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Harbin Municipal Workers In Urban Enterprises And Individual Workers ' Basic Old-Age Insurance Scheme

Original Language Title: 哈尔滨市城镇企业职工和个体劳动者基本养老保险办法

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(Adopted by the 49th Standing Committee of the People's Government of Naarkohama on 6 February 2006 and issued by Decree No. 141 of 2 March 2006 on the date of publication)

Chapter I General
Article 1 promotes economic development and the maintenance of social stability in order to guarantee the basic life of the worker in the town after retirement and the elderly of the individual worker in the town, in accordance with the relevant provisions of the State and the province, to develop this approach in conjunction with the relevant provisions of my city.
Article II applies to basic old-age insurance for urban enterprises (hereinafter referred to as businesses) and their workers, urban self-employed workers (hereinafter referred to as individual workers).
Article 3 of this approach refers to the form of personal operation, personal partnership or family operation in the town, where the following persons are lawfully engaged in activities of profit:
(i) Individual business operators who receive a business licence and their admissions;
(ii) To receive other legal evidence, self-employed persons and free professions, flexibilities and other self-employed persons who do not need to conduct evidence and care (hereinafter referred to as other individual practitioners).
Article IV establishes a system of insurance for corporate workers and individual workers, and should uphold the principles of social solidarity and self-guafety integration, equity and efficiency, which are responsive to the level of socio-economic development and social sustainability.
Basic old-age insurance introduces social integration and a combination of individual accounts.
Article 5
Employers and individual workers have the right to basic old-age insurance treatment in accordance with the law for the years of age and the period of payment of basic old-age premiums.
Article 6.
Article 7.
The executive branch is responsible for the basic old-age insurance work within the Territory, in accordance with its mandate.
In accordance with this approach, the State, district, district and district (market) social insurance agencies perform specific basic old-age insurance.
The local tax sector is responsible for the collection of basic premiums.
Chapter II
Article 8. Enterprises should participate in basic old-age insurance coverage as prescribed by social insurance agencies.
Individual business and other individual operators shall participate in basic old-age insurance, in accordance with the provisions of the Social Insurance Agency, after receipt of evidence, note or legal income.
Article 9 Changes in the registration of business, artisanal or other individual operators or terminations by law shall be due to changes in or cancellation of basic insurance registration procedures by social insurance agencies within 30 days of the date of the change or termination.
Chapter III
Article 10 Sources of the Basic Insurance Fund:
(i) Basic old-age premiums paid by enterprises and their employees;
(ii) Basic old-age premiums paid by individual workers;
(iii) Interest income earned on basic old-age insurance funds and operating benefits;
(iv) Basic old-age premiums lag;
(v) Financial subsidies;
(vi) Other income.
Article 11. Enterprises should pay basic old-age premiums in accordance with 22 per cent of the average monthly salary of the current enterprise worker for the previous year.
The total wage of the enterprise is lower than the number and the amount of the employee's pay base for the personal contribution of the employee and as the corporate pay base.
Business workers should pay basic old-age premiums in accordance with the average monthly salary of 8 per cent of the previous year.
The employee's monthly salary was higher than the average monthly salary of 30 per cent for all-provinced employees, 3.0 per cent of the average monthly salary for full-time employees as the pay base for contributions and more than partial non-payment of basic old-age premiums; and the monthly salary of the employee was less than 60 per cent of the average monthly salary of the full-statused employee, reaching 60 per cent of the average monthly salary base for the full province employee.
Article 12. Individual business and business operators and other individual operators shall pay basic old-age premiums in accordance with the average monthly salary of employees throughout the previous year.
Employers of individual businesses should pay basic old-age premiums in accordance with 8 per cent of the average monthly salary of employees throughout the previous year. Individual business and industry workers should pay basic old-age premiums to 12 per cent of the average monthly salary of their employees throughout the previous year.
Individual workers have difficulty in paying basic old-age premiums on average monthly salary for their full-time workers, and, with the consent of the social insurance agencies, they can pay basic old-age premiums based on 60 per cent of the average monthly salary of the entire province worker.
