Situations when a citizen understands that he was transferred to a new NPF without consent, according to a “fake” application, are quite common. Savings of citizens are transferred to other organizations, with a smaller interest rate or bad reviews.

Most often, people learn about such a translation by accident. And immediately they have a question, what to do if the money was transferred to the NPF fraudulently? More on this later.

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The process of transferring the funded part of the pension

Transferring to an NPF without the consent of the client is a violation of the law, because according to the latest reforms, citizens have the opportunity to manage pension savings on their own, and not under pressure from third parties.

One of the options for such management is the transfer of funds to the Non-State Pension Fund, which became especially relevant in 2014, when the PFR officially stopped the formation of savings. Now the money is automatically sent to the insurance part of the pension.

The advantage of pension savings over insurance premiums is that this money will be an addition to the pension, which is what most citizens are interested in. That is why it became possible to deposit additional funds into your account in order to increase your income in the future.

The convenience of such a pension reform lies in the fact that NPFs pass on all savings in the order of inheritance. That is, in the case sudden death the insurer, the funds will go to his relatives, and not disappear.

There are no mandatory requirements for transferring funds to NPFs in the legislation. Thanks to this, citizens have the opportunity to take advantage of a number of advantages:

1. The possibility of a significant increase in their pension savings, in comparison with the conditions offered by the state pension fund.
2. Account holders can independently track the movement of their funds, for example, through special online services.
3. The conclusion of the contract for the transfer of funds is made only once, there is no need to re-register the documents every year.
4. All cash kept on NPF accounts are insured. If the company goes bankrupt, all the money will be returned to the owners.
5. If the applicant is not satisfied with the fund for any reason, he has the right to renew the contract at any time.

When is it possible to transfer a pension without notifying the owner

After the adoption of a legislative act on the mandatory transfer of a part of the pension from the state fund, NPFs became more active and began to act aggressively. For example, most of these firms hire agents to represent them and "sell" a new contract to an unlucky client.

Most often, scammers act in this way: the agent rings the doorbell of the apartment and asks the tenant to show.

In this case, the following arguments are used:

1. Registration of various documents, without which the percentage of growth of the funded part may decrease, or such interest will not be accrued.
2. Conducting a population census in order to draw up inserts that will contain information about valid SNILS.

Rarely there are cases when a person is simply offered to sign a form for transfer to another fund.

Despite the fact that the FIU has repeatedly made statements that its employees do not go from door to door, there are citizens who fall for the bait of such scammers.

Another way in which a transfer is carried out to an NPF without the consent of the client is the execution of documents at a recruitment agency. Often, along with a contract for the provision of services, a person is given an application to transfer pension funds to a non-state pension fund.

How to solve the problem of transferring funds to a non-state pension fund

What to do if there was a transfer to an NPF without consent?

There are 5 ways to solve this problem:

1. First of all, you need to go to the nearest department of the state FIU and write a statement about the illegal transfer of funds to the NPF. Within a calendar month, the department in each region collects such notifications, after which it sends them to the central FIU to resolve the conflict.
2. The second option is to send a written claim to the organization where the funds were illegally transferred. The claim reflects the client's disagreement with the transfer of savings, loss of income from investing this part of the pension.
   In this case, the citizen has the right to demand the provision of certified copies of the documents on the basis of which his pension savings were transferred to a new organization.
3. The next way is to file a complaint against the fund's actions with the Central Bank, which regulates and controls the activities of such organizations in the field of compulsory pension insurance.
4. Another popular way is to go to court. If the applicant manages to prove that his funds were transferred to the NPF without his knowledge and consent, then the contract is invalidated, and all accumulated funds will be sent back to the previous insurance company. The transfer is carried out within 30 days from the date of entry into force of the court decision.
5. The best option is to apply for the transfer of your savings to the previous fund. This must be done by the end of this year.

Liability for illegal translation

Improper transfer to NPFs without consent has become such a big problem that a bill has been passed making it punishable.

According to the norms of this act, violators are held liable in the form of a fine, the amount of which depends on who the culprit is:

1. The organization is subject to a fine of 700,000 rubles.
2. For an official, the fine is 30,000 rubles.
3. For a repeated offense committed by an official, an increase in the amount of punishment to 50,000 rubles is provided. or removal from office for up to 2 years.

According to the requirements of Russian legislation, if an organization provides false information about the insurer to the State Pension Fund, which causes an illegal transfer of funds to the NPF, this legal entity is restricted from entering into new insurance contracts.

The FIU itself should come up with such a proposal, it makes no sense for the victim to make a similar request to law enforcement agencies, since this is not within their competence, because the fraudulent actions of a non-governmental organization do not contain any signs of a crime provided for by the Criminal Code of the Russian Federation.

Fraud cannot be grounds for bringing the perpetrator to criminal liability, since there is no real damage to the applicant's finances. After all, no one appropriates money; in practice, there is only a transfer of the right to save them.

How not to fall for scammers

There are several ways in which a person can maintain their rights and savings.

1. First of all, do not show your documents to anyone. Representatives of state insurance companies do not go door to door and do not offer their services, and large NPFs also do not need such intrusive and illegal advertising of their services.
2. You can not sign contracts with unfamiliar representatives from companies.
3. If a person is worried about the safety of his pension savings, he can apply to the FIU to write an application to keep all contributions unchanged for the next year.
   If there is such an appeal from the insurer, the funds cannot be transferred, even if a new application for such a desire is presented.

If a person nevertheless signed such an application, and his funds were transferred to the account of the Non-State Pension Fund, all measures must be taken as soon as possible to correct this error.

Recall that it is possible to transfer savings without loss no more than once every 5 years, otherwise the future pensioner will suffer damage in the form of loss of investment income. In 2019-2020, transferring pension savings without loss is beneficial only to those citizens who last wrote an application for choosing an insurer in 2014, and this application was considered positively by the Pension Fund. In all other cases, the transfer threatens with a loss of investment income, at least for the current year.

In 2019-2020, savings can be transferred to NPFs only by personally contacting the PFR department or through the State Services portal. Now neither state funds nor multifunctional centers accept such applications.

Dear readers!

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

DECISION

IN THE NAME OF THE RUSSIAN FEDERATION

July 04, 2014 Golovinsky District Court of Moscow
as part of the presiding judge Novikova E.A.
under Secretary Mayorov D.V.,
examined in open court civil case № 2-1801/12 on the claim Golovinsky interdistrict prosecutor g.Moscow in the interests of Bukvareva A.A. to the Non-profit organization Non-state pension fund "Norilsk Nickel" on the invalidation of the contract on compulsory pension insurance and the transfer of the funded part of the labor pension, the court

SET UP:
Golovinsky interdistrict prosecutor of Moscow filed a lawsuit in the interests of Bukvareva A.A. to the defendant Non-profit organization Non-state pension fund "Norilsk Nickel" and asks to invalidate the agreement on compulsory pension insurance No. 02.12.2010, the parties to which are Bukvareva A.A. and Non-profit organization Non-state pension fund "Norilsk Nickel" and oblige the defendant to transfer the funded part of the labor pension Bukvareva A.A. to the Pension Fund of the Russian Federation.

The plaintiff motivates his claims by the fact that Bukvareva A.A. applied to the prosecutor's office with a statement about the illegal transfer of her pension savings funds from the Pension Fund of the Russian Federation to the Norilsk Nickel Non-State Pension Fund, since she did not express her will, did not sign the contract, she became aware of the transfer of pension savings from the notification of the Pension Fund of the Russian Federation about making changes to the unified register of insured persons.

At the court session, M.K. Postavnicheva, an assistant to the Golovinsky Interdistrict Prosecutor of the City of Moscow, acting on the basis of a power of attorney, supported the claim regarding the claims to invalidate the contract on compulsory pension insurance No. dated 02.12. the funded part of the labor pension Bukvareva A.A. to the Pension Fund of the Russian Federation, in view of the transfer of the defendant 30.03.2012g. means of pension savings Bukvareva A.A. in the amount of 26693 rubles. 23 kop. to the Pension Fund of the Russian Federation.

Claimant Bukvareva A.A. the time and place of the hearing notified, the court did not appear.

Defendant Non-profit organization Non-state pension fund "Norilsk Nickel" was notified of the time and place of the court session, the representative did not appear in court.

The third party of the State Pension Fund of the Russian Federation, represented by a representative acting on the basis of a power of attorney Rybnikova Yu.V., supports the claim.

The court, having heard the prosecutor, a representative of a third party of the State Pension Fund of the Russian Federation, acting on the basis of a power of attorney to Yu.V. Rybnikov, having checked and studied the case materials, comes to the following.

According to part 2 of article 1 of the Civil Code of the Russian Federation, citizens (individuals) and legal entities acquire and carry out their civil rights their own will and in their own interest. They are free to establish their rights and obligations on the basis of the contract and to determine any terms of the contract that do not contradict the law.

In accordance with Part 1 of Article 166 of the Civil Code of the Russian Federation, a transaction is invalid on the grounds established by this Code, by virtue of its recognition as such by a court (disputable transaction) or regardless of such recognition (void transaction).

According to part 1 of article 167 of the Civil Code of the Russian Federation, an invalid transaction does not entail legal consequences, with the exception of those related to its invalidity, and is invalid from the moment it is made.

By virtue of Art. 168 of the Civil Code of the Russian Federation, a transaction that does not comply with the requirements of the law or other legal acts is void, unless the law establishes that such a transaction is voidable, or does not provide for other consequences of the violation.

In accordance with Article 160 of the Civil Code of the Russian Federation, a transaction in writing must be made by drawing up a document expressing its content and signed by the person or persons making the transaction, or persons duly authorized by them.

According to part 2 of article 434 of the Civil Code of the Russian Federation, an agreement in writing can be concluded by drawing up one document signed by the parties ...

As established at the hearing and follows from the case file, Bukvareva A.A. was in a contractual relationship for compulsory pension insurance with the Pension Fund of the Russian Federation and had no intention of transferring the funded part of her labor pension to the Non-State Pension Fund Norilsk Nickel. However, according to the notification of the Pension Fund of the Russian Federation of March 17, 2011, received by the plaintiff, the funds of her pension savings were transferred to the Norilsk Nickel Non-State Pension Fund, based on the plaintiff's statement of December 16, 2010. No. on the transfer of pension savings from the state pension fund to the non-state pension fund Norilsk Nickel, as well as newly incoming pension savings reflected in the special part of the personal account No. in accordance with the contract on compulsory pension insurance No. dated 02.12.2010. (ld 5-6.17).

These circumstances are not disputed by the defendant, the defendant Non-profit organization Non-state pension fund "Norilsk Nickel" submitted a certificate to the case file stating that, in accordance with the Notice of Amendments to the Unified Register of Insured Persons dated 15.03.2012. No. of the pension savings fund of Bukvareva A.A. (No.) in the amount of 26693 rubles. 23 kop. transferred to the Pension Fund of the Russian Federation on March 30, 2012. as part of the amount of 956288514 rubles. 08 kop., which is confirmed by the copy of the payment order No. dated 30.03.2012, an extract from the register dated 30.03.2012, submitted to the case file. No. (serial number No.) (case sheet 52.53); response to the request of the court of the Pension Fund of the Russian Federation dated 19.06.2012. No. that the means of pension savings Bukvareva A.A. were transferred by the non-profit organization Non-State Pension Fund Norilsk Nickel to the Pension Fund of the Russian Federation on March 30, 2012 in the amount of 26,693 rubles. 23 kop. (case file 73).

According to Part 2 of Article 68 of the Code of Civil Procedure of the Russian Federation, the recognition by a party of the circumstances on which the other party bases its claims or objections relieves the latter from the need to further prove these circumstances.

