The procedure of transferring new rural insurance to urban social security

What is currently being implemented is (draft for comments)

Interim Measures for the Connection of Urban and Rural Endowment Insurance System (Draft for Comment)

Ministry of Human Resources and Social Security

Article 1 In order to solve the problem of the connection between urban and rural endowment insurance systems and safeguard the rights and interests of the insured, according to the Social Insurance Law of People's Republic of China (PRC) and the Implementation Provisions (Ministry of Human Resources and Social Security DecreeNo. 1). 13), these measures are formulated.

Article 2 These Measures are applicable to persons who participate in two or more systems of basic old-age insurance for urban workers (hereinafter referred to as occupational insurance), new rural social endowment insurance or urban social endowment insurance (hereinafter referred to as new rural endowment insurance or urban residence insurance, including urban and rural social endowment insurance implemented by the merger of new rural endowment insurance and urban residence insurance, the same below). Those who have received the above-mentioned pension insurance benefits in accordance with state regulations will no longer go through the procedures for connecting the urban and rural pension insurance system.

Article 3. After reaching the statutory retirement age of occupational insurance (including the age of receiving treatment), those who participate in occupational insurance and new rural insurance or urban residential insurance may apply for changing from new rural insurance or urban residential insurance to occupational insurance, and pay corresponding treatment according to the occupational insurance method. If the payment period of occupational insurance is less than 15 years, you can apply for changing from occupational insurance to new rural insurance or urban residence insurance. In accordance with the provisions of the new rural insurance or urban residential insurance conditions, according to the new rural insurance or urban residential insurance measures to pay the corresponding treatment.

To participate in the new rural insurance or urban residential insurance personnel, during the payment period, due to the migration of household registration, it is necessary to go through the procedures of connecting the new rural insurance and urban residential insurance across regions, and can apply for real-time handling at the place of immigration.

Article 4 When the insured goes through the procedures for linking up the occupational insurance with the new rural insurance system or the urban residential insurance system, he should first collect the occupational insurance relationship according to the relevant provisions of the state, and then go through the relevant linking procedures after determining the payment period of the occupational insurance and the place where the old-age insurance benefits are received.

Article 5 If the insured person is transferred from the new rural insurance or urban residential insurance to the job insurance, the personal accounts of the new rural insurance or urban residential insurance are all stored and included in the personal accounts, and the payment period of the new rural insurance or urban residential insurance is not accumulated, nor is it converted into the payment period of the job insurance.

Article 6 If the insured person transfers from occupational insurance to new rural insurance or urban residence insurance, all the storage in the personal account of occupational insurance will be merged into the personal account of new rural insurance or urban residence insurance, and the payment period for participating in occupational insurance will be calculated as the payment period of new rural insurance or urban residence insurance.

Seventh insured for the new rural insurance and urban residential insurance convergence procedures, the amount of storage in the personal account is all transferred, and the payment period is combined and accumulated. In line with the new rural insurance or urban residential insurance to receive conditions, pension insurance benefits according to the old-age insurance relationship at that time, the location of the plan.

Article 8 If the insured participates in occupational insurance and new rural insurance or urban housing insurance repeatedly in the same year, the payment period of occupational insurance will be calculated only during the repeated period (calculated on a monthly basis, the same below), and the new rural insurance or urban housing insurance will be returned during the repeated period, and the corresponding individual contributions (including collective subsidies) will be returned during the repeated period.

Ninth insured persons shall not receive occupational insurance and new rural insurance or urban residence insurance benefits at the same time. If you have received both occupational insurance and new rural insurance or urban residence insurance benefits, the relationship between new rural insurance and urban residence insurance will be terminated, and the personal account balance except government subsidies will be returned to me, and the new rural insurance or urban residence insurance basic pension benefits you have received will be returned; If I refuse to return it, the social insurance agency shall be responsible for deducting it from the new rural insurance or urban residential insurance personal account balance or occupational insurance basic pension.

Tenth insured for urban and rural endowment insurance system convergence procedures, according to the following procedures:

(a) by the insured himself to the social insurance agencies put forward a written application for the convergence of the old-age insurance system.

(II) The social insurance agency in the place where the benefits are received accepts and examines the written application of the insured, and sends a contact letter to the social insurance agency in the place where the insured's original job insurance, new rural insurance or urban residence insurance are located within 15 working days, and provides relevant information; For those who do not meet the system connection conditions, explain to the applicant.

(3) The social insurance agency in the place where the insured's old job insurance, new rural insurance or urban residence insurance relationship is located shall complete the system connection procedures within 15 working days after receiving the contact letter.

