Implementing Rules For The Regulations Of The Shenzhen Special Economic Zone On Social Endowment Insurance

Original Language Title: 《深圳经济特区社会养老保险条例》实施细则

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399339.shtml

Implementing rules for the regulations of the Shenzhen Special economic zone on social endowment insurance

    (November 7, 2013 at the Shenzhen Municipal Government the fifth 97 Executive meeting November 25, 2013, Shenzhen People's Government published since January 1, 2014, order No. 257) Chapter I General provisions

    Article in accordance with the regulations of Shenzhen Special economic zone on social endowment insurance (hereinafter referred to as the regulations) provides that these rules are formulated.

    Referred to in article II of the regulations for working time refers to the period of contributions (including deemed payment years) the start time. Thirdly, the insured shall not be in two or more integrated and at the same time participate in the basic old-age insurance for employees.

Has attended a residents outside the city of old-age insurance, upon his own application, may not participate in the basic old-age insurance for city employees. Upon reaching the statutory retirement age residence moved into the city's staff, not into the social endowment insurance in the city range.

Residents of old-age insurance otherwise provides, from its provisions.

    Outside the city, officers who have access to old-age insurance benefits, is not included in the present social old-age insurance.

Fourth insured in two or more integrated locations participating in social old-age insurance, return formalities according to relevant regulations of the State; select, duplicate payment, return, refund principal and interest of their personal contributions to himself, the rest into the urban basic old-age insurance funds.

Insured person to repeat the basic old-age insurance for employees in this city, which I choose to keep a pension, other contributions to be repaying, including personal contributions to the principal and interest on refund I, and the rest included in the basic old-age insurance fund.

    Supplementary old-age insurance premium paid by not repaying.

Fifth article in this city by months enjoy pension insurance treatment Shi has in city outside by months received pension insurance treatment of, stop enjoy this city pension insurance treatment; has in this city enjoy of pension insurance treatment, by city social insurance handling institutions (following referred to city social security institutions) recovered; city social security institutions recovered corresponding treatment Hou, return its in this city paid of pension premium, which personal payment part of principal and interest returned I, remaining designated into basic pension insurance and manpower Fund, has paid of place added pension premium not return.

    In this city enjoy pension insurance treatment Hou in city outside by months received pension insurance treatment of, city social security institutions stop issued its pension insurance treatment; I provides terminated enjoy city outside pension insurance treatment of related proved material Hou, can application recovery enjoy this city pension insurance treatment, city social security institutions verified Hou, since city outside social security institutions stop issued of times months recovery issued pension insurance treatment.

    Article sixth workers ' basic old-age insurance convergence with the residents of old-age insurance measures according to the relevant State provisions.

    Article seventh insured within the scope of application of the regulation unit and institution in this city (not including enterprise-style management of the institution) flow, flow month change according to their applicable provisions into the unit to participate in pension insurance.

    Eighth employer by the institution transformed into enterprises (including enterprise-style management of public institutions and private non-enterprise units, the same below) or by enterprises transformed into public institutions, since superseded by transformation transformation next month after the applicable requirements to participate in pension insurance, retirees before the conversion of old-age insurance benefits according to the relevant provisions of the municipal government. Nineth of municipal social security institutions should improve the online personal social security services platform to facilitate insured query individual rights to social security records.

    The insured and the municipal social security institutions agreed to fax, e-mail, cell phone text messages, record paper letters get in the form of personal interests, municipal social security institutions should be provided on a regular basis once a year; contact information not provided by the agreement or the agreement is not accurate, the insured can get directly to the city's social security institutions.

    Chapter II period of contributions Article the basic old-age insurance payment years include basic old-age insurance, the actual period of contributions and the basic old-age insurance depending on the period of contributions.

    Basic old-age insurance payment period overlaps with the actual period of contributions of basic old-age insurance, the overlap of basic old-age insurance depending on the period of contributions is not double counting.

    Effective period of contributions for the 11th basic old-age insurance companies and individual employees in the local implementation of old-age insurance personal contributions to pay basic old-age insurance system according to the provisions of the common life, including, basic old-age insurance, the actual period of contributions, in accordance with the national and Guangdong relevant provisions of pension insurance relationship transfer and renewal procedures, outside the city, transferred to the actual period of contributions of basic old-age insurance.

12th basic old-age insurance payment years to pay for local implementation of old-age insurance system in State-owned units and employed under collective ownership or County above, before the local implementation of old-age insurance payment system calculated according to the regulations of the State of uninterrupted service.