Whereas, the defendant does not dispute the arguments of the plaintiffs to the effect that Bukvareva A.A. did not sign an agreement on compulsory pension insurance No. dated 02.12.10, by virtue of Article 168 of the Civil Code of the Russian Federation, part 1 of Article 167 of the Civil Code of the Russian Federation, the court concludes that this agreement on compulsory pension insurance, the parties to which are Non-State pension fund - Non-profit organization Non-state pension fund "Norilsk Nickel" and Bukvareva A.A., is invalid, because in the course of judicial trial authentically established that Bukvareva A.A. did not express its will to transfer from the Pension Fund of the Russian Federation to the Norilsk Nickel Non-State Pension Fund and transfer pension savings to it, did not sign an agreement with the Non-Commercial Organization Non-State Pension Fund Norilsk Nickel, and therefore the form of the transaction required by law was violated. The legal consequence of the recognition of the contract as invalid is the transfer by the defendant of pension savings Bukvareva A.A. previous insurer - to the Pension Fund of the Russian Federation.

In view of the fact established at the hearing of the transfer defendant 30.03.2012g. means of pension savings Bukvareva A.A. in the amount of 26693 rubles. 23 kop. to the Pension Fund of the Russian Federation, in satisfaction of the requirements in terms of imposing on the defendant the obligation to transfer the funded part of the labor pension Bukvareva A.A. to the Pension Fund of the Russian Federation should be denied.

In accordance with Part 1 of Article 103 of the Code of Civil Procedure of the Russian Federation, a state duty to the budget of the city of Moscow in the amount of 200 rubles is subject to collection from the defendant, from the payment of which the Claimant, by virtue of paragraph 9 of Part 1 of Article 333.36 of the Tax Code Russian Federation, released.

Based on the foregoing, guided by Articles 194-198 of the Code of Civil Procedure of the Russian Federation, the court

I DECIDED:
To invalidate the agreement on compulsory pension insurance No. dated 02.12.2010, the parties to which are the Non-State Pension Fund - Non-Profit Organization Non-State Pension Fund "Norilsk Nickel" and Bukvareva A.A.

Collect from the non-profit organization Non-state pension fund "Norilsk Nickel" the state duty to the budget of Moscow in the amount of 200 rubles.

The rest of the claim is denied.

The decision may be appealed to the Moscow City Court by filing appeal within a month from the date of the adoption of the final court decision through the office for civil cases of the Golovinsky District Court of Moscow.

Did you find a notification from the Pension Fund in the mailbox that your application was satisfied and pension savings were transferred to a non-state pension fund? Did you write any statements? It is likely that scammers did it for you. How to return your pension savings if they were illegally transferred to NPF?

If you received such a notification from the PFR and are sure that your pension savings were transferred to the NPF unlawfully or you were misled, you should immediately contact the PFR office at the place of residence or place of actual residence. PFR specialists will explain your rights to manage pension savings, including the transfer of pension funds back to the FIU or NPF of your choice.

You have the right to file a claim with the NPF to which your pension savings were illegally transferred. The text of the claim is drawn up in free form. The NPF is obliged to inform you on the basis of which your pension savings were transferred to this NPF. The NPF must necessarily have the original agreement with you on the transfer of pension savings.

You can write a complaint against the NPF, to which your pension savings are transferred, and send it to the Pension Fund of the Russian Federation through the online reception or by mail in a simple letter (119991, Moscow, Shabolovka St., 4, Department for Work with Citizens' Appeals) . You can also leave a complaint and get advice on further actions at the “Counseling Center” on the PFR website by calling the PFR hotline at 8 800 775-54-45.

At the same time, the Pension Fund of the Russian Federation reminds: your pension savings do not disappear anywhere. These funds are still on your individual personal account in the compulsory pension insurance system.

What's upWhat if your savings were transferred illegally?

To transfer pension savings back to the Pension Fund of the Russian Federation, no later than December 31 of the current year, you must apply to the territorial authority with one of the following applications:

• application for transfer from a non-state pension fund to the PFR;


• an application for early transfer from a non-state pension fund to the PFR.

Also, at your request, you can stay in this NPF or transfer to another fund.
It should be noted that the transition is carried out once every five years, and early transition can be carried out annually. In addition, the procedure for calculating the amounts of pension savings to be transferred to a new insurer differs. A longer period of management by the insurer of pension savings is more beneficial for the insured person.

REMINDER!

If you were born in 1967 or younger and continue to form a funded pension, then you have the right to refuse to form a funded pension and direct the entire amount of the employer's insurance premiums to finance only the insurance pension. At the same time, all previously formed pension savings are preserved: they continue to be invested and will be paid in full when you receive the right to retire and apply for its appointment.

