scholarly journals Principles of Construction and Mathematical Models of the Formation of a Solidarity Fund in an Alternative Old-Age Pension System

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Sergey Ovanesyan
Keyword(s):  
Mathematical Models ◽  
Old Age ◽  
Work Experience ◽  
Pension System ◽  
Minimum Length ◽  
Length Of Service ◽  
Basic Principles ◽  
Solidarity Fund ◽  
Calculation System ◽  
The Right

The basic principles of the formation of a solidary fund in the suggested old-age pension system are to establish the minimum length of service according to which a citizen has the right to an old-age pension, the implementation into the pension calculation system of the indicator "share deducted to a solidary fund" from each transfer to the personal account of the employee, so that by retirement at the age of 60 and working experience of 38 years, the pension amount was exactly equal to the amount of wages used in calculations. With a decrease in the length of service, the pension amount is reduced according to a certain rule. To implement these principles, appropriate mathematical models have been built that allow to calculate the amount of accumulated pension capital, own pension, accumulated amounts in the solidary fund, the total amount in the pension fund, etc., with any work experience, the amount of wages. Complex calculations were performed using the parameters that have developed in the practice of today. The results of the calculations are presented in tables with the corresponding comments.

scholarly journals The Pension System in the Russian Empire in the 19th – Early 20th Centuries

2020 ◽  
pp. 018-023
Author(s):  
A. V. Lapaeva ◽  
Keyword(s):  
Pension System ◽  
Russian Empire ◽  
Civil Servants ◽  
Pension Insurance ◽  
Length Of Service ◽  
Lump Sum ◽  
The Russian Empire ◽  
The Right ◽  
State Pension ◽  
Favorable Conditions

The article examines the formation and development of the pension system of the Russian Empire in the 19th – early 20th centuries. It is proved that the Charter on pensions and lump-sum benefits for state (military and civil) employees in 1827 laid the foundation for an integral pension system, which combined such types of state security as pension and grant. It was established that one of the positive measures aimed at creating favorable conditions for the development of the pension system was the introduction of special preferential conditions for certain categories of civil servants, concerning the reduction of the length of service for the acquisition of the right to a pension. It is determined that in parallel with the state pension system, a non-government pension system for civil servants was developed, which operated on the basis of two models – the emerita pension (insurance-based) and the savings-support pension (account-based).

scholarly journals FEATURES RESEARCH EXPERTISE IN CASES CONCERNING THE DETERMINATION OF THE AMOUNT OF THE ACTUAL EXPENDITURES OF THE PENSION FUND FOR THE PAYMENT AND DELIVERY OF OLD-AGE PENSIONS ASSIGNED ON PREFERENTIAL BASIS

2019 ◽  
Vol 20 (2) ◽  
pp. 393-402
Author(s):  
I. Savchenko
Keyword(s):  
Old Age ◽  
Military Service ◽  
Pension Fund ◽  
Documentary Evidence ◽  
Length Of Service ◽  
Old Age Pensions ◽  
The Right ◽  
Pension Payments ◽  
Expert Practice

This article discusses the theoretical and practical aspects of the features of forensic-economic examinations related to documentary evidence of calculations of the actual costs of the Pension Fund for the payment and delivery of preferential pensions. One of the important issues related to the indicated studies is the validity of calculating the costs of reimbursing pension payments and including in this calculation surcharges, allowances and increases that are intended in accordance with the legislation of Ukraine and are paid from other sources than the funds of the Pension Fund. The article analyzes the regulatory legal acts of Ukraine, which regulate the procedure for reimbursement by the Pension Fund body of the actual costs of payment and delivery of old-age pensions assigned on preferential terms. The categories that are entitled to the granting of old-age pensions on preferential terms are determined, the differences in the calculation of preferential length of service are indicated. including during the period of work in elected posts, during the passage of military service and study for a specialty that gives the right to a pension. It was clarified which of the costs incurred by the Pension Fund of Ukraine are not refundable and indicated the need to determine the monthly amount of the pension, which is refundable. It is noted that the calculation includes the actual expenses incurred by the territorial bodies of the Pension Fund for which these pensions were assigned. The theoretical and practical aspects of conducting such forensic examinations presented in the article can be used in expert practice in order to optimize expert research.

