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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399516.shtml

Towns in Hainan Province in China implementing rules for the regulations of basic endowment insurance

    (January 22, 2014 six session of the Standing Committee of the Hainan Provincial people's Government for the 16th amendment through the revised implementing rules of the basic old-age insurance for urban practitioners in Hainan Province February 19, 2014, Hainan Provincial people's Government announced order No. 250, come into force on April 1, 2014), first in China, Hainan Province, according to the urban basic old-age insurance Ordinance (hereinafter referred to as the regulations), these rules are formulated. Article in the town within the administrative area of the province staff employed employer, regardless of their residence and the nature and location of personnel files should be participating in the basic old-age insurance in accordance with the regulations.

Availability outside the province of local insured by the social insurance agency issued proof or their agencies and institutions according to regulations issued by the insurance without effectively excluding evidence.

Non-agricultural household registration in the administrative area of the province that is not on the employers participating in the basic old-age insurance to part-time employees and other flexible employment personnel, participating in the basic old-age insurance in accordance with the regulations.

    Where no employee in the administrative area of the province of individual businesses and employees participating in the basic old-age insurance in the province, regardless of the province, other provinces and agriculture, non-agricultural household registration, in accordance with the provisions of the Ordinance to the flexible employment personnel capacity to participate in the basic old-age insurance.

Third section established within the administrative region of this province's foreign organizations representative offices in Hong Kong, Macao and Taiwan areas organizations representative offices and the hiring of Chinese workers should be participating in the basic old-age insurance in accordance with the regulations.

Employed in the town within the administrative area employers in the province of Taiwan residents and Chinese citizens in the Hong Kong and Macao residents shall, in accordance with the provisions of the Ordinance to participate in the basic old-age insurance. Town in the administrative region of this province employer legally hire the foreigners should be participating in the basic old-age insurance in accordance with the regulations.

    But has signed with the China social security bilateral or multilateral agreements state the nationality of the personnel in the province the town employment of the employer, in accordance with the provisions of the agreement.

    Fourth list of employer insurance practitioners in this unit should be public, declared to the social insurance institution of the unit base amount and the individuals contribution base should be separately signed by the legal representatives and employees confirmed. Fifth employer and the amount of the monthly payment and payment of wages of employees, by the social insurance agency in accordance with the provisions of the Ordinance for approval. Monthly payment of wages of employees of the employer established in accordance with your actual payroll.

Total monthly wages of over 300% part of the monthly average wage of fully employed staff in the province last year, do not include employer and employee contribution base. Employers and their workers are participating in the basic old-age insurance total real wages lower than last year's monthly average wage of fully employed staff in the province of 60%, approved by the social insurance agency, after the social security administration departments at the same level, in real wage bill collection, and a gradual transition to last year's average monthly wage of fully employed staff in the province of 60%.

    Specific transitional measures shall be formulated by the province, the social security administration, jointly with relevant departments.

    Sixth social insurance agency shall have the right to verify the employer's employee roster, payroll tables, accounting books and other information required for basic old-age insurance, investigation and inspection charge units and individuals of the insurance payment, the payer entities and individuals according to law to punish violations.

Article the basic old-age insurance, registration and payment according to the following regulations: (A) standing Haikou area of Central, and province directly under the organ, and institutions, in provincial above home, sector registration of private non-enterprises, and social groups, and Foundation, and lawyer firm, and accountants firm, organization, in provincial above business administration sector registration registered of enterprise and province about competent sector approved established of other units, enrollment with no cadets practitioners of army belongs units, standing this province other area, and by province social security administrative sector approved of provincial employing units,

Original basic old-age insurance and provision by the State to local management units at the provincial social insurance agency for basic old-age insurance registration, authorized payment amount, is imposed by the social insurance agency pay the basic old-age insurance premium in Haikou city.

(B) employers in the Yangpu economic development zone in the Yangpu economic development zone, the social insurance agency for basic old-age insurance registration, authorized payment amount, in the Yangpu economic development zone is imposed by the social insurance agency pay the basic old-age insurance premiums.

