2016-03-15 | 16/POJK.05/2016Added
The Financial Services Authority (OJK) establishes regulations requiring Pension Funds to formulate and implement a Pension Fund Governance Guideline based on principles of independence, transparency, accountability, responsibility, and fairness. The Supervisory Board must conduct an annual evaluation of the guideline's implementation and submit the results to the Founder within six months after the end of the evaluation period. This regulation repeals the Capital Market Supervisory Board and Financial Institutions Chairman Decision Number KEP-136/BL/2006 and becomes effective upon its promulgation.
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FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA
FINANCIAL SERVICES AUTHORITY REGULATION
NUMBER 16 /POJK.05/2016
CONCERNING
GUIDELINES FOR PENSION FUND GOVERNANCE
BY THE GRACE OF GOD THE ALMIGHTY
THE BOARD OF COMMISSIONERS OF THE FINANCIAL SERVICES AUTHORITY,
Considering:
a. that with the increasing risk of pension fund asset management and pension program implementation, it is necessary to improve the quality of pension fund implementation that complies with applicable legislation and aligns with general practice through the application of pension fund governance; b. that based on the considerations as referred to in letter a, it is necessary to establish a Financial Services Authority Regulation concerning Guidelines for Pension Fund Governance;
Recalling:
DECIDES:
To establish:
FINANCIAL SERVICES AUTHORITY REGULATION CONCERNING GUIDELINES FOR PENSION FUND GOVERNANCE.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Financial Services Authority Regulation, the following terms are defined as:
CHAPTER II
FORMULATION, PRINCIPLES, AND CONTENT OF PENSION FUND GOVERNANCE GUIDELINES
Article 2
Pension Funds must formulate and implement the Pension Fund Governance Guidelines.
Article 3
(1) In formulating and implementing the Pension Fund Governance Guidelines, Pension Funds shall refer to:
a. good Pension Fund governance principles which include:
(2) The Pension Fund Governance Guidelines as referred to in paragraph (1) are formulated by the Management and established by the Founder. (3) The Founder, employer, Supervisory Board, Management, and other Parties related to the Pension Fund are responsible for the implementation of the Pension Fund Governance Guidelines as referred to in paragraph (1) in accordance with their respective functions and duties.
Article 4
The Pension Fund Governance Guidelines must at least contain:
a. the purpose and objectives of the guidelines; b. code of conduct which includes governance principles and code of ethics in accordance with general practice;
c. regulations on the position, duties, functions, authority, responsibilities, rights, and obligations of each Party related to the Pension Fund as well as relationships between Parties in accordance with applicable legislation in the field of Pension Funds;
d. technical guidelines which include among others accounting guidelines, investment guidelines, internal control system guidelines, behavior and code of ethics, organization and work procedures, procurement of goods and services, decision-making, membership services, correspondence, information systems, sale/disposal or deletion of problematic investment assets and operational assets, budget preparation, taxation, risk management, funding, and archiving; and e. a statement of compliance with the Pension Fund Governance Guidelines.
Article 5
OJK periodically reviews the guidelines for the application of Pension Fund governance as referred to in Article 3 paragraph (1) letter b.
CHAPTER III
EVALUATION OF GUIDELINE IMPLEMENTATION
Article 6
(1) The Supervisory Board must conduct an evaluation and compile a written evaluation result regarding the implementation of the Pension Fund Governance Guidelines for the current year every year.
(2) The annual evaluation results as referred to in paragraph (1) must first be submitted to the Management to obtain responses within a reasonable time limit as determined by the Supervisory Board. (3) The annual evaluation results as referred to in paragraph (2) must be submitted by the Supervisory Board to the Founder no later than 6 (six) months after the end of the evaluation period. (4) The Founder uses the evaluation results as referred to in paragraph (3) as consideration material to assess the performance of the Pension Fund. (5) Based on the evaluation results as referred to in paragraph (3), the Founder may request the Management to refine the Pension Fund Governance Guidelines and/or mandate the implementation of Pension Fund Governance in accordance with the Pension Fund Governance Guidelines established by the Founder.
CHAPTER IV
CLOSING PROVISIONS
Article 7
Upon the commencement of this OJK Regulation, the Decision of the Chairman of the Capital Market Supervisory Board and Financial Institutions Number KEP-136/BL/2006 concerning Guidelines for Pension Fund Governance is repealed and declared invalid.
Article 8
This OJK Regulation shall come into force on the date of its promulgation.
In order that everyone knows it, it is ordered to promulgate this OJK Regulation by placing it in the State Gazette of the Republic of Indonesia.
Established in Jakarta on 23 February 2016
CHAIRMAN OF THE BOARD OF COMMISSIONERS
FINANCIAL SERVICES AUTHORITY,
signed
MULIAMAN D. HADAD
Promulgated in Jakarta on 15 March 2016
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
signed
YASONNA H. LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2016 NUMBER 48
A copy in accordance with the original
Director of Law 1
Ministry of Law
signed
Yuliana
EXPLANATION
OF
FINANCIAL SERVICES AUTHORITY REGULATION
NUMBER 16 /POJK.05/2016
CONCERNING
GUIDELINES FOR PENSION FUND GOVERNANCE
I. GENERAL
That since 31 December 2012, the functions, duties, and authority for regulation and supervision of financial services activities in the insurance sector, Pension Funds, financing institutions, other financial service institutions, and the capital market sector have shifted from the Minister of Finance and the Capital Market Supervisory Board and Financial Institutions to the Financial Services Authority.
In relation to the above, it is necessary to reorganize the existing regulatory structure, particularly those related to Pension Funds, by converting regulations prior to the formation of the Financial Services Authority into Financial Services Authority Regulations. This reorganization is carried out so that there are Financial Services Authority Regulations concerning Pension Funds that are consistent with Financial Services Authority Regulations in other sectors.
Based on this background, it is necessary to replace the legislation in the Pension Fund sector regulating guidelines for Pension Fund governance, namely the Decision of the Chairman of the Capital Market Supervisory Board and Financial Institutions Number KEP-136/BL/2006 dated 21 December 2006 concerning Guidelines for Pension Fund Governance, into a Financial Services Authority Regulation concerning Guidelines for Pension Fund Governance.
