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Old-age insurance for urban and rural residents in Changsha

Legal subjectivity:

Old-age insurance for urban and rural residents in Changsha Nowadays, how to provide for the aged has become a social problem. In order to achieve this goal, China is constantly exploring and perfecting the existing old-age insurance system. According to the basic principles and policies of national endowment insurance, Changsha Municipal Government has formulated and promulgated the Measures for Basic Endowment Insurance for Urban and Rural Residents in Changsha. This method explains in detail the objects, payment methods, payment standards and related contents of the basic old-age insurance for urban and rural residents in Changsha. Policy Document: Implementation Time of Basic Old-age Insurance for Urban and Rural Residents in Changsha: 2010/Chapter I General Provisions Article 1 In order to further improve the social old-age security system of coordinating urban and rural areas and gradually realize the social construction goal of providing for urban and rural residents, according to the Guiding Opinions of the State Council on Launching the Pilot Project of New Rural Social Old-age Insurance (Guo Fa [2009] No.32) and the Hunan Provincial People's Government on Article 2 Urban and rural residents who have registered in this city and have reached the age of 16 (excluding students at school) and have not participated in the basic old-age insurance for employees of government agencies and institutions may participate in the basic old-age insurance for urban and rural residents. Article 3 The basic old-age insurance system for urban and rural residents adheres to the principle of "ensuring basic, wide coverage, flexibility and sustainability". Article 4 The basic old-age insurance for urban and rural residents shall combine individual accounts with basic old-age pensions, and individual contributions, collective subsidies and government subsidies. Article 5 The software of the basic old-age insurance system for urban and rural residents shall be unified throughout the city, and the data shall be centrally managed at the municipal level. Chapter II Organizational Structure and Main Duties Article 6 The municipal administrative department of human resources and social security is in charge of the basic old-age insurance for urban and rural residents in the city, and is responsible for compiling the development plan of the basic old-age insurance for urban and rural residents; Formulate relevant supporting policies for basic old-age insurance for urban and rural residents; Organize and publicize the basic old-age insurance policy for urban and rural residents; Carry out business training; Audit the budget and final accounts of the basic old-age insurance for urban and rural residents in conjunction with relevant departments; Supervise the income and expenditure and operation of the basic old-age insurance fund for urban and rural residents. District, county (city) human resources and social security administrative departments are responsible for the organization and implementation of the basic old-age insurance for urban and rural residents within their respective administrative areas. City social insurance agencies for urban and rural residents (hereinafter referred to as the city agencies) is responsible for the development of the city's basic old-age insurance for urban and rural residents operating procedures and management system; To undertake the business guidance of the basic old-age insurance agencies for urban and rural residents in the city; Prepare the budget and final accounts of the basic old-age insurance fund for urban and rural residents in the city; To undertake the informatization construction and management of basic old-age insurance for urban and rural residents; Compile financial accounting and related statistical reports of basic old-age insurance for urban and rural residents, and undertake statistical summary and reporting of information. Article 7 When a district or county (city) government establishes a basic old-age insurance management service institution for urban and rural residents (hereinafter referred to as the district or county (city) institution), it shall incorporate the basic old-age insurance for urban and rural residents into the economic and social development plan, the government subsidy funds for the basic old-age insurance for urban and rural residents into the annual special financial budget, and the endowment insurance for urban and rural residents and the availability of financial subsidy funds into the annual target management assessment system. District, county (city) agencies specifically undertake the work of urban and rural residents' basic old-age insurance registration, fund collection, treatment approval and payment, and preparation of annual budget and final accounts; Responsible for the business guidance and training of towns (streets) and villages (communities). Eighth towns (streets) to arrange full-time staff responsible for the basic old-age insurance for urban and rural residents, the district and county (city) finance to fully arrange the work funds, included in the annual special budget. Ninth finance, supervision, auditing and other departments in accordance with their respective responsibilities, coordinate the supervision and management of the basic old-age insurance fund for urban and rural residents. The financial department will incorporate government subsidy funds into the annual special budget to ensure that the funds are in place on time. Public security, civil affairs and other departments shall, according to their respective responsibilities, do a good job in data collection of basic old-age insurance for urban and rural residents. Chapter III Payment of Endowment Insurance Premium Article 10 The basic endowment insurance premium for urban and rural residents shall be paid annually. The payment standard is 100 yuan, 200 yuan, 300 yuan, 400 yuan and 500 yuan * * *, which will be adjusted in time according to the relevant regulations of the state and provincial governments in the future. The insured person chooses the payment grade independently, and pays more. Eleventh conditional collective