(C) any other employer in the host cities, counties, autonomous counties social insurance agency for basic old-age insurance registration, authorized payment amount, is imposed by local social insurance agency paid the basic old-age insurance.

    (D) participating in the basic old-age insurance of flexible employment in the employment of the city or County, autonomous county social insurance agency for basic old-age insurance registration, authorized payment amount, is imposed by local social insurance agency paid the basic old-age insurance. Article eighth participation of insured persons in the province to repeat the basic old-age insurance, by the social insurance agency and consultation remain one of the basic old-age insurance and personal accounts, other basic old-age insurance relationship shall be clean, refund of deposit amount of personal accounts. Received from the individual accounts stored in the offset offset balance of the personal account store returned after himself.

    Individual accounts stored enough credits, ordered to return the money within.

    Nineth enterprise, Enterprise-style management of the institutions and the social organizations and their employees, institutions, non-enterprise-style management of the institutions and social organizations in China and its basic old-age insurance premium paid by unified account, and revenue management.

    Article tenth of the regulations referred to in section 16th "over the average social pension", shut down in bankruptcy, dissolution, revoked or otherwise terminated the previous year where cities and counties (including Yangpu, the same below) average basic pension for enterprise retirees as the base, determined in accordance with 5% growth.

    11th January 1, 1992 to December 31, 1997, the practitioners I actually paid the basic old-age insurance premiums over the same period and in accordance with the requirements of urban and rural residents ' savings deposit interest rates, once credited to my individual account in basic pension insurance. 12th original implementation of endowment insurance overall employer, personal accounts of employees established by the in the original implementation of basic old-age insurance industry co-ordination as established by the personal accounts.

Prior to January 1, 1998, participate in the pension industry and manpower but not of establishing personal accounts, established since January 1, 1998.

    Original implementation of old-age insurance industry and manpower before the employer into local management units in China and individuals pay the basic old-age insurance premium rates in China totals less than salary the months 11%, total actual payment ratio for its practitioners to establish individual accounts.

The 13th original fixed and planned long-term temporary workers, Enterprise-style management of the institutions and social organizations of the staff, the original fixed and planned long-term temporary workers, after participating in the basic old-age insurance, prior to December 31, 1991, in accordance with the national provisions of seniority or length, depending on the period of contributions.

Offices, non-enterprise-style management of the institutions and social groups of staff, service personnel of the former regular and planned in long-term temporary workers and farm units within in the regular and planned long-term temporary workers after participating in the basic old-age insurance, prior to December 31, 1993 in accordance with the national provisions of seniority or length, depending on the period of contributions. Enterprise, Enterprise-style management of the institutions and social organizations, government offices, non-enterprise-style management of the institutions and social groups use recruitment targets assigned by the labour Administrative Department of recruiting former contract workers, recruiting uninterrupted previously calculated in accordance with regulations of the State or to work longer, depending on the period of contributions.

But from January 1, 1984 to old-age insurance system is not social endowment insurance actually paid during working years, not treated as a period of contributions.

Planned other than long-term temporary workers temporary workers (including contract workers, seasonal workers, rotating workers, migrant workers and their families, and so on) from January 1, 1989 during the establishment of old-age insurance system, not seniority or length of social endowment insurance actually paid, not treated as a period of contributions.

Original implementation of basic old-age insurance industry and manpower of the employer's employees, according to local management or transfer prescribed by the State, country or Industry Department before their basic old-age insurance for uninterrupted service or length, depending on the period of contributions.

Do a special type of translation to work longer, not treated as a period of contributions.

    Army and demobilized military personnel participating in the basic old-age insurance, their time in military service in accordance with the relevant provisions of the State.

14th article of the Ordinance and these rules, says the original regular, planned within a long-term temporary employees and other temporary workers, contract workers, refers to the practitioners in the implementation of all employees signing labor contracts used to determine employment status.

    Long-term temporary workers is at the time in the planned national wage plan targets recruit temporary workers all year round.

