Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Summit 5th ordinary meeting of the People's Government of the Southern Province, 26 May 2008, considered the adoption of Decree No. 213 of 11 June 2008 of the People's Government Order No. 213 of 11 June 2008, which came into force on 15 June 2008)

Article 1 establishes the application rules in accordance with the Basic Care Insurance Regulations (hereinafter referred to as the Regulations).
Article 2
Except for those who are able to provide evidence that they have been admitted by the local social insurance agency in the province or by the agency, the unit of the cause, as prescribed, are not required to participate in the effective certificate.
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 administration should participate in basic old-age insurance in accordance with the provisions of the Regulations.
In the administrative area of the province, the unit of the urban expatriate is not involved in the basic old-age insurance provided for in the Regulations. The State also provides for the provision.
Article IV pays for monthly contributions by a person's unit and its practitioners, which is approved by the levying authority in accordance with the provisions of the Regulations.
A total of 60 per cent of the average monthly wage for all-year-old-up workers and their practitioners participating in the basic old-age insurance is less than 60 per cent of the average monthly salary for the full-time-up-up-year-old-up workers, authorized by the levying agency and 60 per cent of the average monthly salary paid by the same-ranking labour security administrative authorities can be paid on the basis of the actual salary payments and gradually transition to an average of 60 per cent of the average monthly salary for the full-care workers in the previous province. Specific transitional deadlines and approaches are developed by provincial labour security administrations with the relevant sectors.
The total salary of the occupants and their practitioners involved in the Social Insurance Service in the province is reported to the Provincial Department of Personnel Labour Security Administrative Authority.
Article 5. Individual business and flexible employment personnel are difficult to pay under article 7, paragraph 1, of the Regulations, their basic old-age insurance contribution base, which is gradually transitioned to the average monthly salary for the full- Province and 60 per cent of the average monthly salary for the full- province in 2008, 70 per cent in 2009, 90 per cent in 2011, 95 per cent in 2012 and 100 per cent in 2013.
The following units of Article 6 are registered at the local tax authorities at sea following the registration of basic pension insurance by the provincial social insurance agency:
(i) Central, provincial and territorial authorities, business units, social groups, registered enterprises and other units authorized by the relevant provincial authorities in the business administration sector in the province, to recruit military-owned units of non-military practitioners;
(ii) In other parts of the province, the provincial exclusive unit approved by the provincial labour security administration authorities;
(iii) The integration of basic old-age insurance industries and the transfer of units by State to local management.
After the registration of basic nutrients in the WAEMU, the local tax authorities in the GRAD are registered.
Other user units are registered with local tax authorities on the ground after the registration of basic old-age insurance in the city, district, autonomous district social insurance agencies.
Individuals of business and flexible employed persons participating in basic old-age insurance are registered in local tax authorities following the registration of basic old-age insurance in the city, district, autonomous district social insurance agencies.
Article 7 has been involved in two or more basic old-age insurance units and practitioners, and the Social Insurance Agency should incorporate the personal contributions portion of the individual accounts of practitioners with low-paid personal accounts into the contributory base.
More than two retirees who have received basic old-age treatment have been re-approved after the processing of the preceding paragraph. A number of recipients should be recovered. The State provides otherwise.
Article 8 The basic pension adjustment scheme, which had been retired by 31 December 2007, was unchanged and the funds required and the distribution channels were unchanged. Other retired persons have been transferred to implement the corporate basic pension adjustment scheme, which is less than the standard for the adjustment of the pension adjustment of the State's constituent units with the category of persons, and the balance of funds required for the adjustment of the basic pension is dealt with in part by:
(i) Persons who are pre-emptive in the management of the financial budget and whose wages are fully financed by the financial arrangements, whose financial difference for the adjustment of the basic pension is partly financed by the current financial burden and are paid by the user unit in the month;
(ii) Other personnel adjust the funding gap required for the pension in part by the transfer unit, which is financed by the same-level finance by the unit of the user and by the monthly grant of the person's unit.
The business unit participates in the transfer of basic old-age insurance to the enterprise and retires after the re-entry, which is based on the provisions of the Regulations.
The State and the province also provide for its provisions.
