The Pension Trust Deed is a foundational document used to establish and govern pension arrangements in the Philippines, typically implemented by employers seeking to provide retirement benefits for their employees. This document is essential for companies operating under Philippine jurisdiction who wish to establish a formal, regulated pension scheme that complies with local laws and regulations. The deed must align with various Philippine legislative requirements, including the Civil Code's trust provisions, Labor Code requirements, and relevant SEC regulations. It comprehensively details the trust's structure, governance, investment parameters, contribution requirements, benefit calculations, and distribution mechanisms. The document serves as the primary reference point for all stakeholders involved in the pension arrangement and provides the legal framework for protecting beneficiaries' interests while ensuring proper fund management.
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1. Parties: Identifies the trust sponsor (typically employer), trustee(s), and general reference to beneficiaries
2. Background: Sets out the context and purpose of establishing the pension trust
3. Definitions: Defines key terms used throughout the deed
4. Declaration of Trust: Formally establishes the trust and sets out its basic structure
5. Trust Fund: Details the initial fund setup, authorized contributions, and fund composition
6. Eligibility and Membership: Specifies who can become members of the pension scheme
7. Contributions: Outlines the contribution structure, including employer and employee contributions
8. Trustee Powers and Duties: Comprehensive list of trustee powers and responsibilities
9. Investment Provisions: Sets out investment policies, restrictions, and guidelines
10. Benefits: Details the types of benefits, calculation methods, and payment conditions
11. Administration: Covers administrative procedures and record-keeping requirements
12. Amendment and Termination: Procedures for modifying the trust deed and terminating the trust
13. Governing Law and Dispute Resolution: Specifies applicable law and dispute resolution mechanisms
1. Investment Committee: Include when the trust will have a dedicated investment committee to guide investment decisions
2. Multiple Employer Provisions: Required when the pension trust covers multiple participating employers
3. Insurance Provisions: Include when the trust will purchase insurance products as part of its benefits structure
4. Overseas Investment Provisions: Include when the trust may invest in foreign markets
5. Early Retirement Provisions: Detail specific provisions for early retirement options if offered
6. Disability Benefits: Include when specific disability benefits are offered through the trust
7. Death Benefits: Include when specific death benefits are offered beyond basic pension benefits
1. Schedule 1 - Initial Trust Fund: Details of initial contributions and assets forming the trust fund
2. Schedule 2 - Contribution Rules: Detailed rules governing contributions, including rates and timing
3. Schedule 3 - Benefit Calculation Rules: Detailed formulas and methods for calculating various benefits
4. Schedule 4 - Investment Policy Statement: Comprehensive investment guidelines and restrictions
5. Schedule 5 - Administrative Procedures: Detailed procedures for day-to-day administration
6. Appendix A - Member Application Form: Standard form for new members joining the scheme
7. Appendix B - Beneficiary Designation Form: Form for members to designate their beneficiaries
8. Appendix C - Claim Forms: Standard forms for various types of benefit claims
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