15th the employer shall be paid in full and on time and to withhold payment of the Ordinance and these rules of basic old-age insurance without the approval of the social security administration, or delay in payment of tax shall not be; violations of the relevant provisions of the basic old-age insurance is not paid, collected by the social insurance institution in accordance with the State and the relevant provisions of the Ordinance shall be recovered. Attributable to the employer in violation of the basic old-age insurance payment requirement, leading practitioners upon reaching the statutory retirement age cannot enjoy should enjoy the basic old-age insurance benefits, employees can request one-time bear the financial responsibility of the employer, a one-time compensation until the age of 75. The employer refuses to take responsibility, employees may apply for arbitration of labor disputes.

    Refuses to accept the award, you can bring a civil action.

16th in China Mobile employment, the employer shall promptly report to the social insurance agency personnel and decreases social insurance agencies shall promptly check, adjust the insurance contribution records of the persons concerned.

Practitioner mobility across provinces employment, the social insurance agency shall, in accordance with relevant State provisions for transferring basic old-age insurance and transferring basic old-age insurance funds.

    Practitioners when mobile employment in different cities and counties in the province, shall be stipulated by the State means transferring basic old-age insurance and personal account archives, without transferring basic old-age insurance funds.

    17th mobile employment of the insured persons in the province, handled by the final insured treatment receive procedures, basic old-age insurance benefits; this province officials, its basic old-age insurance in the non-domicile, the insured voluntarily apply for or transferred to the domicile for treatment received clearance, basic old-age insurance benefits.

    18th practitioners participating in the basic old-age insurance in the province, leaving the province, basic old-age insurance relationships cannot be transferred, you can keep the basic old-age insurance, reached the mandatory retirement age, in accordance with the relevant provisions of national and provincial one-time repaying deposit amount of personal accounts.

19th social insurance agency confirmed the person concerned to the original length of work or whether the same pay period, shall examine my personnel file information. Flowing from other provinces into the province identifies employment requirements in the province as the treatment received when insured person retired, social insurance agencies responsible for its personnel files and treated as a period of contributions were approved.

Have the retirement formalities and receiving a monthly pension after payment age limit on authorized officers, its basic retirement benefits for changes, effective January 1, 2014 according to new criteria.

    Flow between the different cities and counties within the province of the insured person in accordance with the regulations and the provisions of these rules can be calculated, "depending on the period of contributions" should be treated as a period of contributions.

The 20th article in Haikou, Sanya, sansha and Yangpu economic development zone in a particular work, because of illness or non-work-disabled in China completely lost the ability to work, in accordance with the relevant provisions of the State when you retire, approved by the city development zone, or the social security administration; other cities, counties, autonomous counties, and by the provincial social insurance administration departments for approval.

    Other than those provided for in the preceding paragraph in China according to relevant provisions of early retirement, by the provincial social insurance administration departments for approval. Article 21st female workers retirement age shall be determined as follows: post prior to retirement, retirement age is 50 years of age, retired prior to the management or technical positions in women's retirement age is 55 years of age. Women employees in management or technical positions before his retirement, upon his own request, a unit, and 50 years of age, can go to the social insurance agency shall go through the formalities of enjoying basic old-age insurance benefits.

Confirm Enterprise female staff positions before his retirement last and sign a labour contract shall prevail. Female employees in public institutions in the following way to determine retirement age: institutions archives workers recorded the identity of female workers, employed in service jobs before retirement, the retirement age is 50 years; prior to retirement was employed in management or professional jobs, after 50 years of age, upon his own request, a unit, can deal with retirement formalities.

Institution records to cadre status of female workers, engaged in management or professional jobs work prior to retirement, the retirement age is 55 years of age; prior to retirement was employed in service jobs, after 50 years of age, upon his own request, a unit, can deal with retirement formalities.

    Flexible employment, men over the age of 60, women over the age of 55, you can go to basic old-age insurance benefits approved by the social insurance agency.

    22nd retired employees article already exceeds the statutory retirement age, which reaches the statutory retirement age, basic old-age insurance premium paid by units and individuals and the payment period for the calculation of basic old-age insurance benefits.

