Ordinance No. 33 of 19.09.2006 on Individual Applications for Participation in an Additional Mandatory Pension Insurance Fund and for Resuming Insurance in a Universal Pension Fund

Ordinance No. 33 of 19.09.2006 on Individual Applications for Participation in an Additional Mandatory Pension Insurance Fund and for Resuming Insurance in a Universal Pension Fund (Title amended - State Gazette, No. 62 of 2016, effective from 15.08.2016) Published - State Gazette, No. 83 of 13.10.2006; amended, No. 57 of 27.07.2012, effective from 28.07.2013; amended and supplemented, No. 64 of 21.08.2012, effective from 22.02.2013; amended and supplemented, No. 67 of 12.08.2014, effective from 21.10.2014; amended and supplemented, No. 62 of 09.08.2016, effective from 15.08.2016; amended and supplemented, No. 10 of 30.01.2018, effective from 01.01.2018; amended, No. 94 of 13.11.2018, effective from 19.11.2018; amended, No. 41 of 21.05.2019; amended, No. 54 of 29.06.2021, effective from 01.07.2021 Adopted by Decision No. 65-N of 19.IX.2006 of the Commission for Financial Supervision

Section I
General Provisions

Art. 1. (Amended - State Gazette, No. 62 of 2016, effective from 15.08.2016.) This Ordinance regulates:

1. the procedure for submitting an application for participation in an additional mandatory pension insurance fund;
2. the procedure for submitting an application for resuming insurance in a universal pension fund;
3. the requirements for the form and content of the applications under items 1 and 2.

Art. 2. (Amended and supplemented - State Gazette, No. 64 of 2012, effective from 22.02.2013; supplemented, No. 62 of 2016, effective from 15.08.2016.) When choosing or in connection with choosing a fund for additional mandatory pension insurance under the conditions and procedure of this Ordinance, pension insurance companies, their shareholders, insurance intermediaries, or other persons shall not provide, offer, or promise in any form special privileges, gifts, services, or other benefits to persons subject to insurance, respectively, to persons resuming their insurance in a universal pension fund.

Section II
Procedure for Submitting an Application for Participation in an Additional Mandatory Pension Insurance Fund and Requirements for its Form and Content

Art. 3. (Amended - State Gazette, No. 67 of 2014, effective from 21.10.2014; supplemented, No. 62 of 2016, effective from 15.08.2016; amended, No. 10 of 2018, effective from 01.01.2018.) (1) (Supplemented - State Gazette, No. 62 of 2016, effective from 15.08.2016.) A person for whom the obligation to insure in a universal pension fund initially arose shall submit within the period specified in Art. 137, para. 3 of the Social Insurance Code (SIC) an application according to the model in Appendix No. 1 to the pension insurance company managing the fund in which they wish to participate. (2) A person for whom the obligation to insure in a professional pension fund has arisen shall submit within the period specified in Art. 140, para. 3 of the SIC an application according to the model in Appendix No. 2 to the pension insurance company managing the fund in which they wish to participate. (3) The forms of the applications under paras. 1 and 2, hereinafter referred to as "applications for participation," shall be printed by each pension insurance company on white three-ply carbonless paper in A4 format with black ink, with the serial number of the copy placed in the lower left corner. Instructions for completion according to Appendices No. 1 and 2 shall be printed on the back of the third copy. (4) (Amended - State Gazette, No. 67 of 2014, effective from 21.10.2014; amended, No. 10 of 2018, effective from 01.01.2018.) When the application for participation is submitted on paper, the signature of the person on the first copy shall be notarized. When the application for participation is prepared as an electronic document with a qualified electronic signature, the requirements of the Law on Electronic Document and Electronic Attestation Services (LEDEUS) shall be observed.

