ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 30, 2018 No. 1767

About introduction of amendments to some acts of the Government of the Russian Federation concerning placement of money by state non-budgetary funds on bank deposits and recognition voided separate provisions of the Order of the Government of the Russian Federation of May 5, 2016 No. 389

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to acts of the Government of the Russian Federation concerning placement of money by state non-budgetary funds on bank deposits.

2. Determine that:

temporarily available funds of Federal Compulsory Health Insurance Fund and territorial funds of compulsory medical insurance, and also means of insurance premiums for financing of funded pension which arrived within financial year in the Pension Fund of the Russian Federation, placed about day of entry into force of this resolution in credit institutions concerning which or concerning persons, under control or considerable influence of which there are credit institutions as of January 1, 2015 are effective the international sanctions, can be placed before the termination of effective period of the corresponding bank deposit agreement (deposit) on condition of compliance of such credit institutions to requirements of paragraph one of Item 5 (1) Rules of placement of temporarily available funds of Federal Compulsory Health Insurance Fund and territorial funds of compulsory medical insurance, approved by the order of the Government of the Russian Federation of December 31, 2010 No. 1225 "About placement of temporarily available funds of Federal Compulsory Health Insurance Fund and territorial funds of compulsory medical insurance", or paragraph one of Item 8 (2) Rules of investment of means of the insurance premiums for financing of funded pension which arrived within financial year in the Pension Fund of the Russian Federation, approved by the order of the Government of the Russian Federation of January 27, 2012 No. 38 "About approval of Rules of investment of means of the insurance premiums for financing of funded pension which arrived within financial year in the Pension Fund of the Russian Federation" (further - Rules of investment of means of the insurance premiums for financing of funded pension which arrived within financial year in the Pension Fund of the Russian Federation);

The Pension Fund of the Russian Federation has the right not to terminate agreements on investment of funds of the insurance premiums for financing of funded pension which arrived within financial year in the Pension Fund of the Russian Federation, on currency deposits of the Russian Federation, concluded before entry into force of this resolution with credit institutions concerning which or concerning persons, under control or considerable influence of which there are credit institutions, as of January 1, 2015 the international sanctions, on condition of compliance of such credit institutions to requirements of paragraph one of Item 8 are effective (2) Rules of investment of means of the insurance premiums for financing of funded pension which arrived within financial year in the Pension Fund of the Russian Federation.

If the credit institution with which such agreement is signed before the termination of term of its action began to conform to requirements of paragraph two of Item 8 (2) Rules of investment of means of the insurance premiums for financing of funded pension which arrived within financial year in the Pension Fund of the Russian Federation, the validity of the specified agreement can be extended in case of observance of the conditions provided in it;

for the purpose of application of provisions of Item 2 of the order of the Government of the Russian Federation of July 13, 2016 No. 670 "About requirements to credit institutions which can perform transactions with means of the federal budget budgets of state non-budgetary funds of the Russian Federation" Item 8 provisions (2) Rules of investment of means of the insurance premiums for financing of funded pension which arrived within financial year in the Pension Fund of the Russian Federation in edition of this resolution are subject to application after 1 month from the date of entry into force of this resolution.

3. Recognize invalid the paragraph of the eighth of the subitem "an" of item 4 and the paragraph the tenth the subitem "an" of Item of 5 changes which are made to acts of the Government of the Russian Federation, approved by the order of the Government of the Russian Federation of May 5, 2016 No. 389 "About introduction of amendments to some acts of the Government of the Russian Federation" (The Russian Federation Code, 2016, No. 20, the Art. 2829).