Article 13 Employees of enterprises, individuals and businesses should pay their basic old-age premiums at a monthly rate, which is paid by businesses, individual businessmen and households in the payment of wages.
Article 14. The basic old-age premiums paid by business workers and individual workers do not serve as a base for individual income taxation.
Article 15. Enterprises and their workers and individual workers shall pay their basic old-age premiums in full monetary form without relief.
Article 16 pays the basic old-age premiums paid by the enterprise worker until the retirement age is provided, the retirement and revocation of the basic old-age premium.
Individual workers pay basic old-age premiums until the time is required for basic pensions.
Article 17 Basic old-age premiums are deposited in the financial sector with the funds of the Social Insurance Fund operated by the State or the State Control Unit's commercial banks.
The basic old-age insurance fund deposited in the bank is paid at interest rates for rural and urban residents that were released by the Chinese People's Bank for the same period. The interest earned is included in the Basic Pension Insurance Fund.
Article 18 The Social Integration Fund is administered separately with the Individual Accounts Fund. The Social Integration Fund shall not take up the personal accounts fund.
Article 19 is governed by income and expenditure lines by the Basic Insurance Fund, with exclusive funds, any unit and individual may not be allowed to remain, intrusive, misappropriated and shall not be used to balance the financial budget.
Local tax authorities, social insurance agencies may not draw any expenses from the basic old-age insurance fund and the requirements are included in the financial budget and are financed by financial resources.
Article 20 Budgets and accounts of the Basic Insurance Fund, prepared by the Social Insurance Agency, are reviewed by the same-level Labour Guarantee Administration, the financial sector is reviewed and submitted to the Government for approval by the Government of the people at the current level, which is carried out in a timely manner by the financial sector and is reported to the executive branch of labour security and to the executive branch and the financial sector reserve.
Chapter IV
Article 21 Uses of the Basic Insurance Fund:
(i) Basic pensions paid;
(ii) Adjustment of funds required for basic pensions;
(iii) Payment of funeral benefits for those who have received basic pensions;
(iv) Other expenditures provided by the State.
The Social Insurance Agency should establish a basic old-age personal account for workers and individual workers who participate in basic old-age insurance, in accordance with civil identification numbers, and participate in the basic pension insurance certificate.
Article 23 of the Social Insurance Agency should pay 8 per cent of the gross old-age premiums to business and individual workers on a monthly basis, to the personal accounts.
Individual accounts include the following:
(i) Basic old-age premiums paid by individuals;
(ii) The proportion of the monthly salary paid by the employee in accordance with the proportion of the employee's personal contributions prior to adjustments in the size of the individual account;
(iii) The interest earned and operational benefits of the accumulated storage of personal accounts.
The interest rate for the collection of personal accounts is regularly published by the Social Insurance Agency.
The balance of personal accounts continues to be counted after the corporate worker or the individual worker receives the basic pension.
Article 24 The Social Insurance Agency should publish the personal accounts stores on a regular basis for business workers and individual workers participating in basic old-age insurance, as well as establish a telephone access system and provide access services.
Article 25 The payment of basic old-age premiums continued, with a cumulative calculation of the collection of contributions and the stock of the individual accounts.
Article 26 Business workers and individual workers have changed employment units in the integrated region, with basic old-age insurance relations being transferred without the conversion of basic old-age insurance personal accounts and the transfer of personal accounts.
Cross-cutting regional changes in employment units are accompanied by the transfer of basic old-age insurance relationships and personal accounts stocks.
Chapter V Conditions and treatment of basic pensions
Article 27 employees participating in basic old-age insurance reached the age of retirement provided by the State, with the cumulative annual rate of payment (considered to as the same-payment period) not less than 15 years, which may be paid basic pensions by month.
Individual workers participating in basic old-age insurance reach the age of basic pension, which is less than 15 years for a cumulative pay period, can receive basic pensions by month.
