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Basic Old-Age Insurance For Enterprise Employees In Chengdu Implementation Measures For The Combination Of Social Pooling And Individual Accounts

Original Language Title: 成都市企业职工基本养老保险社会统筹与个人账户相结合实施办法

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(Adopted at the 89th ordinary meeting of the Metropolitan Government of 8 November 2006 No. 133 of 18 November 2006 on the occasion of 1 January 2007)

Chapter I General
Article 1
In order to improve the basic old-age insurance system for business workers, workers are guaranteed basic life after retirement, in line with the provisions of the Labour Code of the People's Republic of China, the Department of State's decision to improve the basic pension insurance system for business workers and the Sichuan Province to develop this approach in the context of urban practice.
Article 2
The extent to which the corporate worker's basic old-age insurance applies:
(i) Various types of town enterprises within the city's administration, business-administering units, non-commercial units (hereinafter referred to as businesses) and workers in the statutory retirement age for labour relations with them (hereinafter referred to as workers);
(ii) Individuals of the town and their employees within the statutory retirement age of the city's administration, free occupations, urban flexible employment personnel (hereinafter referred to as self-insecutors);
(iii) To participate in business recuperation, retirement (withholding, parenting) of the basic old-age insurance of the business worker in the city, and to receive the basic pensioners on an individual basis;
(iv) Laws, regulations or other units and personnel approved by the provincial and municipal governments.
Article 3 (Principles)
The corporate worker's basic old-age insurance introduces a social integration and a combination of individual accounts.
Article 4 (Rights obligations)
Enterprises and workers, individual insured persons shall participate in the basic old-age insurance of the enterprise worker and pay the basic premium in full in accordance with the provisions of the monthly insurance. Basic old-age premiums shall not be paid.
Employers and individual workers who participate in the basic old-age insurance of business workers, arrive at the mandatory retirement age and the prescribed payment period and receive basic pension insurance treatment under the law.
Article 5
The municipal labour security administration is responsible for the full-market old-age insurance work, and the district (market) labour security administration is responsible for the old-age insurance work in this administrative area. The Social Insurance Agency, affiliated to the labour security sector, performs specific services for the management of basic old-age insurance.
Chapter II
Article 6
The basic old-age premiums for business workers are paid jointly by businesses and workers, and the basic old-age premiums for individual workers are paid by themselves:
(i) The contribution rate of 20 per cent for businesses to pay their basic old-age premiums at the total wage of all employees and as a contribution base.
(ii) Employers pay basic old-age premiums, reaching 8 per cent on their monthly salary. The employee's personal salary is determined by the project established by the national statistical offices to include the total wage statistics. The employee's monthly salary exceeds the average monthly wage of 30 per cent in the previous year in the Sichuan Province and does not account for the contributions base. The monthly salary of the employee is less than 60 per cent of the average monthly salary of the former Sichuan Province and is calculated at 60 per cent.
(iii) Individual occupants pay basic old-age premiums, which are 20 per cent at the average monthly salary of the former Sichuan Province as a contribution base. For individuals who do not enjoy social security benefits, the payment base was transferred on a year-by-year basis; in 2008 the pay base was determined by an average of 60 per cent, 80 per cent and 100 per cent of the monthly salary of the employee in the Sichuan Province; in 2007, the pay base could be determined by 80 per cent and 100 per cent of the average monthly salary of the employee in the provinces of Sichuan in the previous year; in 2008, the payment base was determined on average monthly salary of the employee in the previous year.
(iv) Individual industrial and industrial workers pay basic old-age premiums for their employed workers by 12 per cent of their employees' contributions base, and employees pay basic old-age premiums by 8 per cent of their contributions.
(v) The payment of basic old-age premiums by workers and individual insured persons until the month of the receipt of basic pension conditions and the processing of retirement or basic pension procedures.
Article 7
The basic old-age premiums paid by enterprises for workers are charged from the corporate management fee. The basic old-age premium paid by the worker is paid by the enterprise in which it is paid. The basic old-age premiums paid by enterprises and individuals are deducted from the sum of the tax obligation.
Chapter III Individual accounts for basic old-age insurance
Article 8
The Social Insurance Agency has issued social security numbers in accordance with the National Quality Technical Monitoring Unit (the National Standards GB11643-89) to establish a basic old-age insurance personal account for workers and individual workers participating in the basic old-age insurance (hereinafter referred to as personal accounts).
Article 9
As of 1 January 2006, the personal accounts of the employee were established by 8 per cent of the salary paid to him, and the basic old-age premiums paid by the individual of the employee were formed. Individual occupants were established and recorded in their personal accounts by 8 per cent of their contributions base.