II. ARTICLE BY ARTICLE EXPLANATION
Article 1
Clear enough.
Article 2
Clear enough.
Article 3
Clear enough.
Article 4
Clear enough.
Article 5
Clear enough.
Article 6
Clear enough.
Article 7
Clear enough.
Article 8
Clear enough.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 5859
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA
APPENDIX
FINANCIAL SERVICES AUTHORITY REGULATION
NUMBER 16 /POJK.05/2016
CONCERNING
GUIDELINES FOR PENSION FUND GOVERNANCE
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GUIDELINES FOR THE APPLICATION OF
GOOD PENSION FUND GOVERNANCE (GPFG)
TABLE OF CONTENTS
Page
TABLE OF CONTENTS............................................................................................. 1
INTRODUCTION....................................................................................... 4
GENERAL PROVISIONS................................................................................ 6
PURPOSE AND OBJECTIVES............................................................................ 7
I CREATION OF A CONDUCIVE SITUATION FOR IMPLEMENTING GPFG ... 8
Basic Principles ..................................................................................... 8
General Guidelines ................................................................................ 8
Page
Page
B. Behavior and Code of Ethics Guidelines ……………………………………… 24
C. Risk Management Guidelines …………………………………………. 25
D. Funding Guidelines ……………………………………………………. 26 E. Investment Guidelines ……………………………………………………….. 27 F. Organization and Work Procedure Guidelines …………………………………. 29 G. Budget Preparation Guidelines …………………………………………… 30 H. Accounting Guidelines ……………………………………………………... 32
I. Membership Service Guidelines……………………………………… 32
J. Information System Guidelines ……………………………………………… 33 K. Guidelines for Sale/Disposal or Deletion of Problematic Investment Assets and Operational Assets ………………. 34
L. Taxation Guidelines ……………………………………………………… 35
M. Procurement of Goods and Services Guidelines ……………………………….. 36 N. Decision-Making Guidelines ………………………………………….. 37 O. Archiving Guidelines ………………………………………………………… 38 P. Correspondence Guidelines ………………………………………………… 39
VI STATEMENT OF COMPLIANCE WITH GPFG GUIDELINES ................ 41
Basic Principles …………………………………………………………………….. 41 General Guidelines ………………………………………………………………… 41
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INTRODUCTION
Pension Funds are legal entities that implement Pension Programs, which are programs promising a sum of money paid periodically and linked to reaching a certain age. Pension Programs are implemented with a fund formation system consisting of contributions from Employers (Companies) and Employees (Participants). The assets of Pension Funds must be separate from the assets of their Founders, and managed separately from the assets of their Founders. Pension Funds, as Non-Bank Financial Institutions, are tasked with guaranteeing income continuity after retirement for participants, thereby providing a sense of security.
The fund management institutions in the Pension Fund Industry consist of 2 management institutions: Employer Pension Funds (DPPK) and Financial Institution Pension Funds (DPLK).
There are two types of DPPK Pension Programs: (1) Defined Benefit Pension Programs (PPMP) and (2) Defined Contribution Pension Programs (PPIP). Defined Benefit Pension Programs are those where the pension benefits are definite, based on a predetermined formula, whereas in Defined Contribution programs, the value of pension benefits is not definite and depends on the amount of accumulated contributions and their development returns. In Financial Institution Pension Funds, only one program is known, which is the Defined Contribution program.
In managing pension programs, particularly Defined Benefit Pension Programs, an understanding of asset liability management is needed, which is the Founder's commitment to fulfill its obligations, both due to past service periods and long-term funding to achieve sufficient wealth to pay pensions, carried out through a process of fund collection and management by ensuring that investments made are appropriate with the most efficient costs. Therefore, in managing Pension Funds to meet the expectations of Stakeholders, it needs to be managed professionally. One way is by applying Good Pension Fund Governance (GPFG).
GPFG is a process and structure used by Pension Funds to encourage the development of institutions, resource and risk management efficiently and effectively, as well as the accountability of Pension Fund Management to Participants, Founders/Employers, and other related parties.
GPFG can also be used as one of the benchmarks for Management performance in managing Pension Funds by conducting assessments (evaluations) both internally and externally (independent parties).
This guideline regulates each party directly involved in the Implementation of Pension Funds, namely Founders, Co-Founders, Supervisory Boards, Management, Participants, Employees, and other Business Partners.
This guideline is formulated:
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The Good Pension Fund Governance (GPFG) Guidelines for subsequent development can undergo adjustments and refinements.
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GENERAL PROVISIONS
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PURPOSE AND OBJECTIVES
The purpose and objectives of this guideline are to:
By applying Governance (GPFG), it is expected to:
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CHAPTER I
CREATION OF A CONDUCIVE SITUATION FOR IMPLEMENTING GOOD PENSION FUND GOVERNANCE
Basic Principles
Good Pension Fund Governance is a process and structure used by Pension Funds to encourage the development of institutions, resource and risk management efficiently and effectively, as well as the accountability of Pension Fund Management to Participants, Founders/Employers, and other related parties.
Good Pension Fund Governance is a means of empowering Supervisory Boards and Management. The empowerment of Supervisory Boards and Management is carried out by executing related functions contained therein properly and correctly.
The application of GPFG is supported by three pillars that are interrelated and each must execute its functions well, namely the Regulator as the maker and supervisor of regulation implementation, Pension Funds as the actors, and Participants as users of Pension Fund services.
General Guidelines
Role of the Regulator
a. Conduct regulation, guidance, and supervision in order to ensure compliance with applicable legislation. b. Conduct effective coordination among state organizers in the formulation of legislation by prioritizing policies in accordance with the interests of Pension Funds and participants.
c. Conduct the execution of functions and authorities with upholding integrity and professionalism.
