ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 24, 2015 No. 1145

About modification of Rules of forming, placement and expenditure of reserve of funds for implementation of compulsory social insurance from labor accidents and occupational diseases in 2015 and for planning period of 2016 and 2017

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to Rules of forming, placement and expenditure of reserve of funds for implementation of compulsory social insurance from labor accidents and occupational diseases in 2015 and for planning period of 2016 and 2017, 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 in 2015 and for planning period of 2016 and 2017" (The Russian Federation Code, 2012, No. 53, Art. 7947; 2013, No. 13, Art. 1559; No. 52, Art. 7213; 2014, No. 32, Art. 4500; 2015, No. 1, Art. 282).

2. Determine that:

the changes approved by this resolution do not extend to the agreements existing on the date of official publication of this resolution based on which the reserve of funds for implementation of compulsory social insurance from labor accidents and occupational diseases was placed on bank deposits in credit institutions concerning which the "Deposit Insurance Agency" State corporation receives confirmations of the Central bank of the Russian Federation about compliance to the requirements necessary for receipt of funds for increase in capitalization, and also about lack of involvement of credit institution into financing of the business connected with founders (participants) of bank, and (or) the companies and organizations which do not have obvious economic perspectives of activities according to procedure and conditions of placement by the Agency of property fee in subordinated loans and (or) subordinated bonds which are established by the board of directors of the Agency according to part 3 of article 3 of the Federal Law "About introduction of amendments to article 11 of the Federal law "About Deposit Insurance in Banks of the Russian Federation" and article 46 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)";

operation of agreements based on which the reserve of funds for implementation of compulsory social insurance from labor accidents and occupational diseases was placed on bank deposits in the credit institutions which are not satisfying to the provisions specified in the paragraph the second this Item remains on condition of provision by such credit institutions to Social Insurance Fund of the Russian Federation of collateral security in the form of pledge of the securities suitable for providing the credits of the Central bank of the Russian Federation, the bank guarantee or the guarantee of the credit institution satisfying to provisions, stipulated in Item 7 Rules of forming, placement and expenditure of reserve of funds for implementation of compulsory social insurance from labor accidents and occupational diseases in 2015 and for planning period of 2016 and 2017 the 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 in 2015 and for planning period of 2016 and 2017" (in edition of this resolution), and in the amount of which covers the amount placed on bank deposits and the percent which are receivable until the end of the term of bank deposit;

if the credit institutions which are not meeting the conditions specified in the paragraph the second this Item did not provide collateral security according to the provisions provided by the paragraph third this Item the agreements signed with them based on which the reserve of funds for implementation of compulsory social insurance from labor accidents and occupational diseases was placed on bank deposits, are subject to termination within 30 days from the date of official publication of this resolution.

3. This resolution becomes effective from the date of its official publication.

Approved by the Order of the Government of the Russian Federation of October 24, 2015 No. 1145

Changes which are made to Rules of forming, placement and expenditure of reserve of funds for implementation of compulsory social insurance from labor accidents and occupational diseases in 2015 and for planning period of 2016 and 2017

From labor accidents and occupational diseases in 2015 and for planning period of 2016 and 2017 to state rules of forming, placement and expenditure of reserve of funds for implementation of compulsory social insurance in the following edition:

"Are approved by the Order of the Government of the Russian Federation of December 24, 2012 No. 1396 (in edition of the Order of the Government of the Russian Federation of October 24, 2015 No. 1145)

Rules of forming, placement and expenditure of reserve of funds for implementation of compulsory social insurance from labor accidents and occupational diseases in 2015 and for planning period of 2016 and 2017

1. These rules establish procedure for forming, placement and expenditure of reserve of funds for implementation of compulsory social insurance from labor accidents and occupational diseases (further - insurance reserve) in 2015 and for planning period of 2016 and 2017.

2. The insurance reserve is created by results of accounting financial year based on the performance report of the budget of Social Insurance Fund of the Russian Federation (further - Fund). Replenishment of insurance reserve is performed for the account:

a) balance on compulsory social insurance from labor accidents and occupational diseases for the beginning of accounting financial year, except for balance of insurance reserve for the beginning of accounting financial year;

b) excesses in reporting financial year of budget receipts of Fund for compulsory social insurance from labor accidents and occupational diseases (except for the capitalized payments arriving in case of liquidation of legal entities - insurers, and income gained from investment of funds of insurance reserve) over its expenses on the specified type of insurance;

c) the capitalized payments arriving in case of liquidation of legal entities - insurers;

d) income gained from investment of funds of insurance reserve.

3. When forming insurance reserve means are excluded from amount of the means which are subject to transfer in insurance reserve in the amount of:

a) the one twenty fourth the total amount of expenses on compulsory social insurance from labor accidents and occupational diseases provided by the Federal Law on the budget of Fund the current financial year;

b) the obligations of Fund formed for the end of accounting financial year, to insurers regarding the expenses exceeding the amount of the assessed insurance premiums;

c) excesses in the current financial year of expenses of the budget of Fund for compulsory social insurance from labor accidents and occupational diseases over its income on the specified type of insurance.

