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Regulatory bodies

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September 05, 2018

Discuss why Pension Fund Regulatory Development Authority (PFRDA) is crucial for India and examine the shortcomings in the regulatory framework. (200 words)

Refer – Business Line

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IAS Parliament 6 years

KEY POINTS

Significance of PFRDA

·         In the past few decades, burgeoning populations and increasing life expectancies have led to an unprecedented rise in the elder population.

·         India with the elder population, projected to reach 19% of the total population by 2050.

·         A significant part of this group will be unable to work for a living, and also simultaneously incur higher medical and other expenses.

·         Not only does the lack of a financial security net for this group leave it vulnerable to a number of exigencies, it also increases the likelihood of inter-generational continuity of debt and a higher fiscal burden for the government of the day.

·         Given these factors, the presence of a sound, efficient and reliable pension system is indispensable to the economy.

·         The Pension Fund Regulatory and Development Authority of India (PFRDA), set up in 2003, is responsible for establishing, developing and regulating pension funds in India.

·         It regulates the functioning of key intermediaries under the NPS framework.

·         It includes the NPS Trust and the Pension Funds and Points of Presence.

Shortcomings

·         NPS – Being a regulator of the pensions sector, PFRDA is also responsible for promoting and developing the NPS. This gives rise to concerns of a potential conflict of interest.

·         NPS Trust – At present, the NPS Trust and the PFRDA possess overlapping and concurrent powers.

·         This lacks clarity, leading to accountability and conflict of interests concerns.

·         Act – The foreign shareholding limits for Indian insurance companies are currently 49%.

·         Also, the foreign exchange regulations, cap foreign shareholding in the pensions sector at 49%.

·         But, PFRDA Act caps foreign shareholding in Indian pension funds to be the higher of 26 per cent of the pension fund’s paid-up capital or the limits specified for Indian insurance companies.

·         The choice from dual percentages as specified in the Act creates unnecessary confusion.

·         Consumer protection – The web-based grievance portal for NPS subscribers allows complaints registration only in English.

·         Similarly the PFRDA (Redressal of Subscriber Grievance) Regulations, 2015 fails to specify clear grounds for approaching the office of the Ombudsman.