Conversion of service years in special industries

Interim Measures of the State Council on Retirement and Resignation of Workers (Guo Fa [1978] 104No.)

Article 1 Workers of enterprises, institutions, state organs and people's organizations owned by the whole people shall retire if they meet one of the following conditions:

(a) men over 60 years of age, women over 50 years of age, continuous service for ten years.

(2) Those who are engaged in underground, high altitude, high temperature, particularly heavy manual labor or other jobs harmful to health, and have reached the age of 55 for men and 45 for women, and have worked continuously for ten years.

This provision also applies to grassroots cadres whose working conditions are the same as those of workers.

(3) The male has reached the age of 50, the female has reached the age of 45, and has worked continuously for ten years, and has been certified by the hospital and confirmed by the labor appraisal committee, and has completely lost the ability to work.

(four) work-related disability, proved by the hospital, and confirmed by the labor appraisal committee, completely lost the ability to work.

Article 2 After retirement, workers shall be paid a monthly retirement fee according to the following standards until their death.

(1) Those who meet the conditions in Items (1), (2) and (3) of Article 1 and participated in the revolutionary work during the War of Resistance against Japanese Aggression period shall be paid 90% of their standard salary. Those who participated in revolutionary work during the War of Liberation were paid 80% of the standard salary. After the founding of the People's Republic of China, those who participated in revolutionary work and worked continuously for 20 years will be paid 75% of their standard salary; Those who have worked continuously for fifteen years but less than twenty years shall be paid 70% of their standard salary; Those who have worked continuously for ten years but less than fifteen years will be paid 60% of their standard salary. If the retirement fee is less than twenty-five yuan, it will be paid at twenty-five yuan.

Notice of the Ministry of Labor and Social Security No.8 [1999] on Stopping and Correcting Issues Related to Handling Early Retirement of Enterprise Employees in Violation of State Regulations

First, we must strictly implement the state regulations on retirement age and resolutely stop early retirement in violation of regulations. The legal retirement age of employees in enterprises in China is 60 for men, 50 for women and 55 for female cadres. Engaged in underground, high altitude, high temperature, particularly heavy manual labor or other jobs harmful to health (hereinafter referred to as special jobs), the retirement age is 55 years old for men and 45 years old for women; Disabled due to illness or non-work-related disability, certified by the hospital and confirmed by the labor appraisal Committee, the retirement age is 50 years for men and 45 years for women.

(four) the labor and social security departments should strengthen the management and approval of special types of work. Enterprises with special types of work shall submit the list of special types of work, the actual number of employees and the list of personnel engaged in special types of work and the time of engaging in special types of work to the municipal labor and social security department every year. Employees who retire according to the retirement conditions of special types of work must have worked in this type of work for a total of 65,438+00 years, engaged in underground and high-temperature operations for 9 years, and engaged in other jobs harmful to health for 8 years.

Notice of Liaoning Fazheng [20065438+0] No.24 on Printing and Distributing the Implementation Measures for Improving the Basic Old-age Insurance System for Urban Enterprise Employees in Liaoning Province (for Trial Implementation)

From July, 20065438 1 day, the proportion of employees (including farmers' contract workers, the same below) paying the basic old-age insurance premium was uniformly adjusted to 8% of their wages, and all of them were included in their personal accounts. The proportion of personal account is adjusted from 165438+ 0% of my contribution salary to 8%.

Nine, the basic pension consists of basic pension and personal account pension. Employees who have reached the statutory retirement age and whose individual payment period (including deemed payment period, the same below) has reached 15 years (cumulative individual payment period 12 months is 1 year) will receive the basic pension on a monthly basis. If the individual contribution is less than 15 years, the basic pension will not be paid, and all the amount stored in the individual account will be paid to me in one lump sum. After retirement, those who take part in the work before the establishment of personal accounts will be given transitional pensions on the basis of basic pensions and personal account pensions.

The monthly standard of basic pension is 20% of the average monthly salary of employees in this city in the previous year when they retire. If the payment period exceeds 15 years, the average monthly salary of employees in this city in the previous year will be increased by 0.6% every year. The monthly standard of personal account pension is the accumulated storage amount in my personal account divided by 120.