4. Means of insurance reserve can be placed on bank deposits in credit institutions (further - bank deposits) on conditions, stipulated in Item 6 these rules.

5. Means of insurance reserve which are not placed on bank deposits are on the single budget account of Fund opened for territorial authority of the Federal Treasury in division of the Central bank of the Russian Federation.

6. Means of insurance reserve can be placed on bank deposits with the following provisions:

a) currency of the deposit is the currency of the Russian Federation;

b) effective period of the deposit constitutes till 1 year;

c) the deposit interest rate is fixed on all effective period of the deposit;

d) payment of interest income is performed monthly;

e) the possibility of early return of the amount (part of the amount) of the deposit is provided upon the demand of Fund according to Item 29 of these rules;

e) credit institutions in which means of insurance reserve are placed on bank deposits satisfy to the provisions provided by Items 7 or 8 of these rules;

g) the amount of the means of insurance reserve placed in one credit institution cannot exceed 25 percent of total volume of means of insurance reserve.

7. Means of insurance reserve can be placed on bank deposits in the credit institutions meeting the following requirements:

a) availability at credit institution of the license of the Central bank of the Russian Federation for banking operations;

b) availability at credit institution of own means (capital) in the amount of at least 25 billion rubles, calculated by technique of the Central bank of the Russian Federation, as of the last reporting date;

c) finding of credit institution under direct or indirect control of the Central bank of the Russian Federation or the Russian Federation (the credit institution is included in the list of credit institutions posted by the Central bank of the Russian Federation on the official site on the Internet according to part 3 of article 2 of the Federal law "About Opening of Bank Accounts and Letters of Credit, about the Conclusion of Bank Deposit Agreements the Economic Societies Having Strategic Importance for Defense Industry Complex and Security of the Russian Federation and Modification of Separate Legal Acts of the Russian Federation" according to the requirement, stipulated in Item 2 parts 1 of article 2 of the specified Federal Law).

8. Means of insurance reserve can be also placed in credit institutions concerning which or concerning persons, under control or considerable influence of which there are credit institutions, the international sanctions are effective. The list of such credit institutions is determined by the separate decision of the Government of the Russian Federation.

9. Investment of funds of insurance reserve on bank deposits is performed by Fund by selection of requests of credit institutions for the conclusion of agreements of bank deposit (further - requests) and the conclusions with the credit institutions corresponding to the provisions provided by Items 7 and 8 of these rules, agreements of bank deposit. The decision on investment of funds of insurance reserve is made by the chairman Fonda.

10. For the purpose of carrying out selection of requests the Fund determines date of selection of requests, the maximum size of the means placed on bank deposits in the credit institutions corresponding to the provisions provided by Items 7 and 8 of these rules, the term of placement and minimum interest rate of placement of these means.

The minimum interest rate of investment of funds in case of its determination cannot be lower than return rate to repayment of bond issue of federal loan with repayment date, the next to date of release of the deposit.

11. The fund posts on the website on the Internet the following information:

a) date of selection of requests - no later than 5 working days preceding day of carrying out selection of requests;

b) provisions, stipulated in Item 10 these rules, - no later than 10 hours of the working day preceding day of carrying out selection of requests.

12. The limit of investment of funds for credit institution (LimAi) is determined by formula:

 

where:

ri - coefficient for i-y of credit institution, equal:

if i-I credit institution have the size of own means less than 25000 million rubles, - 0,05;

if i-I credit institution have the size of own means from 25000 million rubles to 50000 million rubles inclusive, - 0,1;

if i-I credit institution have the size of own means from 50000 million to 100000 million rubles inclusive, - 0,2;

if i-I credit institution have the size of own means more than 100 000 million rubles, - 0,5;

Ki - the size of own means (capital) i-y of credit institution (one million rubles) according to the reporting posted by the Central bank of the Russian Federation on the official site on the Internet on the date of calculation.

Indicators of LimAi and Ki are rounded (by rules of mathematical rounding) to within integer.

If the calculated limit of investment of funds for credit institution exceeds the most admissible cumulative amount determined according to the subitem "zh" of Item 6 of these rules within which means can be placed on bank deposits, then the size of limit of investment of funds for credit institution is established equal to such most admissible cumulative amount.

13. Credit institutions send to Fund of the request for the form approved by Fund in day of carrying out selection of requests till 17 o'clock Moscow time in writing in sealed envelope.

Along with requests credit institutions send to Fund the following documents (further - document package):

notarized copy of the license of the Central bank of the Russian Federation for banking operations;

the extract from the Unified State Register of Legal Entities received not earlier than before one month about day of the direction of the request;

the inventory of the submitted documents.

All documents entering document package shall be sewed in the single book which contains end-to-end numbering of sheets in the right upper corner on the page face, is sealed sealed) on the back with indication of the number of pages and certified by the authorized signature of credit institution.

Fidelity of copies of the documents which are part of document package shall be separately confirmed with the authorized signature of credit institution and seal of credit institution.

