. The Foundation is not either
required to redress refrain from funding required for maintenance
and care of such property.
section 30 of the staff regulations concerning the Foundation owns in 10 AOF, section 15
third and fourth paragraphs, 16--20, 22 and 24 of the equivalent
application.
Since the funds at the Foundation's liquidation set aside for the debt
the Foundation itself may have incurred, the remaining funds were used to
to promote the welfare of those who are covered by the Foundation.
Law (1994:1223).
Supervision
section 31 A pension or Foundation staff is supervised
by the County Administrative Board is the supervisory authority in the county where
the employer is domiciled. Government Announces
regulations on the State Provincial Office which is the supervisory authority
in a County.
The Executive Board of a pension or personal Foundation shall notify
the Foundation of supervision within six months of the
the Board has received his mission. A retirement benefit plan
referred to in paragraph 9(a) shall be notified for supervision
immediately after the contract has been received.
The notification referred to in the second subparagraph should indicate:
the Foundation's postal address and telephone as well as on
Directors ' names, social security number, residential address,
postal address and phone. The notification shall be accompanied by a certified
copy of the documents drawn up by the employer in respect of
Foundation and, if possible, an indication of the size and type
of the Foundation's assets. When a change is entered in
any relation which has previously been notified, shall immediately
be notified to the supervisory authority.
When a retirement business reaches the extent
specified in paragraph 9 (a), to its Board of Directors shall without delay make
a notification to the supervisory authority. The same applies when a
Pension Fund has decided to apply the provisions
laid down in the said paragraph.
The financial supervision authority may, if there are special reasons, after
application from a pension fund whose activities no longer
has the scope specified in paragraph 9(a) or as
no longer would apply those provisions in accordance with
as indicated in paragraph 9 (a) decide that the Foundation
no longer shall apply the rules laid down in the
former paragraph.
The regulatory authority shall maintain a register of notified
foundations.
The regulatory authority shall inform the financial supervision authority of a
the notification referred to in the second subparagraph, second sentence, or fourth
paragraph. The financial supervision authority shall inform the
the supervisory authority if the application referred to in paragraph 5, and if
the decision making nspektionen on the occasion of such a
application.
Government or authority the Government determines may
provide for fees for supervision and registration
According to this law.
Government or authority the Government determines
announce details relating to the tabling of the notifications in
registration dossiers. Law (2009:246).
section 32 authority shall intervene, if it can be assumed that a
pension or personal Foundation is not administered in accordance with the
the existing regulations of the Foundation or this law.
The authority shall give foundations advice and information.
In safeguarding pension and personal foundations applied in
Moreover, the provisions of Chapter 9. 4 and 5 sections, 6 paragraph
and section 7 of the Foundation Act (1994:1220).
For the supervision of the management of certain retirement benefit plans
apply special provisions in sections 34 and 35. Act (2005:1124).
33 § in the case of appeals against decisions of
the regulatory authority under this Act apply 9 Cape. section 11 of the
first – the third and fifth paragraphs Foundation Act (1994:1220).
The tax agency's decision pursuant to section 11 of the third subparagraph,
be appealed to a general administrative court. Leave to appeal
required to appeal to the administrative court. Law (2009:246).
section 34 the financial supervision authority shall exercise supervision over to a
Pension Fund referred to in paragraph 9 (a) be managed in
accordance with the provisions of section 10 (a)-fifth paragraphs,
10 b-10 d sections, section 11 of the fourth and fifth paragraphs, 15 a-15 (e) and
16 (a) sections as well as in accordance with regulations issued under
of any of these provisions. The inspection shall exercise such
supervision over the management of a foundation that supported
by paragraph 9 (a) decided to apply the rules.
The financial supervision authority shall cooperate with supervisory activities
equivalent foreign regulatory authorities to the extent
resulting from Sweden's membership in the European Union.
Act (2005:1124).
34 AOF the Swedish financial supervisory authority over pension Foundation
referred to in paragraph 34 shall also include the suitability
in
1. the Foundation's credit rating procedures, and
2. the Foundation's use of references in
investment guidelines to credit ratings issued by
a credit rating agency. Law (2014:1016).
35 §/expires U: 2016-01-01/
The financial supervision authority shall inform the remarks in question
If a retirement management Inspectorate considers
needed.
The financial supervision authority shall submit to the Pension Fund, or
the Board of Directors to take correction, if the inspection finds that
1. derogation from any of the provisions referred to in
paragraph 34,
2. investment guidelines are no longer satisfactory
in view of the extent and nature of
the Foundation's management, or
3. the Foundation uses inappropriate rating procedures
or references in the investment guidelines for credit rating
issued by a credit rating agency.
If the FSA deems that a Foundation manages
funds allocated to the Foundation on behalf of the persons referred to in
paragraph 9 (a) in such a way that these
people's interests are threatened, the supervision authority may decide to
appoint a special representative to attend all or part of the
the operation of the Foundation.
The FSA may also limit the pension Foundation
right of use or prohibit Foundation to dispose of
their assets in Sweden, if it is deemed necessary for
to protect the persons referred to in the third paragraph.
The financial supervision authority may decide how the pension fund should
managed by such a decision.
With regard to the Board's obligation to provide information and
keep assets and documents available for review
and as regards supervision should provisions of 14
Cape. § 5, paragraph 6, 7 § 1, section 13, first subparagraph
first sentence, and second paragraph, section 16 and 16 Cape. 6, 12
and 25 of the insurance business Act (2010:2043) and
regulations issued pursuant to chapter 14. section 18 of the same law
shall apply mutatis mutandis. Law (2014:1016).
