Made available in DSpace on 2016-04-26T20:21:36Z (GMT). No. of bitstreams: 1 Maria Cibele de Oliveira Ramos Valenca.pdf: 1218086 bytes, checksum: ec1e423b4770c10b6e25c63d685b2794 (MD5) Previous issue date: 2013-05-06 / The focus of this study is to analyze the migration process between benefit plans managed by the closed private pension and verify the possibility of maintaining the standard of living of its participants and, consequently, for their welfare after the completion of migration. The private pension scheme is voluntary and based on reserve to ensure the benefit hired, being characterized by the intention to supplement the benefits provided by the statutory system, ensuring the maintenance of the participants standard life when they retire and stop perform paid activities. This paper consists of five parts. The first part deals with the Social Security System and its purposes. The second part assesses the main features inherent to a private pension scheme, including submission to the principles of the Social Security System and the analysis of the subjects that operationalize within the closed pension. The third part deals with the legal nature of the closed private pension, important to complete this work behold directs the purpose of the private system. The fourth section analyzes the legal technicalities of financial schemes used by closed private pension funds in the creation and management of benefit plans that aim to ensure future comfort to its participants. Finally, the fifth part, are considered the legal aspects of benefit plans, as well as the ownership of their respective assets and other aspects that must be considered in a migration process between benefit plans devised by sponsors. The research is important because it will allow conclusions about the relevance of this change specifically in relation to social security protection of participants who originally joined the benefits plan other than the one that will pay benefits in the future / O foco deste estudo é analisar o processo de migração entre planos de benefícios geridos por entidades fechadas de previdência privada e verificar a possibilidade de manutenção do padrão de vida dos seus participantes e, consequentemente, do seu bem-estar social após a concretização da migração. O regime de previdência privada é facultativo e baseado na constituição de reservas que garantam o benefício contratado, sendo caracterizado pelo propósito de complementar os benefícios oferecidos pelo regime oficial, garantindo a manutenção do padrão de vida dos participantes no momento em que se aposentam e deixam de exercer atividades remuneradas. O presente trabalho é composto por cinco partes. A primeira parte versa sobre o Sistema de Seguridade Social e suas finalidades. A segunda parte avalia as principais características inerentes ao regime de previdência privada, incluindo a submissão aos princípios do Sistema de Seguridade Social e a análise dos sujeitos que a operacionalizam no âmbito da previdência fechada. A terceira parte trata da natureza jurídica das entidades fechadas de previdência privada, aspecto importante para a conclusão deste trabalho, uma vez que direcionará a finalidade do regime privado. A quarta parte analisa os aspectos técnicos jurídicos dos regimes financeiros utilizados pelas entidades de previdência privada fechada na criação e gestão dos planos de benefícios que almejam garantir conforto futuro aos seus participantes. Por fim, na quinta parte são considerados os aspectos jurídicos dos planos de benefícios, bem como a titularidade de seus respectivos patrimônios e os demais aspectos que devem ser considerados em um processo de migração entre planos de benefícios idealizados pelos patrocinadores. A investigação é relevante pois permitirá concluir a respeito da pertinência dessa alteração especificamente em relação à proteção previdenciária dos participantes que originalmente aderiram a um plano de benefícios distinto daquele que pagará seus benefícios no futuro

Asset and Liability Management (ALM) models have become well established decision tools for pension funds. ALMs are commonly modelled as multi-stage, in which a large terminal wealth is required, while at intermediate time periods, constraints on the funding ratio, that is, the ratio of assets to liabilities, are imposed. Underfunding occurs when the funding ratio is too low; a target value for funding ratios is pre-specified by the decision maker. The risk of underfunding has been usually modelled by employing established risk measures; this controls one single aspect of the funding ratio distributions. For example, controlling the expected shortfall below the target has limited power in controlling shortfall under worst-case scenarios. We propose ALM models in which the risk of underfunding is modelled based on the concept of Second Order Stochastic Dominance (SSD). This is a criterion of ranking random variables - in our case funding ratios - that takes the entire distributions of interest into account and works under the widely accepted assumptions of decision makers being rational and risk averse. In the proposed SSD models, investment decisions are taken such that the resulting short-term distribution of the funding ratio is non-dominated with respect to SSD, while a constraint is imposed on the expected terminal wealth. This is done by considering progressively larger tails of the funding ratio distribution and considering target levels for them; a target distribution is thus implied. Different target distributions lead to different SSD efficient solutions. Improved distributions of funding ratios may be thus achieved, compared to the existing risk models for ALM. This is the first contribution of this thesis. Interesting results are obtained in the special case when the target distribution is deterministic, specified by one single outcome. In this case, we can obtain equivalent risk minimisation models, with risk defined as expected shortfall or as worst case loss. This represents the second contribution. The third contribution is a framework for scenario generation based on the "Birth, Immigration, Death, Emigration" (BIDE) population model and the Empirical copula; the scenarios are used to evaluate the proposed models and their special cases both in-sample and out-of-sample. As an application, we consider the planning problem of a large DB pension fund in Saudi Arabia.