Implementation of GPFG by Management and Business Partners
a. Apply consistent business ethics so that healthy business can be realized to support the development of the national economy while considering the interests of Participants and Founders. b. Have attitudes and behaviors that demonstrate the Pension Fund's compliance in implementing legislation.
II CODES OF CONDUCT
A. GPFG Principles
General Principles
Transparency (Transparency)
Transparency is a state of Pension Fund implementation that guarantees openness in the process of making and implementing decisions regarding Pension Fund implementation in accordance with applicable legislation and general practice.
Accountability (Accountability)
Accountability is a state of Pension Fund implementation that can explain the execution of functions of each Party related to the Pension Fund in accordance with applicable legislation and general practice.
Responsibility (Responsibility)
Responsibility is a state of Pension Fund implementation that can affirm and explain the role and status of each Party related to the Pension Fund for every process of making and implementing policies in the Pension Fund.
Independence (Independency)
Independence is a state where the Pension Fund is free from conflicts of interest and/or from the influence or pressure of any Party that is not in accordance with applicable legislation and general practice.
Fairness and Equity (Fairness)
Fairness is justice and equality in fulfilling the rights of each Party arising from legally binding agreements and applicable legislation and general practice.
B. Code of Conduct
Basic Principles
The Code of Conduct is a behavioral guideline containing management ethics for all levels of the Pension Fund.
C. General Guidelines
Ethics of Managing Pension Funds
The management of Pension Funds must be carried out professionally, ethically, and in accordance with applicable legislation and general practice.
Conflict of Interest
Conflicts of interest must be avoided and managed properly. Any conflict of interest that arises must be disclosed and handled in accordance with applicable legislation and general practice.
Industrial Relations
Industrial relations must be maintained harmoniously and in accordance with applicable legislation and general practice.
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III FOUNDERS, CO-FOUNDERS, MANAGEMENT, AND SUPERVISORY BOARD, PENSION FUNDS
A. General Principles
The relationship between Founders, Co-Founders, Management, and Supervisory Boards must be based on good governance principles, namely independence, transparency, accountability, responsibility, and fairness.
B. Founders and Co-Founders
Basic Principles
Founders and Co-Founders have the authority to establish Pension Funds and determine the general direction of Pension Fund implementation.
General Guidelines
a. Duties and Responsibilities of Founders
Founders have the duty and responsibility to:
b. Duties and Responsibilities of Co-Founders
Co-Founders have the duty and responsibility to:
c. Authority of Founders
Founders have the authority to:
C. Pension Fund Management
Basic Principles
Management has the duty and responsibility to manage Pension Funds professionally, ethically, and in accordance with applicable legislation and general practice.
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General Guidelines
Number of Management Members
The number of Management members is determined by the Founder in accordance with applicable legislation and Pension Fund regulations.
Appointment and Dismissal of Management Members
Management members are appointed and dismissed by the Founder in accordance with applicable legislation and Pension Fund regulations.
Competence and Integrity of Management Members
Management members must have competence and integrity in managing Pension Funds.
Management Functions
Management functions include:
a) Managing Pension Fund assets; b) Implementing Pension Fund programs; c) Implementing Pension Fund governance; d) Reporting on Pension Fund implementation; e) Fulfilling obligations in accordance with applicable legislation and Pension Fund regulations.
Internal Supervision Functions
Internal supervision functions are carried out by the Management to ensure the implementation of Pension Fund governance is carried out properly and correctly.
Functions of the Pension Fund Secretary
The Pension Fund Secretary has the function of assisting the Management in carrying out its duties and responsibilities.
Accountability of Management
Management is accountable to the Founder and Supervisory Board for the implementation of its duties and responsibilities.
D. Supervisory Board
Basic Principles
The Supervisory Board has the duty and responsibility to supervise the implementation of Pension Fund governance carried out by the Management.
General Guidelines
Composition and Number of Supervisory Board Members
The composition and number of Supervisory Board members are determined by the Founder in accordance with applicable legislation and Pension Fund regulations.
Competence and Integrity of Supervisory Board Members
Supervisory Board members must have competence and integrity in supervising Pension Fund governance.
Supervisory Board Supervision Functions
Supervisory Board supervision functions include:
a) Supervising the implementation of Pension Fund governance; b) Evaluating the performance of the Management; c) Providing input and suggestions for the improvement of Pension Fund implementation; d) Reporting on the results of supervision to the Founder.
Committees/Supporting Functions of the Supervisory Board
The Supervisory Board may establish committees/supporting functions to assist in carrying out its supervision functions.
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E. Relationship Pattern between Founders, Management, and Supervisory Board
Basic Principles
The relationship between Founders, Management, and Supervisory Boards must be based on good governance principles, namely independence, transparency, accountability, responsibility, and fairness.
General Guidelines
IV RELATIONSHIPS WITH BUSINESS PARTNERS, EMPLOYEES, AND PARTICIPANTS
Basic Principles
Pension Funds must maintain good relationships with Business Partners, Employees, and Participants.
General Guidelines
Cooperation with Business Partners
Cooperation with Business Partners must be carried out in accordance with applicable legislation and general practice.
Treatment of Employees
Employees must be treated fairly and in accordance with applicable legislation and general practice.
Treatment of Participants
Participants must be treated fairly and in accordance with applicable legislation and general practice.
V GUIDELINES FOR IMPLEMENTING GPFG
Basic Principles
The implementation of GPFG must be carried out professionally, ethically, and in accordance with applicable legislation and general practice.
Implementation Guidelines
A. Internal Control Guidelines
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B. Behavior and Code of Ethics Guidelines
C. Risk Management Guidelines
D. Funding Guidelines
E. Investment Guidelines
F. Organization and Work Procedure Guidelines
G. Budget Preparation Guidelines
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H. Accounting Guidelines
I. Membership Service Guidelines
J. Information System Guidelines
K. Guidelines for Sale/Disposal or Deletion of Problematic Investment Assets and Operational Assets
L. Taxation Guidelines
M. Procurement of Goods and Services Guidelines
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N. Decision-Making Guidelines
O. Archiving Guidelines
P. Correspondence Guidelines
VI STATEMENT OF COMPLIANCE WITH GPFG GUIDELINES
Basic Principles
Pension Funds must comply with the GPFG Guidelines.
