Tibet Autonomous Region Workers Maternity Insurance Schemes

Original Language Title: 西藏自治区职工生育保险办法

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  Chapter I General provisions article in order to safeguard the legitimate rights and interests of workers, protect their fertility or birth control surgery shall enjoy maternity insurance benefits for the period, according to the People's Republic of China Law on social insurance and the People's Republic of China and other relevant laws and regulations of the law on the protection of women's rights, combined with State practice, these measures are formulated.

Second autonomous region level State organs, institutions, social organizations, enterprises, privately-run non-enterprise unit, individual economic organizations and other social organizations (hereinafter referred to as the employer), shall participate in the maternity insurance for their workers or employees (hereinafter employees) pay maternity insurance premiums.

Public welfare jobs employment staff maternity insurance policy in accordance with the Tibet Autonomous Region, implementation of the interim measures for the development and management of public welfare jobs.

Third State social insurance administration is responsible for guidance, coordination, supervision and management of workers maternity insurance work in conjunction with the departments concerned adjusted reproductive insurance payment standards and other related policy programmes, reported to the municipality for approval; around the (cities) and counties (districts) within the administrations responsible for the administration of social security of workers maternity insurance management services, and so on.

Social security administration departments at all levels of the autonomous region's social insurance agency (hereinafter the Agency) undertake registration of birth insurance and childbearing insurance premium collection, documentation, management, and treatment of paid work; establish maternity insurance fund for business handling processes, security and risk management systems, fund accounting systems, accounting and internal audit systems, compiling related statistics.

All levels of the health and family planning, finance, auditing, price and other administrative departments, as well as trade unions, women's federations and other organizations, according to their respective duties, in collaboration with staff maternity insurance.

Fourth maternity insurance fund the implementation of State-level planning, territorial management, uniform systems of collection, unified account, unity, unified settlement allocated.

Fifth chapter maternity insurance fund maternity insurance fund constituted by the following funds: (a) the employer pay maternity insurance fee; (b) interest on maternity insurance fund (iii) maternity insurance fees; (iv) other funds included maternity insurance fund by law.

Sixth maternity insurance fund for the following expenditures: (a) workers, unemployed and underemployed spouses of workers maternity surgical medical expenses or family planning, (ii) maternity benefit during maternity leave of employees; (c) workers, unemployed and underemployed spouses of workers maternity one nutritional supplement; (d) other expenses included maternity insurance fund by law.

The seventh maternity insurance fund in accordance with ' fixed income, and balanced budget ' principle to raise, State organs, institutions, social organization in accordance with the total wages of staff and workers on duty 0.7% pay maternity insurance premiums, all types of enterprises, privately-run non-enterprise unit, individual economic organizations and other social organizations in accordance with the employees 0.5% pay maternity insurance premium in wages, employees do not pay maternity insurance premiums.

Childbearing insurance premium payment, collection and management of the specific measures, in accordance with the interim regulations on the collection and payment of social insurance, social insurance and pay regulations apply. Eighth employer (new since the date of establishment of the employer in the 30th) should be handled at the social insurance agency, where maternity insurance registration and payment formalities, and monthly pay maternity insurance.

Maternity insurance shall not be relief. Employing units for difficult, reasons temporarily cannot timely full paid birth premium of, by local social insurance handling institutions verified, social security administrative sector approved, can suspended paid, sustained paid term most long shall not over 6 months, sustained paid during workers still can enjoy birth insurance treatment; for closed, and was revoked, and declared bankruptcy, reasons law terminated or change Shi, should to registration of social insurance handling institutions handle change procedures, and law settlement owes paid of birth insurance fee, and interest and the late fees; was merger, and transfer, and

Leasing and contracting units by the accepting unit responsible for the payment of maternity insurance.

Nineth article employing units continuous payment insufficient 12 months or parameter insurance Hou interrupted payment of, owes fee during, its workers and the workers not employment spouse birth or implementation family planning surgery during occurred and birth insurance about of costs, birth insurance fund not paid, but workers and the workers not employment spouse birth still enjoy birth insurance treatment, its birth insurance treatment by employing units according to autonomous regions provides of standard be paid. Tenth the employer shall faithfully report the number of fully employed staff and wages; actual staff roster, payroll tables, financial accounting records and other relevant information.

Above information shall not be forged, altered, misrepresent, conceal or hide. Employers ' average contribution wage of fully employed staff below last year's monthly average wage of fully employed staff 60% in the autonomous region, according to the region for the last year calculated on the monthly wage of fully employed staff 60%; 300% than last year's monthly average wage of fully employed staff, in accordance with last year's total monthly wage of fully employed staff 300% calculations; could not be determined, calculated in accordance with last year's average monthly wage of fully employed staff.

Employee payroll project identification in accordance with national statistical offices.

11th fiscal full allocation of childbearing insurance premium paid by employer and budget arrangements balance balance of funding institutions in the financial budget of the grant funds and own funds in Liechtenstein; all kinds of enterprises, privately-run non-enterprise unit, individual economic organizations and other social organizations pay maternity insurance premiums, expenditures from the labor insurance fees and its own funds.

12th maternity insurance fund into the financial account, the implementation of "two lines of income and expenditure" management, separate record-keeping, accounting, storage, earmarking accounts, no unit or individual may intercept or misuse and misappropriation.

Maternity insurance fund by autonomous region (City) social insurance agencies and State-owned commercial banks, the financial sector's "income households, accounts, expenses, household" for storage and expenditure (City) financial sector agencies should be monthly collection of maternity insurance fees and Government subsidies, special interest income paid in a timely manner, such as autonomous regions financial account.

Maternity insurance fund and its proceeds, excluding taxes and fees.

Maternity insurance benefits chapter 13th employee, unemployed persons and the unemployed spouses of workers maternity, or family planning medical expenses for the operation, the implementation of fixed lump sum settlement, settlement by the Social Security Administration Department of the autonomous region together with the financial, health and family planning sectors separately. 14th employee maternity or pregnancy termination, the implementation of maternity benefits during ligation.

Before receiving maternity benefits continued to pay their salaries, receive a maternity allowance, have received salaries deducted in full from the maternity allowance. Maternity allowance in accordance with the workers ' organization and workers for the last year the average monthly base salary divided by 30 days, the times should enjoy a childbirth allowance days.

Maternity benefits by the social insurance agency a one-time maternity insurance fund to pay for the insurance units, by insurance units after deducting the recipients pay in full and on time payment to workers.

Workers enjoy maternity benefits less than my birth or termination of pregnancy, before implementing the ligation of wage, some employees make up the difference.

Unemployed and unemployed spouses of workers not entitled to maternity benefits. 15th worker bears entitled to 120 days of maternity (antenatal leave of 15 days).

Following circumstances improved access to maternity benefit days: (a) childbirth, an additional 15 days, (ii) multiple births, every birth of a baby, an additional 15 days, (iii) two or more infants 4 months and older, an increase of 30 days; (d) the prescribed first for females, an additional 30 days.

Meet two or more of the preceding paragraph, enjoy maternity benefits of days accumulated.

Employee growth period, the spouse entitled to 15 days of attendance allowance, standard according to the maternity allowance calculation.

16th worker for family planning of surgical termination of pregnancy, enjoy maternity benefits.

(A) pregnancy 2 months following terminated pregnancy (containing natural abortion, and abortion, with) of, enjoy 20 days birth allowance; (ii) pregnancy 2 months (containing 2 months) above 4 months following terminated pregnancy of, enjoy 30 days birth allowance; (three) pregnancy 4 months (containing 4 months) above terminated pregnancy of, enjoy 50 days birth allowance; (four) ectopic pregnancy of, enjoy 50 days birth allowance; (five) implementation lost eggs (fine) tube ligation surgery of, enjoy 20 days birth allowance.

In (a) to (d), the termination of pregnancy at the same time place the IUD, implementation of subcutaneous implant surgery increased by 3 days, 5 days of maternity benefits.

Article 17th of workers maternity insurance in my area, as well as agricultural and pastoral areas to have medical insurance or health care system, reproductive medical expenses do not pay twice.

18th employee, unemployed persons and the unemployed spouses of birth in accordance with the regulations, send one nutritional supplement, standards for the region's annual average wage of fully employed staff on 1%.

Article 19th of workers, unemployed persons and the unemployed spouses of workers enjoyed maternity insurance benefits, shall also meet the following conditions: (a) in line with the national population and family planning law, regulations and relevant policy provisions of the autonomous region, (ii) the employer in accordance with this approach take advantage of maternity insurance and pay 12 months in a row. 20th article workers, and unemployment personnel and the workers not employment spouse enjoy birth insurance treatment, should submitted following proved: (a) received birth insurance treatment of application; (ii) family planning management sector issued of birth card original and the copies; (three) couples both ID, and marriage certificate original and the copies; (four) medical institutions issued of was born medical proved, and baby death proved, and birth or implementation family planning surgery medical proved, original proved material; unemployment workers except submitted above (a) to (four) items material

Also submitted to the Tibet Autonomous Region, employment service agencies audit recipients of unemployment insurance benefits of the employment registration card original and copy; unemployed spouses of workers in addition to the above (a) to (d) of the material, or spouse shall be submitted to the unit where the village (neighborhood) Committee proof of work units.

21st agencies should be on materials submitted by the applicant for approval in a timely manner, in line with conditions shall be accepted as of the acceptance date of 30th, authorized workers and the unemployed spouses of workers maternity insurance benefits should be enjoyed, and one-time calculation; does not meet the requirements, shall be notified in writing in a timely manner.

22nd in order to ensure that the financial allocation unit insurants childbirth allowance paid, employer, days, number of units should be entitled to maternity benefits allowance, amount, and other details of summary tables financial Department on time.

Fourth chapter administration and supervision of the 23rd article of any organizations or individuals the right to violate the law reports, complaints of acts of birth insurance. The social security administration departments at all levels, health and family planning, finance, auditing, price and other administrative departments belonging to the departments mandate reports, complaints should be dealt with according to law, do not fall within the mandate of the Department, shall be notified in writing and hand over power to deal with the Department.

Competence to deal with the sector should be processed in a timely manner, no excuse.

Article 24th maternity insurance units and individuals believe that their lawful rights and interests are infringed upon, may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law; individual maternity insurance benefits dispute with the employer, may apply for mediation, arbitration, litigation. 25th levels of social security, health and family planning, finance, auditing, price and other administrative departments and trade unions, women's federations and other organizations within the scope of their respective duties, the law on maternity insurance fund payments, supervise and inspect the situation of management, drug prices if necessary joint verification employer employee payroll form, financial accounting records and other relevant information.

Verification component should be the employer's secrets.

Daily supervision and inspection of supervision and inspection, periodic special inspection and acceptance report checking with a combination of approaches.

26th fifth chapter legal liability the employer does not apply for registration of birth insurance, by the social security administration a rectification; fails, the employer should pay maternity insurance 1 time more than three times the amount of a fine, directly responsible to the charge and the other persons of less than 500 Yuan and 3,000 yuan fine.

27th the employer fails to pay the premium of maternity, collected by the social security agencies ordered to pay or make up, and from the date of default of payment, plus five out of 10,000 late fee on a daily basis; still fails to pay the past due, default of payment 1 time more than three times the amount of a fine.

28th is imposed by the social insurance institution unauthorized birth insurance contribution base, the rates, resulting in less or more birth insurance, by the Social Security Administration Department of the autonomous region to order recovery of the payment of maternity insurance fee or refund should not pay maternity insurance fee; directly responsible in charge and other direct liable persons shall be given administrative sanctions.

29th, social insurance agencies and their staff without undue delay actual allocation to arbitrarily increase or decrease, suspension of maternity insurance benefits, the social security Administrative Department shall be ordered to correct; losses caused to a maternity insurance fund, employers or individuals shall bear liability; directly responsible in charge and other direct liable persons shall be given administrative sanctions. 30th article violates these provisions, conceals, transfers, to embezzle maternity insurance fund, by the Social Security Administration Department, financial Department, Audit Department be ordered to recover; directly responsible in charge and other direct liable persons shall be given administrative sanctions.

A suspected crime, transferred to judicial organs for handling.

31st medical institution in violation of the provisions of article to the relevant mainland authorities, individual proof of false birth or family planning surgery in serious cases, revoked by relevant departments directly in charge of personnel and other persons directly responsible for licensing. Articles 32nd to any organization or individual as a means of obtaining maternity insurance benefits fraud, by the social security administration ordered to return the birth insurance fraud and fined not more than the amount defrauded more than twice times five times.

A suspected crime, transferred to judicial organs for handling.

Sixth chapter supplementary articles article 33rd days of maternity benefits as natural days, including statutory holidays.

State family planning policies of workers maternity leave days when days enjoy maternity benefits and standard synchronous adjustment, as determined by the Social Security Administration Department of the autonomous region, in conjunction with health and family planning, Finance Department of the autonomous region. 34th these measures come into force on the date of promulgation. March 1, 2007 implementation of the maternity insurance for urban workers in Tibet Autonomous Region (Tibet Autonomous Region people's Government, the 76th) repealed simultaneously.