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 and its employees shall establish a written contractual relationship with the enterprise annuity Council or the enterprise trustee (hereinafter referred to as the trustee) as the principal, and the trustee shall establish a written contractual relationship with 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 trustee) and the enterprise annuity fund investment management institution (hereinafter referred to as the investment manager) in accordance with the relevant provisions of the state.
A written contract shall be reported to the administrative department of labor security for the record. Article 4 The enterprise annuity fund must be deposited into the special account for enterprise annuity. 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 5 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 assets of enterprise annuity funds shall not belong to their liquidation assets. Article 6 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 enterprises shall not offset each other. Article 7 The debts borne by the non-enterprise annuity fund property itself shall not be enforced on the fund property. Article 8 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 9 The Ministry of Labor and Social Security is responsible for formulating relevant policies for the management of enterprise annuity funds. The administrative department of labor security shall supervise the management of enterprise annuity funds. Chapter II Trustee Article 10 The term "trustee" as mentioned in these Measures refers to the enterprise annuity council, pension management companies and other legal person trustees entrusted with the management of enterprise annuity funds (hereinafter referred to as legal person trustees). Article 11 The enterprise annuity Council is composed of representatives of enterprises and employees, and shall manage the enterprise annuity affairs of enterprises according to law, and shall not engage in any form of business activities.
The directors of the enterprise annuity Council shall be honest and trustworthy, have no major illegal records, and shall not charge fees in any form. Article 12 A legal person trustee shall meet the following conditions:
(a) approved by the state financial supervision department, registered in China;
(2) The registered capital shall not be less than RMB 1 100 million yuan, and the net assets at any time shall not be less than RMB10.50 billion yuan;
(3) Having a sound corporate governance structure;
(four) the number of full-time employees who have obtained the qualification of enterprise annuity fund has reached the prescribed number;
(5) Having a business place that meets the requirements, safety precautions and other facilities related to the entrusted management business of the enterprise annuity fund;
(6) Having a sound internal audit monitoring system and risk control system;
(seven) no major violations of laws and regulations in the past three years;
(eight) other conditions stipulated by the state. Article 13 The trustee shall perform the following duties:
(1) Selecting, supervising and replacing account managers, custodians, investment managers and intermediary service agencies;
(two) to formulate the investment strategy of enterprise annuity fund;
(3) Preparing the management and financial accounting reports of enterprise annuity funds;
(four) according to the contract supervision of enterprise annuity fund management;
(five) according to the contract to collect enterprise and employee contributions, and pay enterprise annuity benefits to the beneficiaries;
(6) Accepting inquiries from clients and beneficiaries, and regularly providing management reports of enterprise annuity funds to clients, beneficiaries and relevant regulatory authorities. When a major event occurs, report to the client, beneficiary and relevant regulatory authorities in a timely manner;
(7) Keeping relevant records of enterprise annuity fund management for at least 15 years in accordance with state regulations;
(eight) other duties stipulated by the state and agreed in the contract. Article 14 The term "beneficiary" as mentioned in these Measures refers to the enterprise employees who participate in the enterprise annuity plan and enjoy the right to benefit. Article 15 A legal person trustee has the business qualification of account management or investment management, and may concurrently serve as an account manager or an investment manager, but the independence of all management shall be guaranteed. Article 16 In any of the following circumstances, the duties of the legal person trustee shall be terminated:
(1) Violating the contract with the client;
(two) the use of enterprise annuity fund property to seek benefits for them, or to seek illegitimate interests for others;
(3) It is dissolved, revoked, declared bankrupt or taken over according to law;
(4) Being disqualified from the entrusted management of enterprise annuity funds according to law;
(5) The trustor has evidence to prove that it is in the interest of the beneficiary to replace the trustee.
(six) the relevant regulatory authorities have sufficient reasons and basis to believe that the replacement of the trustee is in the interest of the beneficiary;
(seven) other circumstances stipulated by the state and agreed in the contract.
Under any of the circumstances specified in the preceding paragraph, the enterprise annuity Council shall be reorganized in accordance with state regulations.