2023-12-21
The Financial Supervision Commission establishes the minimum credit rating levels required for banks holding funds from supplementary pension insurance and benefit payment funds. The Ordinance defines eligible countries, specific financial markets, and recognized indices, while also listing approved international financial organizations for investment purposes. It mandates that pension insurance companies justify the consistency of non-standard credit ratings with regulatory standards and submit these justifications within three working days of initial use or changes in compliance.
ORDINANCE No 29 of 12.07.2006 on the minimum level of credit ratings of banks and the determination of countries, international financial organizations, markets and indices of these markets pursuant to Art. 176, para. 3 of the Social Insurance Code (Title amended - SG, issue No. 94 of 2018, in force since 19.11.2018, issue 64 of 2022, in force since 09.08.2022) Adopted by Decision No. 60-N of 12.07.2006 of the Financial Supervision Commission, promulgated,
(1) (repealed - SG, issue No. 94 of 2018, in force since 19.11.2018). (2) (amended - SG, issue. No. 94 of 2018, in force since 19.11.2018, supplemented, issue No. 60 of 2021) The minimum levels of credit ratings of banks referred to in Art. 176, para. 1, item 5 of the SIC, in which the funds of a supplementary pension insurance fund and a fund for benefits payments may be invested, shall be:
2 first use of a credit rating assigned by a credit rating agency under paragraph 2, item 2 - within three working days from the day of signing the bank deposit contract; 2. a change in the compliance of the minimum levels of the credit ratings referred to in paragraph 2, item 2 with those referred to in paragraph 2, item 1 - within three working days from the day of becoming aware of it. (5) (repealed, - SG, issue No. 94 of 2018, in force since 19.11.2018). (6) (amended - SG, issue No. 94 of 2018, in force since 19.11.2018, issue No. 60 of 2021) Where a bank has been assigned long-term credit ratings by more than one rating agency, the resources of a fund referred to in paragraph 2 may be invested in deposits in such a bank solely in case each of these ratings meets the requirement set in paragraph 2. (7) (repealed, - SG, issue No. 94 of 2018, in force since 19.11.2018). Art. 3. (amended - SG, issue No. 91 of 2011, repealed, issue No. 94 of 2018, in force since 19.11.2018) Art. 4. (amended - SG, issue No. 3 of 2008, completely amended issue No. 98 of 2009, repealed, issue No. 94 of 2018, in force since 19.11.2018) Art. 5. (amended, -SG, issue No. 3 of 2008, issue No. 98 of 2009, completely amended, issue No. 91 of 2011, amended and supplemented, issue № 94 of 2018, in force since 19.11.2018, amended and supplemented, issue № 8 of 2020, amended and supplemented, issue № 81 of 2020, amended, issue № 64 of 2022, in force since 09.08.2022). (1) (amended, SG, issue No. 94 of 2018, in force since 19.11.2018, amended, issue No. 8 of 2020, amended and supplemented, issue No. 81 of 2020, amended, issue No. 64 of 2022, in force since 9.08.2022). The countries referred to in Art. 176, para. 1, item 1, letter "c", item 2, letter "b", item 4, letter "b" and item 12 of the SIC and the markets referred to in Art. 176, para. 1, item 1, letter "c", item 2, letter "b" and item 4, letter "b" of the SIC shall be: No. State under Article 176, para. 1, item 1, letter "c", item 2, letter "b", item 4, letter "b" and item 11 of the SIC Market under Article 176, para. 1, item 1, letter "c", item 2, letter "b", item 4, letter "b" of the SIC
3 a) from the day following the day of the expiration of the transitional period under Art. 126 of the Agreement on the withdrawal of United Kingdom of Great Britain and Northern Ireland from European Union and the European Atomic Energy Community in case this agreement enters into force; b) from the day on which the Treaty on the functioning of European Union and The Treaty on European Union cease to apply to United Kingdom according to Article 50, paragraph 3 of the Treaty on European Union, in case that the Agreement on the withdrawal of United Kingdom of Great Britain and Northern Ireland from European Union and the European Atomic Energy Community does not enter into force.) United Kingdom 14. (previous item 12 - SG, issue 81 of 2020) Russia Moscow Exchange 15. (previous item 13 - SG, issue 81 of 2020) North Macedonia Macedonian Stock Exchange 16. (previous item 14 - SG, issue 81 of 2020) United States of America New York Stock Exchange NASDAQ BOX Exchange Cboe BYX Exchange Cboe BZX Exchange Cboe C2 Exchange Cboe EDGA Exchange Cboe EDGX Exchange Cboe Exchange The Investors Exchange Long-Term Stock Exchange Miami International Securities Exchange MIAX Emerald MIAX PEARL MEMX Nasdaq BX Nasdaq GEMX Nasdaq ISE Nasdaq MRX Nasdaq PHLX NYSE Arca NYSE Chicago NYSE MKT NYSE National 17. (previous item 15 - SG, issue 81 of 2020) Singapore Exchange