The amount of personal accounts storage includes:
(i) The principal and interest in the personal accounts established by the original provision by 31 December 2005;
(ii) The principals and benefits of the real individual accounts after 1 January 2006;
(iii) The principal and interest earned on the accounts of individuals that have not been made after 1 January 2006.
Article 10
The amount of real personal accounts storage is operated in accordance with the State's provisions and is calculated.
The amount of personal accounts storage prior to 31 December 2005 and the amount of unused personal accounts receivable since 1 January 2006, calculated an interest per year in accordance with the required accounts interest rate and the accrued interest was incorporated into the personal accounts inventory.
The interest rate for the collection of personal accounts is implemented in accordance with the relevant provisions of the Sichuan Province.
After the retirement of the worker and the self-insecution of the basic pension, the balance of the personal account stocks continued.
Article 11
Employers, self-insecutors interrupted and terminated the payment of basic old-age premiums, which were retained in the personal accounts and the personal accounts were stored for continuing interest.
Article 12
Employers, self-insecutors have been mobile within the context of the integration of the basic old-age insurance premiums in the city, with the transfer of basic old-age insurance relationships and real-time personal accounts stocks, and no real personal accounts storage is transferred. The combination of basic old-age insurance flows for business workers across the city is governed by national and provincial regulations.
Employees and individual insured persons who have participated in the basic old-age insurance of the enterprise worker, who have been relocated or admitted to the agency's units that have established the old-age insurance system, should be transferred to the full stock of the basic old-age insurance relationship and personal accounts; and to relocate or recruit into the service units that do not have established the old-age insurance system, the transfer of personal accounts and continued to be managed by the outward social insurance agencies.
Article 13
The personal accounts storage is used for the payment of a personal account pension after the employee's retirement and personal participant's personal pension, or the termination of the basic old-age insurance relationship and the one-time payment of personal accounts stocks after death.
Article 14.
During the employee's work, the exit settlement was returned to himself on a one-time basis with the actual storage of the individual accounts and the basic old-age insurance relationship was terminated.
The individual insured person received a lump sum prior to the basic pension and a settlement of his/her departure, which was paid in his or her personal capacity as a personal participant in the payment of his/her insurance contributions, whichever was paid by the individual for the full basic old-age premium (benefits and interest in the personal accounts) and terminated the basic old-age insurance relationship.
Article 15
The employee was killed before retirement and his personal accounts were part of his personal contributions in the form of a lump sum paid by the social insurance agencies to the legal successor or the designated beneficiaries. Individual accounts were recorded in the basic old-age premiums paid by businesses by 31 December 2005 and incorporated into the Social Integration Fund.
Individual occupants died prior to the receipt of the basic pension, during their personal participation in the payment of their contributions, the full range of basic old-age premiums paid by the individual, including the proceeds and interest in the personal accounts, was paid to the statutory successor or to the designated beneficiaries by the SSA.
Business retirees, self-insecution of basic pensioners have died, and their personal accounts storage balances are calculated according to the prescribed amount of succession and are paid to their legal successors or designated beneficiaries on a one-time basis by the Social Insurance Agency.
Article 16
The Social Insurance Agency sent a social security card to the workers and individual insured persons participating in the basic old-age insurance of the enterprise worker, who are able to receive information from the social insurance agencies on their personal accounts storage. Employers and individual workers should be properly held in custody of social insurance cards, and the loss or damage must be made promptly to the social insurance agencies for releasing.
Chapter IV Basic old-age insurance treatment
Article 17
Basic old-age insurance treatment includes basic pensions, funeral subsidies and one-time pension.
The basic pension, the transitional pension, the reconciliation fund, which is paid by the Social Integration Fund; the pension of the individual accounts is paid by the personal accounts stock and the personal accounts are not paid, and the social integration fund is covered.
Article 18
Employers and self-employed workers participating in the basic old-age insurance are eligible for basic pensions, which are implemented in accordance with national and provincial provisions.
Article 19
Employers participating in the basic old-age insurance of business workers reach the statutory retirement age, the personal insured person's access to the basic pension for the month of the month of the payment of the basic pension age and receive basic pension from the month of the month.
From 1 January 2006, the basic pension was given as follows:
(i) After 1 January 1996, the basic pension calculation formula for the benefit of the employee and the individual insured person for more than 15 years has been calculated at a monthly basic pension = basic pension of the basic pension of the pension of the basic pension of the pension of the pension of the individual accounts.
Employers have reached the mandatory retirement age, their personal occupants have reached the minimum pension age of 15 years for which they are paid, without the basic pension; their personal accounts are paid on a one-time basis to themselves, and the actual annual payment rate is paid every one month to the average monthly payment rate of one month's index and to terminate the basic old-age insurance relationship.