Art. 4. (Amended and supplemented - State Gazette, No. 64 of 2012, effective from 22.02.2013; amended, No. 67 of 2014, effective from 21.10.2014; amended and supplemented, No. 62 of 2016, effective from 15.08.2016; amended, No. 10 of 2018, effective from 01.01.2018.) (1) (Amended in full - State Gazette, No. 64 of 2012, effective from 22.02.2013; amended, No. 67 of 2014, effective from 21.10.2014; amended, No. 10 of 2018, effective from 01.01.2018.) The application for participation shall be submitted by the person at the office of the pension insurance company, through an insurance intermediary, or as an electronic document in accordance with LEDEUS. The pension insurance company shall assist the person in performing all actions related to the submission of the application and shall provide them with current written information according to the models in Appendices No. 3 and 4. (2) (Amended - State Gazette, No. 10 of 2018, effective from 01.01.2018.) When the application for participation is submitted through an insurance intermediary, the intermediary shall necessarily present to the person a document under Art. 123g, para. 12 of the SIC, which legitimizes them in exercising the activity of accepting applications for participation and concluding insurance contracts on behalf and for the account of the respective company. (3) (Amended - State Gazette, No. 67 of 2014, effective from 21.10.2014.) The pension insurance company shall not accept and shall return a paper application for participation that lacks a notarized signature, an electronic application that is not signed with a qualified electronic signature of the insured person, as well as an application with incomplete data and/or corrections, when as a result of these incompletenesses and corrections the person who submitted the application cannot be identified, or the data under Art. 6, para. 3 cannot be entered into the register. In each individual case, the pension insurance company shall notify the person of the specific reason why their application for participation was not accepted. (4) (New - State Gazette, No. 64 of 2012, effective from 22.02.2013.) The person accepting the application for participation shall assign it an incoming number and date and fill in the data determined for the company. (5) (Previous para. 4, amended in full - State Gazette, No. 64 of 2012, effective from 22.02.2013.) When the application for participation is submitted on paper, the employee of the company shall certify its acceptance with name, position, and signature, and the insurance intermediary - with name, official number, and signature, after which they shall immediately return the second copy of the application to the person who submitted it. The first copy remains with the pension insurance company, and the third copy shall be sent to the National Revenue Agency (NRA) by the 20th day of the current month. (6) (New - State Gazette, No. 64 of 2012, effective from 22.02.2013.) When the application for
participation is submitted as an electronic document, an electronic copy of it, signed with the electronic signature of the company, shall be sent to the person at the email address indicated in their electronic signature immediately after receipt of the application at the company, respectively - on the first working day after that date if submitted outside working hours or on a non-working day, and to the NRA by the 20th day of the current month. (7) (Previous para. 5, amended - State Gazette, No. 64 of 2012, effective from 22.02.2013.) The National Revenue Agency shall check the data recorded in the applications received in accordance with paras. 5 and 6 and within a three-month period:

1. enter into an electronic register the persons who are subject to insurance in a fund for additional mandatory pension insurance;
2. (amended - State Gazette, No. 62 of 2016, effective from 15.08.2016) prepare a list of persons for whom it is established that they are not subject to insurance in a fund for additional mandatory pension insurance.
   (8) (Previous para. 6, amended - State Gazette, No. 64 of 2012, effective from 22.02.2013; amended, No. 62 of 2016, effective from 15.08.2016.) The National Revenue Agency shall send electronically to the pension insurance company within an agreed period the list under para. 7, item 2 and simultaneously return the corresponding applications for participation, on which it shall mark that they are invalid. The pension insurance company shall notify the persons whose applications are invalid by letter with return receipt or through an insurance intermediary - in writing against signature, within seven days from receipt of the applications from the NRA. (9) (Previous para. 7, amended - State Gazette, No. 64 of 2012, effective from 22.02.2013; amended and supplemented, No. 62 of 2016, effective from 15.08.2016.) Upon establishing errors in applications for participation, the NRA shall return them to the company to which they were submitted within 15 days from their receipt in accordance with paras. 5 and 6, sending electronically to it a list of persons who submitted these applications. The pension insurance company shall notify the persons with returned applications and explain the method for eliminating the established errors by letter with return receipt or through an insurance intermediary - in writing against signature, within seven days from receipt of the applications from the NRA.

Section IIa
(New - State Gazette, No. 62 of 2016, effective from 15.08.2016) Procedure for Submitting an Application for Resuming Insurance in a Universal Pension Fund