General Guidelines
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c. Not taking actions that are collusive, corrupt, and nepotistic.
d. Improving management quality based on GPFG principles.
Transparency
Basic Principle
To maintain objectivity in carrying out its activities, the Pension Fund must apply openness and transparency in all delivery and disclosure of material and relevant information regarding the Pension Fund in a timely, adequate, clear, and reliable manner. General Guidelines a. The Pension Fund must disclose information in a timely, adequate, clear, accurate, and comparable manner, and easily accessible by relevant parties according to their rights. b. Information to be disclosed includes vision, mission, financial condition, composition of the Board of Directors, Board of Supervisors, risk management, internal supervision and control systems, GPFG system and implementation, and important events that can affect the condition of the Pension Fund and other relevant information.
c. The openness principle adopted by the Pension Fund does not reduce the obligation to meet confidentiality provisions in accordance with applicable legislation, such as confidentiality regarding each participant's data.
d. The Pension Fund's policies must be written and communicated to related parties entitled to obtain information about such policies.
Accountability
Basic Principle
The clarity of functions, implementation, and accountability of the Pension Fund must be established in writing. Pension Fund management is carried out by establishing functions, activities, and tasks to be performed, in accordance with the direction and purpose of the establishment of the Pension Fund. The application of the accountability principle is accompanied by implementing control and supervision systems and performance assessment for all levels of the Pension Fund.
Responsibility
Basic Principle
The Pension Fund has responsibility towards Participants and Founders/Employers and complies with Law Number 11 of 1992 concerning Pension Funds and other implementing regulations to ensure the continuity of pension benefit payments. General Guidelines The Pension Fund adheres to the principle of prudence in risk control, guided by applicable provisions.
Independence
Basic Principle
The Pension Fund is managed professionally without conflicts of interest and influence/pressure from any party, based on applicable legislation and principles of healthy activity management. General Guidelines a. The Pension Fund avoids domination by any party and is not influenced by one-sided interests and is free from conflicts of interest. b. The Pension Fund makes objective decisions and is free from all pressure from any party.
c. The Pension Fund's levels carry out their functions in accordance with applicable provisions and do not dominate each other or shift responsibility between one another, thereby creating a check and balance.
Fairness and Equity
Basic Principle
The Pension Fund always considers the interests of all relevant parties based on the principle of equal treatment and the principle of fair benefits. Fairness and equity in fulfilling the rights of relevant parties arising from agreements and applicable legislation.
B. Code of Conduct
Basic Principle
As a foundation for achieving long-term success, the implementation of GPFG needs to be supported by a culture and values rooted in the Pension Fund. The Pension Fund's culture is formed through the implementation of continuous values/ethics and is embodied in the Code of Conduct.
C. General Guidelines
Ethics in Managing Pension Funds
a. The Pension Fund must have management ethics that essentially contain the Pension Fund's ethics as a guide for ethical behavior from the Board of Supervisors, Board of Directors, and all levels of the Pension Fund. b. The Board of Directors, Board of Supervisors, and Employees of the Pension Fund are prohibited from giving or offering, directly or indirectly, anything to government officials, other parties, or individuals to influence or as compensation for what has been done and other actions in accordance with applicable legislation.
c. The Pension Fund is prohibited from giving donations in any form to anyone, unless permitted by applicable regulations.
d. The Board of Directors, Board of Supervisors, and Employees of the Pension Fund ensure that the Pension Fund meets the provisions of the Pension Fund Law Number 11 of 1992 and all its implementing regulations.
Conflicts of Interest
a. The Board of Directors, Board of Supervisors, and Employees of the Pension Fund, in carrying out their tasks and obligations, must not have interests outside the interests of the Pension Fund, whether directly or indirectly, including personal, family, group, or other party interests, which result in the loss of objectivity in decision-making. b. The Board of Directors, Board of Supervisors, and Employees of the Pension Fund are obligated to maintain the confidentiality of information and confidential information of the Pension Fund in accordance with applicable legislation.
c. The Board of Directors, Board of Supervisors, and Employees of the Pension Fund are prohibited from abusing their position for personal, family, group, or other parties' benefit.
d. The Board of Directors, Board of Supervisors, and Employees of the Pension Fund are prohibited from abusing important information related to the Pension Fund.
Industrial Relations
a. The Board of Directors, Board of Supervisors, and Employees of the Pension Fund are obligated to follow applicable legislation and procedures. b. The Pension Fund is required to use work capability, quality, and criteria related to labor relations as the sole basis for making decisions regarding labor relations between the Pension Fund and Employees without discrimination.
c. The Pension Fund provides protection to whistleblowers and their families regarding reports of violations of applicable regulations and abuse of position.
d. The Pension Fund records assets and liabilities correctly and accurately.
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CHAPTER III
FOUNDERS, CO-FOUNDERS, BOARD OF DIRECTORS, AND BOARD OF SUPERVISORS OF PENSION FUNDS A. General Principles The Founders, Co-Founders, Board of Directors, and Board of Supervisors of the Pension Fund carry out their functions in accordance with applicable provisions based on the principle that each has independence in carrying out their tasks and responsibilities solely for the interests of the Pension Fund.
B. Founders and Co-Founders
Basic Principles
The Founder is a person or entity that establishes an Employer Pension Fund. In the event there is more than one Employer, one Employer acts as the Founder and the others as Co-Founders. The role and rights of the Founder in the administration of the pension program must be clearly defined and well documented in the Pension Fund Regulations. A Co-Founder is an Employer that participates in an Employer Pension Fund, for the benefit of some or all of its employees. An Employer is a Founder or Co-Founder that employs Employees.
