scholarly journals NULIDAD DE TRASLADO DEL RPM AL RAIS - CÓMO AFECTA LA CONGESTIÓN JUDICIAL, EL EFECTIVO ACCESO A LA JUSTICIA, DE LOS USUARIOS QUE HAN SIDO ENGAÑADOS POR LOS FONDOS PRIVADOS DE PENSIONES

2019 ◽  
Vol 10 ◽  
pp. 109-120
Author(s):  
JOHANNA MONSALVE ◽  
◽  
ALEXANDRA MOLINA ◽  
KIRA DUQUE
Keyword(s):  
Social Security ◽  
Pension Fund ◽  
The State ◽  
Adequate Information ◽  
Excessive Competition ◽  
The Subject ◽  
State Pension ◽  
Rules Of The Game

ince the entry into force of Law 100 of 1993, Law that brought about the privatization of health and the administration of pensions on behalf of private entities, entities and / or societies that belong to an economically privileged sector, they began a task and / or excessive competition, without adequate rules of the game, in terms of attracting its users. Over the years, connoisseurs of the subject have identified considerable shortcomings, regarding the lack of clarity in the administration of the resources of the affiliates, the absence of adequate information, lack of report of returns, among others, by of these entities. The protection and defense of the rights to protection and social security, to the vital minimum, to information, to dignity and to work, through labor jurisdiction, were sought to ensure that these bad practices carried out y the Private Funds were condemned. they administer the resources destined to the pension of Colombians, through the demands of nullity and / or ineffectiveness of transfer to deprecate that justice is given by the judicial courts and the AFPs are condemned, to carry out the transfer of all contributions, capital, pension bonus, income and interest, to the State Pension Fund administrator “Colpensiones”.

SOCIAL PROTECTION ASAN IMPORTANT PART OF HUMAN PROGRESS AND THE DEVELOPMENT OF SOCIETY

2021 ◽  
Vol 6 (5) ◽  
pp. 57-62
Author(s):  
Makhmudjon Ziyadullaev ◽  
Keyword(s):  
Social Security ◽  
State Policy ◽  
Social Protection ◽  
The State ◽  
Constitutional Rights ◽  
The Republic ◽  
State Pension ◽  
To Receive

This article discusses proposals for making regardingchanges to the current law "On state pension provision of citizens", reforms carried out in the field of social protection of the population of the Republic of Uzbekistan, on the constitutional rights of citizens, especially pensioners, to receive social security, revising the criteria for determining the purpose and size social payments, the development of an integral state policy in the field of social protection of the population and the determination of the state agencyresponsible for its implementation

The State, Pensions and the Philosophy of Welfare

1985 ◽  
Vol 14 (4) ◽  
pp. 467-490 ◽  
Author(s):  
Norman P. Barry
Keyword(s):  
Social Justice ◽  
Social Security ◽  
The State ◽  
Future Generations ◽  
Pension Scheme ◽  
Pension Systems ◽  
The Us ◽  
Welfare Systems ◽  
State Welfare ◽  
State Pension

ABSTRACTThis is a study of the prevailing state pension systems in Britain and the US in the context of a philosophy of welfare that has developed over the last decade. In this philosophy state welfare systems are justified in terms of their maximizing liberty and autonomy rather than merely social justice. It is argued that the state earnings-related pension scheme in Britain and social security in the US, because they are ‘unfunded’ and paid for out of current taxation, are not merely inefficient but also reduce the independence of individuals and impose high burdens on future generations. It is argued that no philosophical justification can be given for this imposition. The major theoretical flaw in state-managed pension arrangements, it is claimed, is the confusion of the welfare principle with the insurance principle.

scholarly journals DEVELOPMENT OF NON-STATE PENSION FUNDS OF UKRAINE: PROBLEMS AND PERSPECTIVES

2021 ◽  
Author(s):  
Natalya Tataryn ◽  
Kateryna Zakorko ◽  
Sofia Kozar
Keyword(s):  
Pension Fund ◽  
Pension System ◽  
Public Awareness ◽  
Pension Funds ◽  
The State ◽  
Private Pension ◽  
State Pension ◽  
Private Pension System ◽  
State Pension Funds ◽  
Legal Entities

