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Trial Measures For The Occupational Pension

Original Language Title: 企业年金试行办法

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(January 6, 2004, Ministry of labour and social security to 20th release) first to establish a multi-level old-age insurance system, to better protect the lives of employees after retirement, improving the social security system, according to the labour law and the relevant provisions of the State Council, these measures are formulated. Enterprise annuity in these measures in article, refers to the enterprise and its employees shall participate in the basic old-age insurance based on the voluntary establishment of supplementary old-age insurance system.
    Establishment of enterprise annuity and shall be executed in accordance with these regulations.
    Enterprise article in accordance with the following conditions, you can set up occupational pension: (a) participating in the basic old-age insurance according to law and to meet their financial obligations, (ii) has a corresponding economic affordability and (iii) collective consultation mechanism has been established. Article fourth establishment of enterprise annuity, by enterprises with trade unions or employee representatives should be determined through collective bargaining, and the development of enterprise annuity program.
    State-owned and State-holding enterprises draft the occupational pension scheme shall be submitted to the General Assembly or congresses for discussion and adoption.
    Fifth article Enterprise annuity programme should including following content: (a) participate in personnel range; (ii) funds raised way; (three) workers Enterprise annuity personal account management way; (four) Fund management way; (five) meter sent approach and paid way; (six) paid Enterprise annuity treatment of conditions; (seven) organization management and supervision way; (eight) suspended payment of conditions; (nine) both agreed of other matters.
    Occupational pension scheme applicable to corporate probation employees. Article sixth occupational pension scheme shall submit the administrative departments of local people's Governments above the county level labor security in the region. Central-owned enterprise annuity scheme, should be submitted to the Ministry of labor and social security.
    Administrative departments of labor security 15th days after receipt of the enterprise annuity plan text has not been challenged, occupational pension scheme shall come into force. Article seventh annuity fee required by the enterprise and the individual contributions.
    Enterprise payment channels according to the relevant regulations of the State of Liechtenstein; workers ' individual contributions by the company withheld from the employees wages. Article eighth payment does not exceed, annually on annual wages of staff and workers of the enterprise one-twelveth.
    Corporate and employee contributions total less than on annual wages of staff and workers of the enterprise one-sixth.
    Comprising Nineth corporate annuity Fund consists of the following: (a) the enterprise payment; (b) the individual contributions of employees; (c) occupational pension fund investment returns.
    Tenth the total accumulation of occupational pension funds, personal account management. Pension fund investment operations according to state regulations.
    Enterprise pension investment income of the Fund into the Pension Fund.
    Article 11th payment proportion the amount calculated in accordance with occupational pension scheme should be counted towards the pension personal accounts of employees; workers ' individual contributions into my pension personal accounts.
    Pension fund investment gains, net yield into corporate pension personal accounts. 12th employee reaching the retirement age stipulated by the State, can my pension in personal accounts once or periodically receive a pension. Employees did not meet state-mandated retirement age, be allowed to withdraw funds in advance from your personal account.
    Settle down people personal accounts of the enterprise annuity funds, may I request a one-time paid himself. 13th employee when changing workplace, personal account of enterprise annuity can accompany transfers of funds.
    Employee education, army, during periods of unemployment or absence of enterprise annuity system in new employment, pension personal accounts can be managed by the institution to continue to manage.
    14th employee or retiree dies, the pension account balance under the designation of beneficiary or heir apparent lump. 15th Enterprise Annuity business, Pension Trustees should be identified (hereinafter referred to as the trustee), entrusted with the management of enterprise's annuity.
    Trustees of the enterprise annuity Council can be established, corporate trustee may also be in line with national requirements.
    16th by the enterprise and the Trade Union of the enterprise annuity Council, comprising representatives can also employ professionals outside of the enterprise, in which staff representatives shall be not less than one-third.
    17th the enterprise annuity Council apart from the management of the enterprise annuity and shall not engage in any other form of commercial activity. Article 18th agent shall sign a written contract.
    Party for the enterprise, and as a trustee of the other party.
    19th trustee may appoint a qualified enterprise annuity account management institution as an account manager, is responsible for managing corporate pension accounts may entrust a qualified investment operations as an investment manager, responsible for the Pension Fund's investment operations.
    Trustees shall choose qualified commercial banks or professional custodian as custodian responsible for managed corporate pension funds.
    Trustees and Accounts Manager, investment management and trustee to determine trust relationship, shall sign a written contract.
    20th Enterprise annuity Fund and trustee, account manager, investment manager and trustee of its own assets or other assets to administer may not be appropriated for other purposes.
    Enterprise annuity fund management shall implement the relevant provisions of the State. 21st labor and social security administration departments at or above the county level shall be responsible for the supervision and inspection of the implementation of the measures.
    For violations of these rules, the administrative departments of labor security warning and order them to correct.
    22nd due to performance of the enterprise annuity contract dispute, according to law by the parties to go to arbitration or litigation arising from the conclusion or fulfilment of occupational pension plan dispute, according to the relevant collective agreement dispute settlement provisions of the State.
    Article 23rd to participate in other units of the social pool of basic old-age insurance, can be performed with reference to these regulations. 24th article this way come into effect May 1, 2004.
                                                                                  Originally released on December 29, 1995, the Ministry of Labour issued relating to views on establishing enterprise supplementary old-age insurance system notice repealed simultaneously.