Advanced Search

Shenzhen Municipal People's Government To Amend The Regulations Of Shenzhen Special Economic Zone On The Enterprise Employee's Social Endowment Insurance, The Number Of Implementing Provisions Of Decision

Original Language Title: 深圳市人民政府关于修改《〈深圳经济特区企业员工社会养老保险条例〉若干实施规定》的决定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Act dated 8 December 2006 from the date of publication No. 160 of the People's Government Order No. 160 of 8 December 2006)

In order to follow up on the implementation of the Social Old Insurance Regulations for Enterprise Employees in the Zhentz Economic Zone, further refinement of several implementation provisions for the Social Care Insurance of Business Employers in the Shenzhen Economic Zone (hereinafter referred to as “the provisions”) has been decided to amend the provision as follows:
Social Insurance Regulations, entitled “Support for Employees in the Shenzhen Economic Zone” A number of implementation provisions have been amended to implement the provisions of the Social Insurance Regulations for Business Employers in the Shenzhen Economic Zone.
Article 1 amends to establish this provision for the further improvement of the old-age social insurance system for business employees, in accordance with the provisions of the Chnzhen Economic Care Social Insurance Regulations (hereinafter referred to as the Regulations).
Amendments to “times of participation” in Article II are “times of work”.
Article 3, paragraph 2, was amended to read as follows: the non-resident employees working in the city, whose home-based social insurance agencies have shown that they have participated in local feed-up insurance and are no longer participating in the old-age insurance in the city; they have participated in the old-age insurance scheme in the city, and their contributions have been returned to businesses and themselves in proportion to their contributions.
Paragraph 2 amends to include persons who have been retired or processed internally in the field, as well as those who have been relocated to the city after the age of retirement as provided by the State, without including the coverage of the old-age insurance scheme in this city. Payments of old-age premiums have been paid in this city, which have been returned to the enterprise and himself on the basis of the proportion of the contributions paid; they have been retired in the city to remove their eligibility to receive pension insurance treatment and have been recovered by the municipal social insurance agencies.
V. Article IV amends as follows: employees are not allowed to participate in old-age insurance at the same time in more than two nutrients. Staff members should choose to participate in the old-age insurance; they do not choose to participate in the old-age insurance scheme in this city, repeat their contributions to the old-age premiums paid in the current city during the old-age insurance period, and their contributions are returned to the enterprise and themselves in proportion to their contributions.
Delete article 5.
Article 5: Minimum wages for this month under Article 8 of the Regulations apply to the monthly minimum wage for the place of residence registered in the enterprise and industry or the place of operation.
Article 6, paragraph 1, was amended to: after 1 July 1996, the employees of the commune (zone) were authorized by the personnel sector to redeploy their excess age into the city, which should be paid a premium for the elderly. The calculation of the excess-age premium is that the average salary scales for the first-year-old-up worker in the current city of Upperi, at the time of entry, x the length of time. In this regard, the proportion of payments is calculated at 30 per cent to less than 1 per cent of the year of age for the period from 1 July 1996 to 31 January 2001 for the period from 1 July 1996 to 31 January 2001 as follows: the actual age-35 (redeployment of workers' status) or 45 (investigation of their status), the calculation of the excess-year limit of the number of employees entering the city after 1 February 2001 is as follows:
Delete paragraph 2.
An increase in paragraph 2: When a staff member is transferred to the current city, the enterprise does not pay a higher-age premium under the provisions of article 50 of the Regulations, the employee may lodge a complaint, report or apply for arbitration. The employee may reproduce his/her own contributions for reasons such as the late absence of a complaint, a report or an application for arbitration, or for the absence of payment of the excess-age premium.
Articles 7 were amended to read as follows: persons who had been relocated to the city but who had not been transferred to the labour, personnel sector, whose contributions had been paid at the time of the actual payment of the old-age premiums in the city and who had not been paid in the current city had not been considered to be paid for a contributory period and had been transferred to their personal accounts.
Article 8.
Article 8.
Article 9, paragraph 1.