Local individual endowment insurance payment system, when implemented, not the fixed employees contributions to local social security old-age insurance, does not evaluate to a basic old-age insurance payment period treated as a period of contributions.

    Basic old-age insurance payment age limit, I fixed by the municipal social security institutions according to the original employees records, the relevant documents will be charged starting time and transferred out of the records of the social security institutions, to be confirmed.

    13th December 31, 1997, insured residence and has made the city at the city of old-age insurance, its original state or County above units under collective ownership as work life of employed, according to the provisions of this rule 12th cannot be calculated for the same period of contributions, either to pay pension premiums.

    14th special types of workers engaged in national requirements, special types of work during the period of contributions in calculating the old-age insurance benefits shall not be commuted.

    Chapter III contribution index

    15th article in accordance with the regulations of article 22nd when calculating pensions, payment years 1 years of age, each 1 month payment 1/12 annual payment years.

16th I index method of calculation of average monthly salary: basic endowment insurance of an insured person indices of average pay x insured retirement last year when the city's average monthly wage of fully employed staff.

Insured average index for the payment of basic old-age insurance: insured payment years monthly payment upon retirement index sum ÷ period of contributions the number of months.

Index of basic endowment insurance of the insured monthly payment: monthly insured salary ÷ payment last year when the city's average monthly wage of fully employed staff.

    Basic old-age insurance, insured, transferred to the present, the pay index recalculation pursuant to the present rules.

17th monthly payment index for the following circumstances:

(A) before July 31, 1992, has been participating in the basic old-age insurance, the insured, prior to July 31, 1992, the indices of urban basic old-age insurance payment years of monthly payment are calculated at 1.

(B) by the city and County (district)-level organization personnel, approved by the Labour Department into the city (hereinafter referred to as redeployment) of an insured person, and relocated to the city's Veterans and troops on board staff, their participation in the number of years worked before July 31, 1992 the basic old-age insurance payment monthly payment, the indices are calculated at 1.

(C) the non-calls into the transfer of basic old-age insurance and the insured persons in the city of into before July 31, 1992, duration of the basic old-age insurance payment monthly payment index 0.4 per cent.

(D) from August 1, 1992 to January 31, 2001 and transferred and as stipulated in the original pay all aid funds or personal account of the insured, from August 1, 1992 to call into the monthly payment, basic old-age insurance payment years before indices were calculated at 1 on August 1, 1992 to the redeployment of payment and payment index greater than 1 month before, according to the actual payment index.

(E) from July 1, 1996 to December 31, 2012 and have to pay overage endowment insurance of an insured person, in their years of age on August 1, 1992 after the period of contributions of each monthly payment index 1 per cent; fees paid and payment index greater than 1 month, calculated according to the actual payment index.

(Vi) from August 1, 1992 to June 30, 2012, placed before the city's Veterans and troops making up the staff, August 1, 1992, to the placement of basic old-age insurance payment years before each monthly payment index 1 per cent; fees paid and payment index greater than 1 month, calculated according to the actual payment index. (VII) by December 31, 2009, basic old-age insurance, insured, transferred to the present, August 1, 1992, no transfer fee records after years of basic old-age insurance, monthly payment index 0.4 per cent; transfer of salary record but calculated according to salary payment index below 0.4 years of basic old-age insurance, monthly payment index 0.4 per cent.

Transfer of basic old-age insurance after January 1, 2010 the city of insured, no transfer fee records before December 31, 1997 period of basic old-age insurance, monthly payment index 0.4 per cent. (Eight) fill paid basic pension premium of personnel, by its should payment during of wage fill paid basic pension premium of, fill paid year of months payment index for: months fill paid wage base ÷ should payment during Shang annual this city on-the-job workers monthly wage; non-by its should payment during of payroll and by fill paid Shi of payment base fill paid pension premium of, fill paid year of months payment index for: months fill paid wage base ÷ fill paid Shi Shang annual this city on-the-job workers monthly wage.

    Pay monthly contribution index of the year not exceeding 3.  

    18th article according to Guangdong Province and the calculation of old-age insurance benefits under insured, payment index according to the relevant provisions of the Guangdong Province.

    The fourth chapter basic old-age insurance benefits

    Article 19th before reaching the statutory retirement age does not pay the basic old-age insurance premium in this city the city officials, in accordance with the Central Government, the Guangdong provincial regulations determining treatment received in this city of the remuneration calculation according to the relevant regulations of Guangdong Province. Article 20th in accordance with article 29th of the regulations to adjust the basic old-age insurance benefits, persons retired in the first half, was first involved in the basic old-age insurance benefits from retirement adjustment persons retired in the second half, and retired the following year started to participate in the basic old-age insurance benefits adjustment.