Art. 4a. (New - State Gazette, No. 62 of 2016, effective from 15.08.2016; amended and supplemented, No. 10 of 2018, effective from 01.01.2018; amended, No. 41 of 2019.) (1) A person who wishes to resume their insurance in a universal pension fund under the conditions of Art. 124a, paras. 1 and 2 of the SIC shall submit an application according to the model in Appendix No. 5 to the pension insurance company managing the fund in which they wish to participate. (2) The forms of the applications under para. 1, hereinafter referred to as "applications for resuming insurance," shall be printed by each pension insurance company on white two-ply carbonless paper in A4 format with black ink, with the serial number of the copy placed in the lower left corner. Instructions for completion according to Appendix No. 5 shall be printed on the back of the second copy. (3) (Amended - State Gazette, No. 10 of 2018, effective from 01.01.2018.) When the application for participation is submitted on paper, the signature of the person on the first copy shall be notarized. When the application for resuming insurance is prepared as an electronic document with a qualified electronic signature, the requirements of LEDEUS shall be observed. (4) (Amended - State Gazette, No. 10 of 2018, effective from 01.01.2018.) The application for resuming insurance shall be submitted by the person at the office of the pension insurance company, through an insurance intermediary, or as an electronic document in accordance with LEDEUS. The pension insurance company shall assist the person in performing all actions related to the submission of the application and shall provide them with current written information according to the model in Appendix No. 6. The provision of Art. 4, para. 2 shall apply correspondingly. (5) The pension insurance company shall not accept and shall return a paper application for resuming insurance that lacks a notarized signature, an electronic application that is not signed with a qualified electronic signature of the insured person, as well as an application with incomplete data and/or corrections, when as a result of these incompletenesses and corrections the person who submitted the application cannot be identified, or the data under Art. 6, para. 5 cannot be entered into the register. In each individual case, the pension insurance company shall notify the person of the specific reason why their application for resuming insurance was not accepted. (6) The person accepting the application for resuming insurance shall assign it an incoming number and date and fill in the data determined for the company. When the application is submitted:

1. on paper - the employee of the company shall certify its acceptance with name, position, and signature, and the insurance intermediary - with name, official number, and signature, after which they shall immediately return the second copy of the application to the person who submitted it, and the first copy remains with the pension insurance company;
2. as an electronic document - an electronic copy of it, signed with the electronic signature of the company, shall be sent to the person at the email address indicated in their electronic signature immediately after receipt of the application at the company, respectively - on the first working day after that date if submitted outside working hours or on a non-working day.
   (7) (Amended - State Gazette, No. 10 of 2018, effective from 01.04.2018.) Simultaneously with submitting the application for resuming insurance, the person shall also sign an insurance contract with the pension insurance company managing the fund in which they wish to participate. The contract shall take effect from the first day of the month following the month of submission of the application under para. 1, provided that the requirements of Art. 124a, paras. 1 and 2 of the SIC are met. (8) (Amended - State Gazette, No. 41 of 2019.) The pension insurance company shall provide the NRA with information on accepted applications for resuming insurance within the period specified in Art. 11, para. 2 of the Ordinance on the procedure for choosing insurance, payment and distribution of mandatory insurance contributions, contributions to the Fund "Guaranteed Claims of Workers and Employees" and for the exchange of information, adopted by PM Decree No. 175 of 2018 (State Gazette, No. 70 of 2018) (hereinafter "Ordinance on the Procedure for Choosing Insurance"). (9) After checking the information received under para. 8, the NRA shall send to the pension insurance company information regarding applications that are invalid within the period specified in Art. 11, para. 3 of the Ordinance on the Procedure for Choosing Insurance. The pension insurance company shall notify the persons with invalid applications, indicating the grounds for this, by letter with return receipt or through an insurance intermediary - in writing against signature, within seven days after receiving the information from the NRA. (10) The transfer of funds for persons with valid applications shall be carried out by the NRA within the period specified in Art. 11, para. 5 of the Ordinance on the Procedure for Choosing Insurance.

Section IIb
(New - State Gazette, No. 62 of 2016, effective from 15.08.2016) Other Obligations

Art. 5. (Repealed and new - State Gazette, No. 62 of 2016, effective from 15.08.2016.) Persons are obliged to notify the pension insurance company managing the fund in which they are insured of any change in the personal data recorded in the application for participation submitted by them, respectively - application for resuming insurance, attaching copies of documents certifying the respective circumstances.

Art. 5a. (New - State Gazette, No. 67 of 2014, effective from 21.10.2014; repealed and new, No. 62 of 2016, effective from 15.08.2016; repealed, No. 94 of 2018, effective from 19.11.2018).

Art. 5b. (New - State Gazette, No. 62 of 2016, effective from 15.08.2016.) The pension insurance company shall exercise control over the activities of its employees and insurance intermediaries for compliance with the requirements of this Ordinance. The company's internal control service shall notify its management bodies of any established violation of the Ordinance.