(ii) Previously, on 31 December 1995, the basic pension calculations of the individual's actual pay period and the pay-for-year limit amounted to more than 15 years of age and personal insured persons were: the basic pension for the month: the basic pension = basic pension = pension for the basic pension of the pension for the personal account+ transitional pension+.
(iii) Previously, on 31 December 1995, the personal actual contributory period and the number of employees and personal insured persons who had received 15 years of age in ten years had been paid in accordance with paragraph (b) of this article.
Employers have reached the mandatory retirement age, their personal insured persons have reached the age of basic pension, paid for a period of 10 years without basic pension; their personal accounts are paid for themselves for a one-time payment, and the actual annual payment rate is payable to one month for each year and the average monthly payment rate for one month's index.
(iv) Related calculation formulas:
Basic pensions
Basic pensions = (on average monthly salary of the insured person at the time of retirement of the insured person) plus 2 x 1 per cent of the monthly average monthly rate of contribution (considence the pay-for-payment period, the same) x 1 per cent
The average monthly wage of the individual index: the average salary rate for the insured person at the time of retirement of the insured person in the previous year in the Province of Sichuan in the previous year of the employee's pensioner.
The average salary rate for himself is determined by the average of the annual salary of the employee and the corresponding average salary rate for the same employee as the average of the employee's average salary for the year in the calendar year, as at 1 January 1990. As a result of the annual wage index, the implementation of the scheme for the integration of the basic old-age insurance of workers in urban enterprises with the personal accounts (No. 83 of the Municipal Government Order) was established by 2005 at the same time as the average salary of their employees in the provinces of Sichuan in the previous year.
Individual accounts pension
Individual accounts pension: number of months relative to the retirement age of the individual accounts at the time of retirement

Transitional pension
Transitional pension = (a monthly average salary of the insured person at the time of retirement of the insured person) in the former Sichuan Province for the previous year of the year in which the average monthly salary of the employee is calculated) 232 x 1 per cent of the accumulated annual payment for the personal accounts not established by 31 December 1995.
Adjustments
Adjustments = 70 x calculations
The calculation rate has been 90 per cent, 70 per cent, 50 per cent, 30 per cent, and 10 per cent each year from 2006 to 2010. Reimbursements are no longer made in 2011.
Article 20
The basic pension, calculated by virtue of article 19 of this scheme, shall not exceed the monthly average pay for retirement, for retirees, individual pensioners.
Article 21
The basic pension is defined in the scheme as a percentage of the population who retired and took part in the basic pension process during the transition from January 2006 to 5 December 2010:
(i) In contrast to the calculations of the original method, the average monthly wage base for the last year of the basic pension was used by the original method of calculating the average monthly wage base for the year 2005 for the year-old workers.
These policy closures, early retirements in the insolvency sector, early retirements in the difficult State treasury, and businesses who are sick or non-employed for the full loss of their labour capacity, and who are releasing the basic pension, shall be subject to a provision of 2 per cent reduction in the basic pension (other than pension for the personal accounts), which shall not be deducted.
(ii) Retirement in 2006, 2007, 2008, 2009, mid-2010, basic pensions calculated under this scheme are higher than the basic pension portion calculated by the original method, and, on the basis of the basic pension calculated by the original method, are added by 10 per cent, 50 per cent, 70 per cent, 90 per cent, respectively, and are not recalculated once approved.
(iii) Retirement in 2006, 2007, 2008, 2009, mid-2010, basic pensions based on the scheme, which are less than the basic pension portion calculated by the original method.
Article 2 (Day of treatment)
Persons eligible for departure shall be treated in accordance with national provisions.
Article 23.
Until 31 December 2005, persons who had taken up, retired and self-insecuted basic pensions (including those who were in compliance with basic pension conditions should be treated with basic pension procedures), who did not count basic pensions in the calculation of basic pensions by the scheme, were still granted basic pensions in accordance with the criteria of the original pension scheme, while implementing the basic pension adjustment approach.
Article 24
The basic pension adjustment for retired and individual pensioners is implemented in accordance with the relevant provisions of the State and the province.
The basic pension adjustment of the enterprise's recuperation is carried out in accordance with the specific provisions of the State and the province for the corporate dispersion.
Adjustments to the increase in the basic pension are set out separately from the balance in the personal accounts and the Social Integration Fund for the Basic Care Insurance.
Article 25
After the release of the basic pension, the retirement and personal attendance of the basic pensioners, their relatives will report to the social insurance agencies that pay their basic pension within 15 working days after the death of the sick or non-employed worker. After receiving reports and reviewing the effectiveness of the death certificate, the social insurance agencies shall, in a timely manner, process the payment of funeral subsidies and a lump-sum pension payments while ending basic old-age insurance relationships:
(i) The standard of payment for funeral benefits: ten months after the death of the person was the basic pension for the month. The basic pension was lower than the average monthly salary of the former Sichuan Province in the previous year, and was paid for 10 months at the time of death in Sichuan Province. Retires and individual pensioners receive four months of the average monthly salary of the employee at the time of his death.