General Guidelines
a. Obligations and Responsibilities of the Founder a. Paying the Founder's normal contributions. b. Paying additional contributions if a deficit occurs that is the Founder's obligation based on the Actuary's calculation for Pension Funds administering Defined Benefit Programs.
c. Collecting Participant contributions and depositing them to the Pension Fund.
d. Establishing Investment Directions and their amendments. e. Requesting Approval from the OJK whenever there are changes to the Pension Fund Regulations. f. Reporting every change in Investment Directions, Board of Directors, and Board of Supervisors to the OJK. g. Showing account books, documents, and providing necessary explanations in the context of direct examination by the OJK. h. Terminating the membership of Co-Founder employees if the membership period of Co-Founder employees has ended and the Co-Founder still fails to pay contributions.
c. Authority of the Founder
a. Appointing and dismissing the Board of Directors and Board of Supervisors. b. Appointing a Custodian.
c. Accepting Co-Founders.
d. Establishing, amending, and improving Pension Fund Regulations in accordance with the Pension Fund Law Number 11 of 1992 and its implementing regulations. e. Establishing salaries and other income for the Board of Directors and Board of Supervisors. f. Approving the Pension Fund's Work Plan and Budget. g. Giving approval for the assessment of direct investment placement in shares based on the equity method on values established by an Independent Appraiser. h. Approving the accountability of the Board of Directors and Board of Supervisors in the implementation of their tasks and authorities.
C. Pension Fund Board of Directors
Basic Principles
The Board of Directors is a person or business entity responsible for the administration of a pension program.
The Board of Directors has the obligation to always act in good faith and for the interest of all Participants and Beneficiaries of the Pension Program. The main task of the Board of Directors is to maintain and ensure that the main purpose of the pension program, namely as a safe source of income for retirees, can be achieved. To achieve the main task of the Board of Directors, the following are regulated:
a. The Board of Directors in the decision-making process is carried out effectively, accurately, and quickly, and independently.
General Guidelines
Number of Board Members
The number of Board Members is adjusted to the complexity of the Pension Fund while still considering effectiveness in decision-making.
Appointment and Dismissal of Board Members
Board Members are selected, appointed, and dismissed by the Founder.
Competence and Integrity of Board Members
a. Board Members in carrying out their functions must meet competence and integrity requirements. b. Board Members are prohibited from utilizing the Pension Fund for personal, family, group, or other parties' interests.
c. Board Members are obligated to comply with applicable legislation and other implementing regulations.
Board Functions
a. Managing the Pension Fund by prioritizing the interests of Participants and Parties Entitled to Pension Benefits. b. Maintaining books, records, and documents necessary for Pension Fund management.
c. Acting diligently, skillfully, wisely, and carefully in carrying out their responsibilities in managing the Pension Fund. In this regard, one of the Board Members can function as the Compliance Director.
d. Keeping confidential personal information concerning each Participant. e. The Founder is prohibited from intervening in the Board's management, except as regulated in the Pension Fund legislation. f. Submitting periodic reports to the OJK according to the type, form, composition, and time established by the OJK. g. Submitting Investment Reports and Financial Reports sequentially as Monthly, Semi-Annual, and Annual Financial Reports to the Founder and Board of Supervisors. h. Announcing to Participants:
i. Balance Sheet and Profit/Loss Calculation no later than June of the following year.
ii. Summary of Semi-Annual Investment Reports signed by the Board of Directors no later than three months after the end of the semester.
iii. Summary of Annual Investment Reports audited by a Public Accounting Firm no later than six months after the end of the fiscal year.
Internal Supervision Function
a. The Board of Directors guarantees the implementation of the internal supervision function as an important part of the Pension Fund's Internal Control. b. In the event the Pension Fund has an Internal Supervision Unit, the head of that unit reports directly to the President Director/Chairman of the Board of Directors and has a functional relationship with the Audit Committee.
c. The holder of the internal supervision function is tasked with facilitating the smooth execution of audits by external auditors.
Pension Fund Secretary Function
a. The Pension Fund Secretary function is closely related to the smooth implementation of communication between the Pension Fund and relevant parties. b. The Pension Fund Secretary function also includes providing information that can be accessed by relevant parties according to their needs.
c. The Pension Fund Secretary is responsible to the President Director.
Accountability of the Board of Directors
The Board of Directors is accountable to the Founder for:
a. Implementation of the Pension Fund Regulations and all Pension Fund management activities. b. Implementation of Good Pension Fund Governance practices by the Board of Directors and Pension Fund Employees.
c. The Pension Fund's compliance with applicable regulations and legislation.
d. The quality of the Pension Fund's services to Active Participants, Inactive Participants, and Retirees. e. Implementation of the Pension Fund's Risk Management.
General Guidelines
Composition and Number of Board of Supervisors Members
a. The Board of Supervisors consists of Employer/Founder Representatives, Participant Representatives, and Retirees. b. The Board of Supervisors is selected, appointed, and dismissed by the Founder.
c. The number of Board of Supervisors members is adjusted to the complexity of the Pension Fund while still considering effectiveness in decision-making.
Competence and Integrity of the Board of Supervisors
a. The Board of Supervisors has competence and integrity appropriate to the needs of the Pension Fund. b. The Board of Supervisors is prohibited from utilizing the Pension Fund for personal, family, group, or other parties' interests.
c. The Board of Supervisors is obligated to comply with applicable legislation and other implementing regulations.