economic organizations, to participate in the basic old-age insurance for urban and rural residents to give subsidies, subsidy standards by the village (neighborhood) committee held a village (neighborhood) people's meeting (or villagers' representative meeting) to determine the democratic, not more than three times the maximum payment level of the insured. Encourage other economic organizations, social welfare organizations and individuals to provide financial support for the insured. Twelfth insured personal account funds accumulated in full, including: (a) personal pension insurance premiums and interest; (2) Collective subsidies and interest; (3) government subsidies and interest; (4) Other income and interest. Thirteenth insured persons shall pay the annual fee, and the cumulative payment period shall not be less than 15 years. However, since the date of implementation of these Measures, if the insured person reaches the age of 60, he may not pay the old-age insurance premium, and if conditions permit, he may pay the old-age insurance premium in one lump sum according to the above payment grades and standards15; If the insured person is over 45 years of age but under 60 years of age, the annual payment is allowed, but the cumulative payment period does not exceed 15 years. Article 14 Individual accounts of basic old-age insurance for urban and rural residents shall bear interest every year with reference to the one-year RMB time deposit rate of financial institutions announced by the People's Bank of China. Fifteenth government subsidies to the insured (excluding payment), the subsidy standard is 30 yuan per person per year. The county (city) government will increase 5 yuan's payment subsidy for each additional payment grade. Article 16 The district and county (city) governments shall pay 65,438 yuan of old-age insurance premiums for the unemployed in urban and rural areas. Seventeenth severely disabled people in urban and rural low-income households, the district, county (city) government according to the "low guarantee" and "disabled card" to pay the old-age insurance premium 100 yuan each year. Other severely disabled people, the county (city) government pays part of the old-age insurance premium on the basis of the disabled card, and the specific standards are determined by the county (city) government. Chapter IV Treatment of Old-age Insurance Article 18 If the insured meets one of the following conditions, he shall enjoy the basic old-age insurance treatment for urban and rural residents on a monthly basis from the month following the age of 60. (a) the cumulative payment period 15 years; (two) on the date of the implementation of these measures, the personnel who have reached the age of 45 shall pay the insurance premium annually. (III) On the date of implementation of these Measures, the elderly in urban and rural areas who have reached the age of 60 and have not enjoyed the basic old-age insurance benefits and other retirement benefits for employees of urban enterprises may receive the basic pension on a monthly basis without paying fees, but their children who meet the insurance conditions shall pay insurance premiums. Nineteenth basic old-age insurance for urban and rural residents consists of two parts: personal account pension and basic pension. Personal account pension is paid by personal account, and the monthly standard of personal account pension is: the amount of personal account storage divided by the number of months of personal account pension for basic old-age insurance stipulated by the state (139 months). The city implements a unified basic pension standard, 60 yuan per person per month. Encourage the insured to pay for a long time, and pay more. The insured has paid more than 15 years. Every payment 1 year, the basic pension 0.5 yuan will be increased every month (excluding the payment period). Twentieth establish a basic pension adjustment mechanism. According to the relevant provisions of the state and province, the specific adjustment plan is proposed by the municipal human resources and social security department in conjunction with the municipal finance department and implemented after being approved by the municipal government. Article 21 If the insured fails to pay the old-age insurance premium according to the provisions of Article 13 of these Measures and does not meet the conditions for receiving the old-age pension as stipulated in Article 18, the funds in his personal account will be refunded in one lump sum. Twenty-second insured died during the payment period, personal account funds returned to their legal heirs or designated beneficiaries. Article 23 If the insured dies while receiving the pension, he shall cease to enjoy the pension benefits from the month following his death, and the balance of funds in his personal account shall be returned to his legal heir or designated beneficiary in one lump sum. Twenty-fourth basic old-age insurance benefits for urban and rural residents shall be socialized monthly. People who receive welfare should be eligible. In case of death during treatment, the immediate family members or the local village (community) should go to the local town (street) to go through the relevant procedures within 1 month of his death and terminate the pension insurance relationship. Chapter V System Cohesion Article 25 Persons who have received pensions in accordance with the provisions of the new rural social endowment insurance system on the date of implementation will directly transition to the basic endowment insurance for urban and rural residents and receive pensions in accordance with the basic endowment insurance for urban and rural residents. Those who have participated in the new rural social endowment insurance and have not reached the age of receiving it shall participate in the endowment insurance for urban and rural residents and continue to pay. Its new rural social endowment insurance personal account funds are merged into its urban and rural residents' personal accounts, and the payment period of the new rural social endowment insurance is included in the payment period of urban and rural residents' endowment insurance. Article 26 Before the implementation of these Measures, those who have participated in the