The Master Thesis focuses on the description of two selected European pension systems, comparing primarily the structure and funding of Czech and Swiss pension models, the performance of pension funds and the conditions under which senior citizens are entitled to old age pension. The Thesis also arouses the question wheather the steps to reform the Czech pension system could be inspired by a foreign system and wheather the Swiss model would set a suitable example.

Com as transformações ocorridas nas últimas décadas do século XX, notadamente a expansão financeira pela qual passou o capitalismo, o enfraquecimento fiscal dos Estados nacionais e o questionamento aos sistemas de previdência pública por repartição, ganham importância em todo o mundo os fundos de pensão. Estes fundos, ao lado de outros investidores institucionais, como seguradoras e fundos de investimentos, passam a cumprir papel central no mercado acionário e também no mercado de títulos públicos e privados. Com o objetivo de realizar lucros para pagar benefícios de aposentadoria para os seus participantes, os fundos de pensão arrecadam e concentram poupança privada pulverizada, transformando-a em um ativo poderoso. No Brasil, as Entidades Fechadas de Previdência Complementar nomenclatura jurídica dos fundos de pensão possuem um total de 702 bilhões de reais em ativos, que se concentram nas três maiores entidades do país: Previ, Petros e Funcef. Em comum, estes três fundos têm o fato de serem patrocinados por empresas estatais, o que, pela legislação vigente, dá ao Poder Executivo a competência de indicar metade de seus dirigentes, incluindo o seu presidente que possui voto de desempate. O presente trabalho pesquisou o papel que estas três EFPCs cumprem enquanto instrumento de atuação do Estado no domínio econômico, especialmente para o provimento de fundos para o desenvolvimento. Para isso, primeiramente, o estudo explora o movimento de expansão financeira do capitalismo e a crise no padrão de desenvolvimento brasileiro. Depois, investiga de maneira sistemática o arcabouço jurídico que regula os fundos de pensão; e, por fim, analisa a alocação dos seus investimentos e o perfil dos seus dirigentes. / With the changes occurred in the last decades of the twentieth century, notably the financial expansion that has occurred in capitalism, the fiscal weakening of national states and the questioning of the public pension Pay as You Go systems, the pension funds increases their importance worldwide. These funds, along with other institutional investors, such as insurance companies and investment funds, started to fulfill a central role in the stock market and also in the public and private securities market. In order to make profits to pay retirement benefits to its participants, pension funds collect and concentrate spread private saving, transforming it into a powerful asset. In Brazil, the Closed Pension Funds Entities - Legal classification of pension funds - have a total of 702 billion reais in assets, which are concentrated in the three largest countrys entities: Previ, Petros and Funcef. In common, these three funds are sponsored by state-owned enterprises, which, by Law, gives the Executive Branch the power to appoint half of its leaders, including the President, who has the casting vote. This study investigated the role that these three EFPCs meet as state action instrument in the economic field, especially for the provision of funds for development. To achieve this, we studied the movement of financial expansion of capitalism, the crisis in the Brazilian development pattern and the whole legal framework that regulates the pension funds, to, then, move to an analysis of the allocation of its investments and the profile of its leaders.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2012 / The amendment of section 30I (3) of the Pension Funds Act No.24 of 1956 by the provisions of section 30I of the Pension Funds Amendment Act No.11 of 2007 poses a serious threat to the constitutional right to social security (Section 27 (1) (c) of the Constitution). The amendment places this challenge on this right because it places some form of time-barring on the member of the fund or the complainant (his or her dependent) when lodging a pension funds complaint after a prescribed time has elapsed (three years) and the Adjudicator will no longer have no powers to condone such a late referral despite good cause shown and prospects of success on the part of the complainant. The said amendment has placed the poor more especially those in the rural areas in a disadvantageous position, because most of them are illiterate and not aware of their pension law rights. This means that even though they are entitled to the pension funds benefits, they cannot access it if they lodged their complaint outside the three-year period.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / This study will analyse section 37D of the Pension Funds Act, 24 of 1956. The analysis will also give insight to pension benefits, and how they are afforded special protection by the legislature. Section 37A (1) prohibits the reduction, transfer, cession, pledge or hypothecation of pension benefits. In terms of the Act if a member becomes insolvent, pension benefits are deemed not to form part of the insolvent estate and are thereby protected from erosion by creditors. Section 37C of the Act deems pension benefits payable on the death of a member, subject to certain exceptions, not to form part of the assets of the estate of the deceased member. Section 19 of the Act also serves to protect pension benefits by restricting the manner in which a fund’s assets may be invested.