Supervision Functions of the Board of Supervisors
a. Appointing Public Accountants and Actuaries. b. Approving the Annual Investment Plan.
c. Establishing Investment Directions together with the Founder.
d. Supervising the implementation of the Work Plan and Budget. e. Supervising the implementation of the Annual Investment Plan and Investment Directions and evaluating investment performance. f. Following the development of activities and the condition of the Pension Fund. g. Providing an Annual Report of supervision results regarding the management of the Pension Fund by the Board of Directors to the Founder. h. Announcing to Participants a copy of the Annual Report of the Board of Supervisors' Supervision Results regarding the management of the Pension Fund by the Board of Directors.
b. Nomination and Remuneration Committee/Function The Nomination and Remuneration Committee/Function serves as a facilitator for the Board of Supervisors in assisting the Founder in establishing criteria and selecting candidates for the Board of Supervisors and Board of Directors, as well as the remuneration system. The Nomination and Remuneration Committee consists of one of the Board of Supervisors members, but if necessary, can also appoint members from outside the Pension Fund who have competence. In the event a Nomination and Remuneration Committee is not formed, its function is carried out by the Board of Supervisors.
c. Risk Policy Committee/Function
The Risk Policy Committee/Function serves as a facilitator for the Board of Supervisors in reviewing the Risk Management System prepared by the Board of Directors and assessing the risk tolerance that can be accepted by the Pension Fund. The Risk Policy Committee consists of one of the Board of Supervisors members, but if necessary, can also appoint members from outside the Pension Fund who have competence. In the event a Risk Policy Committee is not formed, its function is carried out by the Board of Supervisors.
d. GPFG Policy Committee/Function
The GPFG Policy Committee/Function serves as a facilitator for the Board of Supervisors in reviewing the GPFG system policy comprehensively prepared by the Board of Directors and assessing the consistency of implementation related to the ethics of managing the Pension Fund. The GPFG Policy Committee consists of one of the Board of Supervisors members, but if necessary, can also appoint members from outside the Pension Fund who have competence. In the event a GPFG Policy Committee is not formed, its function is carried out by the Board of Supervisors.
General Guidelines
The Board of Directors and Board of Supervisors, according to their respective functions, to maintain the continuity of the Pension Fund, are obligated to carry out among others:
a. Internal control and risk management functions. b. Achieving optimal returns for the Pension Fund.
c. Fair protection of the interests of the Founder and Participants.
d. Leadership succession and management continuity. e. GPFG properly and correctly.
The Board of Directors and Board of Supervisors, in accordance with the established vision, mission, and strategy, agree on:
a. Long-term plans, work plans, and annual budgets. b. Policies in making decisions are carried out objectively, free from pressure and free from all forms of conflict of interest.
c. Fair and non-discriminatory Pension Fund valuation policies and methods.
d. An organizational structure capable of supporting the achievement of the Pension Fund's goals.
In accordance with applicable legislation and other implementing regulations, the Founder is prohibited from intervening in Pension Fund management activities, meaning that the Board of Directors must act independently in managing its activities.
Basic Principles
The relationship between the Pension Fund with business partners (Banks, Securities, Investment Managers, Actuaries, Public Accountants, etc.) and employees is built on the principles of equality and fairness based on regulations applicable to each party, including:
General Guidelines
Cooperation with Business Partners
a. The Pension Fund has regulations governing the business relationship with Business Partners. b. The Pension Fund and Business Partners have the right to obtain relevant information according to their respective needs so that decisions can be made that are accountable.
c. The Pension Fund and Business Partners are obligated to keep information confidential and protect the interests of each party.
Treatment of Employees
a. The Pension Fund must have personnel regulations governing employee obligations and rights. b. The Pension Fund creates a conducive work environment to encourage every employee to work creatively and productively.
c. The Pension Fund provides transparent information to employees.
d. The Pension Fund regulates every employee to uphold high ethical standards and the Pension Fund's values, and to comply with applicable internal policies, regulations, and procedures.
Treatment of Participants
a. The Pension Fund must have regulations governing the submission of suggestions and opinions from participants. b. The Pension Fund provides relevant information regarding their membership.
Basic Principles
The implementation of GPFG (Good Pension Fund Governance) is carried out systematically and continuously; therefore, it is supported by implementation guidelines that can serve as a reference for Pension Funds in implementing GPFG.
Implementation Guidelines
To implement GPFG, the formulation of various policies is required, including:
a. Vision, Mission, and Values of the Pension Fund. b. Policies governing the implementation of functions by parties related to the Pension Fund.
c. Ethics in managing the Pension Fund.
d. Social Control Mechanisms for Participants.
To ensure GPFG can be implemented, it is recommended to go through stages including:
a. Building concern and commitment from the Pension Fund's management, exemplified by the Founder, Board of Trustees, and Board of Supervisors. b. Conducting an assessment of the Pension Fund's condition related to GPFG.
c. Formulating a GPFG implementation program.
d. Internalizing the GPFG implementation program so that a sense of ownership is built among all elements of the Pension Fund. e. Conducting self-assessment and audit to ensure the continuous implementation of GPFG policies.
There are 16 implementation guidelines we have formulated for the systematic and continuous implementation of GPFG. These guidelines are:
A. Internal Control Guidelines
INTERNAL CONTROL SYSTEM GUIDELINES (01)
Purpose and Objective: Internal control system or management control is a system adopted or implemented in a work unit/organization and designed in a coordinated manner, covering organizational structure, policies, procedures, and methods. Its objectives are:
a. To safeguard assets. b. To produce accurate, timely, and accountable financial reports, investment reports, and management reports.
c. To utilize resources and facilities efficiently and effectively.
d. To encourage the improvement of responsibility implementation, risk culture, and an adequate and efficient early warning system.
Reference Basis:
Scope:
Related Parties:
Output:
Standard Internal Control System Guideline Book.
Internal control system that must be regularly reviewed for effectiveness according to technological developments and legislation.
Guideline Book regarding delegation of authority.
Deviation Reports (if any), along with corrective actions, sanctions imposed, proposed improvements, and monitoring of follow-up actions.
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B. Behavior and Code of Ethics Guidelines
BEHAVIOR AND CODE OF ETHICS GUIDELINES (02)
Purpose and Objective: The main purpose of formulating the code of ethics guideline book is: as a guide for behavior in decision-making, especially regarding business relationships, so that Pension Fund management is conducted professionally and responsibly.
The main objectives of formulating the code of ethics guideline book:
Reference Basis:
Scope:
Related Parties:
Output:
Clarity and clear boundaries on what must be done and what must not be done.
Organizer behavior that is appropriate/inappropriate with the Code of Ethics.
Creation of a work atmosphere and environment that is honest, clean, and of high morality.
Maintenance of compliance with law and prudential principles responsibly for all levels of the Pension Fund.