Fundusz Rezerwy Demograficznej – analiza działalności oraz konsekwencje przedterminowego wykorzystania aktywów

2013 ◽  
pp. 101-123
Author(s):  
Joanna Rutecka
Keyword(s):  
Baby Boomers ◽  
Old Age ◽  
Pension System ◽  
Additional Source ◽  
Rates Of Return ◽  
Basic Principles ◽  
Significant Deficit ◽  
Reserve Fund ◽  
Pension Benefits ◽  
Portfolio Structure

Demographic Reserve Fund (FRD) has been created in Poland in 2002 to offer additional source of financing for old-age pension system in case it faces significant deficit resulting from demographic reasons. This buffer fund aims mainly at balancing the incomes and expenditures of pension system in times when baby boomers will be offered old-age pension benefits. The main sources of its financing were defined as pension contributions and revenues from privatization of state owned companies. But after several years of its activity it has turned out that the operations of the fund came in contradiction with its main goals, mainly due to early usage of its assets. The article presents main characteristics of Polish Demographic Reserve Fund, basic principles of its functioning, portfolio structure and rates of return. Moreover, it tries to give some opinion in hot debate about the purposes and effects of accumulating assets in pension reserve funds in times of budget shortages. 

scholarly journals The problem of exercising the right to an old-age pension on preferential terms

2020 ◽  
pp. 251-254
Author(s):  
Regina Skipenko
Keyword(s):  
Old Age ◽  
Work Experience ◽  
Legal Regulation ◽  
Practical Significance ◽  
Pension Insurance ◽  
Current State ◽  
Constitutional Right ◽  
The One ◽  
The Right ◽  
State Pension

The article examines the issue of realization of the constitutional right of a person and a citizen to a pension on preferential terms.The nature and current state of legal regulation of old-age pension on preferential terms for work in harmful and dangerous conditionsare covered. It is proposed to improve the current legislation of Ukraine taking into account the relevant decision of the ConstitutionalCourt of Ukraine for a unified and fair mechanism for exercising the right to a pension on preferential terms. Based on the relevanceand practical significance of the problem, the purpose of this article is to examine the nature of old-age pensions on preferential terms,the current state of legal regulation and problems of the mechanism of retirement for citizens who worked in particularly difficult andharmful conditions, and also to offer the tool of perfection of the current pension legislation for the sake of fair and uniform law enforcementbefore the decision of a question of appointment of this type of pensions.For the purpose of unified and fair legal regulation and law enforcement regarding the retirement age on preferential termsaccording to the list № 1 it is proposed to change in Article 114 of the Law of Ukraine “On Compulsory State Pension Insurance” theretirement age on preferential terms according to the list № 1 for: men – after reaching 50 years of age and with a work experience ofat least 20 years, of which at least 10 years in these jobs; women – after reaching 45 years of age and with a work experience of at least15 years, of which at least 7 years and 6 months in these jobs.Subject to these changes, preferential pensions for workers on list № 1 will form a fairer and more defined system of protectionagainst poverty than the one that exists today. It will also reduce the number of citizens applying to court due to the unequal retirementage of the same type and nature.

scholarly journals On the right of a citizen of Russia to a state old-age pension ahead of schedule (according to work experience)

2020 ◽  
Author(s):  
В.А. Винокуров
Keyword(s):  
Old Age ◽  
Russian Federation ◽  
Work Experience ◽  
Military Service ◽  
Armed Forces ◽  
Federal Law ◽  
Men And Women ◽  
The Russian Federation ◽  
The Right ◽  
To Receive

