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Towns In Hainan Province In China Implementing Rules For The Regulations Of Basic Endowment Insurance

Original Language Title: 海南省城镇从业人员基本养老保险条例实施细则

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Execution of rules for the implementation of the basic old-age insurance regulations for urban practitioners in the Southern Province

(Adopted at the 16th ordinary meeting of the People's Government of the 6th Sea, on 22 January 2014, by amending the Revised Rules for the Implementation of the Basic Care Insurance Regulations for Tropical Workers in the Southern Province, No. 250 of 19 February 2014, Publication No. 250 of the People's Government Order No. 250 of 19 February 2014.

Article 1 establishes this rule in accordance with the Basic Care Insurance Regulations for Urban Practitioners in Southern Province (hereinafter referred to as the Regulations).

Article 2 However, it would be possible to provide evidence of the presence of local social insurance institutions outside the province or the proof that they have been in the custody of their offices, the services provided are not required to participate in the valid certificate material.

Non-agricultural households in the province's administration, non-time practitioners who do not participate in basic old-age insurance and other flexible employment personnel may participate in basic old-age insurance in accordance with the provisions of the Regulations.

Individuals of businessless workers in the administrative region of the province, practitioners involved in basic old-age insurance in the province may participate in basic old-age insurance without distinction as to their origin in the provinces, outside and agricultural, non-agricultural households, in accordance with the provisions of the Regulations.

Article 3. Foreign organizations established within this province's executive region and Hong Kong, Macao, Taiwan-based organizations representing institutions and their mid-sized practitioners should participate in basic old-age insurance in accordance with the provisions of the Regulations.

Chinese citizens from Taiwan, Hong Kong and Macao residents of the province's executive branch should participate in basic old-age insurance in accordance with the provisions of the Regulations.

Foreigners who have been admitted by law within the territorial administration should participate in basic old-age insurance in accordance with the provisions of the Regulations. However, persons who have entered into social insurance bilateral or multilateral agreements with China have employed their units in towns in my province and are governed by the agreement.

The list of practitioners in Article IV should be disclosed in this unit and the total number of contributions to this unit declared by the social insurance agencies and the personal contributions base shall be confirmed by the legal representative and the practitioners respectively.

Article 5 The monthly payment rate for practitioners of the user unit is determined in accordance with the total actual salary. The total monthly actual salary exceeds the average monthly salary of 30 per cent for all-year-old-up workers and does not include the contributions base for the user units and practitioners.

A total of 60 per cent of the average monthly salary for the basic old-age insurance recipients and their practitioners is less than 60 per cent of the average monthly salary for the full-year-old-up workers, as approved by the Social Insurance Agency, which can be paid on the basis of the total actual salary and gradually transition to an average salary of 60 per cent of the previous year-long-end-wide staff. Specific transitional approaches are developed by the provincial Social Insurance Administration with the relevant sectors.

Article 6. The Social Insurance Agency has the right to verify the information required by the practitioners' rosters, the salary scales, the financial accounting records, etc., for basic old-age insurance work, to investigate and inspect the payment units and the payment of personal contributions, and to impose penalties under the law for violations committed by the contributory units and the individual.

Article 7

(i) The central, provincial and provincial authorities in the area of the sea at which they are registered in non-commercial units, social groups, foundations, counsellors, accountants, etc., and the corporate and provincial authorities that are registered in the business administration at the provincial level for the approval of the establishment of the relevant units of the military units of non-military practitioners, the provincial sub-offices accredited by the social insurance administration, the introduction of basic old-age insurance industries and the transfer of basic social insurance premiums by the State, and the provision of basic social insurance insurance premiums for the old-age sector.

(ii) A user unit in the Oceanoe economic development area, after the registration of basic old-age insurance by social insurance agencies in the tropolitan economic development area and the amount of approved contributions, pays the basic pension insurance premiums to social insurance agencies in the tropolitan economic development area.

(iii) Other user units pay basic old-age premiums to local social insurance insurance agencies following the processing of basic insurance registrations in the city, district, autonomous district social insurance agencies.

(iv) Flexible employment personnel participating in basic old-age insurance are paying basic old-age insurance premiums to local social insurance insurance institutions after the registration of basic old-age insurance in the city, district, autonomous district social insurance agencies.

Article 8. In this province, the insured person repeats its participation in basic old-age insurance, which is determined by the Social Insurance Agency in consultation with himself that one of the basic old-age insurance relationships and personal accounts should be cleared and returned to the personal accounts. The number of receipts has been reduced from the amount of personal accounts storage and the subsequent balance of personal accounts storage has been returned to him. Inadequate storage of personal accounts is offset by a refund of their duration.