Approved by the Order of the Government of the Russian Federation of December 30, 2018 No. 1767

Changes which are made to acts of the Government of the Russian Federation concerning placement of money by state non-budgetary funds on bank deposits

1. In the Rules of placement of temporarily available funds of Federal Compulsory Health Insurance Fund and territorial funds of compulsory medical insurance approved by the order of the Government of the Russian Federation of December 31, 2010 No. 1225 "About placement of temporarily available funds of Federal Compulsory Health Insurance Fund and territorial funds of compulsory medical insurance" (The Russian Federation Code, 2011, No. 2, Art. 388; 2014, No. 23, Art. 2980; No. 32, Art. 4500; 2016, No. 20, Art. 2829; 2018, No. 2, Art. 428):

a) in Item 5:

state the subitem "an" in the following edition:

"a) the credit institution is bank with the universal license;";

in the subitem "b" of the word "250 billion rubles" shall be replaced with words "1 billion rubles";

declare the subitem "g" invalid;

state the subitem "e" in the following edition:

"e) availability at credit institution of credit rating is not lower than the A+ (RU) level on national rating scale for the Russian Federation of credit rating agency Analytical Credit Rating Agency (Joint-stock company) and (or) "ruA+" on national rating scale for the Russian Federation of the credit Expert RA Rating Agency; Joint-stock company rating agency;

"Internet networks add the subitem "zh" after words with words" (further - Internet network)";

b) in Item 5 (1):

"subitems "a", "g" and "d" of Item 5" shall be replaced with words words "subitems "an" and "d" of Item 5";

add with the paragraph of the following content:

"The specified credit institutions are determined by separate decisions of the Government of the Russian Federation.";

c) Item 5 in paragraph three (2) "information and telecommunication" to exclude the word;

d) add with Items 5 (3) and 5(4) following contents:

"5(3). The government of the Russian Federation has the right to determine from among the credit institutions conforming to requirements, stipulated in Item 5 these rules, credit institutions which do not have the right to placement of temporarily available funds of Federal fund (territorial fund) on bank deposits in case of application by credit institution of restrictions on banking operations concerning separate industries, the separate companies (organizations) in connection with application to the Russian Federation of measures of sanctions impact, and also availability of risks (threats) of application by credit institution of such restrictions.

5(4). Temporarily available funds of Federal fund (territorial fund) can be placed on bank deposits in the credit institutions conforming to requirements, stipulated in Item 5 these rules, except for requirements, established by the subitem "e" of Item 5 of these rules if credit institutions are referred to category of authorized banks according to the Federal Law "About the State Defense Order" and credit institutions are determined by the separate decision of the Government of the Russian Federation.";

e) in paragraph one of Item 8 of the word "v seti Internet" shall be replaced with words "in Internet network;

e) add Item 10 with the paragraph of the following content:

"Credit institutions which for the day preceding day of carrying out selection of requests have no overdue debt on the bank deposits which are earlier placed in them at the expense of temporarily available funds of Federal fund (territorial fund) are allowed to participation in selection of requests.";

g) to state paragraph two of Item 24 in the following edition:

"If the credit institution ceased to correspond to the provisions provided by Items 5 (1) or 5(4) these rules, and also in cases if discrepancy of credit institution to the requirements established by Items 5 and 5 (2) these rules is revealed, and (or) the credit institution is excluded from the list of the credit institutions conforming to requirements of these rules, posted by the Central bank of the Russian Federation on its official site in Internet network (further - the list), the Federal fund (territorial fund) shall direct the requirement about immediate return of deposit amount, placed in this credit institution, and percent on it no later than the working day, the detection of such discrepancy and (or) exception of credit institution of the list following behind day according to part 6 of article 17 of the Federal Law of July 29, 2017 No. 267-FZ "About modification of separate legal acts of the Russian Federation".".

2. In Rules of investment of means of the insurance premiums for financing of funded pension which arrived within financial year in the Pension Fund of the Russian Federation, approved by the order of the Government of the Russian Federation of January 27, 2012 No. 38 "About approval of Rules of investment of means of the insurance premiums for financing of funded pension which arrived within financial year in the Pension Fund of the Russian Federation" (The Russian Federation Code, 2012, No. 6, Art. 683; 2013, No. 36, Art. 4578; 2015, No. 1, Art. 286; No. 16, Art. 2385; No. 33, Art. 4824; 2016, No. 20, Art. 2829; 2018, No. 2, Art. 428; No. 36, Art. 5640):

a) in Item 8:

in the subitem "b" of the word "Article 24" shall be replaced with words "Item 1 of Article 24";

state the subitem "v" in the following edition:

"c) the credit institution is bank with the universal license;";

in the subitem "g" of the word "250 billion rubles" shall be replaced with words "1 billion rubles";

declare the subitem "d" invalid;

state the subitem "e" in the following edition:

"e) availability at credit institution of credit rating is not lower than the A+ (RU) level on national rating scale for the Russian Federation of credit rating agency Analytical Credit Rating Agency (Joint-stock company) and (or) "ruA+" on national rating scale for the Russian Federation of the credit Expert RA Rating Agency; Joint-stock company rating agency;

"Internet networks add the subitem "zh" after words with words" (further - Internet network)";

b) in Item 8 (2):

"subitems "b", "v" and "d" of Item 8" shall be replaced with words words "subitems "b" and "v" of Item 8";

add with the paragraph of the following content:

"The specified credit institutions are determined by separate decisions of the Government of the Russian Federation.";

c) Item 8 in paragraph three (3) "information and telecommunication" to exclude the word;

d) add with Items 8 (4) and 8(5) following contents:

"8(4). The government of the Russian Federation has the right to determine from among the credit institutions conforming to requirements, stipulated in Item 8 these rules, credit institutions which do not have the right to investment of funds of insurance premiums on deposits in case of application by credit institution of restrictions on banking operations concerning separate industries, the separate companies (organizations) in connection with application to the Russian Federation of measures of sanctions impact, and also availability of risks (threats) of application by credit institution of such restrictions.

8(5). Means of insurance premiums can be placed on deposits in the credit institutions conforming to requirements, stipulated in Item 8 these rules, except for requirements, established by the subitem "e" of Item 8 of these rules if credit institutions are referred to category of authorized banks according to the Federal Law "About the State Defense Order" and credit institutions are determined by the separate decision of the Government of the Russian Federation.";

e) Item 10 (to state 1) in the following edition:

"10(1). The Pension Fund of the Russian Federation checks credit institutions for compliance to the requirements provided by subitems "b" - "", "е" and Item 8 of these rules, by establishment of availability of credit institution in the list of credit institutions posted by the Central bank of the Russian Federation on the official site in Internet network according to part 2 of article 17 of the Federal Law of July 29, 2017 No. 267-FZ "About modification of separate legal acts of the Russian Federation".";

e) in appendix to the specified Rules:

in item 4:

in the subitem "b" of the word "Item 8 or Item 8 (" shall be replaced with words 2) "Items 8, 8(2) or 8 (5)";

add with the subitem "v" of the following content:

"c) have no overdue debt on the deposits which are earlier placed in them at the expense of means of insurance premiums.";

in the subitem "b" of Item 6 and paragraph one of Item 7 of the word "Item 8 or Item 8 (" shall be replaced with words 2) "Items 8, 8(2) or 8 (5)";

in paragraph one of Item 8 of the word "Item 8, Item 8 (2) or Item 8 (" shall be replaced with words 3) "Items 8, 8(2), 8(3) or 8(5)";

in the subitem "g" of Item 9 of the word "v seti Internet" shall be replaced with words "in Internet network;

in paragraph one of Item 10 of the word "Item 8 or Item 8 (" shall be replaced with words 2) "Items 8, 8(2) or 8 (5)";

in Item 20 of the word "v seti Internet" shall be replaced with words "in Internet network;

Item 25 (to state 1) in the following edition:

"25(1). The mandatory requirement to bank deposit agreement (deposit) with credit institution based on which means of insurance premiums are placed on deposits is availability of condition according to which in case of early termination by the Pension Fund of the Russian Federation of the specified agreement because the credit institution ceased to meet the requirements provided by the this document, the credit institution upon the demand of the Pension Fund of the Russian Federation returns it the deposit amount and percent on it added proceeding from the interest rate defined by this agreement.";

add with Item 25 (2) the following content:

"25(2). If the credit institution ceased to correspond to the provisions provided by Items 8 (2) or 8(5) Rules, and also in cases if discrepancy of credit institution to the requirements established by Items 8 and 8 is revealed (3) Governed, and (or) the credit institution is excluded from the list of the credit institutions conforming to requirements of Rules, posted by the Central bank of the Russian Federation on its official site in Internet network (further - the list), the Pension Fund of the Russian Federation shall direct the requirement about immediate return of deposit amount, placed in this credit institution, and percent on it no later than the working day following behind day of detection of such discrepancy, and (or) exception of credit institution of the list according to part 6 of article 17 of the Federal Law of July 29, 2017 to No. 267-FZ "About modification of separate legal acts of the Russian Federation".".

