The legal nature of Civil Servants Pension Fund's Assets

دانشنامه حقوق اقتصادی

Volume 31, Issue 26, March 2025, Pages 203-219   

Document Type: Original Article

DOI: 10.22067/economlaw.2025.87002.1355

Authors

Mojtaba Ghasemi^{* 1}; Ahmad Panjeh Por²

¹Assistant Professor of Economic Law, Shahid Beheshti University, Tehran, Iran.

²PhD in Public Law, Shahid Beheshti University, Tehran, Iran

Abstract

Pension funds play a vital and critical role in financing consumption in the retirement era in modern economies. In their maturity process, they accumulate assets from collected payrolls of members to make them able to cover part of their liabilities in the future from the returns of these assets. Civil Servants Pension Fund (CSPF) is one of Iran’s first and largest Pension funds. It has many active corporations in various sectors of Iran's economy. Regarding the bold role of the state in the administration of this pension fund, many (such as courts) think that corporations belonging to CSPF are state-owned. This paper purports to investigate the legal nature of these corporations from both realist and formalist perspectives. Findings show that these corporations are private, which has important implications for their relations with other persons, either natural or legal. We can extend this result to other similar pension funds in Iran.

Keywords

Pension Scheme; Pension Fund; State-owned Enterprise; Private Enterprise; Payroll tax

References

[1] Barr, N. & Diamond, P. (2006). the Economics of Pensions. Oxford Review of Economic Policy, 22 (1). 15-
39.
[2] Blake, D. (2006). Pension Economics. The United States: John Wiley & sons Ltd.
[3] Blake, D. (2006). Pension Finance. The United States: John Wiley & sons Ltd.
[4] Ghasemi, M. Johari, H. (2024). Gone with the Wind: A Critique of Corporate Governance in the Social
Security Organization and Civil Servants Pension Fund. Public Law Research. 26 (83(113-142. (In Persian).
[5] Holzmann R., E. Palmer and D. Robalino (eds.) (2013). NDC Pension Schemes: Progress and Frontiers in a
Changing Pension World Volume 2 - Gender, Politics and Financial Stability. World Bank: Washington DC.
[6] Holzmann R., E. Palmer (eds.) (2006). Pension Reform through NDCs: Issues and Prospects for Non-
Financial Defined Contribution Schemes, World Bank.
[8] Palmer, E. (2000). The Swedish Pension Reform: Framework and Issues (World Bank Social Protection
Discussion Paper, No. 0012).
[9] Ramaswamy, S. (2012). The Sustainability of Pension Schemes (BIS Working Paper, No 368).