Guangdong Province Workers Maternity Insurance Provisions

Original Language Title: 广东省职工生育保险规定

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(Consideration by the people's Government of Guangdong Province, on April 1, 2008 the 3rd standing by people's Government of Guangdong Province, on April 25, 2008 the 123th number released as of July 1, 2008) Chapter I General provisions article in order to safeguard the legitimate rights and interests of workers, and ensure access to basic financial compensation and medical care during the birth, in accordance with relevant laws and regulations, combined with the facts of the province, these provisions are formulated.
    Article in the administrative area of the province enterprises, individual economic organizations, non-governmental organizations such as the non-enterprise units (hereinafter called the employer) and formed labour relations of workers (hereinafter employees) of maternity insurance, these provisions shall apply.
    State organs, institutions, social organizations and established the labor contract of workers maternity insurance, in accordance with this regulation.
    Third maternity insurance shall be adhered to and cooperate to advance the principles of basic medical insurance for urban workers. The fourth people's Governments above the county level administrative departments of labor security maternity insurance work within their respective administrative areas.
    Social insurance agency in accordance with the provisions detailed in the maternity insurance work.
    Fifth according to article 29th of the interim regulations on the collection and payment of social insurance, maternity insurance premiums levied, payment within the administrative area of the province, governed by the regulations.
    Sixth maternity insurance fund and its income, maternity insurance benefits in accordance with State regulations, excluding the tax levy.
    Article seventh birth insurance pool level consistent with the urban workers ' basic medical insurance pool level.
    Central, army units stationed in the province, the provincial units, in accordance with the unit's involvement in urban workers ' basic medical insurance to its local maternity insurance.
    The eighth people's Governments above the county level financial, audit, human resources, health, population and family planning, drug, price, taxation, industry and Commerce administrative departments in accordance with their respective responsibilities, such as maternity insurance.
    Chapter II maternity insurance fund Nineth maternity insurance fund in accordance with the fixed income, balance of payments principles raised.
    Tenth maternity insurance fund consists of the following funds: (a) the employer pay maternity insurance fee; (b) interest on maternity insurance fund (iii) maternity insurance fees; (iv) subsidies and (v) other funds included maternity insurance fund by law. 11th birth premiums paid by the employer on a monthly basis.
    Employees do not pay maternity insurance premiums. Employer in accordance with employees ' gross pay pay a certain proportion of births in this insurance.
    Maternity insurance payment ratio by the respective co-ordinating district people's Government under maternity insurance benefits projects and expenses and expenses adjusted, up to total wages of staff and workers of the unit 1%.
    12th maternity insurance funds shall be deposited into the State-owned business, State-controlled banks to open accounts of the Social Security Fund, earmarking may not be diverted to any other use.
    Maternity insurance fund in accordance with the urban workers ' basic medical insurance fund interest calculation interest.
    13th maternity insurance fund does not cover the cost of: (a) is inconsistent with national and provincial urban workers ' basic medical insurance, maternity insurance and medical projects, medical services, medical facilities and related medical costs of regulation, (ii) because the cost of medical accidents; (c) the treatment costs of childbirth complications during delivery.
    Maternity insurance benefits article 14th chapter III workers enjoyed maternity insurance benefits, shall also meet the following conditions: (a) the employer for more than 1 years ' cumulative contributions of employees, and continue to pay for it; (b) in accordance with national and provincial population and family planning regulations. 15th maternity insurance benefits including: (a) reproductive heath care.
    Female workers during pregnancy, childbirth, because of pregnancy, childbirth or pregnancy termination in conformity with the provisions of the medical expenses incurred. (B) maternity allowance. Female workers enjoy maternity benefits during maternity leave. Maternity benefits to their respective base integrated and last year's average monthly wage of fully employed staff, in accordance with the regulations on maternity leave plan hair.
    Maternity benefits under my wage standard, the employer make up. (C) nutrition one-time childbirth allowance. By their co-ordinating district a percentage calculation of the annual average monthly wage of fully employed staff.
    Specific ratio determined by the integrated regional people's Government. (D) family planning costs.
    Including employees because of family planning implementation of placing or removing intrauterine devices, abortion, abortion, sterilization and complex through surgical incurred medical expenses. (E) the male workers ' holiday allowance.
    Insured men receive care of fake holiday allowance belongs to base integrated and last year's average monthly wage of fully employed staff, in accordance with the regulations of vacation time.
    Maternity insurance benefits provided for in the project, subject to subsection (a) shall pay out that paragraphs (b) to (e) are paid by the respective co-ordinating area people's Government. 16th bid for the treatment of workers maternity insurance procedures, local Township held by the employer (the street) of the population and family planning issued by the Agency related to the local social insurance institution.
    Bid for maternity benefits or nutritional supplement treatment of one-time delivery, should also prove baby birth, death or termination of pregnancy.
    17th article bid birth insurance treatment of term for: (a) birth medical, should in female workers pregnancy to birth or terminated pregnancy Qian bid; (ii) birth allowance, and one-time delivery nutrition subventions and offsite medical of birth medical, should in female workers birth or terminated pregnancy Hou 1 years within bid; (three) family planning surgery costs, should in surgery Qian bid; (four) male workers holiday allowance, should in its spouse birth Hou 1 years within bid.
    Late bid for, social insurance agencies shall not accept it.
    Employers not complying with the deadlines to the local social insurance agency for their insured employees bid for maternity insurance benefits, maternity insurance benefits by the employer of the employees in accordance with the integrated treatment project and standard cover.
    18th insured employees receive maternity insurance medical service should be designated medical institutions in urban workers ' basic medical insurance within select medical. 19th insured women workers in different places of pregnancy, childbirth or pregnancy termination, you can go to urban areas and social insurance agencies for the offsite medical procedures. Offsite medical birth occurred within specified standards of payment of the medical expenses in the integrated region, according to the actual amount incurred by maternity insurance fund.
    No additional payment. 20th insurants across integrated areas transform work units in the province, should be dealing with transfer of maternity insurance, maternity insurance transfer payment years.
    Social insurance agencies shall be granted.
    Transform work units, across the province, and transferred in accordance with the relevant provisions of the State.
    Fourth chapter management and supervision 21st article County above government labor guarantees administrative sector competent birth insurance work, perform following duties: (a) implement implementation birth insurance about legal, and regulations, and regulations; (ii) developed birth insurance reform programme and development planning, and organization implementation; (three) developed birth insurance Sentinel medical institutions management approach and is responsible for Sentinel medical institutions of qualification review; (four) Guide, and management, and supervision social insurance handling institutions of work;
    (E) to supervise the implementation of maternity insurance provisions (vi) audit of maternity insurance fund budget; (VII) other duties stipulated by laws and regulations.
    22nd provincial administrative departments of labor security in accordance with the State of urban employee basic medical insurance and maternity insurance drug list, medical projects, health care facilities and related medical treatment regulations, developing corresponding implementing standards and methods in the province. 23rd article levels social insurance handling institutions specific hosted birth insurance work, perform following duties: (a) developed birth insurance business process; (ii) handle birth insurance registration; (three) according to provides is responsible for birth Insurance Fund of management; (four) and Sentinel medical institutions for birth insurance medical costs and family planning surgery costs settlement; (five) according to provides approved and paid birth insurance treatment; (six) for employing units and workers provides birth insurance query service; (seven) prepared birth Insurance Fund budget, and
    Final accounts; (VIII) other duties stipulated by laws and regulations.
    Maternity insurance businesses contracting out 24th handling social insurance requirements included in the budgets from financial appropriation.
    25th article County above government financial sector is responsible for following about birth insurance work: (a) birth insurance financial accounting system of developed, and implementation and supervision check; (ii) birth Insurance Fund financial designed households accounting work; (three) audit social insurance handling institutions proposed of birth insurance fund with paragraph plans and knot balance of arrangements,; (four) meeting trial birth insurance fund payments pre accounts.
    26th article population and family planning departments or institutions shall provide insurance proof of family planning.
    27th above county level Oversight Committee on maternity insurance fund of the social insurance fund payments, manage and monitor the implementation of maternity insurance provisions. 28th fifth chapter legal liability premiums for an employer is not required to pay maternity, collection and payment of social insurance institutions ordered to pay late is still not paid, except to pay unpaid amount, plus late fees in accordance with the regulations.
    During unpaid maternity insurance, maternity insurance benefits for their own workers of the employer by the employer in accordance with the integrated treatment project and standard pay to their workers.
    Article 29th of obtaining maternity insurance benefits from the social insurance agency to recover the total amount defrauded in serious cases, more than 5000 Yuan by the administrative departments of labor security under 10000 Yuan fine.
    30th article Government, and administration sector and social insurance handling institutions and staff violation this provides, has following behavior one of of, superior organ should ordered its corrected, recovered misappropriated, and loss of payments; constitute crime of, law held about responsibility people of criminal; is not constitute crime of, on about competent personnel and directly responsibility personnel law give administrative sanctions: (a) unauthorized increase, and relief birth insurance fee, and interest or late fees of; (ii) not by provides paid birth insurance treatment of;
    (C) abuse of power, negligence, resulting in loss of maternity insurance fund (iv) interception, embezzlement, embezzlement, corruption of maternity insurance fund.
                                                            Sixth chapter supplementary articles article 31st these provisions come into force on July 1, 2008.