Article 9

Article 16 of the Regulation states that “the average basic social pension for the same period” is based on an average of 5 per cent per year in the city of the previous year, which is closed, disbanded, removed or terminated for other reasons.

For the period from 1 January 1992 to 31 December 1997, practitioners actually paid basic old-age premiums and interest earned on savings for rural and urban residents for the same period as the Chinese People's Bank, a one-time basic pension insurance personal accounts.

Article 12. Previously, an integrated and user unit of the old-age insurance industry has been introduced, with the time taken by its practitioners' personal accounts to be established in the form of an individual account of the basic old-age insurance industry. Until 1 January 1998, an integrated old-age insurance for the industry had been involved but no personal accounts had been established.

Until the integrated use of the old-age insurance industry is integrated into local management, the unit and practitioners pay a basic premium rate of 11 per cent for the full monthly wage of the practitioners, which is based on the overall actual contributions rate.

Article 13

Short-term temporary workers in institutions, non-commercial management units and social groups, pre-existing and planned temporary workers in the workplace, and in the agricultural reclaiming units, after their participation in basic old-age insurance, prior to 31 December 1993 for the duration of their work or work in accordance with the State's provisions, depending on the pay period.

Business, entrepreneurship and social groups, agencies, non-commercial management units and social groups use pre-school workers who have been admitted by the labour administration for continuing work or working years previously calculated in accordance with the State's provisions, depending on the same pay period. However, the period from 1 January 1984 to the establishment of the old-age insurance system did not actually pay the social pension premiums until the same date.

Other temporary workers (including contract work, seasonal work, rotation, farmer work, family work etc.) that were not actually paid during the period from 1 January 1989 to the establishment of the old-age insurance system, without paying the age of work or the length of work of the social insurance premium.

Practitioners who have already been integrated in the basic old-age insurance industry are transferred to local management or to transfer according to national regulations, and national or industrial authorities provide for the duration or duration of their work prior to the introduction of basic old-age insurance, depending on the contributory period.

The time limit for the work of special working species is not considered to be the same.

The army's military occupants are involved in basic old-age insurance, and their military service is carried out in accordance with the relevant national provisions.

Article 14. The Regulations and the present Rules refer to the status of work performed by practitioners prior to the introduction of a full-time labour contract by the practitioners prior to the introduction of a full-time labour contract.

The long-term temporary work in the original plan refers to the regular annual temporary work to be recruited within the National Labour Wage scheme targets.

Article 15. The user unit shall pay in full and deduct the basic old-age premiums provided for in the Regulations and the present Rules on time; shall not be paid or delayed without the approval of the social insurance administration; failure to pay in violation of the provisions of the basic old-age insurance shall be recovered by the social insurance institution in accordance with the relevant provisions of the National and Regulations.

As a result of a violation by the user unit of the underlying pension payments, leading practitioners to a failure to enjoy the basic old-age insurance treatment that should be enjoyed after the retirement age of the statutory age, the practitioners may request a lump-sum unit to assume the corresponding economic responsibility for a one-time indemnity to 75 years. The author's unit refuses to assume responsibility, and the practitioners can apply for labour disputes arbitration in accordance with the law. Inconsistency with arbitral awards, civil proceedings can be instituted before the People's Court.

Article 16, when practitioners migrate their jobs, the user units shall promptly communicate to the social insurance agencies the increase in the number of persons declared by the social insurance agencies, and the social insurance agencies shall promptly check and adjust the records of the payment of contributions paid by the person concerned.

When practitioners cross provincial mobility, the social insurance agencies should deal with the transfer of basic old-age insurance relationships and the transfer of basic old-age insurance funds in accordance with the relevant national provisions.

When practitioners migrate between different municipalities within the province, they should transfer basic old-age insurance relationships and personal accounts files according to the State-mandated approach to the transfer of basic old-age insurance funds.

Article 17 Participating in mobile employment within the province, which is handled by their final tenure, enjoys basic old-age insurance treatment; persons of origin in the province, whose basic old-age insurance relations are located in non-family locations, are subject to voluntary requests from the insured person or are transferred to the home location for treatment.

Article 18 participated in practitioners of the basic old-age insurance in the province, where the basic old-age insurance relationship cannot be transferred at the time of departure from the province, which may retain basic old-age insurance relations and meet the mandatory retirement age, and, in accordance with the relevant provisions of the State and the province, a lump sum of personal accounts storage.

Article 19 In recognition of the age of work or the length of work of the person concerned, the Social Insurance Agency shall review the relevant information on its own personnel file.

