Document Type : Research Paper
Authors
1 Assistant Professor, Economic and Public Law, Shahid Beheshti University, Tehran, Iran
2 LLM, Economic Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Abstract
Introduction
Pension funds play a crucial role in Iran by providing retirement provisions through paying pension benefits to retirees and their eligible survivors. However, the pension funds currently experience a critical situation due to a significant disparity between their financial resources and pension liabilities. This crisis stems from several factors, including the generosity of pension programs (in terms of retirement age and conditions and scope of support for survivors), demographic changes, and increased life expectancy leading to more pensioners and fewer contributors. Additionally, the challenges such as low returns on investment; transference of loss-making enterprises to the funds in order to settle government debts; and structural, governance, and management issues have exacerbated the situation.
In fact, the primary factor contributing to the current crisis is the inefficiency of laws and regulations governing the Social Security Organization (SSO) and the Civil Servant Pension Fund (CSPF). The existing regulations on the governance of pension funds have changed the government’s role from regulator and guarantor to an intervening party. Consequently, most fund managers are appointed by the government, which sidelines beneficiaries and stakeholders from the governance process. Such a governmental structure, coupled with the lack of stakeholder involvement, exacerbates the problem of representation arising from the separation of ownership and management. This issue manifests itself not only in the traditional form but also in the political form.
To address the problem of representation in pension funds requires supervision and increased stakeholder participation in fund management in order to enhance transparency, accountability, and managerial accountability. Therefore, it is crucial to revise laws and regulations to empower stakeholders’ role in the administration of pension funds. In this respect, the present study aimed to analyze the deficiencies in the laws and regulations on the governance and management of pension funds in Iran through the lens of corporate governance principles and mechanisms.
Literature Review
The regulations on the governance and management of pension funds play a crucial role in their performance. Establishing procedures and processes that promote good governance in pension funds can significantly contribute to the prevention and resolution of the current crisis. In this respect, corporate governance and its principles and mechanisms can serve as a vital tool for assessing the governance and management of pension funds. Pension funds in Iran, particularly SSO and CSPF, lack indicators of good governance in line with the corporate governance principles. The stakeholder involvement in company management, a fundamental right contributing to the mitigation of representation problems, is largely absent from the governance structure of Iran’s pension funds. Moreover, there are no legal requirements mandating transparency and reporting of the performance of pension fund managers. Additionally, the failure to recognize managers’ legal responsibility for their decisions, often influenced by their political affiliations, exacerbates the lack of accountability on the part of managers.
Materials and Methods
The present study used a descriptive–analytical method to address the research questions.
Conclusion
Considering the corporate governance mechanisms, Iranian pension funds (esp. SSO and CSPF) lack optimal conditions. The independence of the board of directors, a crucial aspect of corporate governance aimed at achieving its goals and principles, is fundamentally absent in Iranian pension funds. Moreover, the supervisory structure of pension funds fails to consider tripartism and the role of stakeholders. In addition, the absence of independent audit and actuarial committees within the supervisory framework severely undermines its effectiveness.
The Audit Organization is tasked with auditing pension funds as per Paragraph (d) of Article (17) of Act on Structure of Welfare and Social Security Comprehensive System. However, the Audit Organization lacks the necessary independence and impartiality due to its governmental affiliation. Furthermore, the absence of official actuarial mechanisms to calculate the resources and liabilities of the funds, their exclusion from the establishment of rules and regulations related to fund liabilities, and the lack of public disclosure of report results to stakeholders and beneficiaries all have contributed to increased pension liabilities and financial instability of Iranian pension funds.
Keywords
- Corporate Governance
- Pension Funds
- Stakeholders
- Board of Directors
- Transparency
- Accountability
- Responsibility
Main Subjects
Books
- Hassas Yeganeh, Yahya, Philosophy of Accounting, First Edition (Tehran: Scientific and Cultural Publications, 2009).
