scholarly journals A Look at Retirement Funds in the Iranian Legal System

2019 ◽  
Vol 6 (1) ◽  
pp. 28
Author(s):  
Aidin Bagheri ◽  
Mohamadreza Mojtahdi
Keyword(s):  
Social Security ◽  
Legal System ◽  
Pension Funds ◽  
Macroeconomic Fluctuations ◽  
Retirement Benefits ◽  
The Future ◽  
The Status ◽  
The Difference ◽  
Single Standard ◽  
Retirement Funds

Pension funds are an important pillar of the social security system of the country. Historically, retirement funds in the Iranian legal system have been a source of many problems, most notably financial deficits. The lack of prospects for the future and the uncertain program and unprofessional management, as a result of the lack of transparency and ineffective and sometimes contradictory laws, have all worked together to make retirement funds a problem in the country; this turmoil and turmoil situation And the inadequacies of funds in all respects have caused worries about the future. Reasons for the aging of the population and the decline in employment and ... have increased the seriousness of the crisis. The implementation of early-retirement laws in different periods, macroeconomic fluctuations, and neglect of misguided and non-normative outlooks and government roles, and largely one-way interactions with funds, are one of the most important reasons for the existence of a crisis in retirement funds In recent years. In Iran, the increase in the number of retirement funds has been caused by various programs and systems (various regulations); in the absence of comprehensive welfare and social security systems in the country, the stratification and distribution of decay and support Boxes will also be added. In this context, it is necessary to gain a comprehensive understanding of the status and legal system of the pension funds, with the study of how the administration and the status of the cost are spent, the inputs of these funds and the amount and group covered. In other words, the multiplicity of pension funds and the lack of coordination between these institutions and the lack of a single standard in them and the lack of respect for the fairness of the income received by retirees has caused dissatisfaction with this important group of society, because the type of services and range of support, also from the fund to the fund The difference is different, and this creates discrimination and increases the gap between the strata; it should be noted that the function and function of pension funds is international and the lack of attention to these funds can have serious consequences in the community. Currently, reforms to the rules and regulations of the pension funds and the management and management of these funds are important and important priorities, and the planned measures should be directed towards changing the situation and improving the efficiency and funds and optimal and wise use. Resources are maintained, with no loss or damage to retirement benefits.

scholarly journals Analisis Status Badan Hukum Dana Pensiun

2020 ◽  
Vol 23 (01) ◽  
pp. 1-12
Author(s):  
Muhhamad Habibi Miftakhul Marwa
Keyword(s):  
Financial Services ◽  
Pension Fund ◽  
Limited Liability ◽  
Pension Funds ◽  
Retirement Benefits ◽  
Legal Entity ◽  
Legal Subject ◽  
The Status ◽  
Retirement Funds ◽  
The Right

Act No. 11 of 1992 about the Pension fund states retirement funds as legal entities that manage and run retirement programs that promise retirement benefits when retired or full duty to participants. As a legal entity of course the pension fund is based on the subject of the law as a human being, which has the right and obligation to do legal action to the other party. Pension funds have a legal entity status and may conduct activities from the date of ratification by the Financial Services Authority. Reviewed from the theory or the terms of the legal entity, the status of the legal entity of the Pension Fund has fulfilled the requirements of the material or formyl in the establishment of pension funds, such as having a separate property from the founders, have a specific goal to Conduct retirement benefits, have their own interests, have a regular organization in the Division of duties and functions between founders, supervisory boards, and managers, and obtain recognition and confirmation from the State authority. While the pension fund as an independent legal entity does not use the form of legal entity such as limited liability company, cooperative, or foundation, because there is a concept in the legal entity that does not conform to the concept of pension funds. Keywords: Legal Subject, Legal Entity, Pension Fund AbstrakUndang-Undang Nomor 11 Tahun 1992 tentang Dana Pensiun menyebutkan bahwa dana pensiun adalah badan hukum yang mengelola dan menjalankan program pensiun yang menjanjikan manfaat pensiun pada saat telah pensiun atau pensiun kepada pesertanya. Sebagai badan hukum, dana pensiun terletak sebagai subjek hukum layaknya manusia, yang memiliki hak dan kewajiban sehingga dapat melakukan perbuatan hukum kepada pihak lain. Dana pensiun berbadan hukum dan dapat melaksanakan kegiatan sejak tanggal persetujuan Otoritas Jasa Keuangan. Dilihat dari teori dan persyaratan badan hukum, badan hukum dana pensiun telah memenuhi persyaratan baik materiil maupun formil dalam pembentukan dana pensiun, seperti memiliki kekayaan yang terpisah dari pendirinya, mempunyai tujuan khusus dalam menyelenggarakan manfaat pensiun, memiliki kepentingan, menyelenggarakan organisasi dalam pembagian tugas dan fungsi antara pendiri, dewan pengawas, dan pengurus, serta memperoleh pengakuan dan pengesahan dari otoritas negara. Dana pensiun sebagai badan hukum mandiri tidak menggunakan badan hukum seperti Perseroan Terbatas, Koperasi, atau Yayasan, karena terdapat konsep dalam badan hukum yang tidak sesuai dengan konsep dana pensiun. Kata Kunci: Subjek Hukum; Badan Hukum; Dana Pensiun  

What are the duties (if any) of retirement funds boards which are requested by employers to withhold members’ retirement benefits?