Article 9
Article 17 of the Regulations states that “the average basic social pension for the same period” is based on an average basic pension for enterprise retirees in the previous year in which they are terminated for other reasons, in accordance with an annual increase of 5 per cent.
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 set up in the individual accounts of the 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
After having participated in the basic old-age insurance, staff of the non-commercial management unit and social groups, work-person fixed-term temporary workers in the workplace and the original plan, the duration of the work of continuing or working hours, calculated by 31 December 1993 in accordance with national provisions, is limited to the same-contributory period.
Business, entrepreneurship and social groups, agencies, non-commercial management units and social groups use pre-contracted workers who have been admitted to the labour security administration for admission to the employment indicators by the competent authorities, and are admitted to continuing work or working hours previously calculated in accordance with the State's provisions, depending on the contributory 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 military retreated into active military personnel (with no self-governing industry) and the military service hours were considered to be paid for the same year.
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 or in full the payment of the basic old-age premiums under the Regulations and the present Rules; shall not be paid or delayed without the legal approval of the organ; and shall not be paid in violation of the provisions of the basic old-age insurance and shall be recovered by the organ of the levy in accordance with the relevant provisions of the National and Regulations.
As a result of a violation of basic pension payments by the user unit, resulting in the failure of practitioners to enjoy the basic old-age insurance treatment that should be enjoyed after retirement, practitioners may request a one-time assumption of the corresponding economic responsibility by the person's unit and 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 Removals of practitioners across different units within the context of the integration of the basic old-age pension funds should be made available to the social insurance agencies and the agencies that collect the declaration of the increase in the number of persons; and the social insurance agencies and collect agencies should promptly check and adjust the records of the participant's attendance payments and not transfer the basic old-age insurance fund.
In the context of the integrated intersection of the basic old-age insurance fund within the province, the insured person should transfer basic old-age insurance relations and personal accounts files in line with national uniform provisions and not transfer basic old-age insurance funds.
When practitioners of enterprises, business-based units and social groups are moved into the province, basic old-age insurance relationships, personal accounts files and personal accounts should be transferred in a manner consistent with national uniform provisions.
When the persons referred to in the previous paragraph were transferred to the province by:
(i) Transfer of basic old-age insurance relationships and individual accounts files;
(ii) The transfer of all storage amounts in the basic old-age pensioned personal accounts (concluding the accumulated interest in the personal contributions for the period from 1 January 1992 to 31 December 1997, 1 January 1998 to 31 December 2007 and the accumulated interest of 8 per cent of the total salary paid to him after January 2008).
The transfer of basic old-age insurance relationships and individual accounts files should be used in the form of a national uniformed transfer certificate.
When the basic old-age insurance fund was transferred, the annual individual accounts for the year were charged to the mid-year-returned practitioners and the transfer of interest only to the principal sum was not diverted, and the transfer of the transfer of the transferee to the annual accounts was vested in the State.
Article 18 practitioners, non-commercial management business units and social groups, who have been redirected into the province, have introduced basic old-age insurance by means of a national uniform provision to transfer basic old-age insurance relations, personal accounts files and personal accounts; the age of work or work required by the State prior to the introduction of the basic old-age insurance system to the same-payment period. No basic old-age insurance has been transferred from the next month of being transferred to the province to participate in the basic old-age insurance, with the age of work or working years calculated before the basic old-age insurance.
When the former is transferred to the province, the following means are transferred:
(i) Transfer of basic old-age insurance relationships and individual accounts files;
(ii) The transfer of all storage amounts in the accounts of the basic old-age insurance individual (concluding the accumulated interest in the personal contributions for the period from 1 January 1994 to 31 December 1997, 1 January 1998 to 31 December 2007 at 11% of the total salary paid by 31 December 2007 and 8 per cent of the total salary paid to him after 1 January 2008).
Article 19 participates in practitioners of the basic old-age insurance in the province, where the basic old-age insurance relationship cannot be transferred when it leaves the province, which may retain basic old-age insurance relations and provide basic pensions in accordance with the provisions of the Regulations when the mandatory retirement age is reached. Upon request, the personal contribution portion of the individual's contribution could also be returned one-time and terminated the basic old-age insurance relationship. The State also provides for the provision.
Article 20 practitioners participating in basic old-age insurance have settled or died, and their personal contributions have been returned to themselves or to the successor.