In order to refuse the funded pension, it is necessary to submit a corresponding application to the territorial body of the Pension Fund of the Russian Federation at the place of residence.*

*if you have never submitted an application to the Pension Fund of the Russian Federation for the choice of a management company or a non-state pension fund and have not become a victim of an illegal transfer of pension savings, you do not need to apply for a waiver of a funded pension. It has automatically ceased to form since 2016.

Popular methods of fraud with the transfer of pension savings

Method 1

Agents of a non-state pension fund come to your work (or even home) (as a rule, they do not specify that they represent a private structure) and, appealing to non-existent provisions of the law, urge you to immediately transfer your pension savings - otherwise they will allegedly “burn out”, their “zero”, etc.

What to do: if strangers came to your house, then at least you do not need to open the door. If for work, then refuse the offered services. In case of extreme persistence, call the police. Remember: employees of the Pension Fund of Russia do not go home and your funded pension will not “burn out” and will not “reset”.

Method 2

Very often, stores do not give a loan for the purchase of small equipment without the consent of transferring pension savings to any NPF. They argue in different ways: for example, without this it will not be possible to quickly get a loan.

However, there are cases when people did not sign anything at all, and they received “letters of happiness” from the FIU. This happens when copies of your documents are taken during the loan processing. These copies fall into the hands of scammers who forge the documents necessary for the transfer of funds, including your signature.

What to do: if one of the conditions for granting a loan is the transfer of pension savings, and you do not want to transfer them anywhere, we advise you to find another organization to apply for a loan. If possible, do not leave copies of documents in order to avoid fraudulent activities after applying for a loan. If you find that your funds were transferred using forged documents (including your signature), be sure to contact the FIU and law enforcement agencies!

Method 3

When drawing up any documents (when obtaining a loan, purchasing equipment, registering services, etc.), scammers do not sign the entire agreement on the transfer of pension savings, but only its second page. At the same time, it is hidden in a pile of other papers and is not dated. After signing the required page, it is attached to the contract and fraudsters will be able to use such a document in the future.

What to do: there is only one piece of advice - carefully read everything that you are going to sign. Only your own attentiveness will save you from the actions of scammers.

Method 4

Job seekers often turn to recruitment agencies for help in finding employment. Here they are waiting for an unpleasant opportunity to transfer their pension savings. Fraudsters work according to two schemes: in the first case, the applicant signs an agreement discreetly placed in a pile of papers, in the second case, the applicant is guaranteed employment if his pension savings are transferred to the required NPF. As a rule, in neither case does a person get a job.

What to do: as with the previous method, only your own attentiveness can save you. If you are assured that you will get a job only after the transfer of pension savings, contact another recruitment agency that does not impose this kind of service.

AT recent times the situation with transfers of pension savings of Russians between NPFs without their knowledge has worsened. In 2017, 2.6 thousand people complained to the Central Bank about this.

This situation is connected with the ongoing "moratorium" on accumulation. Non-state pension funds cannot attract "fresh" funds, so some of them try to illegally replenish their client base at the expense of people who have savings in other NPFs.

Citizens learn about the transfer from a notice from the old fund about the early termination of the contract or from a letter from the new fund confirming the receipt of money. A person who is confronted with a fact in such an important matter naturally feels deceived. Moreover, the point is not only in the moral side of the issue: when transferring funds, investment income is lost. You can change NPF without loss only once every 5 years. In case of early transfer, the calculation is made “at face value”, the interest accrued over the past years remains in the old fund.

How to act in such cases?

According to Valery Vinogradov, adviser to the president of the NAPF, first you need to send a request to the NPF so that they provide certified copies of the contract and application for the transfer of pension savings. These documents will help clarify the situation, it will be possible to determine from them where the transfer order came from, who signed it. If the application has a fake signature, you can safely defend your rights, including in court.

Sometimes the problem is solved at the pre-trial stage. NPF managers do not like scandals, if they see that the client is acting correctly, they usually agree to return the money and compensate for losses from the loss of investment income.