Section III
Registers

Art. 6. (Amended - State Gazette, No. 57 of 2012, effective from 28.07.2013; amended and supplemented, No. 64 of 2012, effective from 22.02.2013; supplemented, No. 67 of 2014, effective from 21.10.2014; amended and supplemented, No. 62 of 2016, effective from 15.08.2016.) (1) (Amended in full - State Gazette, No. 64 of 2012, effective from 22.02.2013.) The pension insurance company is obliged to maintain an electronic register of submitted applications for participation. The company shall maintain only one register of applications for participation for each additional mandatory pension insurance fund it manages, ensuring a unique incoming number for each application. (2) (New - State Gazette, No. 62 of 2016, effective from 15.08.2016.) The pension insurance company managing a universal pension fund is obliged to maintain an electronic register of submitted applications for resuming insurance, ensuring a unique incoming number for each application. (3) (Amended in full - State Gazette, No. 64 of 2012, effective from 22.02.2013; previous para. 2, amended, No. 62 of 2016, effective from 15.08.2016.) The entry of applications under paras. 1 and 2 into the electronic registers shall be carried out within three working days from the day of submission of the respective application. (4) (Previous para. 3, amended and supplemented - State Gazette, No. 62 of 2016, effective from 15.08.2016.) Each register under para. 1 shall contain the following data:
1. (amended in full - State Gazette, No. 64 of 2012, effective from 22.02.2013) incoming number and date of submission of the application to the company;
2. (amended in full - State Gazette, No. 64 of 2012, effective from 22.02.2013) date of entry of the application into the register;
3. method of submission - on paper or as an electronic document;
4. (amended - State Gazette, No. 62 of 2016, effective from 15.08.2016) names as per identity document of the person who submitted the application, EGN (Unified Civil Number) and personal card number (analogous data for a foreign person);
5. (amended - State Gazette, No. 62 of 2016, effective from 15.08.2016; amended, No. 62 of 2016, effective from 15.08.2016) names as per identity document and EGN (analogous data for a foreign person) of the insurance intermediary, respectively - of the authorized person from an insurance intermediary - legal entity - in cases where the respective application was submitted through its intermediation;
6. date on which the third copy of the application was sent to the NRA;
7. (new - State Gazette, No. 67 of 2014; amended, No. 62 of 2016, effective from 15.08.2016) date of notarization of the application for participation and data on the person who performed it (name, number, area of activity, and settlement);
8. (previous item 7 - State Gazette, No. 67 of 2014, effective from 21.10.2014) number and date of the insurance contract concluded with the person;
9. (previous item 8 - State Gazette, No. 67 of 2014, effective from 21.10.2014) notes on recorded circumstances.
(5) (New - State Gazette, No. 62 of 2016, effective from 15.08.2016.) The register under para. 2 shall contain the corresponding data under para. 4, items 1 - 5, item 7, and item 9, as well as:
1. date on which the pension insurance company submitted to the NRA information on the accepted application for resuming insurance;
2. information on the validity of the application and the date on which it was provided by the NRA;
3. date of the written notification from the pension insurance company under Art. 4a, para. 9, second sentence;
4. number and date of the insurance contract concluded with the person and the date on which it takes effect.
(6) (Amended - State Gazette, No. 57 of 2012, effective from 28.07.2013; previous para. 4, No. 62 of 2016, effective from 15.08.2016.) Electronic registers shall be maintained by employees designated by written order in accordance with the ordinance under Art. 123j, para. 1 of the SIC.

Section IV
Administrative Liability

Art. 7. (Amended - State Gazette, No. 64 of 2012, effective from 22.02.2013.) (1) (Amended in full - State Gazette, No. 64 of 2012, effective from 22.02.2013.) Whoever commits or allows the commission of a violation of this Ordinance shall be punished in accordance with Art. 351 of the SIC.
(2) Violations of the provisions of the Ordinance shall be established by acts drawn up by officials authorized by the Vice-Chairman of the Commission for Financial Supervision, heading the "Insurance Supervision" Department.
(3) Penalty decisions shall be issued by the Vice-Chairman of the Commission for Financial Supervision, heading the "Insurance Supervision" Department, or by an official authorized by him.
(4) The establishment of violations, the issuance, appeal, and execution of penalty decisions shall be carried out in accordance with the Law on Administrative Offenses and Penalties.