In the event of the movement of the province to my province and the retirement process, as prescribed by the provisions for the determination of my province as a custodian of the treatment, the Social Insurance Agency is responsible for the approval of its personnel archives and for the period of the same payment. The number of persons who have been in the process of retirement and who have received basic pensions in the month is subject to the approval of the pay-for-year limit has changed their basic pension standards, which have been issued as new standards effective 1 January 2014.

Those who flow between different municipalities within the scope of this province may be calculated in accordance with the provisions of the Regulations and the present Rules, and shall be subject to the same payment period.

Article 20

Practitions other than the former provide for early retirements under the relevant provisions of the State are authorized by the provincial social insurance administration.

Article 21 Female workers are defined as retirement age according to the following pattern: the retirement age of 50 years for pre-retirement employment, and the retirement age for female workers who are in management or technical positions prior to retirement. The female worker who was in the business management or technical service prior to retirement, who, upon request, had been approved by the unit for a period of 50 years, could be treated with basic old-age insurance by social insurance agencies. It was acknowledged that the employment contract of a female worker was subject to the labour contract concluded with the unit prior to his retirement.

Female workers in the business unit are defined as retirement age according to the following methodology: the business unit file is documented as female workers in the status of the worker, the retirement age is 50 years before the retirement age, and the pre-retirement employment is in the management or professional technical service, which is up to 50 years of age and is approved by the unit for retirement. The business unit file is documented as a female worker in his or her capacity, who has been employed in managerial or professional technical posts, whose retirement age is 55 years, and who have been employed in pre-service employment after the age of 50 years, with the approval of the unit for the retirement process.

Flexible employed persons, who had reached 60 years of age and had reached 55 years of age, could be treated with basic old-age insurance approved by the Social Insurance Agency.

Article 2 allows practitioners to retire more than the statutory retirement age when they reach the mandatory retirement age, and the basic old-age premiums paid by units and individuals for the payment of basic old-age insurance benefits.

Article 23, after participating in the basic old-age insurance provided for in the Regulations, has been sentenced to imprisonment, to correctional or disposed of, and to the extent that the basic old-age premiums are not paid during the period of probationary service, to the duration of the sentence or without re-employment, to be retained and paid in the personal accounts; the actual contributory period prior to the punishment, the date of the disposition and the recognition of the pay.

Until otherwise provided by the State, the number of persons listed in the Regulations shall not be subject to the age of work or work that has been cancelled by the State in accordance with the provisions of the Regulations.

The retirement age of the statutory retirement age was reached in the course of the work of the practitioners or their sentences, and after the expiry of the period, retirement proceedings could be processed, but not reproducing basic old-age insurance treatment during the actual retirement process.

Article 24, after the release or removal of labour, basic old-age insurance treatment is paid on the basis of a standard of imprisonment or pre-employment.

Article 25 Civil servants and employees of the business units that are governed by civil service law shall participate in basic old-age insurance in accordance with the provisions of the Regulations when they are mobilized, resigned to the units participating in the basic pension insurance. No basic old-age insurance personal accounts have been established from the date on which personal accounts have been encumbered, and the previous work period is subject to a one-time allowance based on the criteria established by the State, and the funds required are transferred from their former offices to the basic old-age insurance accounts of the individual, through local social insurance agencies. Previously, the basic old-age insurance should be deducted from the grant established by their personal accounts until 31 October 2000.

Article 26, Business, Enterpriseization Unit, practitioners of social groups, flexibilities of employed persons, honorarys such as the National Model of Work which provides for an additional pension by 28 February 1995 and retained the Honours at the time of retirement, with the addition of basic pensions to be executed in accordance with the State's provisions, from the basic old-age insurance fund, which was paid after 1 March 1995; and the award of various Honours by 1 March 1995 to the basic pension.

Article 27, when applying for the enjoyment of basic old-age insurance treatment, should provide the social insurance agencies with information on their effective identification documents, basic pension insurance participation and provide valid retirement clearance documents, personnel archives and place of origin, certificates of non-receipation of basic pensions received by former insured social insurance agencies.

For those who do not meet the basic pension entitlements, the social insurance agencies may not pay pensions from the basic old-age insurance fund. For persons eligible for basic old-age insurance treatment, the social insurance agencies should pay pensions in the basic old-age insurance fund in a timely manner.

Article 28 provides material such as proof of labour relations, payment of wages, etc. when a person's unit and its practitioners supplement their basic pension contributions. The amount of contributions was determined in accordance with the actual salary for the period of the unpaid contributions, but no less than the same amount of contributions was paid for the same period, and no higher than the ceiling for the same period.