Paragraph 2 was amended to read as follows:

Paragraph 3 amends the monthly wage rate for employees: the average monthly salary of the employee when the employee pays a monthly payment. Of these, the following are the monthly payment index:
(i) The monthly payment index for staff members who participated in the work until 31 July 1992;
(ii) The monthly rate of contributions for the period from 1 August 1992 to 31 January 2001 for the period from 1 August 1992 to 31 January 2001 for the period from 1 August 1992 to 31 January 2001 shall be calculated in accordance with paragraph 6 of this article;
(iii) After 1 August 1992, the demobilization of military personnel, veterans, transgender soldiers and forces in the city were divided into their workers, and the monthly payment rate for the period from 1 August 1992 to the date prior to the settlement;
(iv) After 1 July 1996, the labour, personnel sector approved the replacement of employees who had reached the current city and had paid higher-age premiums, which were calculated in excess of one-year limit of 1 August 1992;
(v) Employees retired in January-June, the annual and previous monthly payment indices are calculated at the average monthly salary of the current and previous-year pay in the first two-year-old occupier in the occupier, respectively, at the time of retirement;
(vi) Employed by the urban (zone) labour, personnel sector approval of the re-entryed staff, untransfer of old-age insurance relationships and old-age insurance payments at the time of entry, as well as transfer of old-age insurance relations and old-age insurance payments without pay records or recalculation of 0.4 after 1 August 1992 and the payment index was calculated at 0.4 per cent.
Delete paragraph 4.
Articles 13 and 10 have been amended to: the employee should be transferred to the old-age insurance relationship (convener pay records, below) and old-age insurance benefits, with the approval of the recalculation rate under article 9 of this provision.
In addition, article 11 was added to the calculation criteria for the transitional pension: the percentage of the average monthly wage creativity.
The proportion of enjoyment is determined by:
(i) No more than 25 years before 31 July 1992, the proportion of which was paid by 31 July 1992 was x 1.2 per cent;
(ii) By 31 July 1992, the amount of payment was 30 per cent+ (from 31 July 1992 to 25 per cent).
Article 13 was deleted.
Articles XVI and 14.
Article 15 amends as follows: Enterprises have reached retirement age at the time of the first processing of the old-age insurance payments in my city and have retired in the business, the old-age premiums of retired workers shall be paid by the enterprise upon the expiry of the retirement age as prescribed. Retired employees are eligible for the retirement age in accordance with the monthly pension provision, and the municipal social insurance agencies began to pay their old-age insurance treatment after receipt. The old-age insurance treatment consists of the monthly pension insurance treatment to be paid by the employee at the time of the retirement age and the basic old-age insurance treatment for the part of the employee's adjustments after the retirement age and the treatment of the previous treatment is not repaid.
Article 16: Employees of the city who have reached the age of retirement but who have been paid for the year, may not be subject to the adoption of old-age insurance treatment, and they are requested to continue to pay. Revenues continue to be paid in the light of the flexibility of employed persons in the processing of payment charges, which should be paid by the unit. In order to meet the monthly pension conditions, EMSS ceased the collection of old-age premiums and the employee's application for the payment of old-age insurance treatment by month. The treatment of old-age insurance is not enjoyed during the continuing payment period.
Article 99, article 16, paragraph 1, was amended to read as follows: the employee had reached the retirement age and was eligible for the monthly pension, and the retirement process should be processed in a timely manner and the payment of the old-age premium. In the absence of timely retirement, in addition to the approval of the extension of retirees by the municipal (zone) personnel sector, the municipal insurance agencies ceased collection of old-age premiums, which had been paid to return to the enterprise and himself on the basis of their contributions.
Paragraph 2 was amended to read as follows: Retirement of the municipal social insurance institution in accordance with the monthly pension conditions was approved for old-age insurance treatment within 30 working days of the receipt of the application and received prior non-payments from the date of receipt.
Paragraph 3 was amended to: the staff member's occupier (zone) approved the extension of retirements, pay for old-age premiums during the retirement period without computation of the annual payment rate and not to be included in the calculation of the payment rate index; and the personal contributions were partly taken into account in the personal accounts, and the unit contributions were in part taken into account.
