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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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(The 57th ordinary meeting of the Government of Beijing, 4 December 2006 considered the adoption of the Decree No. 183 of 14 December 2006 of the Beijing People's Government Ordinance No. 183 of 1 January 2007).

Contents
Chapter I General
Chapter II Basic old-age insurance funds
Chapter III Individual accounts for basic old-age insurance
Chapter IV Basic old-age insurance treatment
Chapter V Legal responsibility
Annex VI
Chapter I General
In order to guarantee the basic life of the worker after retirement, the basic old-age insurance system has been developed in accordance with the Labour Code of the People's Republic of China and the relevant provisions of the State, in the light of the prevailing circumstances in the city.
Article 2
Town workers, self-employed and flexible workers who participate in basic old-age insurance are known as insured persons.
Article 3. The basic old-age insurance system upholds the principle of broad, adequate levels, reasonable structure and balance of funds.
Article IV. The municipal labour security administration is responsible for the organization, guidance, supervision and management of basic old-age insurance work throughout the city; the supervision and management of basic old-age insurance in this administrative area.
The Social Insurance Agency established by the municipal and district labour security administration is responsible for the specific work of the basic old-age insurance, such as registration, collection, payment and inspection of nuclear-related insurance under the law; the ISA is responsible for the development of a specific management system that regulates business processes.
Article 5. The financial sector is responsible for the financial supervision and management of the Fund, and the audit body is responsible for overseeing the payments and management of the Fund.
Article 6. The Beijing Municipal Social Insurance Monitoring Committee is responsible for monitoring the implementation of basic old-age insurance laws, regulations and policies and the management of the basic pension insurance fund.
The Social Insurance Monitoring Committee in Beijing consists of government representatives, business representatives, trade union representatives and retirees.
Article 7. The municipal labour security administration will be able to provide socialization services to retirees in the same sector.
Article 8 encourages businesses to establish an annual enterprise fund on the basis of their participation in basic old-age insurance and to promote the participation of insured persons in personal savings insurance.
Chapter II Basic old-age insurance funds
Article 9
(i) Basic old-age premiums paid by enterprises and insured persons;
(ii) Interests and other benefits for basic old-age premiums;
(iii) Financial subsidies;
(iv) lauruna;
(v) Other funds that could be incorporated into the basic pension insurance fund.
Article 10 Basic old-age insurance funds are included in the financial specialties of the Social Insurance Fund and are governed by income and expenditure lines.
Article 11. Enterprises and insured persons shall pay their basic premiums in full and on time.
The basic old-age premium paid by the urban worker is paid by the enterprise in which it is paid from its own salary. Business pays the basic old-age premium in monetary terms. The proportion of contributions and contributions determined in accordance with this provision is paid by the individual business and flexible employed persons.
Article 12 Employers pay their salaries on average monthly salary basis for the previous year, which are fully accounted for in accordance with the ratio of 8 per cent.
The salary base is less than 60 per cent of the average monthly salary of the previous year's employees in the city, 60 per cent of the average monthly salary in the previous year of the employee of the current city as the pay base of the pay; more than 30 per cent of the average monthly salary for the previous year's employees in the city, not taking into account the pay base for the payment of the basic pension.
Article 13 provides for the payment of basic old-age premiums at a rate of 20 per cent in proportion to the proportion of enterprises paying the salary base for all urban workers and as the corporate pay base. The basic old-age premiums paid by the enterprise are shown before the tax.
Article 14. Individuals and flexibilities in the town are paying the basic old-age premium at a rate of 20 per cent, with an average monthly salary of the previous year's employees, 8 per cent of which is taken into account in the personal accounts.
Article 15. The Social Insurance Agency shall establish payment records for the basic old-age premiums paid by the enterprise and the insured person and shall be responsible for the preservation and preservation of their integrity and security.
Enterprises and insured persons have the right to search for payment records.
Article 16 provides that the enterprise shall publish annually the payment of basic old-age premiums to the employee of this unit.
The municipal social insurance agency shall issue a notice of checking the receipt of the previous annual payment by 30 April each year and determine the time in the announcement for the reconciliation of the pay base and for the payment of basic old-age contributions.
Specific approaches to paying basic old-age premiums are developed by the municipal labour security administration.
Chapter III Individual accounts for basic old-age insurance
Article 17 The Social Insurance Agency shall establish a basic old-age insurance personal account for the insured person in accordance with the relevant provisions of the State (hereinafter referred to as an individual account).
Article 18
The personal accounts storage is calculated on the basis of the interest rate of the bank's deposit for the same period.
Article 19 After the death of the insured, the basic old-age premiums paid by individuals in the personal accounts or balance may be inherited by law and the remainder is incorporated into the basic pension insurance fund.