Article 28 takes part in the business and individual workers who participate in the basic old-age insurance, in accordance with article 27 of this scheme, which consists of basic pension and personal accounts pension. Participation in the work prior to the introduction of a system of social integration and integration with individual accounts (hereinafter referred to as a combination of individual workers for corporate workers prior to the introduction of the Unidroit system), in accordance with article 27 of this scheme, the basic pension paid in the month is constituted by basic pensions, personal accounts and transitional pension.
Article 29 of the monthly standard of basic pensions, the average monthly average monthly salary for all provincial employees and the average monthly salary of the index for the year was base and the payment rate was 1% per year.
The monthly pension standards for the individual accounts, the number of personal accounts stored at the time of retirement is added to the corresponding monthly rates established by the State.
Transitional pension monthly standards, the average monthly salary for the full-time employee at the time of his retirement and the average pay index for himself, the contributory period, the transition factor 1.2 per cent.
Article 31 indexes the average monthly wage of contributions and the average monthly salary rate for full-time employees at the time of their retirement.
The average wage index for workers in basic pensions and transitional pensions is the average value of the annual wage index for the local application of the Unidroit system to their retirement.
Employers themselves are paying the salary index for the year, with the total annual wage paid for their own year.
In the event that the employee reached the age of retirement and personal workers under the State's pension and benefits for basic old-age insurance treatment, the contributory period was less than 15 years without access to basic old-age insurance treatment, the hiring of enterprise and individual business employees, the payment of personal accounts should be made one-time and the termination of the basic old-age insurance relationship, and the payment of basic pension insurance benefits to individual business and other self-employed workers should be payable on a one-time basis, and the termination of basic old-age insurance, in conjunction with the introduction of the previous system of payments, and the payment of an average pension payable for each year.
In accordance with article 32, enterprises with basic pensions are separated from retirees and individual workers, with personal accounts stocks completed, and the Social Insurance Agency continues to pay in the basic old-age insurance fund in accordance with the monthly pension standards of the former individual accounts.
Article XXIII allows early retirements (including dismissals, non-exclusive early retirements) due to illness or non-exclusive loss of labour capacity and national policies such as the insolvency of enterprises), and basic pensions are reduced accordingly by 2 per cent of their transitional pensions every year.
The methodology for reducing the calculation of transitional pensions is implemented in accordance with the relevant provisions of the province.
Article 344 Deaths of an enterprise worker who has not reached the statutory retirement age, the personal contribution portion of his personal account stocks is paid to its designated beneficiaries or legal successors at the same time ending the basic old-age insurance relationship; after retirement of a business worker, the personal accounts storage portion of the individual's accounts has not been paid, giving one-time beneficiaries or the legal successor, while at the same time ending basic old-age insurance relations. Transfers from the basic old-age premiums paid by the enterprise in the personal accounts are incorporated into the basic pension insurance fund.
Article 33 fifiers or other self-employed persons have not received or failed to receive the death of their personal accounts stores, the basic old-age premiums paid by the individual, the one-time payment to the designated beneficiaries or legal successors, and the termination of basic old-age insurance relations; the employment of the individual business and business occupants has not yet been paid or has not been paid for the loss of the personal account stocks, the personal accounts storage portion of the individual accounts stocks, which is paid to the designated beneficiaries or the legal successor, while ending the basic insurance relationship. The transfer of basic old-age premiums paid by individual business and industrial workers in the personal accounts is incorporated into the basic pension insurance fund.
Article XVI gives rise to an enterprise worker and an individual worker or to Hong Kong, Macao, Taiwan settlement, on the basis of proof that, upon his own request, the basic old-age premiums paid by individuals in the personal accounts may be paid on a one-time basis, while ending the basic old-age insurance relationship. The basic old-age premiums paid from businesses and individual businesses were transferred to the personal account component and incorporated into the Basic Insurance Fund.
Business departure from retirement, re-entry or settlement to Hong Kong, Macao, Taiwan provides a survival certificate every six months to receive basic pensions by its designated agent until his death. A lump-sum pension could also be chosen for a lump sum of personal accounts storage and no longer benefited from the improved treatment of the basic pension adjustment and terminated basic old-age insurance relationships.