XX, an increase of article 18 as follows:
(i) Fixed workers who participated in the work by 31 July 1992;
(ii) Access to old-age insurance after retirement.
The specific criteria for the working age grant are: the basic pension for the first month of retirement - transitional subsidies) x The amount of contributions by 31 July 1992 was limited to 0.5 per cent.
Work-age benefits received from retired persons after 1 July 2006 were supplemented by local expenditure in the old-age insurance fund.
Second, an increase of Article 19: The homeowner who was retired by 31 July 1994 is paid in the local supplement to the old-age insurance fund in accordance with the relevant provisions of the municipality.
Article 20: Employees who retired during the five-year transition period under article 33, paragraph 3, of the Regulations shall be treated in proportion to the difference in treatment calculated in the new approach and in the original manner:
The proportion of retirements for the period from 1 July 2006 to 30 June 2007 was 10 per cent; between 1 July 2007 and 30 June 2008 was 30 per cent; between 1 July 2008 and 30 June 2009, the proportion was 50 per cent; the retirement rate for the period from 1 July 2009 to 30 June 2010 was 70 per cent; and the retirement rate for the period from 1 July 2010 to 30 June 2011 was 90 per cent.
Twenty-third and additional article 21: Staff members are engaged in special work types prescribed by the State, and their contributions for special work periods are not translated into the calculation of old-age insurance treatment.
The word “no refusal” in articles 24, 17, paragraph 2, is “without provision” as “without provision” and “a delay period” is revised as “in the period of delay”.
The addition of a paragraph as paragraph 4: Retires are unable to provide fingerprints and should provide effective means of subsistence at the request of the ESPS.
Twenty-five and 18 amendments are: the municipal labour security sector should publish the adjustment criteria for the treatment of old-age insurance in July each year. The last half year retired persons began to participate in the adaptation to basic old-age insurance treatment from retirement; the next half-year retired persons started to participate in the adaptation to basic old-age insurance treatment. The adjustment for basic old-age insurance treatment is paid in the WAF.
Twenty-sixth and 19 amendments are: the mobility of employees between enterprises within the scope of application of the Regulations does not replace the old insurance personal accounts. The staff member ceased to pay the old-age premiums for other reasons, and the original personal accounts were retained and the personal accounts were uninterrupted.
The change in “personal units” in article 20 is “business”.
The treatment of old-age insurance in articles 28 and 21 is still being implemented in accordance with the provisions of the previous provision.
The change in “personal unit” in article 29, paragraph 1, is “business”.
Paragraph 2 was amended to: after 1 July 1996, the labour, personnel sector approved the reclassification into the deep-rooted sector units and, when redirected employees who had provided for the redeployment of the dry age limits by the municipality, the mobility to the enterprise within the scope of the application of the Regulations should be paid to the outward-age premiums by the inflow units; and after the payment of the over-age premiums, the re-entry period should be considered to be the contributory period.
In paragraph 3, the word “personal unit” was amended to “business” and “without reference to the annual payment period”.
Articles 33 and 23 were amended to read as follows: employees who had a city's home to work on a differentiation ground and pay their old-age premiums on a differentiation basis, prior to retirement, the old-age insurance relationship and the old-age insurance pension had been transferred to the city, and the payment rate was calculated in accordance with the provisions of article 9 of the present article.
Article 24 was deleted.
Article 29: Enterprises, employees participate in old-age insurance in a false capacity and the old-age insurance relationship is null and void, and their contributions are returned to businesses and themselves in proportion to their contributions.
The change in “personal unit” in article 23 and 25.
Three quarters were deleted.
Article 31: Attempts, ports, Macaus and Foreigners are employed in the city and are in compliance with the State-mandated conditions of participation, and are implemented in the light of the provisions of the non-nationalities of the city.
Article 32: The scope of the provision for the raising of the family is governed by the provisions on the scope of the worker for the raising of the family.
In addition, article 33 was added: the flexibilities of employed persons in the city were in the process of obtaining a personal payment window established by the PS.