basic old-age insurance for employees of urban enterprises, have reached the statutory retirement age but have paid less than 15 years, and do not meet the conditions of the basic old-age insurance for employees of urban enterprises, can transfer the funds from the personal accounts of the basic old-age insurance for urban employees to the personal accounts of the basic old-age insurance for urban and rural residents, and pay the old-age benefits according to the relevant provisions of the basic old-age insurance for urban and rural residents. Article 27 If you have participated in the basic old-age insurance for urban and rural residents and then participated in the basic old-age insurance for urban enterprise employees, and the payment period of the basic old-age insurance for urban enterprise employees has reached 15 years, you can transfer the funds from the personal account of the basic old-age insurance for urban and rural residents to the personal account of the basic old-age insurance for urban enterprise employees and reach the legal retirement age, and calculate the pension benefits according to the calculation method of the basic old-age insurance benefits for urban enterprise employees. Twenty-eighth because of the project land acquisition and demolition need to requisition land, and in line with the "Changsha city land acquisition compensation implementation measures" (No.2004) provisions. Municipal government 103), which will be included in the basic old-age insurance for urban enterprise employees. The insurance premium paid in the basic old-age insurance for urban and rural residents can be transferred to the personal account of the basic old-age insurance for urban enterprise employees. Article 29 The basic old-age insurance system for urban and rural residents should be well connected with policies and systems such as the late resettlement support policy for reservoirs, the rural family planning reward and assistance policy, the rural five-guarantee system, the social preferential treatment and the rural minimum living guarantee system. Before the introduction of relevant policies by the state, the insured persons of basic old-age insurance for urban and rural residents still enjoy other social security benefits according to the current policies. Article 30 All districts and counties (cities) shall, in accordance with the requirements of the Notice of the General Office of Hunan Provincial People's Government on Forwarding the Implementation Plan for Audit and Rectification of Rural Social Endowment Insurance Fund in Hunan Province (No.26/KLOC-0 [2008] of Hunan Zhengban), earnestly do a good job in the audit and rectification of the original rural social endowment insurance fund and the refund of insurance premiums. Chapter VI Fund Management and Supervision Article 31 Establish and improve the financial accounting system of the basic endowment insurance fund for urban and rural residents. According to the relevant provisions of the National Financial System of Social Insurance Fund and Accounting System of Social Insurance Fund, the basic old-age insurance fund for urban and rural residents is included in the financial special account of social security fund, with two lines of revenue and expenditure management and separate accounting. No unit or individual may misappropriate it. Thirty-second urban and rural residents basic old-age insurance personal account funds to implement centralized management at the municipal level, the balance of funds into the financial accounts of urban and rural residents basic old-age insurance, the annual settlement. District, county (city) financial year 1+00 days before the last year's personal account balance funds transferred to the municipal financial accounts. District and county (city) agencies and financial departments set up fund income households, expenditure households and financial accounts respectively in the unified financial institutions in the city. Thirty-third urban and rural residents' basic old-age insurance individual contributions and basic pension government subsidies are included in the annual budget management of the government. Thirty-fourth basic old-age insurance for urban and rural residents, basic pension and individual account funds are managed separately. The basic pension cannot occupy the personal account fund, and the personal account fund can only be used for the insured to pay the personal endowment insurance premium when they are old. No department, unit or individual may lend, misappropriate, occupy or withdraw in advance. The balance of individual account funds is maintained and increased in accordance with the relevant provisions of the state. Article 35 If an agency and its staff abuse their powers, engage in malpractices for selfish ends or neglect their duties, resulting in the failure to pay the basic old-age insurance benefits for urban and rural residents in full and on time or the loss of the old-age insurance fund, the human resources and social security department shall order them to make corrections, and the relevant departments shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel; Suspected of a crime, transferred to judicial organs for handling according to law. Article 36. Those who apply for or impersonate pension insurance benefits by means of forged documents shall be ordered to return by the district, county (city) human resources and social security department; Suspected of a crime, transferred to judicial organs for handling according to law. Chapter VII Supplementary Provisions Article 37 The detailed rules for the implementation of these Measures and related management systems shall be formulated separately by the Municipal Human Resources and Social Security Bureau in conjunction with the Municipal Finance Bureau. Article 38 These Measures shall come into force as of July 1 day, 2065.

Legal objectivity:

Article 12 of the full text of the Social Insurance Law of People's Republic of China (PRC) * * * The employer shall pay the basic old-age insurance premium according to the proportion of the total wages of employees stipulated by the state and record it in the basic old-age insurance pooling fund. Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual accounts respectively.