Flexible employment may not be repaid.

Article 29 provides for the payment of basic old-age premiums or basic old-age insurance treatment for retirees, which shall be implemented by 1 January of the year-long average salary for the full-time workers published by the provincial statistical offices.

Article 33, when the basic pension is paid, is calculated according to the following formula:

(i) The calculation formula for an integrated pension:

Integrated Pensions = (a monthly average salary for full-time workers per year of retirement - an average monthly wage of contributions per year) x 2 x 1 per cent (as per cent of the pay-for-year period)

The calculated formula for calculating the average monthly pay of the index is:

The average monthly wage of the individual index: the average monthly salary scale for the full province of the previous year for the retired employee

(ii) The calculation formula for the pension of the individual accounts:

Individual accounts pension: number of months corresponding to the retirement age of the individual accounts receivable

In the event, the number of months relative to the retirement age for himself is as follows:

Rate of retirement

403 51 190 61

41 230 52 185 62

42 226 180 67

43 223 54

44/22 55 170 65

45 216 56 164 66 93

Paragraphs Page

47 208 58 152 68

484 59 145 69

49199 60 139 70

Contents

(iii) The calculation formula for the transitional pension is:

Transitional pension: average monthly salary slots for full-status workers in the previous year (as at the time of the contributory period) x 1.4 per cent of the previous year's actual pay rate)

(iv) The average salary index for himself in the integrated pension and transitional pension is the average of the annual pay rate index for the insured person. The insured person's own annual wage index is the annual average salary of the employee in his/her full-time province for the year. The annual index of the same-payment period is 1.0, depending on the number of collateral occupants.

The formula for calculating the average payment rate for himself is as follows:

INT=(X1/C1+X2/C2+X3/C3+.+Xn/Cn) xN

In the form, the average wage index for himself;

X1, X2, X3., Xn as insured persons retired for the first year, 2 years and 3 years...n.

C1, C2, C3., Cn for the first year of retirement of the insured person, 2 years, 3 years ..., the average annual salary of the full-time employee in the previous year;

N Represents accrued annual rate of contributions (concluding the same-payment period) for the insured person, which is calculated by the “year” unit and is accurate to two after the smaller point;

The insured person's retirement rate was not calculated for the year, but the monthly contributions were taken into account.

The early retirement will no longer be carried out by reducing 2 per cent of the pension per year.

Article 31 retired practitioners after 1 January 2008, with a six-year transition from their pension payments. During the transition period, the difference should be partially filled by the difference between the pension that was calculated under the Regulations as less than the pension provided by 31 December 2007. The basic pension, calculated in accordance with the Regulations, was higher than the pension provided by 31 December 2007, with an increase of 20 per cent in 2008; 35 per cent of the increase in retirement in 2009; 50 per cent of the increase in retirement in 2010; 65 per cent of the increase in retirement in 2011; 80 per cent of the increase in retirement in 2012; 90 per cent of the increase in retirement in 2013.

In the interim period, the calculation of pensions in accordance with pre-implementation provisions of the Regulations should be based on the average social wage in the cities, districts and autonomous districts of 2007.

Article 32, effective 1 January 2008, provides for the treatment of old-age insurance in accordance with the scheme set out in the Regulations when practitioners in the business sector in Central Africa and practitioners of social groups, agencies. The basic pension generated by the scheme set out in the Regulations is paid from the Basic Insurance Fund.

Under the scheme set out in the Regulations, the difference is partly due to the fact that the basic pension is less than the same pension or basic pension treatment criteria established by the State; the difference is partly due to the burden of the same-class retirees or basic pension entitlements, which are part of the financial budget management and which are fully funded by the State and the other personnel provided by the State and the province, which are partially financed by the same financial burden, and the difference between other personnel is due in part to the burden of the user, with the financial support provided by the nutrients for the benefit of the same unit. The basic pension paid in accordance with the Regulations is higher than the country-manage pension or the basic pension treatment standard, as set out in the Regulations.

As a result of 1 January 2008, retired non-commercial management units and practitioners of social groups, practitioners of the agencies, working persons, whose pension is adjusted by a business approach, less than the State's criteria for the adjustment of the treatment of retirees in the same category, partially to be implemented in accordance with the preceding paragraph; and higher than national provisions for the treatment of retirees.

Until 31 December 2007, the business units and social group practitioners, practitioners of the agencies and agencies that have been managed by the non-commercialization of the basic pension approved by the Social Insurance Agency, have remained unchanged in the approved basic old-age insurance treatment, the adjustment method is unchanged and the funds required and the distribution channels are unchanged.