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C. Risk Management Guidelines
RISK MANAGEMENT GUIDELINES (03)
Purpose and Objective: The purpose of the Risk Management Guidelines is to have guidelines that serve as a reference for identifying, measuring, preventing, and handling risks in the Pension Fund environment, so that losses can be prevented as early as possible.
Reference Basis:
Scope:
Related Parties: Founder, Board of Supervisors, Board of Trustees, Staff, Related parties.
Output:
D. Funding Guidelines
FUNDING GUIDELINES (04)
Purpose and Objective: To provide an overview of the obligations that must be met by the Founder to fulfill Participant rights, through the process of fund collection and management.
Reference Basis:
Reference:
Scope:
Related Parties:
Output:
Founder's Statement.
Actuarial Obligations.
Solvency Obligations.
Normal Contributions.
Additional Contributions.
Fund Sufficiency Ratio.
Actuarial Projections.
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E. Investment Guidelines
INVESTMENT GUIDELINES (05)
Purpose and Objective: To provide guidance in investment management so that managed funds yield optimal and relatively safe results in accordance with Pension Fund legislation and Investment Guidelines.
Reference Basis:
Reference:
Scope:
Introduction.
Purpose and Objective.
General Investment Policy.
Pension Fund Asset Allocation.
Investment Guidelines and Investment Plans.
Investment Fund Allocation.
Fields and Types of Investment.
Targets, Investment Results.
Investment Costs.
Investment Risk Management.
Investment Committee.
Authority, Authorization, and Responsibility.
Investment Decision-Making Process
Attention and adjustment to market situations and developments.
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Third-party Investment Management.
Use of Experts and Consultants.
Assessment of Partners in investment activities.
Portfolio Management Process.
Policies in each field and type of investment.
Related Parties:
Output:
F. Organization and Work Guidelines
ORGANIZATION AND WORK GUIDELINES (06)
Purpose and Objective: To provide an overview of the delegation of authority and division of tasks from each function in the organization clearly with attached supervision so that a conducive working condition is created.
Reference Basis:
Scope:
Introduction.
Purpose and Objective.
General Policy on Organization and Management.
Working relationships between Founder, Board of Trustees, Board of Supervisors, and Employees.
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Pension Fund Organizational Structure.
Job Descriptions.
Authority, Authorization, and Responsibility.
Related Parties:
Output: Clarity of the position of the Pension Fund management according to function, role, duties, rights and obligations, authority, and responsibility.
G. Budget Formulation Guidelines
BUDGET FORMULATION GUIDELINES (07)
Purpose and Objective: To provide an overview of the method of formulating the Annual Work Plan (RKA) as one of the work guidelines for the Pension Fund Board of Trustees for one year.
Reference Basis:
Scope:
Introduction.
Purpose and Objective.
General Policy on Planning and Budgeting System.
Work Plan.
Investment Guidelines.
Process of formulating and setting the work plan.
Evaluation of previous performance.
Participants
Investment Funds
Investment Results
Operational Costs
Business Results
Net Assets
Actuarial Obligations
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Actuarial obligation difference
Ratios
Pension Benefits
Normal Contributions
Additional Contributions
Basic Assumptions.
Macroeconomic Conditions
Average deposit interest rates
Average bond interest rates
Mutual fund growth rates
Micro Conditions (Internal)
Dividend participation
Rental interest rates
Government securities interest
Promissory Note Interest
Using previous reports
Actuarial Interest Rates
Normal contribution payment pattern, employer burden, and additional contributions
PhDP (Pension Fund Health Index) increase assumptions
Cost increase assumptions
Work Program
Budget Plan
Evaluation and Monitoring of work plan and budget.
Related Parties:
Output: Approved Work Plan & Budget by the Founder
H. Accounting Guidelines
ACCOUNTING GUIDELINES (08)
Purpose and Objective: As an Accounting Guideline for the preparation of Financial Reports and Management Reports.
Reference Basis:
Reference:
Scope: General Policies, Account Codes and Explanations, Transaction Recording Process, Accounting Media, and Reporting System.
Related Parties: Board of Trustees, Employees, Board of Supervisors, Founder, Participants, Regulator, and Auditors.
Output: Financial Reports, Investment Reports, Management Reports, and other related reports.
I. Participant Service Guidelines
PARTICIPANT SERVICE GUIDELINES (09)
Purpose and Objective: To optimize service to participants so that participant rights and obligations can be fulfilled.
Reference Basis:
Scope:
Related Parties:
Output: Participant Service Guidelines
J. Information System Guidelines
INFORMATION SYSTEM GUIDELINES (10)
Purpose and Objective: To assist Pension Fund management in processing data from internal and external sources into accurate and timely information.
Reference Basis:
Reference:
Scope:
Membership Information System includes, among others:
Active Participants
Participant Contributions
Employer Contributions
Passive Participants
Pension Benefit Payments
Investment Information System includes, among others:
Investment Placement
Investment Disposal
Financial and General Information System includes, among others:
Operational Cost Payments
Operational Cost Invoices
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Related Parties:
Output: Information needed according to requirements.
K. Guidelines for Sale/Disposal or Write-off of Problematic Investment Assets and Operational Assets.
GUIDELINES FOR SALE/DISPOSAL OR WRITE-OFF OF PROBLEMATIC INVESTMENT ASSETS AND OPERATIONAL ASSETS (11)
Purpose and Objective: To provide guidance in the disposal and write-off of problematic investment assets and operational assets to comply with applicable legislation.
Reference Basis:
Reference:
Scope:
Related Parties:
Output: Report on the results of sale/disposal or write-off of assets.
L. Tax Guidelines
TAX GUIDELINES (12)
Purpose and Objective: As a basic guideline for Pension Funds in acting as Taxpayers in carrying out their functions as calculators, collectors, depositors, and reporters of taxes correctly.
Reference Basis:
Scope:
PPh 21: includes PPh on retirees and Pension Fund employees, and others.
PPh 23/26: includes PPh on investment placements, in the form of giro interest, deposits, savings, bonds, capital gains, stock transactions, stock dividends, participation dividends, SPU, rental income, service charges, other services.