The calculation and payment method of transitional pension is unchanged, and the transition coefficient is uniformly adjusted from the original 1.4% to 1.2%. For those who retire within 3 years after the implementation of these measures, if the basic pension calculated by the new method is lower than the amount calculated by the original method, the difference will be made up. The original industry planning method is higher than the provisions of these measures, and subsidies are still increased according to the original proportion.

(3) Employees who are engaged in toxic, harmful, high-altitude, moderate and particularly heavy manual labor retire, and the length of service 1992 of special jobs before June 30 can continue to be converted according to state regulations. When calculating the transitional pension, the conversion period shall not exceed 5 years at most.

Policy basis and length of service conversion of special types of work

Policy basis for identifying special jobs. When determining whether the work of employees conforms to the scope of special types of work, it is based on the catalogue of special types of work uniformly stipulated by the Ministry of Labor. The original industry enterprises implement the catalogue of special jobs promulgated by the original industry and ministerial level. When handling early retirement for special types of work, the original records of employee files shall prevail. If the record is not standardized, a detailed list of post allowances for special jobs in the corresponding year shall be listed.

According to the provisions of Guofa [1978] 104 and Liao [200 1]24, before 1992 1, the time spent working in a special type of work is converted into length of service. Namely: downhole high temperature work 1 year is converted into 1 year and 3 months; 65,438+0 years of work harmful to health is converted into 65,438+0 years and 6 months. When calculating the transitional pension, the converted additional years shall not exceed 5 years at most. After July 1992 and 1, the length of service for special jobs will not be converted.

Notice of Document No.8 of the State Council issued by the Ministry of Labor and Social Security [2000] 13

According to the Notice of the State Council on Printing and Distributing the Interim Measures for the Resettlement of Old, Weak, Sick and Disabled Cadres in the State Council and the Interim Measures for the Retirement and Resignation of Workers in the State Council (Guo Fa [1978] 104No.), the basic pension will not be reduced except during the early retirement of special jobs.

The document Liaolaozi [1986] 150 "Opinions on Several Issues Concerning the Implementation of the" Four Detailed Rules "of the People's Government of Liaoning Province" stipulates: "After the planned temporary workers are recruited by our company as labor contract workers during working hours, their last time as temporary workers in our company can be combined with the working hours after being recruited as labor contract workers to calculate the continuous length of service. The time to participate in the work is counted from the day when he worked as a temporary worker in this unit for the last time. "

What is the deemed payment term?

Answer: The Interim Measures for the Management of Individual Accounts of Employees' Basic Endowment Insurance stipulates that the deemed payment period refers to the continuous service period calculated according to the national policy before the actual payment period of the insured employees.

Notice of the general office of the Ministry of Labor on printing and distributing the Interim Measures for the management of individual accounts of employees' basic old-age insurance

16. Working hours refer to the time when the insured employees take part in work for the first time.

17. The deemed payment period refers to the continuous working period calculated according to the relevant provisions of the state before the actual payment period of the insured employees.

According to the relevant definition in the revised draft of "Detailed Rules for the Implementation of People's Republic of China (PRC) Labor Insurance Regulations" promulgated by 1953, "general length of service" refers to the working time when workers and employees take wage income as their whole or main source of livelihood, and what we usually call "total length of service" can also be called cumulative working years. Moreover, the working life of this enterprise refers to the time that workers or staff work continuously in this enterprise.

Notice on Issues Concerning the Basic Old-age Insurance for Employees in Urban Enterprises Liao Lao She Fa [2004] No.50

3. Before the termination of the labor relationship between the employee and the enterprise, during the working period in the enterprise, the accumulated working years of the post engaged in special types of work reached the retirement years of special types of work stipulated by the state, and those who worked in other enterprises or individual industrial and commercial households and engaged in freelancing can apply for retirement while continuing to pay the basic old-age insurance premium, and reach the retirement age of special types of work stipulated by the state and the payment years (including deemed payment years) reached 15.