National civil servants who have participated in the basic old-age insurance in the province and who have been relocated from the province, retirement, death or departure from the country's (removal) settlement, the personal contributions of the basic old-age insurance personal accounts are returned to themselves or the successor.
Article 21 of the Social Insurance Agency, when it recognizes whether the initial or working period of the person who has been transferred from the province is limited to the payment period, shall not be subject to the same payment period of time as the person's personnel file has been organized above the provincial level, the personnel labour administration authorities or formal personnel mobilization procedures granted by other departments under its mandate.
Those who flow between different integrated areas 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.
In recognition of the age of work or the duration of the work of the person concerned, the social insurance agencies shall review the relevant information on their own personnel files when the person concerned has been admitted.
Article 2 practitioners engaged in special works, illnesses or non-worker maiming are completely deprived of their labour capacity, and in early retirements, other areas are approved by provincial labour security administrations, in addition to the approval of the communes and the approval of the executive authorities of the city.
Retirement of pre-retired practitioners under the relevant provisions of the State is authorized by the provincial labour security administration.
Article 23. The retirement age for female workers working in productive positions is 50 years and the retirement age for female workers in managerial or technical positions is 55 years. 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.
Individual business and flexible employed persons, who have reached 60 years of age and have reached 55 years of age, can be treated with basic old-age insurance approved by the Social Insurance Agency.
Article 24 allows practitioners to pay more than the retirement age established by the State when they are retired, and after the retirement age set by the State, the basic old-age premiums paid by the units and individuals and the pay-for-year limit for the payment of basic old-age insurance treatment.
Article 25 participates in the basic old-age insurance provided for in the Regulations, and is sentenced to imprisonment, to correctional services or to persons disposed of for dismissal, without paying basic old-age premiums, non-calculation of contributions, individual accounts have been retained and paid in the personal accounts, and punished, actual contributory periods prior to the disposition and recognition of the same pay.
Until otherwise provided by the State, the participation of the listed person in the basic old-age insurance provided for in the Regulations shall not be subject to the age of the same pay.
The retirement age is reached in the course of the work of the practitioners or their sentences, and after the expiration of the retirement process, the basic old-age insurance treatment for the period between the mandatory retirement age and the actual processing of retirement proceedings can be completed.
Article 26 has been granted a term of imprisonment for the basic old-age insurance treatment, the absence of a basic pension during the period of labour rehabilitation and the non-participation of the basic pension adjustment; the treatment of basic old-age insurance is paid in accordance with the standards prior to the release or removal of labour rehabilitation.
In the second article, civil servants and employees of the business units administered by civil servants should be involved in basic old-age insurance in accordance with the provisions of the Regulations. The basic old-age insurance personal accounts have never been established and the individual accounts have been established from the date of their participation in the insurance period, with the previous work period 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. Previously, the basic old-age insurance should be deducted from the grant established by their personal accounts until 31 October 2000.
Article 28, Business, Corporateization Management Unit, practitioners of social groups, flexibilities of employed persons and individual businesses, and honorarys such as the National Model of Labour which was granted an additional pension by 29 February 1995 and retained at the time of retirement, the addition of basic pensions to be paid from the basic old-age insurance fund, as prescribed by the State; the award of the various Honours by 1 March 1995 and the release of basic pensions.
Article 29, when applying for the treatment of basic old-age insurance, should be made available to social insurance agencies for effective retirement clearance documents, personal identification documents, basic old-age insurance inputs, personnel files, etc.
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 31 pays basic old-age premiums or the basic old-age insurance treatment of retired persons, which should be implemented effective 1 January of the year-long average salary of the employee in the province, published by the provincial statistical offices.
When a basic pension is paid, the following formula is calculated:
(i) The calculation formula for basic pensions:
Basic pensions = (a monthly average salary rate for full-time workers in the previous year plus an average monthly wage for the year) x 2 x 1 per cent (as compared to the year of the same pay).
The calculated formula for calculating the average monthly pay of the index is:
An average monthly wage of contributions = annual average monthly wage x per person's average salary index for full-time occupants.
(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.
