What are the social security clauses?

Chapter I General Provisions Article 1 In order to ensure the basic livelihood of workers after retirement and improve the basic old-age insurance system, these provisions are formulated in accordance with the Labor Law of People's Republic of China (PRC) and the relevant provisions of the state, combined with the actual situation of this Municipality. Article 2 Enterprises within their administrative areas and urban workers, urban individual industrial and commercial households and flexible employees who have formed labor relations with them shall participate in the basic old-age insurance in accordance with these Provisions. Urban workers, individual industrial and commercial households and flexible employees who participate in the basic old-age insurance are hereinafter referred to as the insured. Article 3 The basic old-age insurance system adheres to the principles of wide coverage, moderate level, reasonable structure and balanced funds. The fourth municipal labor security administrative department is responsible for organizing, guiding, supervising and managing the basic old-age insurance in the city; The district and county administrative departments of labor security shall be responsible for the supervision and management of the basic old-age insurance within their respective administrative areas. The social insurance agencies established by the municipal, district and county labor and social security administrative departments shall be responsible for the registration, collection, payment, audit and other specific work of the basic old-age insurance according to law; Municipal social insurance agencies are responsible for formulating specific management systems and standardizing business processes. Article 5 The financial department is responsible for the financial supervision and management of the basic old-age insurance fund; Audit institutions are responsible for supervising the income and expenditure and management of the basic old-age insurance fund. Article 6 The Beijing Municipal Social Insurance Supervision Committee shall be responsible for supervising the implementation of laws, regulations, rules and policies on basic old-age insurance and the management of basic old-age insurance funds. The Beijing Municipal Social Insurance Supervision Committee is composed of representatives from the government, enterprises, trade unions and retirees. Article 7 The municipal labor security administrative department shall, jointly with relevant departments, do a good job in socialized management of enterprise retirees and provide socialized services for retirees. Article 8 Enterprises are encouraged to establish enterprise annuities on the basis of participating in basic old-age insurance, and insured persons are encouraged to participate in personal savings old-age insurance. Chapter II Basic Endowment Insurance Fund Article 9 The basic endowment insurance fund consists of the following parts: (1) Basic endowment insurance premiums paid by enterprises and insured persons; (two) the basic old-age insurance premium interest and other income; (3) financial subsidies; (4) late fees; (five) other funds that can be included in the basic old-age insurance fund. Tenth basic old-age insurance funds into the financial accounts of social insurance funds, the implementation of two lines of revenue and expenditure management. Eleventh enterprises and insured persons shall pay the basic old-age insurance premium in full and on time. The basic old-age insurance premium paid by urban workers shall be withheld and remitted by enterprises from their own wages. Enterprises pay the basic old-age insurance premium in full in cash. Individual industrial and commercial households and flexible employees shall pay monthly according to the payment base and payment ratio determined in these Provisions. Twelfth urban workers pay the basic old-age insurance premium at 8% of their average monthly salary in the previous year, which is fully included in their personal accounts. If the base of payment salary is lower than 60% of the average monthly salary of employees in this Municipality last year, 60% of the average monthly salary of employees in this Municipality will be used as the base of payment salary; More than 300% of the average monthly salary of employees in this Municipality last year is not included in the base of payment salary, and is not used as the base of basic pension. Thirteenth enterprises to the sum of all urban workers pay wages as the base of enterprise pay wages, according to the proportion of 20% to pay the basic old-age insurance. The basic old-age insurance premiums paid by enterprises shall be paid before tax. Fourteenth urban individual industrial and commercial households and flexible employees pay the basic old-age insurance premium at the rate of 20% based on the average monthly salary of employees in this city last year, of which 8% is included in personal accounts. Fifteenth social insurance agencies should establish the payment records of the basic old-age insurance premiums paid by enterprises and insured persons, and be responsible for keeping them to ensure their integrity and safety. Enterprises and insured persons have the right to inquire about payment records. Article 16 An enterprise shall announce the payment of basic old-age insurance premiums in the previous year to its employees every year. The municipal social insurance agency shall issue an announcement before April 30 each year to check the payment records of the insured in the previous year, and determine the time to check the payment base and pay the basic old-age insurance premium in the announcement. The specific measures for paying the basic old-age insurance premium shall be formulated by the municipal administrative department of labor security. Chapter III Personal Accounts of Basic Old-age Insurance Article 17 Social insurance agencies shall establish personal accounts of basic old-age insurance for insured persons in accordance with relevant state regulations (hereinafter referred to as personal accounts). Article 18 A personal account consists of the basic old-age insurance premium paid by the insured and the interest on the amount stored in the personal account. The amount of personal account deposit is calculated with reference to the annual bank deposit interest rate for the same period. Article 19 The amount stored in individual accounts can only be used by the insured for providing for the aged, and cannot be withdrawn in advance. After the death of the insured, the basic old-age insurance premium and interest paid by the individual in the amount or balance of the individual account can be inherited according to law, and the rest can be incorporated into the basic old-age insurance fund. Article 20 When the insured moves within or across the overall planning scope