23rd after participating in the basic old-age pension under the regulations, being sentenced to prison, reeducation-through-labor or expelled persons, during the reeducation-through-labor, prison or not-employment does not pay the basic old-age insurance premiums, not counting the period of contributions, personal accounts be preserved and interest; before disposition by penalties, the actual period of contributions be recognized and treated as a period of contributions.

Before the State as otherwise provided above personnel as stipulated in the regulations before participating in the basic old-age insurance has been canceled according to national regulation of seniority or length shall not be treated as a period of contributions.

    Practitioners or re-education through labor sentence reached the mandatory retirement age until after the expiration of retirement formalities can, but not be replaced reaches the statutory retirement age to actual retirement procedures of basic old-age insurance benefits.

    24th already enjoying basic old-age insurance benefits for retirees serve their sentences, reeducation through labor during the basic pension, not participating in the basic old-age pension adjustments after being released from prison or released, the basic old-age insurance benefits paid prior to prison or reeducation-through-labor standards. 25th institution staff of civil servants and the Civil Service Act for transfers, resignations flow to the units participating in the basic old-age insurance, shall, in accordance with the provisions of the Ordinance to participate in the basic old-age insurance. Never established a basic old-age insurance personal accounts, from the date of the establishment of personal accounts of insured, the original period treated as a period of contributions, and according to the standards set by the State a one-time subsidy, by their original units through local social insurance office into my individual account in basic pension insurance, financed by similar financial arrangements.

    Already participating in the basic old-age insurance shall deduct his or her personal account established before October 31, 2000 years of subsidies.

    26th enterprise, Enterprise-style management of institutions, social organizations, practitioners, flexible employment, prior to February 28, 1995, national model worker honors, such as additional pension under the title and retained the honorary title upon retirement, raise basic pension payments under State regulations, paid from the basic old-age insurance fund; after March 1, 1995, was awarded the honorary title, do not increase the basic pension.

27th when applying for the basic old-age insurance benefits shall be made to the social insurance agency providing valid identity documents, the basic old-age insurance information, and provision of effective retirement if necessary approval files, personnel files, and household registration, insurance social insurance organization has not received basic pensions issued certificates. Persons on conditions of basic old-age insurance benefits do not qualify for social insurance agencies shall not be paid from the basic old-age insurance fund for old-age pension.

    Of staff eligible for enjoying basic old-age insurance benefits, social insurance agencies shall provide for timely pension payments from the basic old-age insurance fund. 28th when the employers and their employees to pay the basic old-age insurance, it shall provide proof of labor relations, payroll documents and other materials.

Pay base determined according to the unpaid wages during, but shall not be lower than the lower limit contribution base over the same period, shall not be higher than that of base pay limit.

    Flexible employment personnel shall not forward to pay.

    29th pay basic old-age insurance premium or basic old-age insurance benefits for calculating retirees should use released by the provincial Statistics Department on provincial annual average wage of fully employed staff standards from January 1 of the year.

Article 30th when calculating basic old-age pension, calculated according to the following formula:

(A) the pensions calculation formula:

Pensions = (retired last year the province's average monthly wage of fully employed staff + I average monthly salary indexation) ÷ 2x (depending on the period of contributions + actual payment years) X1%

I in an index of the average monthly salary is calculated as:

I indexed monthly retirement salary = monthly wage of fully employed staff across the province x for the last year I average contribution wage index

(B) the personal accounts pension calculation formula is:

Personal account = personal deposit amount ÷ my retirement age calculation that corresponds to the number of months

"My retirement age calculation that corresponds to the number of months" is:

Retirement age number calculating months, sent months retirement age retirement age calculation and number of months

40 233 51 190 61 132

41 230 52 185 62 125

42 226 53 180 63 117

43 223 54 175 64 109

44 220 55 170 65 101

45 216 56 164 66 93

46 212 57 158 67 84

47 208 58 152 68 75

48 204 59 145 69 65

49 199 60 139 70 56

50 of 195

(C) transitional pension is calculated as:

Transitional pension = pension last year the province's average monthly wage of fully employed staff x I x average contribution wage index (as a payment years + personal account before the actual period of contributions) x1.4% (D) pensions and I average contribution wage index in the transitional pension pay for insured himself over the average of the wage index. Insured my contribution wage index for that year I pay on the total wages divided by the annual average wage of fully employed staff in the province.