35 §/comes into force: 2016-01-01/
The financial supervision authority shall notify the complaints in the case of a retirement management Inspectorate considers necessary.
The financial supervision authority shall submit to the pension fund or Board to take correction, if the inspection finds that 1. deviation occurred from any of the provisions referred to in paragraph 34, 2. investment guidelines are no longer satisfactory in view of the extent and nature of the Foundation's management, or 3. the Foundation uses inappropriate rating procedures or references in the investment guidelines to credit ratings issued by the credit rating agencies.
If the FSA deems that a Foundation administers the funds allocated to the Foundation on behalf of the persons mentioned in paragraph 9 (a) in such a way that their interests are threatened, the supervision authority may decide to appoint a special representative to attend all or part of the operation of the Foundation.
The FSA may also limit the pension Foundation's legal control or prohibit the Foundation to dispose of their assets in Sweden, if it is deemed necessary to protect the persons referred to in the third paragraph.
The financial supervision authority shall decide on the Pension Fund, to be managed by such a decision.
With regard to the Board's obligation to provide information and keep the assets and documents available for inspection and supervision in addition to the provisions of chapter 17. § 5, paragraph 7, section 8 1, section 13, first subparagraph, first sentence, and second paragraph, section 29 and 18 Cape. 9, 15 and 27 of the insurance business Act (2010:2043) and regulations issued pursuant to chapter 17. section 30 of the same Act shall apply mutatis mutandis. Law (2015:708).
36 § Decision by the Swedish financial supervisory authority under this Act may be appealed
to the General Administrative Court. Decisions in the cases referred to
in paragraph 5 the Administrative Procedure Act (1986:223) may, however,
not subject to appeal.
Leave to appeal is required in the case of appeal to the
the Administrative Court of appeal.
The inspection may provide that a decision on the injunction or
of management referred to in the fourth paragraph of section 35 shall apply
immediately. Team (2013:83).
37 repealed by law (2013:428).
Transitional provisions
1987:624
This law shall enter into force on 1 July 1987.
What that in paragraph 23 about fusion under 12 Cape. section 6 of the Act
(1987:667) on cooperative societies applied only after the end of the year
1987.
1990:356
This law shall enter into force on 30 June 1990 and shall apply as from
January 1, 1991.
1994:1223
1. This law shall enter into force on 1 January 1996.
2. The new provisions of section 17 (a) shall apply the first time from
and with the financial year commencing after the end
by the year 1995. This fiscal year will be truncated if necessary
the Foundation shall have a fiscal year which is consistent with the
new provisions.
3. As regards the obligation on the Board to pay compensation on
because of acts or omissions found in the time before
entry into force applied section 6 of the Act (1929:116) on the supervision of
foundations.
4. A pension or personal Foundation shall carry out their obligations
According to section 14 of the law (1929:116) on the supervision of foundations in terms of the
fiscal year that ends at or after the end of the year
1995.
1995:1619
1. This law shall enter into force on 1 January 1996.
2. The new provisions shall, in respect of employers who
subject to the Act (1995:1559) on the annual accounts for credit institutions and
securities companies and the law (1995:1560) on the annual accounts of
insurance companies, applied for the first time in the case of the
fiscal years beginning after december 31, 1995.
In the case of employers, which is covered by the annual accounts Act
(1995:1554), the new provisions shall apply for the first time in
respect of the financial year commencing after december 31,
1996.
3. In the context of the new provisions to be applied shall
What has been allocated to the record set aside for pension allocated to a
such a subheading referred to in section 8.
1995:1689
This law shall enter into force on 1 May 1996, but does not apply in the case
where the first decision in the case taken before that.
1998:307
1. This law shall enter into force on 1 July 1998.
2. A Foundation that at the date of entry into force of the law is already
registered shall, not later than 31 december 1998 report such
details of the personummer referred to in section 31 in its new version.
1999:1085
This law shall enter into force on 1 January 2000 and shall apply
the first time for the fiscal year that begins after the
31 december 1999.
1999:1239
This law shall enter into force on 1 January 2000. Older provisions
still applies in the case of loans and provision of security
refers to the time before the entry into force.
2003:680
This law shall enter into force on 1 January 2004. Older regulations
in section 33 is still valid for appeal of decisions
granted prior to the entry into force.
2005:1124
1. This law shall enter into force on 1 January 2006.
2. A pension fund referred to in paragraph 9 (a) and
available at the time of entry into force shall, not later than 31 January 2006
be notified to the regulatory authority for supervision.
The authority shall inform the financial supervision authority of a
such notification.
2008:2
This law shall enter into force on 15 February 2008. Older
rules on the listing of and notice to holders of
staff pensions, however, when mergers where the merger plan
or merger agreement is established before the entry into force.
2009:246
1. This law shall enter into force on 1 January 2010.
2. Older provisions apply in the case of appeal against
regulator's decision pursuant to section 22 of the first subparagraph, if
the decision has been communicated before the entry into force.
3. A matter which the supervisory authority pursuant to section 22 of the other
subparagraph is subject to the Government prior to the entry into force and
as at the time of entry into force are still pending to be processed
According to the older provisions.
2013:83
1. This law shall enter into force on 1 July 2013.
2. Older regulations applies to decisions given
before the entry into force.