(ii) A one-time pension criterion: ten months after the death of the recuperation. Retires and individual pensioners receive basic pensioners on the basis of eight months of the death of the basic pension in the month.
(iii) The payment of funeral subsidies and lump-sum pension entitlements, etc., are implemented in accordance with the relevant provisions.
(iv) Removal, sickness or non-worker deaths, and after payment of funeral benefits and one-time pension payments by the basic old-age insurance fund, the enterprise will no longer assume the funeral benefits and a lump-sum pension.
Article 26
The insured person can only enjoy a single basic pension insurance treatment. The insured person shall not be reunited.
Chapter V
Article 27
Building on the law to participate in basic old-age insurance, eligible businesses can set up an enterprise year for workers.
The Fund was fully accumulated and managed and operated in a market manner. The cost of the year's treasury is paid jointly by enterprises and individual workers. The total amount of corporate contributions is 4 per cent of the total salary, which can be absorbed from the cost.
The annual treasury programme and the fund management contract shall be presented to the Labour Security Administration. The labour security administration is to be effective in the management of the annual corporate fund.
Chapter VI
Article 28
Sources of the Basic Insurance Fund:
(i) Basic old-age premiums paid by enterprises;
(ii) Basic old-age premiums paid by workers and individual insured persons;
(iii) Interest income and operational benefits of the Basic Insurance Fund;
(iv) Basic old-age premiums lag;
(v) Transfer from the field to the basic old-age insurance fund as required;
(vi) Financial subsidies;
(vii) Other income.
Article 29
The coverage of the basic old-age insurance fund:
(i) Integrate basic pensions in integrated projects;
(ii) An increase in basic pensions according to the basic pension adjustment scheme;
(iii) After the death of the basic pensioner, retired and individual insured persons, the funeral allowance paid under the relevant provisions and a lump-sum pension;
(iv) The termination of basic old-age insurance relations and the one-time payment of personal accounts storage after death;
(v) A one-time cost paid in the event of termination of basic old-age insurance relations, as set out in article 19 of this scheme;
(vi) Basic old-age insurance funds transferred to the field as prescribed;
(vii) Other expenditures provided by the State.
Article 31 (Management of funds)
The basic old-age insurance fund should be included in the financial pool, with the introduction of two line management of income and expenditure, exclusive storage, exclusive provision, and the prohibition of diversion.
Article 31
Labour guarantees, the financial sector should be carefully functional, closely cooperated and monitored by law, and the social insurance agencies should strengthen the Fund's management and daily inspection. The audit department should enhance the audit oversight of the Fund.
Chapter VII Legal responsibility
Article 32 (Lurgar)
The enterprise did not pay and deduct social contributions as prescribed by law, which was paid by the Labour Security Administration for a period of time; it was still unpaid and, in addition to the amount of unpaid contributions, received a lag of 2 per person per day from the date of payment. The lag is incorporated into the Social Insurance Fund.
Article 33 (Administrative penalties)
When the enterprise discloses the amount of social insurance premiums to be paid by the social insurance agencies, the total salary or the number of employees is charged by the Labour Guarantee Executive Order, and the amount of the salary is more than three times.
Contrary to the treatment of social insurance or deceasing the expenses of the Social Insurance Fund, which are returned by the Labour Guarantee Executive Order and are charged with a fine of more than three times the amount; and which constitutes a crime to be criminalized by law.
Article 34 (Responsibility)
Labour guarantees abuses by the executive branch, the staff of the social insurance agencies, in favour of private fraud, and insecure duties, are subject to administrative disposition by law, which constitutes an offence and are criminally prosecuted by law.
Chapter VIII
Article 35 (Definition of time)
This approach refers to the figures previously, after, above, below and in force.
Article 36 (Implementation of the rules)
The municipal labour security administration, the city's financial sector, in accordance with this approach, develops rules for the implementation of the rules for the municipal government.
Article 37 (Option of organs)
Specific issues in this approach are explained by the Department of Labour and Social Security.
Article 338 (compared with top law)
The restructuring of the enterprise worker's basic old-age insurance society in conjunction with the individual accounts has been provided by the Department of State and the Sichuan Government.
Article 39 (Actual date of application)
This approach was implemented effective 1 January 2007. The Delivering Approach for the Integration and Integration of the Basic Older Insurance Society and Personal Accounts, issued by the Municipal Government on 13 March 2001, was repealed.