There is treated as a period of contributions of insured persons, depending on the index with the period of contributions each year are treated with 1.0.

I average contribution wage index calculation formula is:

ā=(X1/C1+X2/C2+X3/C3+......+Xn/Cn)÷N

You can pay for my average wage index;

X1, X2, X3, ... ..., Xn for insured retirement before 1 year, 2 years, 3 years ... ... n year I pay wages;

C1, C2, C3, ... ..., Cn for insured retirement ex-1 year, 2 years, 3 years ... ... on the n-year annual average wage of fully employed staff in the province;

N is the insured person accumulated period of contributions (including deemed payment years) to "years" for the unit, accurate to two decimal places;

Insured retirement when no index is calculated, but the payment number of months included in the period of contributions.

    Early retirement no longer perform each one year ahead of the 2% provisions of the pension reduction. After 31st January 1, 2008, retired employees, their pension calculation and introduction of six-year transition. During the transition period, the pension calculated in accordance with the provisions of the Ordinance below before December 31, 2007 the provisions of pensions, the difference shall be completed.

As stipulated in the Ordinance before the calculation of the basic old-age pension is higher than on December 31, 2007 calculated pensions, retired in 2008 to increase 20%; 35% an increase in retirement in 2009 to 2010 retirement to increase 50%; retired in 2011 to increase 65%; 80% an increase in retirement in 2012 to; retired in 2013 to increase 90%.

    During the transition period, in accordance with the provisions of Ordinance be amended prior to the implementation of calculating old-age pension, you should use the 2007 average of cities, counties, autonomous counties. The 32nd since January 1, 2008, employees of non-enterprise management institutions and social organizations in China, organ service personnel to be retired, in accordance with the provisions of the Ordinance the way and enjoy old-age insurance benefits.

As stipulated in the regulation approach to calculation of basic pensions, paid from the basic old-age insurance funds. By Ordinance provides of approach meter sent basic pension below national provides of similar retired personnel pension or basic pension treatment standard of, its difference part by following approach be complement: belongs to financial budget management prepared and wage by financial full arrangements of personnel and the national and this province provides of other personnel, its difference part by sibling financial burden, sibling social insurance handling institutions by months generation sent; other personnel difference part by employing units burden, sibling financial by employing units financial dependent way be grants, Employer monthly payments.

According to the regulations set forth in the basic old-age pension higher than the state-mandated similar retiree pension or basic pension benefits standards, according to the provisions of the Ordinance.

After January 1, 2008 retired non-enterprise-style management of institutions and social organizations in China, labor personnel, adjust their pensions by an enterprise approach, similar treatment of retirees below the national standard, the difference topping up in conformity with the provisions of the preceding paragraph above similar retiree benefits set by the State, according to the national regulations.

Basic pension before December 31, 2007 have been approved by the social insurance agency's non-managed institutions and social organizations in China, labor personnel, basic old-age insurance benefits approved by the original unchanged adjustment unchanged and funding and distribution channels required does not change.

    Otherwise provided for by the State, from its provisions. Article 33rd after participating in the basic old-age insurance system transformation of public institutions for the enterprise, transformed the former retired staff, basic old-age pension of the original approved unchanged. Before December 31, 2007, retired personnel, pension adjustment virtually unchanged after the transformation, the required funding and distribution channels the same.

Other officers who have retired after the change of enterprise pension adjustments, institutions similar to benefits adjustments below national standards, its difference adjustment required for pension funds complement the approach in accordance with the regulations of the 32nd article above similar retiree benefits set by the State, according to the national regulations.