In the event, the number of months relative to the retirement age for himself is as follows:

(iii) The calculation formula for the transitional pension is:
Transitional pension: average monthly salary slots for full-time workers in the previous year, x of the average pay index X (as compared with the contributory period to the personal accounts) x 1.4 per cent.
(iv) The average salary index for himself in the basic pension and transitional pension is the average of the annual wage index for the insured person. The insured person's own annual wage index is the sum of the annual pay paid for himself in addition to the average annual salary of the full-statused employee. 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 province for the year of employment;
N For the insured person's accumulated contribution rate (concluding the pay-for-year period) is calculated by the “year” unit, which is accurate to two after a small number of points.
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 3 retired practitioners after 1 January 2008, whose basic pension payments were made for a six-year transition. During the transition period, the difference should be partly offset by the difference between the basic pension calculated under the Regulations, which is less than the basic pension calculated by 31 December 2007. The basic pension calculated in accordance with the Regulations is higher than the basic pension calculated by 31 December 2007, 20 per cent of the increase in the number of retirements in 2008 and 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 paid in 2012 and 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 33, effective 1 January 2008, allows for the treatment of basic 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 and practitioners. 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 basic old-age insurance pension is lower than the same pension or basic pension treatment criteria established by the State, which is partly offset by the following pattern: those who are in the financial budget management and who are paid in full financial arrangements, the difference is partly financed by the same financial burden, by the monthly grant of a person's unit; the difference of other personnel is partly owed by the user unit, and the same financial support is provided to the person in the form of financial support for the benefit.
Retired non-profits after 1 January 2008. Businessally managed business units and practitioners of social groups, practitioners of agencies, whose pension is adjusted by a business approach and is less than the country's criteria for the adjustment of the treatment of retirees in the same category, and the difference is partly implemented in accordance with the preceding paragraph.
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 34, when the parent of the child is a sole-child and the child is retired, adds 5 per cent of the basic pension at the time of his or her retirement, 10 per cent as family planning incentives.
A person who had been granted basic pension by social insurance agencies by 31 December 2007 shall be entitled to family planning incentives, as prescribed by the Social Insurance Agency, and granted family planning awards by 1 January 2008.
The family planning incentives granted by the Social Insurance Agency by 30 September 1999 were no longer approved and are still issued in accordance with the approved criteria.
Article 35 Adjustments to basic pensions are implemented in accordance with the relevant provisions of the State and the province. 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 36 Persons who died from illness or non-working during the course of the industry, their burial and pension, relief payments are paid by the user unit in accordance with the criteria established by the provincial labour security authorities and the provincial financial sector. The State also provides for the provision.
In accordance with the provisions of the law and administrative regulations, the responsibility for funeral, pension or relief shall be borne by the retired person himself or other party and no payment of burial and pension payments, relief expenses shall be made from the basic pension insurance fund.
Article 338 Death of a lump-sum pension or relief fee for retirees participating in basic old-age insurance is the basic pension of the retired person for the 20 months he died.
After the death of the retired person, the Social Insurance Agency pays the pension or relief expenses to its immediate family; it is not available to the breadwinner to pay to its successor.
Article 39 shall not borrow from insolvency, cancellation, dissolution, modification, transfer, consolidation, separation, severance and transfer, etc., tax evasion, unliquidated basic old-age premiums and interest, lagging, fine.
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 40 Total wages paid by the user unit and its practitioners for basic old-age premiums are paid to all workers paid by the unit; specific statistical calamities are implemented in accordance with the State's provisions on the total wage composition.
Article 40 provides that the basic old-age premiums paid by the unit and individuals are not taxed, paid; the basic old-age insurance accounts are not charged with interest taxes; the basic old-age insurance treatment paid by the individual does not cover personal income tax.
Article 42, the basic old-age insurance of the current province's agricultural reclaim system is still being managed in accordance with the existing management system and is subject to a consequential adjustment after the completion of the reform of the farming system.
Article 43 was amended by the Regulations of 1 January 2008 to the extent of the old-age insurance treatment approved by the Social Insurance Agency, which is based on the basic pensionable scheme following the revision of the Regulations.
The specific application of this rule is explained by the provincial labour security administration.
Article 42 The Government of the People of the South Province issued on 17 August 1994 and amended on 2 March 2000 the application of the old-age insurance regulations for practitioners in the area of the South-South economy.