The State also provides for the provision.

Article 33 reproduces a business after the basic old-age insurance, who had already been retired before the retroactive system, and the basic pension previously approved. Of those who had been retired by 31 December 2007, the basic pension adjustment after retroactive was unchanged and the required funds and the distribution channels were unchanged. Other retired persons have been redirected to implement the basic pension adjustment scheme of the enterprise, which is less than the pension adjustment criteria for the same categories of personnel in the State-mandated units, partly to be implemented in accordance with article 32, paragraph 2, above the State's provision for the treatment of the same categories of retirees, in accordance with national provisions.

The business unit participates in the conversion of the basic old-age insurance to the enterprise, and the retiring of the after-service retired person, which is based on the enterprise approach and adjusts the basic pension.

The State and the province also provide for its provisions.

The third XIV non-commercial management unit did not pay the basic old-age premium in full on time, resulting in the fact that the basic old-age insurance treatment of retired persons had not been fully granted by 31 December 1993 and was reapproved by the social insurance agencies to approve their basic pensions in accordance with their archives and re-approved basic pensions after the approval of an additional basic pension.

Article 33 15 Parents with sole-born children, who have no children have been given five and ten per cent of their basic pension, respectively, as family planning incentives. After an increase in the number of basic pension base payments to the population, family planning incentives have also increased. The increased family planning incentives are vested with the same level of finance and are granted by social insurance agencies.

Article 36 Adjustments to the increase in the basic pension are paid from the two accounts, respectively, in the proportion of their basic pension at the time of retirement.

In implementing the country's harmonized basic pension adjustment approach, the channel of funds is derived from its provisions.

Article 37 Persons who do not have a basic pension approved by the Social Insurance Agency shall also pay a lump-sum family pension in accordance with the following criteria:

The last 12 months prior to the death were the average pay for 20 months x the accumulated monthly/180. The amount was paid at the highest rate not to exceed the death of the uniformed personnel published in the provincial statistical offices, at the same time as the average wage rate for the occupants was x 20 months, which was not less than the annual average salary standard of 60 per cent x 4 months for the occupants. The average pay for the last 12 months prior to the death of the person for the last 12 months was for the last 12 months in addition to 12 months; the accumulated contribution was less than 12 months, with the total salary calculated at the accumulated monthly rate.

The non-commercial management unit practitioners participate in the death of the illness or non-exclusive worker after the basic old-age insurance and a lump-sum family pension is less than the standard for the provision of the office, the unit of the cause and the same-person pension, which is partially filled in accordance with article 32, paragraph 2.

The State also provides for the provision.

Article 338, when the insured person who had approved the basic pension was killed by the Social Insurance Agency, a one-time standard for the payment of the family pension was the basic pension of the insured person for 20 months.

Article 39 funds required to pay a lump-sum family pension are covered by the Basic Insurance Fund. After the death of the insured person, the social insurance agency pays the pension to the relatives of the breadwinner for payment of the pension without paying to their successors.

Article 40, in accordance with the provisions of the law and administrative regulations, shall be subject to the burial, pension responsibility of the State or unit and shall not pay funeral and pension payments from the basic pension insurance fund.

Article 40. The Social Insurance Agency shall verify the eligibility of retirees who receive the basic pension, with a specific approach drawn from the provincial Social Insurance Administration.

Article 42 does not borrow the insolvency, withdrawal, dissolution, modification, transfer, consolidation, separation, part-time and transfer of essential old-age premiums and interest, lagging and fines.

The basic old-age premiums and interest, lags, fines, which were not liquidated by the former owner's units, should be liquidated. The State also provides for the provision.

Article 43 XIII pays the total wage of the basic old-age premiums paid by the user unit and its practitioners, pays all labour payments to the practitioners and implements specific statistical calibre in accordance with the State's provisions on the total wage.

Article 44 states that the basic old-age premiums paid by the unit and individuals are not taxed, charged; the personal accounts of the basic old-age insurance are not charged with the tax of interest; and that the basic old-age insurance treatment received by the individual does not cover personal income tax.

Article 42 transfers of basic old-age insurance relationships across provinces continue to be implemented in accordance with the relevant provisions of the State and the province.

When practitioners, non-commercial management business units and practitioners of social groups migrate basic old-age insurance relationships across provinces, the individual account storage is only transferred and the Integrated Fund is not transferred. The State also provides for the provision.

The question of the specific application of the implementing rules is explained by the Provincial Social Insurance Administration.

Article 47