Possibility of changing the pension fund in the administrative system of Iran

Changes in the social and economic conditions of the country and the relocation of labor in different areas of work have made it necessary to transfer insurance records between the Social Insurance Pension Fund, which serves different segments of the work. Transfer from one pension fund to another, either voluntarily or involuntarily, has many implications that can be seen in terms of employees' employment rights and the interests of the bureaucracy. In this area, in addition to legal texts, the review of the rulings of the Court of Administrative Justice is of particular importance. The main purpose of this study is legal analysis of the possibility of changing the pension fund in the Iranian administrative system by looking at the procedure of the Administrative Court of Justice. Due to the special nature of legal studies in this article, a descriptive analytical method has been used. The results of the research show that due to different legal conditions, the transfer of insurance records from one fund to another is faced with limitations and obstacles. Examining the scattered laws and regulations in the field of transferring insurance records and looking at the procedure of the Administrative Court of Justice shows that the main issue in this field is the possibility or impossibility of transferring insurance records. In various texts, what is considered as the initial state in changing the pension fund is a forced change as a result of matters such as changing the service device, and in limited and exceptional cases, the voluntary possibility of change has been recognized. Another important point in this regard is the determination of the person responsible for paying the difference in insurance premiums that are transferred between the two funds, which is doubly important due to its importance. This task is in some cases the responsibility of the beneficiary and in some cases the responsibility of the government. In view of the above-mentioned points, it seems necessary for the legislator to adopt a unified procedure regarding the transfer of insurance records in a way that solves the problems of the insured and the funds.