of this Municipality, the transfer of their basic old-age insurance relationship and personal account shall be handled in accordance with the relevant provisions of the state and this Municipality. Chapter IV Basic Old-age Insurance Benefits Article 21 The basic old-age insurance fund pays the following basic old-age insurance benefits: (1) the basic pension of the insured; (2) Funeral allowance for the death of the insured after retirement; (three) the cost of other payment items stipulated by the state and this Municipality. If it is difficult to pay the basic old-age insurance fund, it shall be supported by the municipal finance department. Article 22 If the insured meets the following conditions, he will receive the basic pension on a monthly basis from the month following the approval of the administrative department of labor and social security: (1) He meets the retirement conditions stipulated by the state and goes through the relevant formalities; (two) according to the provisions to pay the basic old-age insurance premium for 15 years. The basic pension is paid by social insurance institutions. Article 23 For the insured who has joined the work after July 1998 and meets the requirements of receiving the basic pension on a monthly basis, the basic pension consists of the basic pension and the personal account pension. The monthly standard of basic pension is based on the average monthly salary of employees in this city last year and my average monthly salary, and the payment is paid to 1% every full year. The monthly standard of personal account pension is the amount of personal account storage divided by the number of months stipulated by the state. Article 241The insured who joined the work before June 30, 1998 and met the requirements of receiving the basic pension on a monthly basis after June 30, 2006 will receive the basic pension and personal account pension on a monthly basis, and then be given a transitional pension. The specific transitional measures shall be formulated by the municipal labor and social security administrative department and implemented after being approved by the Municipal People's Government. Article 25 The insured who reached retirement age after June 65438+1 October1in 2006, but the individual cumulative payment period is less than 15, will not receive basic pension; Personal account storage amount is paid to me in one lump sum, and at the same time, one-time pension compensation is paid to terminate the basic old-age insurance relationship. Twenty-sixth people who retired before June 5438+February 3, 2005/KLOC-0 will still be given basic pensions according to the standards stipulated by the original state and this Municipality, and the normal adjustment methods of basic pensions will be implemented. Twenty-seventh after the death of the insured, in accordance with state regulations, enjoy funeral subsidies and relief funds to support immediate family members. Twenty-eighth the minimum standard for the insured to receive the basic pension shall be formulated by the municipal labor and social security administrative department in conjunction with the relevant departments, and announced to the public after approval by the Municipal People's government. The minimum standard of basic pension should be adjusted in a timely manner with the economic development of this Municipality and the changes of consumer price index. If the basic pension received by the insured is lower than the minimum standard, it shall be paid according to the minimum standard of basic pension. Twenty-ninth basic pensions shall be subject to a normal adjustment system. The specific adjustment plan shall be drawn up by the municipal administrative department of labor and social security in conjunction with relevant departments, and approved by the Municipal People's Government and submitted to the relevant state departments for approval and implementation. Chapter V Legal Liability Article 30 If an enterprise fails to participate in the basic old-age insurance or fails to pay the basic old-age insurance premium in full and on time, the administrative department of labor and social security shall order it to make corrections within a time limit, impose administrative penalties in accordance with the provisions of the Interim Regulations on the Collection and Payment of Social Insurance Fees in the State Council, and record the information of illegal acts of the enterprise in the enterprise credit information system of this Municipality according to law; If the enterprise causes losses to the insured's basic old-age insurance benefits, the insured has the right to claim compensation from the enterprise. Thirty-first enterprises, the insured or other people to overcharge, impersonator and other ways to defraud the basic endowment insurance fund. , the administrative department of labor security shall order it to be returned, and impose a fine of 0+65438 times and 3 times the amount defrauded according to the Regulations on Labor Security Supervision of the State Council; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 32 If social insurance agencies, endowment insurance fund allocation agencies and their staff abuse their powers, engage in malpractices for selfish ends or neglect their duties, resulting in the failure to pay the basic pension in full and on time or the loss of the basic endowment insurance fund, the administrative department of labor security 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; If a crime is constituted, criminal responsibility shall be investigated according to law. Chapter VI Supplementary Provisions Article 33 The scale and calculation method of individual accounts for basic old-age insurance have been adjusted since June 65438+ 10/2006. Thirty-fourth urban workers' minimum wage base, urban individual industrial and commercial households and flexible employees pay base gradually adjusted in place. The specific adjustment measures shall be formulated by the municipal labor security administrative department and implemented after being approved by the Municipal People's government. Thirty-fifth the term "payment period" as mentioned in these Provisions refers to the period during which enterprises and urban workers jointly pay the basic old-age insurance premium. Before individuals pay the basic old-age insurance premium in this city, the continuous length of service calculated in accordance with state regulations is regarded as the payment period. The payment period of urban individual industrial and commercial households and flexible employees is calculated according to the actual payment period. Thirty-sixth self-supporting institutions and their staff who have participated in the basic old-age insurance in this Municipality shall refer to these Provisions. Article 37 These Provisions shall come into force on June 6+1October 6+1October 6, 2007.