    Adjustments in the amount of basic old-age insurance fund paid.

21st dependent relatives of scope in the light of the provisions on the scope of workers support relatives in fatal (People's Republic of China Ministry of labour and social security to 18th).
Survivors under the Ordinance refers to the insured or retired spouse, immediate family members as well as other laws and regulations.

    22nd participating in the basic old-age insurance, the actual period of contributions accumulated six months of insured or retired person to death, survivors eligible for funeral grant payment.

Funeral grant for his death when, last year, the average monthly wage of fully employed staff three times. Participating in the basic old-age insurance, the actual period of contributions accumulated six months of insured persons death or retirement, their dependent relatives eligible for dependent pension on the death.

Pension to its death, last year, when the base monthly wage of fully employed staff, dependent relatives for one, pay a base six times; dependent relatives of the two people, pay base nine times times dependent relatives for three or more persons, payment base 12 times.

    After the implementation of these rules, funeral grant, pensions of State standards and enjoy the conditions of new rules, from its provisions.   

    23rd in line with work-related injury insurance, unemployment insurance policy provides for the burial grant, pensions receive conditions or outside the city, have received payments from the social insurance fund funeral grant, pensions, basic old-age insurance fund funeral grant, pensions were not paid.

    The fifth chapter local supplementary old-age insurance benefits

    Article 24th local supplementary old-age insurance benefits including transitional support and local subsidies, paid by the supplementary old-age insurance fund.

25th made before reaching the statutory retirement age of the city residence, and supplementary old-age insurance payment years retirees enjoy local benefits.

    Local subsidies = local supplementary old-age insurance payment period x average insured the basic old-age insurance payment index x18.5+20 (Yuan).

26th before reaching the statutory retirement age has the city residence, and July 1992 the local supplementary old-age insurance payment years before retirees enjoy transitional benefits with the following conditions:

(A) before July 31, 1994 in the signs were recorded as regular employees and contract workers;

(B) before July 31, 1994 in the city of waizhao was recorded as regular employees and contract workers, through city and County (district) level personnel, Labour Department approves redeployment in the city.

    Transitional subsidies = July 31, 1992 where the supplementary old-age insurance payment period x average insured the basic old-age insurance payment index X11+60 (Yuan). 27th regional supplementary pension insurance period of supplementary old-age insurance actual period of contributions and supplementary pensions were almost identical and of the period of contributions.

Duration of supplementary old-age insurance payment calculated on a year basis, less than a year, according to 1/12.

Effective period of contributions for the supplementary pension insurance the insured paid after February 1, 2001 the city local supplementary pension insurance period.

Supplementary pensions depending on the period of contributions calculated in accordance with the following provisions: (A) before January 31, 2001 the city residence in this city has been participating in the basic old-age insurance and the insured, their residence in this city between the dates of January 31, 2001, basic old-age insurance, the period of contributions.

But does not include a redeployment, placement of the Masonic pay basic old-age insurance fund or the age limit for individual accounts;

(B) into the city and have paid endowment insurance premium the insured over age years of age;

(C) the redeployment of the insured prior to July 31, 1992, the basic old-age insurance payment period.  

    Above age overlaps do not double counting.

    The sixth chapter endowment insurance management 28th the insured person meets the conditions for receiving a monthly pension, may apply to the city's social security agency.

Prior to the application should verify that their old-age insurance payment, payment disputes, should be submitted to the municipal social security institutions in a timely manner. Municipal social security institutions within 30 working days of the acceptance of the application in accordance with the accepted month requirements and standards approved by old-age insurance benefits.

Exceptional circumstances cannot be approved as scheduled and approved by the head of the city's social security agency, approved extension, but extension of a maximum of 30 working days.

    Municipal social security institutions from accepting month calculation of old-age insurance benefits, registration previous is not paid.

    29th 30th in line with the regulations provided for in article continues to pay personnel, shall, before reaching the statutory retirement age 30th by the employer to the municipal social security institutions or at the Declaration formalities; no application, municipal social security institutions from their legal retirement age of stop payment next month, stop payment applications will continue to pay, from the month of application fee.