4 Singapore 18. (previous item 16 - SG, issue 81 of 2020) Taiwan Taiwan Stock Exchange 19. (previous item 17 - SG, issue 81 of 2020) Thailand Stock Exchange of Thailand 20. (previous item 18 - SG, issue 81 of 2020) Turkey Borsa Istanbul 21. (previous item 19 - SG, issue 81 of 2020) Chile Santiago Stock Exchange (MILA) 22. (previous item 20 - SG, issue 81 of 2020) Switzerland SIX Swiss Exchange BX Swiss 23. (previous item 21 - SG, issue 81 of 2020) South Africa JSE Limited 24. (previous item 22 - SG, issue 81 of 2020) South Korea Korea Exchange 25. (previous item 23 - SG, issue 81 of 2020) Japan Tokyo Stock Exchange (2) (New - SG, issue No. 8 of 2020, amended and supplemented, issue 81 of 2020) The countries, markets and indices referred to in Art. 176, para. 1, item 6, letter "b" of the SIC are: No. State under Article 176, para. 1, item 6, letter "b" of the SIC Market under Article 176, para. 1, item 6, letter "b" of the SIC Index of market under Art. 176, para. 1, item 6, letter "b" of the SIC
5 following the day of expiration of the transitional period under Art. 126 of the Agreement on the withdrawal of United Kingdom of Great Britain and Northern Ireland from European Union and the European Atomic Energy Community, in case that agreement enters into force; b) from the day on which the Treaty on the functioning of the European Union and the Treaty on European Union cease to apply to the United Kingdom pursuant to Article 50, paragraph 3 of The Treaty on European Union, in case the Agreement for the withdrawal of United Kingdom Great Britain and North Ireland from European Union and The European Atomic Energy Community does not enter into force. previous row; 11
6 23. (previous item 21 - SG, issue No. 81 of 2020) South Africa JSE Limited FTSE/JSE Top 40 Index 24. (previous item 22 - SG, issue No. 81 of 2020) South Korea Korea Exchange KRX 100 25. (previous item 23 - SG, issue No. 81 of 2020) Japan Tokyo Stock Exchange Nikkei 225 Nikkei 400 (3) (amended - SG, issue No. 94 of 2018, in force since19.11.2018, previous para. 2, amended, issue No. 8 of 2020) The indices under Art. 176, para. 1, item 6, letter "b" of the SIC may also be MSCI Global Investable Market Indices only if they are constructed on shares traded on the markets referred to in para. 2. Art. 5a. (New - SG, issue No. 94 of 2018, in force since 19.11.2018, amended, issue No. 8 of 2020, amended, issue 29 of 2023) The international financial organisations referred to in Art. 176, para. 1, item 1, letter "e" of the SIC are:
7 19. (repealed - SG 29/2023); 20. International Finance Corporation; 21. International Monetary Fund; 22. International Finance Facility for Immunization; 23. Nordic Investment Bank; 24. Black Sea Trade and Development Bank; 25. An international financial organization established by two or more member states, whose purpose is to mobilize financing and provide financial support to its members affected or threatened by severe financial problems. Art. 6. (1) Any person who commits or allows commission of a violation under this Ordinance shall be punished according to Art. 351 of the SIC. (2) Violations of provisions of this Ordinance shall be established by statements drawn up by officials authorised by the Deputy Chair of the Financial Supervision Commission in charge of the Social Insurance Supervision Division. (3) The penal decrees shall be issued by the Deputy Chair of the Financial Supervision Commission in charge of the Social Insurance Supervision Division, or by a person authorised by him. (4) The establishment of violations, the issuance, appeal and enforcement of the penal decrees shall be conducted as provided for in the Administrative Violations and Sanctions Act. Concluding provisions § 1. This Ordinance is issued on grounds of Art. 176, para. 3 of the Social Insurance Code and adopted by Decision No 60-N of 12 July 2006 of the Financial Supervision Commission. § 2. The Financial Supervision Commission shall provide guidance on the implementation of the Ordinance. Transitional and final provisions to the Ordinance on amendment of Ordinance No. 29 of 2006 on the minimum level of credit ratings of banks and for determination of countries, international financial organizations, markets and the indices of those markets according to art. 176, para. 2 of the Social Insurance Code (SG, issue 8 of 28.01.2020) § 4. Pension insurance companies align their activities with the provisions of this ordinance within six months of their entry into force. Transitional and final provisions to Regulation No. 70 from 29.06.2021 on the requirements for the funds for making payments (SG, issue 60 of 20.07.2021)
8 § 5. In Ordinance No. 29 of 12.07.2006 on the minimum level of credit ratings of banks and determination the countries, international financial organizations, markets and indices of these markets according to art. 176, para. 2 of the Social Insurance Code (promulgated, SG No. 62 of 2006; amended, No. 3 of 2008; amended and supplemented, no. 98 of 2009, no. 91 of 2011, no. 94 of 2018 and no. 8 and 81 of 2020) the following amendments and additions are made: