On China's Enterprise Annuity Trustee Of A Trust The Legal System

Occupational Pension, also called Occupational Additional Pension Insurance, is a kind of voluntary additional pension insurance which is set up on the basis of pension insurance the employer and employees have taken part. As a special trust, Occupational Pension Trust (OPT) takes the Occupational Pension Plan in the form of trust, regulates and manages it by the trust principle. Two legal relations are involved in this trust, namely, trust relation and agency relation. The Trustee, as the executor of a trust and also who setting up the trust, has the core status in OPT. In China, however, since the special law on OPT is legislated newly, in a low level and highly summarized, the trustee is mainly regulated by Trust Law. The problems regarding trustees exposed in the practice of OPT worth special study.As a private trust, OPT also has the characters of civil trust and business trust. Its characters of endowment, irrevocability and spendthrift protection determine that the right, obligation and responsibility of trustee are different from general trustee. Secondly, the problems exposed in the operation from two totally different sorts of trustees, i.e., occupational pension council and trustee as juridical person, are illustrated, and an ideal tentative plan is proposed. In detail, the occupational pension council has the inadequacies of oversimple set up procedure, loose internal management, lack of obligation capacity, etc.The author proposes that start with council member qualification and adjust the proportion of council members representing the enterprise to members representing employees to 5:5 so as to ensure that the will of employees be given more emphasis. Learn from corporate internal management experiences, establish complete organization article on setting up of the council. Set up a venture deposit to change the current status that the council's lack in obligation capacity and responsibilities are taken by council members.The mode of trustee as juridical person has the defect of weakened trustee status, and causing unhealthy competition from other administrative bodies. The service charge is too low that the medium and small enterprises are not favoured by occupational pension administrative body, which in turn hinders the promotion of occupational pension. The author proposes to develop specialized fund company, promote collective occupational pension scheme, and make more employees to benefit from the occupational pension.