2021 ◽  
Vol 138 (4) ◽  
pp. 818-843
Author(s):  
Clement Marumoagae
Keyword(s):  
Pension Funds ◽  
Practical Application ◽  
Retirement Benefits ◽  
Retirement Funds

This article evaluates an extraordinary remedy created by the legislature in s 37D(1)(b)(ii) of the Pension Funds Act 24 of 1956. This provision enables employers, who are able to satisfy retirement funds boards that they have suffered economic harm at the hands of their employees’ who are members of such retirement funds, to be compensated from liable members’ retirement benefits. It is demonstrated in this article that, by and large, the practical application of this section has been driven by the courts and the adjudicator, both of whom have interpreted this provision to include aspects that are not explicitly included in it, such as the retirement fund’s power to withhold benefits at the request of employers. It further demonstrates that there are several critical duties that are not explicitly described in any of the provisions of the Pension Funds Act which courts (and other tribunals) have held must be observed by boards when considering withholding members’ retirement benefits. In this article, these duties are critically evaluated with a view to recommending necessary amendments to s 37D(1)(b)(ii) of the Pension Funds Act.

scholarly journals Comparison of Positive Law and Islamic Law In Recognition Outside Marriage Children's Legal Status

2020 ◽  
Vol 2 (2) ◽  
pp. 106-117
Author(s):  
Siti Rabiah Rumadaul
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Islamic Law ◽  
Biological Father ◽  
Positive Law ◽  
The Future ◽  
The Status ◽  
The Difference ◽  
The Government ◽  
Legal Consequences

Recognition of the legal status of children outside of marriage is regulated in Article 280 of the Civil Code and Islamic Law does not recognize the recognition of children outside of marriage which is regulated in Article 100 of the Compilation of Islamic Law, so that the legal consequences that arise later are different. A child outside of marriage is a child born to his parents without a legal marriage between the father and mother. Therefore, the child does not have the status or position in law as a legitimate child. This type of research conducted by the author is Empirical Juridical Research, namely research by studying, investigating and studying according to what has been determined by the applicable regulations and real facts that occur in the community with the aim to learn and find data and real events that actually happened, with use the legal approach and case approach. In the results of this research and discussion it is explained that in Positive Law a child outside of marriage can be ratified by a confession, whereas in Islamic Law there is no recognition. Recognition of children outside of marriage in Positive Law raises the result of the endorsement and the resulting relationship with the legal consequences. Whereas in Islamic Law the law of an out-of-wedlock child is not entitled to obtain lineage relationship, livelihood, inheritance rights and others from his biological father because it only has a lineage relationship with his mother and his mother's family, but if the biological father wants to give part of his property, this can be done through a will. Related to the difference between the recognition of Positive Law and Islamic Law, it is considered necessary to pay attention, because of the importance of recognition of children outside of marriage, which results in civil rights in the future. Then later the child outside of marriage also gets the distribution of inheritance (inheritance), guardianship rights and other rights. The government through legislation also needs to pay attention to the management of the inheritance (inheritance) of children outside of marriage so that it becomes an absolute right for children outside of marriage in the future.

scholarly journals The Impact of Thoughts in the Creation of International Law Rules: From Former Thinkers to the Future Scholars

2016 ◽  
Vol 11 (2) ◽  
pp. 33
Author(s):  
Roghieh Ebrahimi ◽  
Hossein Sharifi Tarazkouhi
Keyword(s):  
International Law ◽  
Legal System ◽  
International System ◽  
Human Sciences ◽  
Essential Component ◽  
The Future ◽  
The Status ◽  
International Legal System ◽  
The Creation ◽  
The Impact

International law as one of the human sciences which has been formed in the light of governments’ needs for regulation of relations and pertinences is a set of rules which based on the increasing complexity of international life; it has been added to its importance gradually. The international nature of rules in this science leads the main followers of international system namely government to be identified as drafters of aforementioned rules. In this research we will discussed about the status of human thoughts as the smallest subjects of international system and we try to prove this hypothesis that human thoughts had been an essential component in the formation of rules in the international legal system.

scholarly journals Liability to Pay Retirement Benefits when Contributions were not Paid to the Retirement Fund: A Reply to Mr Nkosi

2017 ◽  
Vol 20 ◽  
pp. 1-39
Author(s):  
Motseotsile Clement Marumoagae
Keyword(s):  
Pension Funds ◽  
Defined Contribution ◽  
Main Argument ◽  
Retirement Benefits ◽  
Retirement Fund ◽  
The Law ◽  
Retirement Funds

This paper responds to the fascinating article written by Mr Thulani Nkosi relating to the devastating effects of employers failure to pay over their employees' retirement funds contributions to the relevant retirement funds.  In particular, I respond to Nkosi’s main argument that retirement funds should pay withdrawal benefits notwithstanding the fact that they did not receive members’ retirement fund contributions from contributing employers.  I argue that while such an approach is understandable, it is nonetheless, legally unsound and further demonstrates that it is not supported by the law as it stands today.  I further argue that Nkosi's reliance on the principle of equity as advocated by Professor John Murphy when he was the Pension Funds Adjudicator to a larger extent does not pay attention to how occupational defined contribution funds operates. The basis of my argument is that defined contribution funds rely on members' contribution and it would not be sustainable for these funds to pay retirement benefits to members whose contributions they did not receive.        