- Haji Ghorbani Dolabi, Maryam, National and Global Experiences of Corporate Governance in Pension Funds and the Proposed Regulations for Iranian Pension Funds (Tehran: Vice President of Economic Affairs and Planning of the Ministry of Cooperation, Labor and Social Welfare, 2019).
- Hassas Yeganeh, Yahya and Rezapour, Narges, “A Critical Approach to the Theoretical Foundations of Accounting from the Perspective of Corporate Governance”, Collection of Articles of the First National Conference on Corporate Governance (In Line with the Realization of the Vision Document), First Edition, Nava Madrese Publishing House in Cooperation with Tehran Stock Exchange, May (2012).
- Tehran Stock Exchange Organization, (Tehran Stock Exchange Investment Culture Development Management), Collection of Articles of the First National Conference on Corporate Governance (in Line with the Realization of the Vision Document), First Edition (Tehran: Nava Madrese Publishing House in Cooperation with Tehran Stock Exchange, 2012).
- World Bank Group (Economic Observer of Iran, Oil-based Recovery), Special Attention: Iran's Pension System: The Need for Reforms; and Towards Water Security in Iran: Challenges and Opportunities, Translated by Hassan Golriz (Tehran: Middle East and North Africa Global Macroeconomics and Financial Management Department, World Bank, 2016).
Articles
- Azimi, Mikael, “The Missing Link of Retirement”, Retirement Special (Optimum Retirement System - Structure), Mehr (2015).
- Ebrahimi, Maryam, “Legal Foundations of Corporate Governance Principles with an Emphasis on Iran's Capital Market Regulations”, Collection of Articles of the First National Conference on Corporate Governance (in line with the Realization of the Vision Document), First Edition, Nava Madrese Publishing House in Cooperation with Tehran Stock Exchange, (2012).
- Hassas Yeganeh, Yahya, “Theoretical Foundations of Corporate Governance”, Accountant Monthly, Year 20, N 168, (2014).
- Hassas Yeganeh, Yahya, “The Role of the Board of Directors in Corporate Governance”, Accountant Journal, No. 173, (2015).
- Hassas Yeganeh, Yahya, & et al., “The Relationship Between the Quality of Corporate Governance and the Performance of Companies Listed on the Tehran Stock Exchange”, Iranian Management Sciences Quarterly, Year 4, Number 13, Spring (2018).
- Hassas Yeganeh, Yahya, & et al., “The Relationship between Corporate Governance Mechanisms, Debt Ratio, Company Size and Profit Management”, Accounting Management Quarterly, No. 24, (2008).
- Hassas Yeganeh, Yahya & Hashemi, Seyed Hadi, “Reviewing the Basics and Different Models of Corporate Governance”, Accountant Magazine, No. 201, (2008).
- Ghasemi, Mojtaba, “The Role of Laws and Regulations in the Formation of Continuous Crises: an Economic Analysis”, Social Welfare Research Quarterly, Second Year, No. 5, (2015).
- Moradi, Mehdi & et al., “Investigation of the Effect of the Size and Independence of the Board of Directors on the Agency Costs”, Experimental Accounting Research, Second Year, No. 7, (2013).
- Mahmoudzadeh, Shahryar, “The Special Task of Governance in Public Pension Funds”, Economic Supplement of Shargh Newspaper, (2015).
- Qolipour, Rahmatullah, & et al., “Corporate Governance in the Public Sector and Its Role in the Resistance Economy”, Financial and Economic Policy Quarterly, Year 4, No. 14, (2015).
- Nikbakht, Mohammadreza & et al., “Investigation of the Effect of the Characteristics of the Board of Directors on the Performance of the Company”, Shiraz University Accounting Progress Journal, Second Term, First Issue, (2010).
Thesis
- Karami, Hossein, The Relationship between Corporate Governance and Agency Costs: Evidence from the Tehran Stock Exchange, Master Thesis in Accounting, Tehran, Shahid Beheshti University, Faculty of Management and Accounting, (2011).
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