3. In Rules of forming, placement and expenditure of reserve of funds for implementation of compulsory social insurance from labor accidents and occupational diseases approved by the order of the Government of the Russian Federation of December 24, 2012 No. 1396 "About approval of Rules of forming, placement and expenditure of reserve of funds for implementation of compulsory social insurance from labor accidents and occupational diseases" (The Russian Federation Code, 2012, No. 53, Art. 7947; 2015, No. 44, Art. 6139; 2016, No. 20, Art. 2829; 2017, No. 8, Art. 1255; 2018, No. 2, Art. 428):

a) in the subitem "e" of Item 6 of the word "Items 7, 7(1) or 8" shall be replaced with words "Items 7, 7(1), 8 or 8 (2)";

b) in Item 7:

state the subitem "an" in the following edition:

"a) the credit institution is bank with the universal license;";

in the subitem "b" of the word "250 billion rubles" shall be replaced with words "1 billion rubles";

state the subitem "v" in the following edition:

"c) availability at credit institution of credit rating is not lower than the A+ (RU) level on national rating scale for the Russian Federation of credit rating agency Analytical Credit Rating Agency (Joint-stock company) and (or) "ruA+" on national rating scale for the Russian Federation of the credit Expert RA Rating Agency; Joint-stock company rating agency;

declare the subitem "d" invalid;

c) in paragraph one of Item 8 of the word "subitems "a", "g" and "d" of Item 7" shall be replaced with words "subitems "an" and "g" of Item 7";

d) add with Items 8 (1) and 8(2) following contents:

"8(1). The government of the Russian Federation has the right to determine from among the credit institutions conforming to requirements, stipulated in Item 7 these rules, credit institutions which do not have the right to investment of funds of insurance reserve in case of application by credit institution of restrictions on banking operations concerning separate industries, the separate companies (organizations) in connection with application to the Russian Federation of measures of sanctions impact, and also availability of risks (threats) of application by credit institution of such restrictions.

8(2). Means of insurance reserve can be placed on bank deposits in the credit institutions conforming to requirements, stipulated in Item 7 these rules, except for requirements, established by the subitem "v" of Item 7 of these rules if credit institutions are referred to category of authorized banks according to the Federal Law "About the State Defense Order" and credit institutions are determined by the separate decision of the Government of the Russian Federation.";

e) in Items 9 and 10 of the word "Items 7 and 8" shall be replaced with words "Items 7, 8 or 8 (2)";

e) add Item 13 with the paragraph of the following content:

"Credit institutions which for the day preceding day of carrying out selection of requests have no overdue debt on the bank deposits which are earlier placed in them at the expense of means of insurance reserve are allowed to participation in selection of requests.";

g) in Items 19 and 22 of the word "Items 7 and 8" shall be replaced with words "Items 7, 8 or 8 (2)";

h) the fourth Item 29 to state the paragraph in the following edition:

"If the credit institution ceased to correspond to the provisions provided by Items 8 or 8 (2) these rules, and also in cases if discrepancy of credit institution to the requirements established by Items 7 or 7 (1) these rules is revealed, and (or) the credit institution is excluded from the list of the credit institutions conforming to requirements of these rules, posted by the Central bank of the Russian Federation on its official site on the Internet (further - the list), the Fund shall direct the requirement about immediate return of deposit amount, placed in this credit institution, and percent on it no later than the working day, the detection of such discrepancy and (or) exception of credit institution of the list following behind day according to part 6 of article 17 of the Federal Law of July 29, 2017 No. 267-FZ "About modification of separate legal acts of the Russian Federation".".

 

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