When an agreement cannot be reached, one has to sue. Samples of claims for recognition of contracts as invalid are posted on www.napf.ru and all-pf.com. Under the law, a foundation can be held liable for the actions of its agents. Here is the application of Art. 15.29 of the Code of Administrative Offenses is complicated by the need to prove the fact of forgery of the signature on the application.

Commentary of the Central Bank

If it turned out that the agreement on the transfer of funds was concluded behind the back of the victim or he signed the document under the influence of false information, then it is quite possible to avoid material damage. Much depends on how long ago it all took shape:

1. If the contracts with the old and new funds were drawn up in the same year, it is necessary to write to the new NPF a request to declare the contract invalid. You also need to apply to the FIU before December 31 with an application to change the insurer.

2. If the existence of a new treaty is discovered after a year, it will be more difficult to resolve the situation. The contract will become invalid only after the appropriate decision of the court. When this issue is successfully resolved, it is necessary to contact the FIU with a request to return the savings to the previous fund.

Resolution No. 2-3633/2013 2-19-14 2-19/2014(2-3633/2013;) 2-19/2014 dated February 26, 2014

Case No. 2-19-14

DECISION

IN THE NAME OF THE RUSSIAN FEDERATION

February 26, 2014 Orenburg

Central District Court of Orenburg consisting of:

presiding judge Goncharova E.T.

Under Secretary Kulneva L.V.

With the participation of the assistant prosecutor Popova E.A., the representative of the defendant Ivantsova E.S., acting on the basis of a power of attorney, the representative of the interested person - FIU Osokina A.N., acting on the basis of a power of attorney,

Having examined in open court a civil case at the suit of the prosecutor of the Central District of the city of Orenburg in the interests of the Russian Federation represented by the Office of the Pension Fund of the Russian Federation (state institution) and Galda Yew.The. to the non-state pension fund "RGS" on the recognition of an agreement on compulsory pension insurance as invalid, the application of the consequences of the invalidity of a void transaction,

SET UP:

The Prosecutor of the Central District of Orenburg appealed to the court with the above claim, stating that as a result of the check carried out on the basis of the appeal of Galda Yew.The. established that on the basis of an agreement on compulsory pension insurance pension savings Galda Yew.The. transferred to NPF "RGS". Assuming the transfer of pension savings Galda Yu.V. from the state to a non-state pension fund illegal, since the latter did not submit an application for the transfer of pension savings, did not conclude an agreement with NPF "RGS", asked to apply the consequences of the nullity of the contract on compulsory pension insurance between the non-state pension fund "RGS" and Galda Yu.V. from DD.MM.YYYY, namely: to oblige NPF «RGS» to terminate the said agreement and transfer pension savings Galda Yew.The. to the Pension Fund of the Russian Federation.

Subsequently, the prosecutor repeatedly clarified the claims, finally asked to recognize the contract on compulsory pension insurance between the non-state pension fund “RGS” and Galda Yu.V. from DD.MM.YYYY invalid (void), apply the consequences of the invalidity of the transaction, obliging NPF "RGS" to transfer to the Pension Fund of the Russian Federation, accrued on the basis of the results of previous financial years and the beginning of the new financial year until the transfer of investment income and pension savings received by the fund, reflected on a pension account in the name of Galda Yu.V.

Assistant Prosecutor E.A. Popova at the hearing, the claims were supported in full, asked the claims to be satisfied on the grounds set out in the amended statement of claim, indicating that, in addition to the will of the insured, his pension savings were illegally transferred to the defendant, about which Galda Yew.The. not notified in a timely manner.

The representative of the defendant Ivantsova E.C. at the hearing objected to the satisfaction of the claims. explained to the court, that Galda Yew.The. was notified of the transfer of pension savings from the Pension Fund of the Russian Federation to NPF "RGS" in a timely manner, but did not apply with a statement or demands. In addition, she asked to take into account that the plaintiff is inappropriate and asked to refuse to satisfy the claim on these grounds.

The representative of the interested person of the Office of the Pension Fund of the Russian Federation (state institution) Osokina A.N. at the court session, she did not object to the satisfaction of the claims, asked to satisfy the claims in full, indicating that upon receipt of the application and the contract presented in the case file, they transferred the savings to the defendant, they do not exercise the authority to verify the authenticity of the submitted documents due to the lack of this powers.