Статья посвящена возможности реализации права граждан Российской Федерации на получение государственной пенсии по старости досрочно (на 2 года ранее установленного возраста) по трудовому стажу, который должен составлять 42 года и 37 лет (соответственно для мужчин и женщин). Рассмотрены проблемы, связанные с зачетом в страховой стаж периода прохождения военной службы в рядах Вооруженных Сил СССР и Вооруженных Сил Российской Федерации. В результате проведенного анализа представлено авторское толкование норм Федерального закона «О страховых пенсиях», позволяющее включать время службы в армии и на флоте, а также в других войсках и воинских формированиях в периоды, которые засчитываются в страховой стаж. Однако в целях соблюдения принципов всеобщности, справедливости и солидарности поколений, на которых должна формироваться система пенсионного обеспечения граждан, а также однозначного понимания требований норм федерального законодательства в статье сформулировано предложение по внесению изменений в Федеральный закон «О страховых пенсиях». The article is devoted to the possibility of implementing the right of citizens of the Russian Federation to receive a state old-age pension up to 2 years earlier than the established age for work experience, which should be 42 years and 37 years (for men and women, respectively). The article deals with the problems related to the offset of the period of military service in the armed Forces of the USSR and the Armed Forces of the Russian Federation in the insurance period. As a result of the analysis, the author's interpretation of the norms of the Federal law “On insurance pensions” is presented, which allows including the time of service in the army and Navy, as well as in other troops and military formations in the periods that are counted in the insurance experience. However, in order to comply with the principles of generality, justice and solidarity of generations, on which the system of pension provision for citizens should be formed, as well as an unambiguous understanding of the requirements of Federal legislation, the article contains a proposal to amend the Federal law “On insurance pensions”.

scholarly journals Right to parental leave must not require employment at the time of birth (C-129/20)

2021 ◽  
pp. 203195252110557
Author(s):  
Marianne Hrdlicka
Keyword(s):  
Parental Leave ◽  
Recent Case ◽  
Minimum Length ◽  
Length Of Service ◽  
The One ◽  
The Right

In the recent case XI v Caisse pour l’avenir des enfants (C-129/20), the CJEU was asked to rule on three issues regarding parental leave. First, whether the Directive in force at the time of the submission of the application to take parental leave (96/34) or the one in force at the time of birth or adoption (2010/18) was to be applied. Second, a question was raised on the condition of access to said leave, more specifically, a continuous minimum length of service. Third, the most intriguing problem was whether employment at the time of birth may be a condition for the right to parental leave under Directive 2010/18/EU.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Old Age Pensions

2018 ◽  
Author(s):  
Pierre Pestieau ◽  
Mathieu Lefebvre
Keyword(s):  
Old Age ◽  
Pension System ◽  
Labour Force ◽  
Labour Force Participation ◽  
Population Ageing ◽  
Pension Systems ◽  
Demographic Challenges ◽  
Old Age Poverty ◽  
Future Outcomes ◽  
Social Security Benefits

This chapter gives an overview of the type of pension system existing in Europe. Contributive and redistributive systems are opposed but the chapter shows that pension systems are more often a mix of both. The chapter shows how these systems have been more or less effective in tackling old age poverty in most countries and it points to the main challenges that these systems are facing, namely population ageing and low labour-force participation. The major reforms that have been implemented to ensure future sustainability of pension systems are presented but a number of additional changes that should be implemented are discussed. The chapter also presents projections for future outcomes and the link between demographic challenges and social security benefits is highlighted.

scholarly journals Actuarial deductions for early retirement

2021 ◽  
pp. 1-27
Author(s):  
Markus Knell
Keyword(s):  
Early Retirement ◽  
Pension System ◽  
Budget Constraint ◽  
Retirement Age ◽  
Single Individual ◽  
Internal Rate Of Return ◽  
Market Interest Rate ◽  
Long Run ◽  
Retirement Behavior ◽  
The Right

Abstract This paper studies how the rates of deduction for early retirement have to be determined in pay-as-you-go (PAYG) systems in order to keep their budget stable. The derivation of these deductions requires the use of a multiperiod intertemporal budget constraint that involves assumptions about the retirement behavior of past, present, and future cohorts. In general, it is not possible to calculate budget-neutral deductions from the budget constraint of a single individual who retires before the target retirement age—an approach that dominates the related literature. Only for specific cases one can use this second approach but then one has to adjust the discount rate to the assumption about collective retirement. If there is only one deviating individual, then the right choice is the market interest rate while for a stationary retirement distribution it is the internal rate of return of the PAYG system. In this case, the necessary deductions are lower than under the standard approach. This is also true for retirement ages that fluctuate randomly around a stationary distribution. Various long-run developments (e.g., increases in life expectancy or permanent changes in the average retirement age) might cause challenges for the sustainability of the pension system. These developments, however, can only be dealt with by adequate adjustments to the basic pension formulas and not by the use of deduction rates.

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