After participating in the basic old-age insurance system transformation of public institutions for the enterprise, after the change of retired personnel, according to the basic pension for enterprise approach to calculation and adjustment.

    State and the province otherwise provides, from its provisions.

    Article 34th non-managed institution fails to pay the basic old-age insurance, leading to retirement formalities before December 31, 1993, the basic old-age insurance benefits are not paid, wages of the social insurance agency, the archives again their basic pension, after re-increase basic old-age pension, paid from January 1, 2012. 35th one-child parents, childless persons respectively issuing monthly basic pension for my 5%, 10% as a bonus family planning. Base for the basic pension payable after the bonus increases to family planning.

    Added bonus of family planning by the financial commitment, the social insurance institution. 36th basic old-age pension adjustments in accordance with the national and provincial regulations.

Adjustments to increase basic old-age pension, retirement my pension in personal accounts and the proportion of the pool account respectively from the two accounts in Liechtenstein.

    When performing a national unified basic old-age pension adjustments, capital expenditures from its provisions.

37th without social insurance agencies approved the basic pension of the insured person after July 1, 2011 due to illness or non-fatal, in addition to the Ordinance provides for the payment of the funeral benefit fund, should also be in accordance with the following standards, pay a one-time provision for immediate family pension: Death before my final average salary x x20 months 12 months total payment months/180. Amount not exceeding deaths released by the provincial Statistics Department insurance last year when the province's average wage of fully employed staff x20 months, at not less than the provincial Statistics Department announced when the insured person dies on standard x60%X4 month for annual average wage of fully employed staff across the province.

Death before my final average salary for the last 12 months 12 months total wages divided by 12 months of payment total payment of less than 12 months, calculated according to the total wages divided by the total number of paid month of cumulative contributions.

Non-managed institutions in China after participating in the basic old-age insurance because of illness or non-fatal, a one-time provision for immediate pensions lower than prescribed in this province, authorities, institutions like staff pensions standard, the 32nd article provides that the difference to be filled.

    Otherwise provided for by the State, from its provisions.

    Article 38th social insurance agencies approved the basic old-age pension when the insured person dies, a one-time provision for immediate family members pension standards for persons insured himself 20 months of basic old-age pension for the month of death. 39th payments provide for immediate pension funds at one time by the basic old-age insurance fund.

    After the death of insured person, by the social insurance agency pay pension to the dependent direct relatives, no dependent direct relatives, paid to its successor.

    40th in accordance with provisions of laws and administrative regulations should be addressed by national funeral, consolation or assume part of the responsibility, no longer from the basic old-age insurance fund paid funeral expenses and pensions.

    41st social insurance agency shall receive basic pensions for retirees are eligible for verification, and the specific measures formulated by the province, the Social Security Administration Department.

42nd the employing unit shall take the bankruptcy or revocation, dissolution, change, transformation, merger, Division, merger, transfer, escape, waste of outstanding basic old-age insurance premiums and interest, late fees and fines. The original employer of outstanding basic old-age insurance premiums and interest, late fees, penalties, the successor employer of the debtor-creditor relationship should be repaid.

    Otherwise provided for by the State, from its provisions.

    43rd employer and their employees pay the basic old-age insurance premium wages, for all of the remuneration paid to the employees; specific statistical basis salaries constitute provisions of the State.

    44th in accordance with State regulations, basic old-age insurance premium paid by units and individuals, excluding taxes and fees; the basic old-age insurance personal accounts do not levy tax on interest; individuals received basic old-age insurance benefits does not levy personal income tax.

Article 45th relationship cross-province transfer and renewal of basic old-age insurance in accordance with the national and provincial regulations. Service of such practitioners, non-commercialized management of institutions and practitioners of social groups across the province, flows of employment when it comes to transferring basic old-age insurance, deposit amount transferred personal accounts only, without transferring the funds.

    Otherwise provided for by the State, from its provisions.

    46th article of the specific problems in the application of the implementing regulations, by Social Security Administration Department is responsible for the interpretation of the province. 47th article of the implementing rules come into force on April 1, 2014.