How to calculate the basic pension for pilot retirees?

Basic pension consists of basic pension and personal account pension. Employees who have reached the statutory retirement age and whose individual payment period (including deemed payment period, the same below) reaches 15 years (the cumulative individual payment period is 12 months as one year) receive the basic pension on a monthly basis. If the individual contribution is less than 15 years, the basic pension will not be paid, and all personal accounts will be stored and paid to me in one lump sum.

After retirement, those who take part in the work before the establishment of personal accounts will be given transitional pensions on the basis of basic pensions and personal account pensions.

The basic pension standard is 20% of the average monthly salary of employees in this city in the previous year when they retire. If the payment period exceeds 15 years, the average monthly salary of employees in this city in the previous year will be increased by 0.6% every year.

The monthly standard of personal account pension is divided by the accumulated storage amount of my personal account and adjusted to 120.

The calculation and payment method of transitional pension is unchanged, and the transition coefficient is uniformly adjusted from the original 1.4% to 1.2%.

If you retire within 3 years after the implementation of the pilot, if the basic pension calculated according to the new method is lower than the amount calculated according to the original method, make up the difference.

Basic pension calculation formula:

S=X+Y+Z

S- monthly basic pension

X- monthly basic pension

Y- monthly transitional pension

Z- monthly personal account pension

x = c 1÷ 12×[20%+(N- 15)×0.6%]

Y=F×N 1×P

f = c 1/ 12×[(a 1/c 1+a2/C2+…an/cn)÷n]

These include:

N- Total payment period (including deemed payment period, but excluding additional years for special work, and less than 12 months will not be counted)

N 1 is the payment period before the personal account is established.

P is the transition coefficient of transitional pension-1.2%.

F is my indexed monthly average payment salary.

A 1, a2…an is the salary of employees one year, two years …n years before retirement.

C2 c 1...CN is the average annual salary of employees ... n The year before retirement (this industry is the average salary of employees in the whole province).

N is the payment period since the implementation of the individual payment system.

Z = m/ 120m is the total amount of personal accounts.

Example: A male employee of an enterprise was born on August 3rd, 194 1 year, joined the work in August, 960, and retired in August, 200 1 year. From July 1992 to July 1, individual payment will be implemented. The annual payment salary is 1.408 yuan, 3,445 yuan, 4,505 yuan, 4,965 yuan, 5,578 yuan, 6,230 yuan, 6,743 yuan, 78,465,438 yuan +0 yuan, and 8,563 yuan respectively. In the same period, the average annual wages of employees in the city were 2,800 yuan, 3,345 yuan, 4,405 yuan, 4,900 yuan, 5 198 yuan, 580 1 yuan, 6,090 yuan, 65 17 yuan and 6,995 yuan, respectively, and the accumulated payment period of this employee was 4/kloc-0. The payment period (including deemed payment period) before the establishment of individual account is 35.25 years, 1.996, 1 month. After the establishment of the personal account, the amount of personal account storage is 8942 yuan. How to calculate the basic pension according to the new method?

Calculated according to the above provisions:

(1) basic pension

x = c 1÷ 12×[20%+(N- 15)×0.6%]

=6995÷ 12×[20%+26×0.6%]

= 582.9 1 yuan× 35.6%

= 207.52 yuan

(2) Transitional pension

Y = f× n 1× p (plus 25 yuan)

f = c 1÷ 12[(a 1/c 1+a2/C2+…an/cn)÷n]

= 6995/ 12× [( 1408/ 1400+3445/3345+4505/4405+4965/4900+5578/5 198+6230/)

Y = 628.17× 35.25×1.2%+25 yuan = 290.72 yuan.

Note: 1992 The individual payment period of employees is half a year. When calculating the indexation of the current year, the average wage of employees is calculated on a half-year basis.

(3) Personal account pension

Z = m/ 120 = 8942/ 120 yuan = 745 1 yuan.

Total amount of basic pension that employees receive every month when they retire:

S=X+Y+Z

= 207.52 yuan +290.72 yuan +74.5 1 yuan.