Individual workers who have received basic pensions or settled in Hong Kong, Macao, Taiwan are provided with a subsistence certificate every six months, which may continue to receive basic pensions in the month until their death.
Article 37 Socialization of the basic pension is granted by the local Social Insurance Agency-designate.
Article 338 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 based on a proportional balance in the personal accounts and the basic pension insurance fund.
Chapter VI Oversight and management
Article 39 establishes the Municipal Social Security Fund Monitoring Committee consisting of representatives of the relevant government departments, business and individual workers' representatives, trade union representatives and representatives of retirees, responsible for monitoring the legal, regulatory, implementation and fund management of basic old-age insurance.
Article 40 The Social Insurance Agency should comply with the laws, regulations and regulations relating to basic old-age insurance, establish a sound management system and receive oversight inspections in the relevant sectors of labour security, finance, audit.
Article 40 of the Labour Guarantees Administration or the local tax sector shall provide relevant information, if any, to the extent that the corporate and individual workers are subject to inspection, by law, of the payment of basic pension premiums to enterprises and individual workers.
Article 42 provides support and assistance to the relevant sectors, units and units when the labour security administration or the local tax authorities investigate cases of gross old-age insurance payments.
Article 43, the Social Insurance Agency is entrusted by the Labour Security Administration, which may conduct inspections, investigations related to the payment of the basic pension insurance premiums.
Any unit or person of Article 44 shall be entitled to report on the offences committed by the insurance premium. The labour security administration or the local tax sector should be promptly investigated, processed in accordance with the provisions and kept confidential.
Chapter VII Legal responsibility
Article 42 does not provide for the registration, modification or cancellation of registration of social insurance, or for the amount of social insurance that is not reported to be paid in accordance with the provisions of the regulations, which is modified by the time limit of the administrative security order; in the case of serious circumstances, a fine of up to 5,000 dollars may be paid to the direct responsible supervisors and other directly responsible personnel; in exceptional circumstances, a fine of more than 5,000 dollars for the direct responsible and other direct responsibilities.
Article 46 does not pay or deduct the payment of basic old-age premiums, which is paid by the local tax authorities for a period of time and which has been outstanding after the date of payment of the unpaid contributions, receive a lag of 2 per kilometres from the date of payment and be punished in accordance with the relevant provisions of the State and province.
Enterprises have refused to pay social premiums and lags, and the local tax authorities have applied to the People's Court for mandatory payment under the law. The local tax sector may be dealt with in the light of the relevant provisions of the People's Republic of China Act on Tax Collection.
Article 47 deflects the basic pension, which is rectified by the Labour Guarantees Executive Order, collects the basic pension that is used and imposes a fine of 1000.
Article 48 interception, intrusion and diversion of the basic old-age insurance fund, is punishable by the relevant authorities in accordance with the relevant laws, regulations, regulations and regulations, as well as by the competent and other direct responsible persons, in accordance with the law; constitutes an offence, and criminal liability is prosecuted by law.
Article 49 of the Social Insurance-related institutions and their staff are not authorized, charged, converted to the basic old-age insurance fund, which is redirected by the superior administrative authorities; and administrative disposal is given to the competent and other direct responsibilities directly responsible.
Chapter VIII
Article 50, which refers to the period of the same payment, refers to the continuing working hours calculated in accordance with the State's provisions prior to the date of the actual contribution period.
The basic old-age insurance for non-commercial unit practitioners is implemented in accordance with this approach.
The basic old-age insurance for employees of the enterpriseization management unit is implemented in the light of this approach.
Article 52 provides for the installation of the basic old-age premiums for the enterprise's construction in accordance with the provisions of the Integrated Management Scheme for the Construction of Business Insurance in the city of Hara, which is carried out in accordance with the scheme.
Article 53 is implemented since the date of publication. The basic old-age scheme for business workers and practitioners of individual economic organizations was repealed by the Government of the people of Harhama on 3 June 1999.