    Article 30th in this city before reaching the statutory retirement age in the city participating in the basic old-age insurance officials, in the city of basic old-age insurance completed 10 years of actual payment non-officials in the city continue to pay, according to the tenth and 11th standard implementation of regulations; others continue to pay staff according to the relevant provisions of Guangdong province to continue paying staff fee standards. 31st article parameter assured in handle basic pension, and sick allowance received procedures Shi, should by city social security institutions provides of fingerprint collection way provides its I of fingerprint, and in yihou annual of corresponding month within city social security institutions provides 1 times fingerprint; not provides of, city social security institutions since times months up suspended paid basic pension insurance treatment, and place added pension insurance treatment; added provides fingerprint Hou, city social security institutions since provides times months up continues to paid, and fill pay suspended during of basic pension insurance treatment principal, and

Principal of the supplementary old-age insurance benefits.

Municipal social security institutions shall keep retirees, invalidity allowance fingerprint data of the officers shall not be used for other purposes.

    Retirement, invalidity allowance personnel unable to provide fingerprints, other means should be taken each year to provide valid proof of existence.

    Article 32nd, persons receiving invalidity allowance shall submit the application for the work issued by the accreditation body of all conclusions of the incapacity.

Article 33rd in the city receiving a monthly pension or invalidity allowance of foreign settlers, aliens, Hong Kong, Macau, and shall annually provide proof of a valid in accordance with the relevant provisions, or to the city's social security agencies to prove its existence.

    In this city by months received basic pension or sick allowance of abroad settled personnel, and foreigners, and Hong Kong, Macao and personnel, not on time provides effective survival proved or itself proved of, city social security institutions since times months up suspended paid its basic pension insurance treatment, and place added pension insurance treatment; added provides survival proved Hou, city social security institutions since provides times months up continues to paid, and fill pay suspended during of basic pension insurance treatment principal, and place added pension insurance treatment principal.

    34th of municipal social security institutions to meet the conditions for receiving the survivor's, dependent relatives funeral grant payment, pensions and personal account balance and other survivors ' relatives, dependent on the amount of receiving and distribution dispute, should be resolved through legal channels and to receive the recovery.

    The seventh chapter of personal account management

35th insured individual account annual interest calculation interest is calculated as provided in Guangdong Province, the earned interest into personal accounts.

    In Guangdong Province, before adjusting standards of interest ending personal accounts, according to the interest rates at the end of no interest for interest for the period. Article 36th insured within the scope of application of the regulations flowing between the employer, do not replace the old-age insurance personal accounts.

    Insured stop pay basic endowment insurance, basic old-age insurance is not moved out of the city, continued interest of their individual account accumulation. 37th account deposit amount shall not be paid in advance.

    Death of the insured or retired, individuals account deposit amount or balance can be inherited according to law, survivors ' pension ends formalities by recipients.

    The eighth chapter by-laws

38th Hong Kong, Macao and Taiwan people and foreign residents participating in the basic old-age insurance standards by non-officials in the city.

Retirement abroad or to Hong Kong, Macao and Taiwan region staff, basic old-age insurance remains in the city, returned to the city's employment and required to continue to pay the basic old-age insurance, basic old-age insurance, the actual period of contributions and individual account accumulation can be cumulative.

    Foreign and Hong Kong, Macao and Taiwan people women 50 years of age, males over the age of 60, not to participate in the city's social old-age insurance.

    39th, Baoan district, Shenzhen, Longgang District staff of urbanization urbanization of the transitional measures provided for in the basic old-age insurance pension in accordance with the regulations of the personnel and the implementation of these rules.

    40th city officials mentioned in these rules refers to before this reaches the statutory retirement age, household registration staff.

    41st to the implementation of the regulations of the social medical insurance in Shenzhen (Shenzhen Municipal People's Government order No. 256) prior to a monthly basic pension formalities in this city who after retirement and enjoy medical insurance, medical insurance payment standards and channel according to the regulations of the Fund. 42nd article implementation of the date of commencement of the Ordinance, to the rules of receiving a monthly pension formalities during the day people, the old-age insurance benefits recalculated pursuant to the present rules.

    Recalculation of treatment than the original treatment, according to the new issue and reissue the difference of treatment; recalculation of lower treatment, treatment according to the original release.

    53rd 43rd in line with the regulations, in accordance with the rules back basic old-age insurance benefits, supplementary old-age insurance benefits does not adjust.

    Article 44th of an insured person to pay pension premiums, pay does not change my payment for the first time time and participating in work time.

    Article 45th on old-age insurance to pay the specific measures shall be formulated separately by the municipal human resources and social security administration. 46th article of the rules shall enter into force on January 1, 2014, July 24, 2002, Shenzhen Municipal People's Government, the 120th release 160th, December 8, 2006, Shenzhen People's Government to modify the regulations of Shenzhen Special economic zone on the enterprise employee's social endowment insurance, the number of implementing regulations repealed simultaneously.