The old-age insurance for the population of urbanization, as set out in Article 314: the Shenzhen City, the basic old-age insurance scheme for the urbanization population in the sanctuary area, is implemented in accordance with the Regulations and the provisions.
In accordance with the changes, the provisions of the Convention were renumbered.

Annex: Implementation of the Social Care Insurance Regulations for Enterprise Employees in the Zhentz Economic Region (Amendment 2006).
Article 1 establishes this provision for the further improvement of the old-age social insurance system for business employees, in accordance with the provisions of the Social Insurance Scheme for Business Employers in the Shenzhen Economic Zone (hereinafter referred to as the Regulations).
Article 2 states that the time taken to participate in the work is the beginning of the contributory period (considered to be the contributory period).
Article 3 employees of non-residents working in this city, who are certified by their home-based social insurance agencies that have been involved in local old-age insurance, are no longer involved in the old-age insurance in the city; they have been returned to the enterprise and themselves in proportion to their contributions.
Persons who have retired in the field or processed for internal regeneration, as well as those who have migrated to the city after the retirement age established by the State, are not included in the old-age insurance coverage of the city. Payments of old-age premiums have been paid in this city, which have been returned to the enterprise and himself on the basis of the proportion of the contributions paid; they have been retired in the city to remove their eligibility to receive pension insurance treatment and have been recovered by the municipal social insurance agencies.
Article IV employees shall not participate in old-age insurance at the same time in the two-year-old insurance integrated regions. Staff members should choose to participate in the old-age insurance; they do not choose to participate in the old-age insurance scheme in this city, repeat their contributions to the old-age premiums paid in the current city during the old-age insurance period, and their contributions are returned to the enterprise and themselves in proportion to their contributions.
The minimum wage for this month, as set out in Article 8 of the Regulation, applies to the monthly minimum wage for the place of residence registered in the enterprise and business or the place of operation.
Article VI, after 1 July 1996, the labour, personnel sector approved the replacement of employees who were over-aged into the city, shall pay the excess-age premium. The calculation of the excess-age premium is that the average salary scales for the first-year-old-up worker in the current city of Upperi, at the time of entry, x the length of time. In this regard, the proportion of payments is calculated at 30 per cent to less than 1 per cent of the year of age for the period from 1 July 1996 to 31 January 2001 for the period from 1 July 1996 to 31 January 2001 as follows: the actual age-35 (redeployment of workers' status) or 45 (investigation of their status), the calculation of the excess-year limit of the number of employees entering the city after 1 February 2001 is as follows:
When the employee is transferred to the city, the enterprise does not pay the excess nutrient premium as prescribed, and the employee may lodge a complaint, report or apply for arbitration in accordance with article 50 of the Regulations. The employee may reproduce his/her own contributions for reasons such as late failure to lodge a complaint, report or application for arbitration, or for the reasons of the bankrupt closure.
Article 7.
Article 8 calculates the basic pension in accordance with the provisions of article 29, paragraph 1 (i), of the Regulations, the contributions are less than one year and the contributions are converted into one month by 1 December.
Article 9

The employee's monthly payment rate is the average monthly salary of the employee when the employee pays a monthly payment. Of these, the following are the monthly payment index:
(i) The monthly payment index for staff members who participated in the work until 31 July 1992;
(ii) The monthly rate of contributions for the period from 1 August 1992 to 31 January 2001 for the period from 1 August 1992 to 31 January 2001 for the period from 1 August 1992 to 31 January 2001 shall be calculated in accordance with paragraph 6 of this article;
(iii) After 1 August 1992, the demobilization of military personnel, veterans, transgender soldiers and forces in the city were divided into their workers, and the monthly payment rate for the period from 1 August 1992 to the date prior to the settlement;
(iv) After 1 July 1996, the labour, personnel sector approved the replacement of employees who had reached the current city and had paid higher-age premiums, which were calculated in excess of one-year limit of 1 August 1992;
(v) Employees retired in January-June, the annual and previous monthly payment indices are calculated at the average monthly salary of the current and previous-year pay in the first two-year-old occupier in the occupier, respectively, at the time of retirement;
(vi) Employed by the urban (zone) labour, personnel sector approval of the re-entryed staff, untransfer of old-age insurance relationships and old-age insurance payments at the time of entry, as well as transfer of old-age insurance relations and old-age insurance payments without pay records or recalculation of 0.4 after 1 August 1992 and the payment index was calculated at 0.4 per cent.
