Наталья Ключевская
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Банк России своими Указаниями от 23 августа 2019 г. № 5237-У и № 5238-У принял необходимые для запуска программ досрочного негосударственного пенсионного обеспечения (далее – НПО) документы. Речь идет о типовой форме пенсионного договора досрочного НПО и типовых правилах такого НПО.
Документы касаются пенсионных программ, которые работодатели могут создавать для своих сотрудников, работающих в опасных и вредных условиях. Так, типовая форма договора предусматривает установление общих требований к договору между работодателем и негосударственным пенсионным фондом (НПФ). Она разбита на несколько разделов:
общие положения (наименование НПФ и данные работодателя, являющегося вкладчиком);предмет договора (взаимные права и обязанности фонда и вкладчика при осуществлении ими досрочного НПО в пользу работников, занятых на работах с вредными или опасными условиями труда);пенсионная схема;права и обязанности сторон;порядок и условия внесения пенсионных взносов и их размер (такой взнос должен составлять не менее 2% от зарплаты работника, работающего во вредных условиях, 4% – для работника, занятого на производстве с опасными условиями труда);пенсионные основания;порядок, условия и сроки установления и выплаты негосударственной пенсии, а также выплат правопреемникам;порядок и условия доставки негосударственной пенсии, выкупной суммы и порядок оплаты расходов, связанных с доставкой;порядок реализации права участника (правопреемников в случае смерти участника) на соответствующие денежные выплаты при прекращении договора, в том числе в случае реорганизации или ликвидации вкладчика, а также в случае расторжения или прекращения трудового договора с участником независимо от основания);ответственность сторон;заключительные положения;реквизиты и подписи сторон.
В свою очередь, в типовых пенсионных правилах по досрочному НПО должен быть прописан единый детальный порядок обращения за негосударственной пенсией и ее назначения, порядок установления и выплаты выкупной суммы. Также в типовые правила следует включать порядок внесения взносов в НПФ, перечень прав и обязанностей участников программы, описание применяемых фондом пенсионных схем, порядок расчета размера негосударственной пенсии и его последующих корректировок, порядок назначения и выплаты такой пенсии и т. д. Подчеркивается, что пенсионные правила являются внутренним документом НПФ.
В сообщении регулятора, размещенном на его официальном сайте, отмечается, что с принятием указаний Банка России завершен этап формирования нормативной базы для создания программ досрочного НПО. Напомним, ранее постановлением Правительства РФ от 30 декабря 2016 г. № 1554 уже была утверждена типовая пенсионная программа работодателя по досрочному НПО, которая, в частности, устанавливает условия возникновения и порядок реализации прав работников (бывших работников) на получение негосударственной пенсии.
Указания Банка России зарегистрированы в Минюсте России. Они вступят в силу с 9 ноября.
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