Article 20 Transfers of basic old-age insurance relations and personal accounts by the insured person in the context of the integrated or integrated flow of the city are governed by the relevant provisions of the State and the city.
Chapter IV Basic old-age insurance treatment
Article 21
(i) The basic pension of the insured person;
(ii) Death of burial benefits after the retirement of the insured person;
(iii) Costs for other payment projects provided by the State and the city.
In the event of difficulties in paying the basic old-age insurance fund, it is supported by the municipal financial sector.
The insured person is in compliance with the following conditions and has received the basic pension in the month following the month of approval by the Labour Guarantee Administration:
(i) To meet the conditions of retirement established by the State and to process the relevant procedures;
(ii) The cumulative payment of basic old-age premiums, as prescribed, is 15 years.
Basic pensions are granted by the Social Insurance Agency.
Article 23 participated after 1 July 1998 and was in compliance with the insured person who received basic pension conditions in the month, whose basic pension was composed of basic pension and personal accounts pension.
The monthly standard of basic pensions is based on the average monthly salary of the previous year's workers and the average monthly salary of their own index, which is distributed to 1 per cent every one year.
The monthly pension standards for the individual accounts are the sum of the personal accounts stored in the amount specified by the State.
Article 24 participated in work by 30 June 1998 and, after 1 January 2006, the insured person who met the basic pension conditions for the month, was granted a transitional pension in addition to the monthly pension and personal accounts pension. The specific transitional approach was developed by the municipal labour security administration, followed by the approval of the Government.
Article 25 reaches the age of retirement after 1 January 2006, but the individual's accumulated contribution rate was not granted a basic pension; the personal accounts were paid on a one-time basis to himself, while paying a lump-sum pension to terminate the basic old-age insurance relationship.
Article 26, who had been retired by 31 December 2005, had been granted basic pensions in accordance with the standards established by the former State and the city, and had implemented a normal pension adjustment scheme.
Article 27, after the death of the insured person, enjoys the payment of funeral benefits under the State's provisions and the payment of relief for the dependent family.
Article 28 Minimum standards for basic pensions for insured persons are developed by the municipal labour security administration in conjunction with the relevant departments and are published to the society after the approval of the Government. The minimum standard for basic pensions is adjusted in due course to changes in the economic development of the city and the consumer price index.
The basic pension paid by the insured person is less than the minimum standards and is given under the basic pension standards.
Article 29 imposes a regular adjustment system for basic pensions. Specific adaptation programmes are developed by the municipal labour security administration with the relevant sectors and are submitted to the relevant national departments for their implementation, with the consent of the Government.
Chapter V Legal responsibility
Article 33 does not participate in basic old-age insurance or in the payment of basic old-age premiums in full and on time, and is subject to administrative penalties under the provisions of the State Department's provisional regulations on social insurance payments, and the information on corporate offences is taken into account in accordance with this market enterprise credit information system; the loss of corporate benefits for the insured person's access to basic old-age insurance treatment, and the right of the insured person to claim compensation for the enterprise.
Article 31 states that enterprises and insured persons or other persons use multiple and intrusive means of buying the basic old-age insurance fund, which is returned by the Labour Guarantee Executive Order, and that, in accordance with the provisions of the State Department's Labour Safety Monitoring Regulations, the amount is charged to more than three times the fine of the amount, which constitutes an offence and is criminally liable by law.
Article 32, the Social Insurance Agency, the Pension Fund allocation agencies and their staff abuse their duties, provocative fraud,ys and neglect, rendering basic pensions unable to be paid in full on time or to result in the loss of the basic old-age insurance fund, to be converted by a labour guarantee executive order and administratively disposed of by the relevant departments to the competent and other direct responsible personnel directly responsible; and constitutes a crime and to hold criminal liability in accordance with the law.
Annex VI
Article 33 Adjustments to the size of the individual account and the underlying pension scheme were made effective 1 January 2006.
Article 34, paragraph 1, of the Minimum Wage Fixed for Urban Employers, and the payment base for the self-employed and flexibly employed. Specific adjustments were developed by the municipal labour security administration, followed by the approval of the Government of the city.
Article 33, paragraph 15, of this provision refers to the annual period of payment of basic old-age contributions by enterprises and workers in towns. Until a person pays the basic old-age premium, the continuing working age is calculated in accordance with national provisions. The number of contributions of individual business and flexibilities in the town is calculated on the basis of the actual contributions.
Article 36 Self-going units that have participated in basic old-age insurance in the city and their staff are guided by the implementation of this provision.
Article 37 The old-age insurance provision for industrial workers in Beijing City, issued by the Government of the people of Beijing on 6 April 1998, was also repealed.