= 572.25 yuan

The basic pension calculated according to the original method (omitted) is 5 17.63 yuan, so the new method is higher than the old one. Therefore, the employee's monthly basic pension is 572.25 yuan.

Basic pension calculation formula

Basic pension = basic pension+personal account pension+transitional pension = the average monthly salary of employees in the whole city in the year before retirement ×20%+ personal account principal and interest and indexed monthly average payment salary ×120+payment period before the end of 0997 × 1.2%.

The calculation formula of pension is: monthly pension = basic pension+personal account pension+transitional pension. The basic pension is based on the average monthly salary of local employees in the previous year before retirement ×20% (the payment period is less than 15 15%), and the personal account pension is equal to the sum of personal account principal and interest divided by the withdrawal period.

The endowment insurance in China has gone through five stages: (1) from the founding of the People's Republic of China to the institution 1958. Marked by the promulgation of the Labor Insurance Regulations. (2) Two documents, 1958-19781958, were issued, and clear measures were taken to form a standardized old-age insurance system. (3) 1978 to 1993, further adjusted and improved. Document [78] 104 was issued to establish a retirement system. (4) From 1993 to 1998, adjustment and transition period. Our province has formed an endowment insurance system oriented to the socialist market economy. (5) Since1998, it has been a standardized period for the development of endowment insurance.

76 years ago, it can be divided into: 1, the creation stage (5 1-57). Xibaipo * * * with the program proposed to implement 5 1 on February 2. 2. Adjustment and improvement stage (58-65 years old). During this period, 60 men and 55 women are required to retire (55 men and 45 women retire early) and resign. 3. Serious damage stage (66-76 years). Change back to enterprise insurance (69 years). 4. Reconstruction and reform stage (76 years to present). The publication of document [78] 104 has its historical position.

What is the scope of social security?

Five insurances and one gold: endowment insurance, medical insurance, industrial injury insurance, unemployment insurance, family planning insurance and housing accumulation fund.

Not everyone who participates in social security has five insurances and one gold.

On-the-job personnel and individual retirees: only the first two or one, the rest can't participate.

Coverage 1, on-the-job employees 2, individual industrial and commercial households 3, migrant workers

Notice on Printing and Distributing the Implementation Measures for Improving the Basic Old-age Insurance System for Urban Enterprise Employees in Liaoning Province (Trial) Liao [20065438+0] No.24 Pension consists of basic pension and personal account pension. Employees who have reached the statutory retirement age and whose individual payment period (including deemed payment period, the same below) reaches 15 years (cumulative individual payment period 12 months is 1 year) receive basic pension on a monthly basis. If the individual contribution is less than 15 years, the basic pension will not be paid, and all the amount stored in the individual account will be paid to me in one lump sum. After retirement, those who take part in the work before the establishment of personal accounts will be given transitional pensions on the basis of basic pensions and personal account pensions. The monthly standard of basic pension is 20% of the average monthly salary of employees in this city in the previous year when they retire. If the payment period exceeds 15 years, the average monthly salary of employees in this city in the previous year will be increased by 0.6% every year. The monthly standard of personal account pension is the accumulated storage amount in my personal account divided by 120.

Payment policy

1. On-the-job employees: 465438+ 0% of the total income, of which the company pays 30%.

1 1% individual payment

1 1%-8% endowment insurance

2% medical insurance

1% unemployment insurance

Family planning insurance and industrial injury insurance are paid by enterprises.

4 1%, 8% goes into personal account.

The rest enter the society as a whole.

From July 2003 to June 2004, the minimum monthly payment base of individual industrial and commercial households and individual workers in Dalian was between 600-3,000 yuan, and the monthly social endowment insurance fee was between 65,438-008 yuan -540 yuan, so there was even less time for collection.

First, the collection policy

1, collection terms

Two conditions: the payment must be over 15 years.

Reach the statutory retirement age, both are indispensable!

That is, the legal retirement age for men is 60 years old, and the legal retirement age for women to participate in insurance before the age of 45 is 50 years old, and they will participate in insurance before the age of 35 at the latest.

Medical care: 25 years. If the medical expenses are not paid in full after retirement, the remaining premiums should be made up in one lump sum.

