Provisions Of Basic Endowment Insurance In Beijing

Original Language Title: 北京市基本养老保险规定

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(December 4, 2006 the 57th Executive meeting of Beijing municipality on December 14, 2006 183th promulgated by the people's Government of Beijing municipality as of January 1, 2007) contents chapter I General provisions chapter II chapter III of the basic old-age insurance fund for basic old-age insurance personal accounts of fourth basic old-age insurance benefits the fifth chapter legal liability sixth chapter supplementary articles article I of chapter I General provisions to protect workers after retirement
    Basic life, improve the basic old-age insurance system, according to the People's Republic of China labor law and relevant regulations of the State, considering the actual situation in the city, these provisions are formulated.
    Article in the administrative area of the city of enterprise labor relations and the formation of urban employees, urban individual and flexible employees, shall, in accordance with the provisions of participating in the basic old-age insurance.
    Participating in the basic old-age insurance for urban workers, individual and flexible employees, collectively referred to as the insured.
    Article adhere to the basic old-age insurance system covering broad and level appropriate, reasonable structure, principles of fund balance.
    Fourth municipal labor and social security Administrative Department is responsible for the Organization, direction, supervision and management of the city's basic old-age insurance work district and county administrative departments of labor security supervision and management of basic old-age insurance work within their respective administrative areas.
    The municipal, district and county administrative departments of labor security social insurance agencies, legally responsible for registration, collection, payment and audit the specific work of the basic old-age insurance;, social insurance agencies responsible for the development of specific management system, standardize business processes.
    Fifth financial sector is responsible for financial oversight and management of the basic old-age insurance fund; audit institutions are responsible for the basic old-age insurance fund revenue and expenditure and management oversight.
    Sixth Beijing social security Supervisory Committee is responsible for the basic old-age insurance laws and regulations, implementation of regulations and policies, as well as to supervise the management of basic old-age insurance fund.
    Beijing social security Supervisory Committee is composed of government representatives, business representatives, trade union representatives and representatives of retired personnel.
    Seventh of municipal administrative departments of labor security in conjunction with the relevant departments in social management for enterprise retirees, and provide social services for retirees.
    Eighth to encourage enterprises participating in the basic old-age insurance based on Enterprise annuity and promote insured personal savings-oriented endowment insurance.
    Nineth chapter basic old-age insurance fund basic old-age insurance fund consists of the following components: (a) enterprises and basic old-age insurance premium paid by the insured, (ii) basic old-age insurance premiums interest and other income (iii) subsidies and (iv) late fees, (v) other funds can be covered by the basic old-age insurance fund.
    Article the basic old-age insurance funds into the accounts of the Social Security Fund, the two lines of income and expenditure management.
    11th company and the insured shall pay basic old-age insurance premium on time and in full. Urban workers ' basic old-age insurance premium paid by law by the company withheld from their wages paid. Business in cash and pay basic old-age insurance premium in full.
    Town of individual industrial and commercial households and flexible employees shall be determined in accordance with the contribution base and pay monthly payment.
    12th my previous year's average monthly wage for urban workers to pay the wage base, paid in accordance with 8% of the basic old-age insurance, full personal accounts.
    Base salary lower than the previous year's average monthly wage of workers in this city of 60%, with the previous year's average monthly wage of staff and workers in the city 60% as base salary over part of the previous year's average monthly wage of employees 300%, not included in the salary base, not as the base for calculation of basic old-age pension. Article 13th full base salary for urban workers and as a business base salary, pay the basic old-age insurance premium in 20%.
    Basic old-age insurance premium paid by enterprises as pre-tax expenditures.
    14th urban individual and flexible employment workers ' monthly salaries to the city the previous year as base pay, pay the basic old-age insurance premium in 20%, of which 8% to personal accounts.
    15th social insurance agency shall enterprises and basic old-age insurance premium paid by the insured to establish payment records, and was responsible for saving, ensure its integrity, security.
    Enterprises and the insured have the right to query payment records.
    16th Enterprise shall each year make contributions to employees ' published last year in the basic old-age insurance.
    Social insurance agencies shall, before April 30 of each year issued notice check the insured payment records the previous year, and determined in the notice to check base pay and pay basic endowment insurance of time.
    Pay the basic old-age insurance of specific measures formulated by the municipal labor and social security administration departments.
    17th chapter III basic old-age insurance personal account social insurance agency shall, in accordance with the requirements established for the insured individual account in basic pension insurance (hereinafter referred to as personal account).
    18th individual account owned by the insured to pay basic endowment insurance and personal accounts interest on deposit amount constitutes.
    Individual accounts stored reference bank deposits of residents in the same period a year interest at the interest rate. 19th individual pension accounts store only for the insured, shall not be paid in advance.