The article considers topical issues of determining the current state of development of the private pension system in Ukraine, and defines the concept of "private pension fund". In economic essence, the system of non-state pension fund is defined as an integral part of the system of accumulative pension provision, based on voluntary participation of individuals and legal entities in the formation of pension savings in order to receive additional pension contributions. Problems that hinder the development of private pension funds, namely the shadowing of wages and labor relations, lack of public awareness, lack of legislation are identified. The functioning of private pension funds in the country depends not only on reforming the existing pension system, but also on the growth of incomes, their de-shadowing and development of the financial market in general. The current pension system is not able to provide the population with the necessary pension assets. This problem can be solved by intensifying the activities of private pension funds. Emphasis is placed on the need and importance of a voluntary private pension system and its role in ensuring the development of the state economy. As world experience shows, in a market economy, the development of private pension funds is one of the important components to ensure effective functioning of the state. Private pension funds are powerful investment investors because they can mobilize additional investment resources. The main purpose of investing pension assets is to preserve the savings of the population. The main indicators of activity of non-state pension funds are analyzed, namely: pension contributions, pension payments, the number of concluded pension contracts, the amount of investment income, etc. Further trends in the development of private pension provision in Ukraine are noted, substantiated the necessary measures to intensify activities in modern economic conditions, proposed recommendations for solving existing problems of institutions. However, in implementing the proposed measures should be remembered participation of both individuals and legal entities.

La participación de la Oficina del Trabajo en la configuración del sistema de previsión social chileno, 1909-1925

2018 ◽  
pp. 73
Author(s):  
Daniel Ahumada Benítez ◽  
Alejandro Salas Miranda
Keyword(s):  
Social Security ◽  
Pension Fund ◽  
Social Security System ◽  
The State ◽  
Security System ◽  
Civil Servants ◽  
Legal Regulations ◽  
The Social ◽  
Security Fund ◽  
Set Up

ResumenEl objetivo de este trabajo es analizar el rol que tuvo la Oficina del Trabajo en la formulación de las normativas legales que crearon las primeras instituciones de previsión social en Chile entre 1909 y 1925. Se plantea que la Oficina del Trabajo tuvo un rol activo y fundamental en la creación del sistema de previsión social que se configuró para 1925, al ser partícipe de las discusiones y diseño de las leyes y reglamentos que rigieron estas instituciones de seguridad social, que fueron la Caja de Ahorro de los Ferrocarriles del Estado (1911), con su reformulación (1918), Caja del Seguro Obrero (1924), Caja de Empleados Particulares (1924) y Caja de Empleados Públicos y Periodistas (1925). Las fuentes provienen principalmente del Fondo de la Dirección del Trabajo del Archivo Nacional de la Administración y del Boletín de la Oficina del Trabajo, además de otras publicaciones periódicas.AbstractThe objective of this paper is to analyze the Labor Office role in formulating the legal regulations that created the first social security institutions in Chile between 1909 and 1925. It is argued that the Labor Office played an active and fundamental role in creating the social security system, set up for 1925, since it participated in discussions and designing of laws and regulations governing the first social security institutions, which were the State Railways’ Savings Fund (1911) and its reformulation (1918), the Worker Security Fund (1924), the Private Employee Pension Fund (1924) and the Civil Servants and Press Staff Pension Fund (1925). Sources are mainly from the Labor Directorate Fund of the National Administration Archive and the Labor Office Bulletin, as well as other material.Keywords: Labor Office, welfare funds, social security, State social intervention.ResumoO objetivo deste trabalho é analisar a função que teve o Escritório do Trabalho na formulação das normativas legais que criaram as primeiras instituições de previdência social no Chile entre 1909 e 1925. Propõe-se que o Escritório do Trabalho teve um papel ativo e fundamental na criação do sistema de previdência social que se configurou para 1925, ao participar das discussões e do desenho das leis e regulamentos que regeram às primeiras instituições de segurança social, as quais foram a Caixa Econômica dos Transportes Ferroviários do Estado (1911) e sua reformulação (1918), Caixa de Seguro Operário (1924), Caixa de Empregados Particulares (1924) e Caixa de Empregados Públicos e Jornalistas (1925). As fontes provieram principalmente do Fundo da Direção do Trabalho do Arquivo Nacional da Administração e do Boletim do Escritório do Trabalho, além de outras publicações periódicas.Palavras-chave: Escritório do Trabalho, caixas de previdência, segurança social, intervenção social do Estado. 

Mechanisms for the protection of social security rights of employees (part 1)

2021 ◽  
pp. 461-469
Author(s):  
M. I. Averyanova
Keyword(s):  
Social Security ◽  
The State ◽  
The Social ◽  
Protection Mechanisms ◽  
The Subject

The subject of consideration was the mechanisms and methods of protecting the social security rights of employees. It was revealed that in the absence of a single systematizing act in the field of social security, provisions on mechanisms and methods of protection are contained in a large number of normative legal acts containing social security provisions. In some cases, these mechanisms are differentiated depending on certain factors: the type of social security, the characteristics of the labor status. Some of the control and supervisory protection mechanisms declared by the State are declarative, since they are not implemented in practice.

scholarly journals Access to social security for digital platform workers in Germany and in Russia: a comparative study

2018 ◽  
Vol 7 (1-2) ◽  
pp. 17 ◽  
Author(s):  
Olga Chesalina
Keyword(s):  
Social Security ◽  
The State ◽  
Control Mechanisms ◽  
Insurance Scheme ◽  
Pension Insurance ◽  
Digital Platform ◽  
Social Law ◽  
Digital Work ◽  
The Difference ◽  
State Pension

Abstract: A common feature of platform work in Germany and Russia is that in both countries the new forms of employment can usually only be classified as self-employed work in the form of ‘solo self-employment’, despite the fact that platforms use direct and indirect control mechanisms indicating a personal or at least an economic dependency of the digital workers on the platforms. The difference is that, in Germany, as the main rule, self-employed persons are not obligatorily insured in the state pesion insurance scheme, whereas in Russia, unlike Germany, the state pension insurance scheme is mandatory for all self-employed persons.Considering the different legal frameworks in Germany and in Russia, the article analyses various reform proposals aiming at tackling the above-mentioned challenges for the social security systems, and looks for adequate responses to ensure access to social security for digital platform workers. In particular, the following questions are investigated: Is it sufficient to subsume digital work under the existing employment categories? Could it be an appropriate solution for the access of digital workers to social security to introduce a new employment category only in social law?Keywords: digital platform worker, social security, self-employed person

scholarly journals Legal Regulation of Financing of the Solidarity System of Compulsory State Pension Insurance

2020 ◽  
pp. 249-256
Author(s):  
Iryna MYKHAILOVA
Keyword(s):  
Pension Fund ◽  
Pension System ◽  
Financial Burden ◽  
Legal Regulation ◽  
The State ◽  
Pension Insurance ◽  
State Budget ◽  
State Pension ◽  
Education Science ◽  
Compulsory State

The article analyzes the legal regulation of financing the solidarity system of compulsory state pension insurance. It is established that the main financial burden in the pension system of Ukraine lies at the solidarity level of pension provision. It has been found that the solidarity pension system is unable to properly perform the priorities assigned to it, and is solvent only through financial support from the state, which negatively affects other social spheres: health, culture, education, science, etc. The author analyzes the incomes of the Pension Fund of Ukraine, which are divided into its own funds and the additional funds. Own source revenues are funds received from enterprises, institutions and individuals, as mandatory and voluntary contributions, as well as income from investments and income from financial sanctions for violations of current pension legislation. And additional funds are transferred to the Pension Fund of Ukraine from the State Budget of Ukraine, as well as from state trust funds. It has been established that in connection with the spread of COVID-19 on the territory of Ukraine, the state has provided measures to exempt certain categories of payers of the single social contribution from its payment. It is substantiated that the legally defined sources of budget formation and mechanisms of their accumulation do not contribute to a rapid increase in revenues to the Pension Fund of Ukraine and improve the level of pensions, so it is urgent to unload the solidarity level of mandatory state pension insurance and introduce accumulative level. It has been proved that the reform of the pension system of Ukraine should be aimed at minimizing the degree of dependence of the pension system of Ukraine on the solidarity level of pensions, because in modern conditions the joint responsibility of generations, which was relevant and effective in Soviet times, cannot effectively solve the problem of pensions, taking into account the development of unfavourable trends in demographic processes, rising unemployment, low wages, the formation of shadow payroll funds to distrust people’s pension system in Ukraine as such, as well as legal illiteracy in this area.

scholarly journals Teisė į pensiją ir Konstitucinio Teismo praktika

Teisė ◽  
2010 ◽  
Vol 77 ◽  
pp. 34-49
Author(s):  
Vaidotas A. Vaičaitis
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Economic Crisis ◽  
The State ◽  
Social Solidarity ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Force Majeure ◽  
The Social ◽  
State Pension

Straipsnyje analizuojama socialinio draudimo ir valstybinių pensijų sistema Lietuvoje, atskleidžiant, kad pirma sistema remiasi socialinio solidarumo principu, o antroji – atlyginimu už nuopelnus valstybei kri­terijumi. Straipsnio pagrindinė ašis – teisės į pensiją ir nuosavybės teisės santykis. Autoriaus nuomone, toks santykis egzistuoja tik netiesiogiai. Straipsnyje teigiama, kad socialinių išmokų dydis turėtų būti siejamas visų pirma su lėšų, surenkamų į socialinio draudimo fondą, dydžiu. Taip pat analizuojama ir ekonominė krizė, kaip tam tikra galima išimtis (force majeure) žmogaus socialinių ir ekonominių teisių srityje. The system of pensions (the social security pension and so called the state pension) in Lithuania is analyzed in the article. The social security pension is based on the principle of social solidarity, while the state pension is based on the idea of certain reward for merits granted for the particular society. The main issue of the article is to analyze relationship between one’s right to pension and right to ownership (property). According to the author, if such a relationship exists at all, it might be find only indirectly. Economic crisis as certain possible force majeure in the filed of human rights protection is also analysed in the article.

Mechanisms for the protection of social security rights of employees (part 2)

2021 ◽  
Author(s):  
M.I. Averyanova
Keyword(s):  
Social Security ◽  
The State ◽  
The Social ◽  
Protection Mechanisms ◽  
The Subject

The subject of consideration was the mechanisms and methods of protecting the social security rights of employees. It was revealed that in the absence of a single systematizing act in the field of social security, provisions on mechanisms and methods of protection are contained in a large number of normative legal acts containing social security provisions. In some cases, these mechanisms are differentiated depending on certain factors: the type of social security, the characteristics of the labor status. Some of the control and supervisory protection mechanisms declared by the State are declarative, since they are not implemented in practice.

scholarly journals Fiscal Imbalances and Borrowing Costs: Evidence from State Investment Losses

2012 ◽  
Vol 4 (2) ◽  
pp. 182-213 ◽  
Author(s):  
Robert Novy-Marx ◽  
Joshua D Rauh
Keyword(s):  
State Government ◽  
Pension Fund ◽  
Sovereign Default ◽  
The State ◽  
Municipal Bond ◽  
Credit Quality ◽  
State Investment ◽  
State Pension ◽  
Bond Spreads ◽  
Financial Losses

During the last quarter of 2008, financial losses in state pension funds varied from 12 percent to 68 percent of the revenue generated by the state government. We quantify a sovereign default channel in the state municipal market by examining how changes in bond spreads vary with state pension fund losses, controlling for credit ratings and various measures of the state's fiscal strength. Municipal bond spreads rose by 7–15 basis points for each 10 percent of state-generated revenue lost by states in the lower half of the credit quality spectrum. (JEL H71, H72, H74, H75)

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