PPh 25/29: includes monthly payments for tax installments based on the previous year's calculation, final income, etc.
PPN: includes transactions subject to PPN, among others; payment and receipt of remuneration for transactions subject to PPN.
BPHTB: includes transactions for the purchase and sale of rights over land, buildings.
Tax Exemption Certificate (SKB).
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Related Parties: Participants, Board of Trustees, Employees, Board of Supervisors, Founder, Tax Officer, External auditors.
Output: Orderly and correct implementation of tax rights and obligations.
M. Procurement of Goods and Services Guidelines PROCUREMENT OF GOODS & SERVICES GUIDELINES (13)
Purpose and Objective: As a guideline for determining partners in the procurement of goods and services.
Reference Basis:
Reference:
Scope:
Related Parties:
Output: Partners for the procurement of goods and services that meet the legislation established.
N. Decision-Making Guidelines
DECISION-MAKING GUIDELINES (14)
Purpose and Objective: The purpose of the Decision-Making Guidelines is to have decision-making procedures that are in accordance with good governance principles and can be held accountable.
Reference Basis:
Reference:
Scope:
Meeting schedule
Method of Summoning Board of Trustees Meetings:
Invitation with official written letters or with direct notification to Board of Trustees members.
At least 1 (one) week before the meeting is held, except in urgent situations.
The invitation must state the day/date, time, place of the meeting, and the meeting agenda.
Supporting documents to be discussed in the meeting are attached to the meeting invitation.
Meeting Chairperson
Quorum
Method of decision-making based on deliberation, majority vote, or circular (on paper).
Meeting minutes stating the meeting decisions, differing opinions, and signing of the minutes.
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O. Pedoman Pelaporan
PEDOMAN PELAPORAN (15)
Maksud dan Tujuan: Sebagai pedoman dalam penyusunan dan penyampaian laporan keuangan, laporan investasi, dan laporan manajemen yang akurat, tepat waktu, dan dapat dipertanggungjawabkan.
Acuan Dasar:
Acuan Referensi:
Ruang Lingkup:
Pihak Terkait:
Output:
P. Pedoman Penyelesaian Sengketa
PEDOMAN PENYELESAIAN SENGKETA (16)
Maksud dan Tujuan: Sebagai pedoman dalam menyelesaikan sengketa yang timbul antara Dana Pensiun dengan Peserta, Mitra Bisnis, atau pihak lainnya secara musyawarah untuk mufakat atau melalui jalur hukum.
Acuan Dasar:
Acuan Referensi:
Ruang Lingkup:
Pihak Terkait:
Output:
Penyelesaian sengketa yang adil dan transparan.
Kepatuhan terhadap hukum dan peraturan yang berlaku.
Terpeliharanya hubungan baik antar pihak.
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DECISION GUIDELINES (14)
Stakeholders:
Regulator
Board of Trustees
Output:
Strategic decisions
Operational decisions
Technical decisions
O. Archiving Guidelines
ARCHIVING GUIDELINES (15)
Purpose and Objective: To provide guidance in archiving management for smooth operations and the achievement of Pension Fund objectives. Reference Standards:
National Archival System.
Archival system of the Founding Company.
Scope:
Archival media.
Paper media.
Electronic Media: Magnetic disks, Tapes, and Computer hard disks, etc.
Image Media: Micrographics and Optical disks.
Types of archives.
Active archives
Vital archives
Inactive archives
Ancient archives
Archival classification systems.
Alphabetical
Numerical/Numeric
Geographical
Subject-based
Chronological
Archival management procedures.
Storage procedures.
Retrieval procedures.
Transfer procedures.
Destruction procedures.
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ARCHIVING GUIDELINES (15)
Archival retention procedures.
Stakeholders:
Regulator,
Board of Trustees
Supervisory Board
Employees,
Participants
Auditors.
Output: Well-organized archives.
P. Correspondence Guidelines
CORRESPONDENCE GUIDELINES (16)
Purpose and Objective: As a guideline and reference in carrying out correspondence administration to assist the smooth execution of management tasks in providing, managing, maintaining, and securing written information, so that every decision can be taken quickly, accurately, efficiently, and effectively. Reference Standards: Common practices. Scope:
Forms of Official Letters, consisting of:
Internal Official Letters regulating correspondence between sections, from section to Board of Trustees, Board of Trustees to Board of Trustees, Board of Trustees to section.
External Official Letters (incoming or outgoing letters), such as letters from the Board of Trustees to Regulator/Founding Company/Supervisory Board/Working Partners or vice versa.
Media/Form
Letters/Memos
Fax
Delivery Methods
Post
Courier
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CORRESPONSE GUIDELINES (16)
Handling of Official Letters.
Structure of Official Letters; the structure of official letters must contain elements including:
Letterhead.
Place and Date.
Letter Number, Subject, and Attachments.
Addressed party.
Body of the Letter and type/paper size/format according to the common practices of each Pension Fund.
Sender identity adjusted to their authority.
Signature authority according to regulations applicable in each Pension Fund.
Stakeholders:
Regulator
Founding Company
Supervisory Board
Board of Trustees
Staff
Working Partners
Output: Internal and External Letters.
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CHAPTER VI
STATEMENT OF COMPLIANCE WITH GPFG GUIDELINES
Basic Principles
The Board of Trustees in the Management Report and the Supervisory Board in the supervisory report make statements regarding the application of the GPFG guidelines in stages as referred to in Chapter I to Chapter III. Thus, the extent of the application of the GPFG in the Pension Fund can be assessed. General Guidelines
Established in Jakarta on 23 February 2016
CHAIRMAN OF THE COMMISSIONERS BOARD
FINANCIAL SERVICES AUTHORITY, ttd
MULIAMAN D. HADAD
Copy consistent with the original
Legal Director 1
Legal Department ttd
Yuliana
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Amended 1 time · last 2019-05-27
Source: Otoritas Jasa Keuangan (Financial Services Authority) — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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