    After the death of the insured, individuals account deposit amount or the balance in the basic old-age insurance premium paid by individuals and interest can be inherited according to law, and the remainder into the basic old-age insurance fund.
    20th the insured and manpower in this city within the flow or co-ordinating range, its basic old-age insurance and personal account of transfer, in accordance with the relevant provisions of the State and the municipality.
    Fourth chapter of basic old-age insurance benefits article 21st basic old-age insurance fund pay basic old-age insurance benefits: (a) basic old-age pension of the insured payment; (b) the insured death funeral benefit after retirement, and (iii) other payments stipulated by the State and the municipality fee.
    Basic old-age insurance fund payment difficulties, the municipal finance department to support it.
    22nd the insured meets the following conditions, since it was approved by the administrative departments of labor security of the month, monthly basic pension: (a) meet the State of retirement conditions and go through the relevant formalities, (ii) in accordance with the regulations today pay basic old-age insurance premium payment age limit of 15 years.
    Basic old-age pension granted by the social insurance agency is responsible for.
    23rd after July 1, 1998, to participate in work, meet the conditions for receiving a monthly pension the insured person, the basic old-age pension made up of individual account in basic pension and old-age pension.
    Basic pensions month standards to employees in this city last year the average monthly wage and I index of average monthly salary averages for base payment for every 1 year to 1%.
    Personal account month standard for individual accounts stored divided by the number sent months stipulated by the State. 24th prior to June 30, 1998, to work on January 1, 2006, meet the conditions for receiving a monthly pension after the insured, in addition to receiving a monthly pension base pension and personal accounts, to a transitional pension.
    Specific transitional measures shall be formulated by the administrative departments of labor security, submitted to the municipal people's Government for approval before implementation.
    After 25th of January 1, 2006 reached retirement age but personal cumulative period of contributions insured persons less than 15 years not to issue a basic old-age pension personal accounts stored once paid I, along with a one-time endowment compensation, termination of the basic old-age insurance.
    26th until December 31, 2005 persons already retired, according to the former State and city standards set a basic pension, normal adjustments and perform basic old-age pension.
    The 27th after the death of the insured, enjoy the funeral grant fees in accordance with national regulations and provide immediate relief. 28th the insured receives a basic pension minimum standards drawn up by the administrative departments of labor security in conjunction with relevant departments, and reported to the municipal people's Government for approval to the public.
    Minimum standards for basic old-age pension, with the city's economic development and changes in the consumer price index adjustment.
    Basic pension received by the insured is less than the minimum standard, issued in accordance with the minimum standards for basic old-age pension. 29th implemented basic old-age pension adjustment system.
    Adjustment programmes drawn up by the administrative departments of labor security in conjunction with relevant departments, approval of the municipal people's Government, and approved the implementation of relevant State departments.
    Fifth chapter legal responsibility 30th article enterprise not participate in basic pension insurance or not on time full paid basic pension premium of, by labor guarantees administrative sector ordered deadline corrected, according to State social security fee levy paid interim regulations of provides be administrative punishment, and will Enterprise violations of information law meter into this city enterprise credit information system; enterprise to was insurer enjoy basic pension insurance treatment caused loss of, was insurer right to requirements Enterprise compensation.
    31st company and the insured or other person using led, under false pretenses and other means of obtaining basic old-age insurance fund, the labor Security Administration Department is ordered to return, in accordance with the provisions of the regulation on labor security supervision of the State Council, 1 time times the amount defrauded more than 3 times the following fine constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 32nd social insurance agencies, pension funds transfer agencies and their staff abuse, malpractice, negligence, basic pensions on time and in full or cause a loss of basic old-age insurance fund, the labor Security Administration Department ordered corrective action and directly by the relevant departments of the responsible person in charge and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    The sixth chapter supplementary articles article 33rd personal account size and revised in the basic pension calculation method since January 1, 2006. Article 34th minimum base salary for urban workers, urban individual and flexible employees base pay adjustments put in place step by step.
    Specific adjustment measures shall be formulated by the administrative departments of labor security, submitted to the municipal people's Government for approval before implementation. 35th payment age limit mentioned in these regulations refers to and contributions duration of basic old-age insurance for urban workers. Before this, individual pay basic old-age insurance premiums, calculated in accordance with regulations of the State uninterrupted period of contributions.
    Urban individual and flexible employment period of contributions in accordance with the annual calculations of the actual payment.
    36th had been received from participating in the basic old-age insurance in the institution and its staff the reference implementation of this provision. 37th article of the regulations come into force on January 1, 2007.
            On April 6, 1998 issued by the Beijing Municipal People's Government of the Beijing urban pension insurance provisions (2nd order of Beijing municipality) repealed simultaneously.