Introduction to the legal system

2021 ◽  
pp. 67-74
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Primary Sources ◽  
European Law ◽  
General Introduction ◽  
System P ◽  
The Status ◽  
The Difference

This chapter provides a general introduction to the legal system. It explains the court structure in England. It sets out the primary sources of law: statute and common law. It also explores the difference between civil law and criminal law, and how different kinds of cases can be brought arising from the same set of facts. It also considers the status of European Law following Brexit.

Address by the President. Actuarial highways

1993 ◽  
Vol 120 (1) ◽  
pp. 1-16 ◽  
Author(s):  
Leonard John Martin
Keyword(s):  
Pension Funds ◽  
Capital Projects ◽  
Retirement Benefits ◽  
Banking And Finance ◽  
The Past ◽  
Life Assurance ◽  
General Insurance ◽  
The World ◽  
The Future ◽  
Future Growth

AbstractThe Address is a journey in three parts. The first part describes the world scene in the last century when the Institute was founded and traces the development of actuarial work to the present day. The current U.K. pension scene is then broadly reviewed and the journey ends with vistas of the future. The concentration of actuarial work towards life assurance and pensions is attributed to meeting the needs of the past and encouragement is given to the urgent extension of the work of the profession into wider fields.The U.K. pension scene is described as being complex, confused and filled with uncertainty. The profession is urged to assist government actively and positively, to examine the expected future growth of pension funds, and to compare the financing of retirement benefits in the U.K. with other methods adopted in Europe.Work in wider fields is envisaged as embracing general insurance, the health and care of the aged, banking and finance, and the appraisal of capital projects.

Motivasi dan kepuasan kerja pegawai puskesmas BLUD dan non-BLUD Kabupaten Semarang

2018 ◽  
Vol 2 (3) ◽  
pp. 111
Author(s):  
Aswindar Adhi Gumilang ◽  
Tri Pitara Mahanggoro ◽  
Qurrotul Aini
Keyword(s):  
Public Health ◽  
Job Satisfaction ◽  
Financial Management ◽  
Work Motivation ◽  
P Value ◽  
The Public ◽  
The Status ◽  
The Difference ◽  
Demand For Health ◽  
Public Demand

The public demand for health service professionalism and transparent financial management made some Puskesmas in Semarang regency changed the status of public health center to BLUD. The implementation of Puskesmas BLUD and non-BLUD requires resources that it can work well in order to meet the expectations of the community. The aim of this study is to know the difference of work motivation and job satisfaction of employees in Puskesmas BLUD and non-BLUD. Method of this research is a comparative descriptive with a quantitative approach. The object of this research are work motivation and job satisfaction of employees in Puskesmas BLUD and non-BLUD Semarang regency. This Research showed that Sig value. (P-value) work motivation variable was 0.019 smaller than α value (0.05). It showed that there was a difference of work motivation of employees in Puskemas BLUD and non-BLUD. Sig value (P-value) variable of job satisfaction was 0.020 smaller than α value (0.05). It showed that there was a difference of job satisfaction of BLUD and non-BLUD. The average of non-BLUD employees motivation were 76.59 smaller than the average of BLUD employees were 78.25. The average of job satisfaction of BLUD employees were 129.20 bigger than the average of non-BLUD employee were 124.26. Job satisfaction of employees in Puskesmas BLUD was higher than non-BLUD employees.

Vier Arten von Römern unter den Franken im 6. bis 8. Jh.

2016 ◽  
Vol 133 (1) ◽  
pp. 459-468
Author(s):  
Detlef Liebs
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Roman Law ◽  
Procedural Law ◽  
The Status ◽  
The Difference ◽  
Law Texts ◽  
Fourth Kind

Abstract Four kinds of Romans in the Frankish kingdoms in the 6th to 8th centuries. Roman law texts from Merowingian Gaul make a difference between cives Romani, Latini and dediticii, all considered as Romans. This difference mattered only to slaves who had been freed. The status of Latin and dediticius was hereditary, whereas the descendants of one who had been freed as civis Romanus were free born Romans, who should be classified as a proper, a fourth kind of beeing Roman; it was the standard kind. The difference was important in civil law, procedural law and criminal law, especially in wergeld, the sum to be payed for expiation when somebody had been killed: Who had killed a Roman, had to pay different sums according to the status of the killed.

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