In case of receipt of the request and document package the Fund confirms in writing their receipt during the day of carrying out selection of requests.

14. The fund accepts requests and document packages from credit institutions and keeps their account in the magazine of registration of requests with assignment of number, specifying of date and time of their acceptance. In case of withdrawal of the request and (or) document package in the magazine of registration of requests response time is specified.

15. To participation in selection of requests by Fund only one application submitted by credit institution is accepted. The credit institution has the right to withdraw the request and document package till 17 o'clock Moscow time day of carrying out selection of requests.

16. The fund checks in day of carrying out selection of requests compliance of the credit institutions which directed requests, to the provisions provided by these rules proceeding from official data of the Central bank of the Russian Federation.

17. Obligatory details of the request are the size of the placed money and interest rate which the credit institution offers as essential terms of the contract of bank deposit. The size of money specified in the request of credit institution shall not exceed the limit of investment of funds determined according to Item 12 of these rules.

18. The interest rate specified by credit institution in the request cannot be below the minimum interest rate established by Fund for selection of requests.

19. The requests and document packages given the credit institutions which are not corresponding on the date of carrying out selection of requests to the provisions provided by Items 7 and 8 of these rules and also 17 and 18 these rules submitted with violation of provisions of Items 13, of 15,, are not allowed by Fund to participation in selection of requests.

20. The fund establishes till 18 o'clock Moscow time day of carrying out selection of requests value of interest rate of cutting off (further - cutting off rate). Requests in which interest rates of cutting off rate are provided below are not satisfied. In case of lack of requests or if the interest rates specified in all accepted requests are lower than cutting off rate, the Fund recognizes selection of requests cancelled.

21. The fund following the results of carrying out selection of requests posts on the website on the Internet information on cutting off rate on the made selection of requests or reports about the fact of recognition of carrying out selection of requests cancelled no later than the working day following behind day of carrying out selection of requests.

22. The fund concludes no later than 3 working days following behind day of carrying out selection of requests with corresponding to the provisions provided by Items 7 and 8 of these rules, credit institution the agreement of bank deposit.

23. Agreements of bank deposit are signed on the interest rates provided in requests not below of cutting off rate on the cash amounts specified in requests.

If the cumulative size of means in the requests containing interest rates is not lower than cutting off rate, exceeds the maximum size of the means of insurance reserve placed on bank deposits, agreements of bank deposit on the basis of the requests containing the interest rates equal to cutting off rate consist on the cash amounts calculated in proportion to shares of the specified requests in the total amount of the requests containing the interest rates equal to cutting off rate.

24. The fund lists no later than the 2nd working day following behind day of the conclusion of the agreement of bank deposit on correspondent account of the relevant credit institution in the Central bank of the Russian Federation deposit amount.

25. The credit institution based on the agreement of bank deposit for accounting of the transferred amount opens for Fund the deposit account and represents Fonda the statement from the specified account. The deposit account is opened separately under each agreement of bank deposit.

The credit institution also represents to Fund the statement from the account in case of closing of the deposit account.

26. Return of deposit amount and interest payment for current month on deposit amount are made by credit institution in the day of return of means established by the agreement of bank deposit or in day of return of means on other bases, stipulated in Item 29 these rules, on the single budget account of Fund opened to territorial authority of the Federal Treasury in division of the Central bank of the Russian Federation.

27. In case of violation by credit institution of the terms of the contract of bank deposit connected with return of deposit amount and interest payment on deposit amount, the credit institution shall pay the penalty interests (penalty fee) provided by terms of the contract.

28. The fund during the term of the agreement of bank deposit performs check of compliance of credit institutions in which on bank deposits means of insurance reserve, to requirements, stipulated in Item 7 these rules, proceeding from information posted by the Central bank of the Russian Federation on the official site on the Internet are placed.

29. Means of insurance reserve are used for financial provision of the expenses provided by the Federal Law "About Compulsory Social Insurance from Labor Accidents and Occupational Diseases".

Use of means of insurance reserve is performed in case of exceeding in the current financial year of expenses of the budget of Fund for compulsory social insurance from labor accidents and occupational diseases over its income on the specified type of insurance.

In case of need the Fund has the right to make decisions on early withdrawal of the means of insurance reserve placed on bank deposits in accordance with the terms of the agreement of bank deposit.

If the credit institution ceased to correspond to provisions, stipulated in Item 8 these rules, and also in case of detection of discrepancy of credit institution to requirements, stipulated in Item 7 these rules, the Fund has the right to direct the requirement about immediate return of the deposit amount (deposit) placed in this credit institution.

30. The fund quarterly (the accruing result) along with the performance report of the budget of Fund for the corresponding period of the current financial year represents to the Government of the Russian Federation, the Ministry of Labour and Social Protection of the Russian Federation and the Ministry of Finance of the Russian Federation data on the directions, on amounts and on financial results of placement and expenditure of means of insurance reserve in the form approved with the Ministry of Labour and Social Protection of the Russian Federation and the Ministry of Finance of the Russian Federation which procedure for filling is determined by Fund.

 

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