Article 10. Staff members shall be transferred to the old-age insurance relationship (convener pay records, sub-prime) and old-age insurance benefits when they are approved by the municipal (zone) labour, personnel sector, which is recalculated in accordance with article 9 of this provision.
Article 11. The calculation criteria for the transitional pension are: the percentage of the average monthly wage of the individual index.
The proportion of enjoyment is determined by:
(i) No more than 25 years before 31 July 1992, the proportion of which was paid by 31 July 1992 was x 1.2 per cent;
(ii) By 31 July 1992, the amount of payment was 30 per cent+ (from 31 July 1992 to 25 per cent).
Article 12
(i) Fixed workers who participated in the work by 31 July 1994;
(ii) Access to old-age insurance after retirement.
Transitional subsidies are calculated at a rate of 10 dollars per year before July 1994.
Article 13. The dry or worker status of the employee's retirement is determined to be executed in accordance with the relevant provisions of the State.
Article 14. Retirements of non-residents who have access to basic old-age insurance treatment by month are treated with inpatient health insurance treatment and local supplementary health insurance treatment.
Article 15. Business has reached the age of retirement in the first time of the processing of the old-age insurance payments in my city and has retired in the business, and the old-age premiums of retired workers shall be payable by the enterprise upon the expiry of the retirement age. Retired employees are eligible for the retirement age in accordance with the monthly pension provision, and the municipal social insurance agencies began to pay their old-age insurance treatment after receipt. The old-age insurance treatment consists of the monthly pension insurance treatment to be paid by the employee at the time of the retirement age and the basic old-age insurance treatment for the part of the employee's adjustments after the retirement age and the treatment of the previous treatment is not repaid.
Article 16 of this city's household employees have reached the age of retirement but have been paid for years, and they may not be subject to an adoption old insurance treatment, which is requested by themselves to continue to pay. Revenues continue to be paid in the light of the flexibility of employed persons in the processing of payment charges, which should be paid by the unit. In order to meet the monthly pension conditions, EMSS ceased the collection of old-age premiums and the employee's application for the payment of old-age insurance treatment by month. The treatment of old-age insurance is not enjoyed during the continuing payment period.
Article 17 Staff members shall be eligible for retirement age and in accordance with the monthly pension conditions, and shall be subject to timely retirement procedures and to discontinue payment of old-age contributions. In the absence of timely retirement, in addition to the approval of the extension of retirees by the municipal (zone) personnel sector, the municipal insurance agencies ceased collection of old-age premiums, which had been paid to return to the enterprise and himself on the basis of their contributions.
In the case of retirees who meet the monthly pension conditions, the municipal insurance agencies have approved old-age insurance treatment within 30 working days of the date of receipt of the application and receive prior non-payments from the date of receipt.
The staff member, with the approval of the extension of retirement by the commune (zone), paid the old-age premium during the retirement period without computation of the annual payment rate and did not include the calculation of the payment index; the personal contributions were partly taken into account in the accounts of the individual, and the unit's contributions were included in the FI.
Article 18
(i) Fixed workers who participated in the work by 31 July 1992;
(ii) Access to old-age insurance after retirement.
The specific criteria for the working age grant are: the basic pension for the first month of retirement - transitional subsidies) x The amount of contributions by 31 July 1992 was limited to 0.5 per cent.
Work-age benefits received from retired persons after 1 July 2006 were paid in local supplemental old insurance funds.
Article 19, which was retired by 31 July 1994, pays under the relevant provisions of the municipal government to supplement the old-age insurance fund at the local level.