2. Collection method:

The composition of pension: basic pension, personal account pension and transitional pension.

Second, the collection policy.

1, basic pension: the monthly standard is 20% of the average monthly salary of employees in our city in the previous year when they retire. If the individual payment period exceeds 15 years, 0.6% of the average monthly salary of our city in the previous year will be added for each year exceeding 1 year.

Formula: basic pension = last year's social wage ÷ 12×20%+ (cumulative payment period-15 )× 0.6%]

2. Personal account pension: the monthly standard is the accumulated amount of personal account when employees retire120.

Formula: personal account pension = personal account accumulated amount/120.

3. Transitional pension:

Indexed monthly average payment salary × (deemed payment period+conversion period of special jobs )×1.2%+adjustment fund.

Among them, the indexed monthly average payment wage: social wage ×0.6%.

Conversion period of special type of work: 1 year, equivalent to 1.5 years, with a maximum of 5 years.

Adjustment fund: 6 1 yuan per person per month in Wa, Pu and Zhuanghe, and 9 1 yuan in other areas.

Pension = basic pension+personal account pension+transitional pension

for instance

For example, someone was born in July 195 1 year, retired in July/200 1 year, worked in a drug post 1970, and worked in a drug post before the end of 1993/. Accumulated personal account deposits 7226.

1, the total payment period of this person is1September 1970-July 2006 5438+0, ***30 years 10 months, that is, 30.8 years (0.8% for one month).

2. The payment period before the personal account is established is 65438+September 0970-65438+February 0992, and ***22 years and 3 months is 22.24 years.

3. The conversion period of special jobs is 5 years.

Namely: personal account pension = 7226.35/ 120 = 60.22 yuan.

Basic pension = 913× 20%+(30.8-15 )× 0.6%

=9 13×『20%+ 15.8×0.6%』

=9 13×0.2948

= 269. 15 (yuan)

Indexed average monthly salary = 913× (1993-2001annual paid salary/average salary of employees) /8

=9 13×6.337÷8

=9 13 ×0.79

= 723. 1 (yuan)

Transitional pension = 723./kloc-0 /× (22.24+5 )×1.2%+91.

=327.45 yuan

Monthly basic pension = 60.22+269. 15+327.45

= 656.8 (yuan)

Characteristics of social security

1, which cannot be fully credited to personal account. 2. Low level and wide coverage. 3. The payment is not fixed and increases every year. 4. There is current interest and no dividend.

5. No risk protection. The amount to be collected in the future is not fixed.

Reply of the General Office of the Ministry of Labor and Social Security on the issue of calculating the length of service of employees under the labor contract system No.323 [2002] issued by the Ministry of Labor and Social Security.

Guizhou Provincial Department of Labor and Social Security:

Your request for instructions on the calculation of the length of service of employees under the labor contract system (No.312002 of Guizhou Labor Society) has been received. After study, the reply is as follows:

For temporary workers recruited in accordance with the relevant provisions, who are converted into enterprise labor contract workers, their last working hours in the enterprise as temporary workers and their working hours after being recruited as labor contract workers can be combined and calculated as continuous service. The continuous length of service of temporary workers before the implementation of social pooling of endowment insurance in the local area can be regarded as the payment period; Temporary workers in the local implementation of social pooling of old-age insurance after the continuous length of service, should be required to pay old-age insurance premiums, and calculate the payment period. Failing to pay the old-age insurance premium can not be calculated as the payment period or payment period.

What are the special posts in mining enterprises? Decree No.4 of the Ministry of Labor, Regulations for the Implementation of Mine Safety Law in People's Republic of China (PRC)

Article 37 Coal mine gas inspectors, blasters, ventilators, signalmen, canning workers, electricians, metal welding (cutting) workers, mine pumps, gas pumping workers, main fans, main hoisters, winch workers, conveyor workers, tail miners, safety inspectors, motor vehicle drivers and other special operators shall receive special technical training and pass the examination. The examination and certification of special operations personnel shall be conducted in accordance with the relevant provisions of the state.