After hearing the views of the parties, examining the materials of the case, evaluating the evidence presented, the court comes to the following conclusion.

According to part 4 of Art. 36.4 of the Federal Law “On Compulsory Pension Insurance in the Russian Federation”, when concluding an agreement on compulsory pension insurance, if the insured person exercises the right to refuse to form the funded part of the labor pension through the Pension Fund of the Russian Federation and the right to choose a fund for the formation of the funded part of the labor pension, must be observed following order:

An application for transfer to the fund is sent by the insured person to the Pension Fund of the Russian Federation in the manner prescribed by Article 36.7 of this Federal Law;

The Pension Fund of the Russian Federation shall make appropriate changes to the unified register of insured persons before March 1 of the year following the year in which the insured person submitted an application for transfer to the fund, provided that the fund has notified the Pension Fund of the Russian Federation of the newly concluded agreement with the insured person on a mandatory pension insurance in accordance with the procedure established by paragraph two of Article 36.2 of this Federal Law, the agreement on compulsory pension insurance is concluded by the appropriate parties and the application of the insured person for transfer to the fund, submitted to the Pension Fund of the Russian Federation in the manner established by Article 36.7 of this Federal Law, is satisfied;

In accordance with Art. 32 of the Federal Law "On Compulsory Pension Insurance in the Russian Federation", the insured person ( individual) has the right, in accordance with the procedure established by the Federal Law, to refuse to receive the funded part of the labor pension from the Pension Fund of the Russian Federation and transfer their savings, recorded in the special part of the individual personal account, to a non-state pension fund, starting from January 1, 2004.

According to part 5 of Art. 36.4 of the Federal Law "On amendments and additions to the federal law“On Non-State Pension Funds”, when concluding an agreement on compulsory pension insurance, an insured person exercising the right to transfer from one fund to another must comply with the following procedure:

An agreement on compulsory pension insurance is concluded in a simple written form;

Notification of the conclusion of an agreement on compulsory pension insurance is sent by the insured person to the Pension Fund of the Russian Federation for making changes to the unified register of insured persons not earlier than July 1 and not later than October 1 of the current year;

If the agreement on compulsory pension insurance is concluded by the appropriate parties and (or) is concluded with violations of the legislation of the Russian Federation, no changes are made to the unified register of insured persons.

I DECIDED:

The claims of the Prosecutor of the Central District of the city of Orenburg in the interests of the Russian Federation represented by the Office of the Pension Fund of the Russian Federation (state institution) and Galda Yew.The. to the non-state pension fund "RGS" on the recognition of the contract on compulsory pension insurance as invalid, the application of the consequences of the invalidity of a void transaction to satisfy.

Recognize the agreement on compulsory pension insurance № from DD.MM.YYYY between the non-state pension fund «RGS» and Galda Yu.V. invalid, apply the consequences of the invalidity of a void transaction.

To oblige the non-state pension fund "RGS" to transfer to the Pension Fund of the Russian Federation accrued on the basis of the results of previous financial years and from the beginning of the new financial year until the transfer of investment income and the pension savings received by the non-state pension fund "RGS", reflected in the pension account in the name of Galda Yu. AT..

To collect from the non-state pension fund "RGS" to the state income the costs associated with the conduct of a forensic examination in the amount.

The decision can be appealed to the Orenburg Regional Court through the Central District Court. Orenburg within a month from the date of manufacture of the decision in the final form by filing an appeal.

judge Goncharova E.T.

The reasoned decision was made on 03/03/2014.

Court:

Central District Court of Orenburg (Orenburg Region)

Plaintiffs:

Galda Yu. V., Prosecutor of the Central District

Respondents:

Non-state pension fund "RGS"

Judges of the case:

Goncharova E.G. (judge)

Litigation on:

Recognition of the transaction as invalid

Recognition of the contract of sale as invalid

Arbitrage practice on the application of Art. 454, 168, 170, 177, 179 of the Civil Code of the Russian Federation

Recognition of the contract as invalid

Judicial practice on the application of the norm of Art. 167 of the Civil Code of the Russian Federation