In accordance with article 20, paragraph 3, of the Regulations, the proportion of employees retired during the five-year transition period, calculated according to the new approach and the original approach, is a specific proportion of treatment:
The proportion of retirements for the period from 1 July 2006 to 30 June 2007 was 10 per cent; between 1 July 2007 and 30 June 2008 was 30 per cent; between 1 July 2008 and 30 June 2009, the proportion was 50 per cent; the retirement rate for the period from 1 July 2009 to 30 June 2010 was 70 per cent; and the retirement rate for the period from 1 July 2010 to 30 June 2011 was 90 per cent.
Article 21 Staff members are engaged in special work types prescribed by the State, and their contributions for special work periods are not translated into the calculation of the pension insurance treatment.
In the case of the employee's retirement proceedings, the commune should draw the fingerprints of the retired person, who are obliged to provide their own fingerprints at the fingerprinting sites established by the PS.
Retires should provide one fingerprint each year, unproduced, and the municipal social insurance institutions ceased to pay for old-age insurance treatment since the month of the recuperation; after the retirements were supplemented by fingerprints, the municipal social insurance agencies continued to pay for the month since then and to supplement the old-age insurance treatment payments that had been discontinued during the delays.
The municipal social security institutions should properly preserve the fingerprints of retirees and not be used for other purposes.
Retires are unable to provide fingerprints and should provide effective means of subsistence at the request of the communes.
Article 23. The municipal labour security sector shall publish the adjustment criteria for the treatment of old-age insurance in July. The last half year retired persons began to participate in the adaptation to basic old-age insurance treatment from retirement; the next half-year retired persons started to participate in the adaptation to basic old-age insurance treatment. The adjustment for basic old-age insurance treatment is paid in the WAF.
Article 24 flows of employees between enterprises within the scope of application of the Regulations do not replace the old-age insurance personal accounts. The staff member ceased to pay the old-age premiums for other reasons, and the original personal accounts were retained and the personal accounts were uninterrupted.
Article 25
Article 26 reproduces by an agency's unit of business (convironmental units containing enterpriseization management, non-commercial units, etc.) or by an enterprise transfer agency's business unit, whose old-age insurance treatment of retired persons has been implemented in accordance with the relevant provisions of the municipal government.
Article 27 Commodity employees of the city are moved from the Integrated Unit of the Central Graduate Industries (hereinafter referred to as the deep-rooted industry units) to enterprises within the scope of the Regulations, when they are not redirected to pay their pension insurance premiums during the work of the deep-rooted sector units; the old-age relationship and old-age insurance payments during the period were transferred to the contributory period.
Upon 1 July 1996, the labour, personnel sector approved the redeployment of labour units in the deep-root sector and, at the time of entry, more than the municipal government provided for the redeployment of workers to the extent that the company was applicable to the Regulations, should pay the excess old-age premiums to the inflow units; after paying the excess-age premiums, the re-entry period should be considered as the contributory period.
Uncluded employees from the deep-rooted industry units to enterprises within the scope of the application of the Regulations, the duration of their pre-moval work was not calculated for the year of payment, which had been involved in the old-age insurance in the city before the movement, and its actual contribution rate in the city could be consolidated.
Article twenty-eighth employees with a commune and distributing old-age premiums are transferred to the city prior to the retirement of old-age insurance relationships and old-age insurance payments, which are confirmed by the Regulations and the present provisions, and the payment index is calculated in accordance with article 9 of this Article.
Article 29: Enterprises, employees participate in old-age insurance in a false capacity and the old-age insurance relationship is null and void, and their contributions are returned to businesses and individuals on the basis of their contributions.
The mobility described in this article refers to changes in the work of employees between enterprises within the scope of application of the Regulations, the enterprise units within the city and the deep industry units.
Article 31, ports, Macao and foreign personnel are employed in the city and are in accordance with the State's mandated conditions of participation, and are implemented in the light of the provisions of the non-residentholding.
Article 32 provides for the extension of the family to be implemented in the light of the provisions on the scope of the worker for the raising of the family.
Article 33
The old-age insurance for the population of urbanization, as set out in article 34 of the “Guhena Metropolitan Zone” and the Basic Care Transitional Scheme for Urbanized Populations in the Rollite Zone”, is implemented in accordance with the Regulations and the present provisions.
Article 33 XV provides for implementation effective 1 September 2002.