Transitional and Final Provisions

§ 1. Within the period until 20.XII.2006, pension insurance companies shall bring their activities into compliance with the requirements of this Ordinance and submit for approval the regulations on the organization and activities of the additional mandatory pension insurance funds managed by them to the Commission for Financial Supervision.

§ 2. Art. 4, paras. 5-7 shall also apply to applications for participation submitted before the entry into force of this Ordinance.

§ 3. The models of applications for participation, approved by the manager of the National Insurance Institute with Instruction No. 14 of 2000 on the procedure for submitting an application for participation in a professional pension fund and Instruction No. 3 of 2001 on the procedure for submitting an application for participation in a universal pension fund, as well as applications for participation approved by the Commission for Financial Supervision by Decision No. 343-Z of 17.V.2006, shall be accepted and registered in the NRA until 20.XII.2006.

§ 4. (Supplemented - State Gazette, No. 10 of 2018, effective from 01.01.2018.) This Ordinance is issued on the basis of Art. 124a, para. 5, Art. 137, para. 3, and Art. 140, para. 3 of the SIC and is adopted by Decision No. 65-N of 19.IX.2006 of the Commission for Financial Supervision.

§ 5. The Commission for Financial Supervision shall provide guidelines on the application of the Ordinance.

Chairman: Ap. Apostolov

Appendix No. 1 to Art. 3, para. 1
(Fully amended - State Gazette, No. 64 of 2012, effective from 22.02.2013; amended, No. 62 of 2016, effective from 15.08.2016)

IMPORTANT: THE PENSION INSURANCE COMPANY IS OBLIGED TO PROVIDE YOU WITH A DOCUMENT ENTITLED "BASIC INFORMATION FOR INSURED PERSONS". IT WILL HELP YOU ORIENT BETTER WHEN SUBMITTING AN APPLICATION FOR PARTICIPATION AND GET FAMILIAR WITH THE MAIN CHARACTERISTICS OF THE FUND CHOSEN BY YOU.

CODE OF THE FUND TO
______________________________________________________ Incoming ___________________ __________________________________________________________ (the name of the pension insurance company managing the universal pension fund in which the person wishes to be insured is entered or printed)

Date: ___________________________________
(to be filled in by the person accepting the application)

APPLICATION for participation in a universal pension fund

Name __________________ Middle Name __________________ Surname_________________ EGN/ID/Foreign ID [][][][][][][][][][], personal card No. [][][][][][][][][], issued on ____________________________ by __________________________________ or foreigner's identification document (type, series, No., date and place of issue, validity period): ________________________________________________________ Permanent address: Region ___________________ Municipality: ______________ PC [][][][] City (village) _________________________________ residential area ___________________________ Street: ___________ No. ___ Block ___ Entrance ____ Floor ___ Apt. ___ Phone _________ Current address: Region ___________________ Municipality: ______________ PC [][][][_] City (village) ________________________________ residential area __________________________ Street: _______ No. _____ Block _____ Entrance ___ Floor ___ Apt. _____ Phone ______ Email address ________________________________________________

I declare that I wish to be insured in the Universal Pension Fund "________________________________________________________________________________________", (the name of the fund is entered or printed) managed by " _______________________________________________________________________________".
(the name of the pension insurance company is entered or printed)

1. I am aware that upon submitting more than one application, I am subject to official distribution among the registered universal pension funds in a manner and procedure determined by the National Revenue Agency and the Commission for Financial Supervision.
2. I undertake to notify the pension insurance company of any change in my personal data within one month.
3. I have received the document with basic information for insured persons.

Date: ___________________________ Signature of the applicant: ______________________

*To be filled in by an insurance intermediary (including a person authorized by an intermediary - legal entity) or by an employee of the company who accepted the application:
Name and Surname: ___________________________________________________________ Official Number/Position: ___________________ Signature: _____________________

PLEASE DO NOT FILL IN BEFORE READING THE INSTRUCTIONS ON THE BACK!
(back)
INSTRUCTIONS FOR COMPLETING THE APPLICATION

1. The application shall be filled in legibly, preferably with printed letters, observing the outlines of the fields.
2. The three names and permanent address of the applicant shall be filled in the manner in which they are recorded in the personal card or in another identity document. The "current address" field shall be filled in when it does not coincide with the person's permanent address.
3. In the field "EGN/ID/Foreign ID", the unified civil number...