The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

The nature of pension funds affiliated to Iran's executive bodies

Document Type : Original Article

Author
A member of the academic staff of Islamic Azad University, Ahar branch
10.22034/mral.2024.2035892.1638
Abstract
In Iran's social security system, there is ambiguity regarding the legal nature of some executive bodies special funds,Considering that recognizing the legal nature of funds in the laws governing the fund, its supervision and structural reforms is effective, so that this ambiguity becomes a legal and executive challenge in some cases. The current article using the method Descriptive-analytical and based on library studies, it has investigated the legal nature of pension funds affiliated to Iran's executive bodies. This article findings indicate the ambiguity in the legal nature of pension funds, on the one hand, is due to the silence of laws and regulations, and on the other hand, to the multitude of laws and regulations related to pension funds and their different rules regarding the matter is related. According to the current situation, in order to resolve the ambiguity of the legal nature, the amendment of the statutes of special pension funds with an ambiguous legal nature by the Supreme Welfare and Social Security Council, which, based on Article 17 of the Law on the Structure of the Comprehensive Welfare and Social Security System, has the authority to amend the statutes of all It has pension funds, it is necessary. Also, in the meantime, issuing a unanimous decision by the Administrative Court of Justice in order to determine the legal nature (similarly to the determination of the legal nature of the Steel Pension Fund by the General Board of the Administrative Court of Justice) can be a way forward.
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Volume 7, Issue 24
seventh year, 24th issue, ّFall 2025
Autumn 2025
Pages 487-512

  • Receive Date 18 July 2024
  • Revise Date 17 August 2025
  • Accept Date 07 September 2024