The term "enterprise annuity fund" as mentioned in these Measures refers to the enterprise supplementary endowment insurance fund formed according to the funds raised by the enterprise annuity plan formulated according to law and the income from its investment and operation. Article 3 An enterprise that establishes an enterprise annuity plan and its employees, as principals, shall sign an entrustment management contract with the enterprise annuity council or the enterprise trustee (hereinafter referred to as the trustee).
The trustee and the enterprise annuity fund account management institution (hereinafter referred to as the account manager), the enterprise annuity fund custodian institution (hereinafter referred to as the custodian) and the enterprise annuity fund investment management institution (hereinafter referred to as the investment manager) respectively signed entrustment management contracts. Article 4 The trustee shall report the entrusted management contract and the entrusted management contract to the administrative department of human resources and social security for the record. Article 5 An enterprise annuity plan can only have one trustee, one account manager and one custodian, and an appropriate number of investment managers can be selected according to the asset size. Article 6 In the same enterprise annuity plan, the trustee and custodian, custodian and investment manager may not be the same person; Where an enterprise that establishes an enterprise annuity plan establishes an enterprise annuity Council as a trustee, the enterprise and the trustee shall not be the same person; The trustee and the custodian, the custodian and the investment manager, the general manager of the investment manager and other investment managers and enterprise annuity practitioners shall not concurrently hold positions.
In the same enterprise annuity plan, if the legal person trustee has the qualification of account manager or investment manager, he may concurrently serve as account manager or investment manager. Article 7 When a corporate trustee concurrently serves as an investment manager, it shall establish a risk control system to ensure the independence of various business management; Establish independent entrusted business and investment business departments, and strictly separate office areas, operation management processes and business systems; The directly responsible senior management personnel and the staff of the entrusted business and investment business departments shall not concurrently hold positions.
In the same enterprise annuity plan, the corporate trustee shall implement unified standards and procedures for all investment managers, reflecting the principles of openness, fairness and impartiality. Article 8 The payment of the enterprise annuity fund must be collected into the entrusted property custody account and transferred to the investment asset custody account within 45 days. The property of enterprise annuity fund is independent of the inherent property of clients, trustees, account managers, custodians, investment managers and other natural persons, legal persons or other organizations that provide services for the management of enterprise annuity fund and other properties managed by them.
Property and income obtained from the management, use or other circumstances of enterprise annuity fund property shall be classified as fund property. Article 9 If the client, trustee, account manager, custodian, investment manager and other natural persons, legal persons or other organizations providing services for the management of enterprise annuity funds terminate liquidation due to dissolution, cancellation or bankruptcy according to law, the enterprise annuity fund property does not belong to its liquidation property. Article 10 The creditor's rights of the enterprise annuity fund property shall not be offset against the debts of the clients, trustees, account managers, custodians, investment managers and other natural persons, legal persons or other organizations that provide services for the enterprise annuity fund management. Creditor's rights and debts of enterprise annuity funds of different enterprise annuity plans shall not offset each other. Article 11 The debts borne by the non-enterprise annuity fund property itself shall not be enforced on the fund property. Article 12 Trustees, account managers, custodians, investment managers and other natural persons, legal persons or other organizations that provide services for the management of enterprise annuity funds must fulfill their duties and fulfill their obligations of honesty, credibility, prudence and diligence. Article 13 Ministry of Human Resources and Social Security is responsible for formulating policies related to the management of enterprise annuity funds. The administrative department of human resources and social security shall supervise the management of enterprise annuity funds. Chapter II Trustee Article 14 The term "trustee" as mentioned in these Measures refers to pension management companies and other legal person trustees (hereinafter referred to as legal person trustees) or enterprise annuity councils that meet the requirements of the state. Article 15 When an enterprise establishes an enterprise annuity plan, it shall be discussed and decided by the workers' congress or the workers' congress, and a legal person trustee shall be selected or an enterprise annuity council shall be established as the trustee. Article 16 The enterprise annuity council is composed of representatives of enterprises and employees. , you can also invite professionals outside the enterprise to participate, including not less than 1/3 of the employee representatives. The Council shall be equipped with a certain number of full-time staff. Article 17 The employee representatives and external professionals in the enterprise annuity council shall be democratically elected by the employee congress, the employee congress or other forms. Representatives of enterprises are appointed by enterprises.
The term of office of directors shall be stipulated in the articles of association of the enterprise annuity Council, but each term shall not exceed three years. Upon expiration of the term of office, directors may be re-elected. Article 18 A director of the enterprise annuity Council shall meet the following conditions:
(1) Having full capacity for civil conduct;
(2) Being honest and trustworthy and having no criminal record;
(3) Having the professional knowledge necessary to engage in law, finance, accounting, social security or serve as a director of the enterprise annuity Council;
(4) Having decision-making ability;
(5) There are no outstanding personal debts.