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / This mini dissertation relates to the payment of divorce benefits to a former spouse upon divorce and recent amendments that have taken place in the Pension Funds Act 24 of 1956.Particular reference is made to the amendment of Section 37D.This amendment has brought about changes that will contribute positively to the development of South African Retirement Law. The discussion below deals with the unfairness to non-member former spouses before 1st November 2008. An analysis of pension interest taking into account relevant statutory provisions and case law will be dealt with as well. A classification between a member spouse and a former spouse in order to determine who is responsible to pay tax upon divorce. In terms of the Divorce Act 70 of 1979 the former spouse of a retirement fund on divorce could be awarded by the court a portion of the benefits that the member would have received had she/he resigned on the date of divorce. The former spouse was only entitled to receive that share when the member became entitled to a benefit in terms of the rules of the fund which states on his/her retirement or termination of membership which could have been many years after the date of the divorce. Dissolution of Customary marriages will also be discussed and the benefit a divorced spouse has at the dissolution of marriage.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / This mini-dissertation evaluates the laws regulating beneficiary funds in South Africa. A beneficiary fund is a fund established for the purposes of accepting lump sum death benefits awarded in terms of Section37C of the Pension Funds Act (the Act) to a beneficiary (dependant or nominee) on the death of a member, which are not paid directly to that beneficiary or to a trust nominated by the member, or to the member’s estate or to the guardian’s fund. This replaces the previous payments to trusts and a fund can now only pay to a trust if the trust was nominated by the member, a major dependant or nominee; a person recognised in law or appointed by a court as the person responsible for managing the affairs or meeting the daily care needs of a minor or incapacitated major dependant or nominee. Any association of persons or business carried on under a fund or arrangement established with the object of receiving, administering, investing and paying benefits, referred to in section 37C on behalf of beneficiaries, payable on the death of more than one member of one or more pension funds is a beneficiary fund and must be registered by the Financial Services Board and approved. Beneficiary funds were introduced as a result of the amendments to the Pension Funds Act into the Financial Services Laws General Amendment Act, 22 of 2008. The beneficiary funds were introduced with stronger regulatory framework. They have sufficient governance, reporting requirements and conduct annual audits.

Thesis (LLM> (Labour Law)) -- University og Limpopo, 2013 / The South African government has paid compensation in a form of special pension to individuals who have been exposed to certain types of hardship and suffering caused by the governments or their predecessors. This compensation is described as ‘the appreciation or sense of guilty of society towards those people on whom the government has rightfully or wrongfully and at any rate disproportionally inflicted damage’. Government have been prepared to pay compensation to the following persons: former enemies, victims of war, victims of harmful compulsory vaccination measures, persons who had sacrificed their jobs and education in the process of overturning oppressive governments establishing democratic government; and persons whose basic human rights had been violated by governments or their predecessors. These persons have sacrificed their lives either in exile or within South Africa fighting for South Africa to be democratic. These persons must prove that they served their respective political organisations for a period of five years or above or they were banished or restricted in certain area or imprisoned or sentenced.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / This mini-dissertation evaluates the laws regulating beneficiary funds in South Africa. A beneficiary fund is a fund established for the purposes of accepting lump sum death benefits awarded in terms of Section37C of the Pension Funds Act (the Act) to a beneficiary (dependant or nominee) on the death of a member, which are not paid directly to that beneficiary or to a trust nominated by the member, or to the member’s estate or to the guardian’s fund. This replaces the previous payments to trusts and a fund can now only pay to a trust if the trust was nominated by the member, a major dependant or nominee; a person recognised in law or appointed by a court as the person responsible for managing the affairs or meeting the daily care needs of a minor or incapacitated major dependant or nominee. Any association of persons or business carried on under a fund or arrangement established with the object of receiving, administering, investing and paying benefits, referred to in section 37C on behalf of beneficiaries, payable on the death of more than one member of one or more pension funds is a beneficiary fund and must be registered by the Financial Services Board and approved. Beneficiary funds were introduced as a result of the amendments to the Pension Funds Act into the Financial Services Laws General Amendment Act, 22 of 2008. The beneficiary funds were introduced with stronger regulatory framework. They have sufficient governance, reporting requirements and conduct annual audits.