(4) The social insurance agency in the place where the benefits are received shall complete the relevant procedures within 15 working days after receiving the funds transferred by the social insurance agency in the place where the insured person's original job insurance, new rural insurance or urban residence insurance are located, and notify the insured person of the situation in time.

Eleventh improve the national social insurance agencies at or above the county level contact information database, and announced to the public, to facilitate the insured to handle the old-age insurance system convergence procedures. Establish a nationwide unified inquiry service system for endowment insurance participation payment, further improve the national social insurance relationship transfer information system, speed up the popularization of the national social security card, and provide convenient and effective technical services for the insured to inquire about the participation payment information and handle the system connection.

Twelfth these Measures shall come into force as of 2065 438+03. Where the policies promulgated by various localities are inconsistent with these measures, the provisions of these measures shall prevail.

At the same time, Ministry of Human Resources and Social Security announced the explanation of the Interim Measures for the Connection of Urban and Rural Endowment Insurance System (Draft for Comment).

In recent years, China has accelerated the construction of a social security system covering urban and rural residents, and the urban and rural basic old-age insurance system has been fully established. In 2009, the General Office of the State Council promulgated the Measures for the Transfer and Continuation of Basic Old-age Insurance for Urban Employees, which stipulated clear policies and procedures for the transfer and continuance of 300 million insured persons (including 227 million insured persons) including migrant workers in the old-age insurance system for urban employees (hereinafter referred to as occupational insurance), and it is being implemented smoothly. This year, the new rural social endowment insurance (hereinafter referred to as the new rural social endowment insurance) system and the urban social endowment insurance (hereinafter referred to as the urban social endowment insurance) system were fully implemented throughout the country, covering 459 million people (including 328 million payers). In the process of promoting the basic old-age insurance system in urban and rural areas, it is the ardent expectation of all walks of life and the important content of perfecting the social security system to solve the policy convergence problem between different systems as soon as possible and better protect the rights and interests of the vast number of urban and rural insured persons. Therefore, on the basis of in-depth investigation and repeated argumentation, Ministry of Human Resources and Social Security and the Ministry of Finance formulated the Interim Measures for the Connection of Urban and Rural Endowment Insurance System (Draft for Comment) (hereinafter referred to as the Interim Measures) in accordance with the requirements of urban and rural overall planning and the principles of maintaining policy continuity, safeguarding the rights and interests of insured persons and preventing risks. The relevant issues are now explained as follows:

I. About the scope of application

The Interim Measures apply to those who have participated in two or more of the three systems of on-the-job insurance, new rural insurance and urban residence insurance. However, the insured transferred across regions under a certain system shall transfer and continue the pension insurance relationship in accordance with the provisions of each system itself, and these Interim Measures shall not apply.

The Interim Measures shall apply to the insured who are still in the payment period and have not received pension insurance benefits; In accordance with the provisions of the state to receive pension insurance benefits from various systems, because there is no need to recalculate the benefits, the Interim Measures are not applicable.

Second, about the connection point.

The "Interim Measures" stipulate that those who participate in occupational insurance and new rural insurance or urban residence insurance can go through the connection procedures between occupational insurance and new rural insurance or urban residence insurance after reaching the statutory retirement age stipulated by occupational insurance. Divided into two situations. First, those who meet the conditions for receiving occupational insurance benefits may apply to transfer the relevant rights and interests of the original new rural insurance or urban residence insurance to occupational insurance, and pay the corresponding treatment according to the occupational insurance method; Second, people who do not meet the conditions for receiving occupational insurance benefits can apply to transfer the relevant rights and interests of occupational insurance to the new rural insurance or urban residence insurance. In line with the new rural insurance or urban residential insurance to receive conditions, according to the new rural insurance or urban residential insurance measures to calculate the corresponding treatment. The key of this regulation is to implement the transfer and connection at the last minute before determining the pension insurance benefits, rather than adopting the real-time connection mode of "following". This is mainly due to the following considerations: the main target of the connection between on-the-job insurance and new rural insurance or urban residential insurance is the insured who work from rural to urban areas, and some of them may move between urban and rural areas for employment many times. The real-time connection mode of "go with you" will lead to repeated changes in social insurance relations, increase the transaction burden of the insured, and easily lose the rights and interests of endowment insurance; Unifying the connecting procedures before the final determination of the pension insurance benefits is conducive to simplifying procedures, safeguarding the rights and interests of the insured and reducing the cost of social management.

The "Interim Measures" stipulates that if the insured needs to go through the cross-regional connection procedures between the new rural insurance and the urban residential insurance due to household registration during the payment period, they can go through the real-time system connection procedures at the place where they move in. This is mainly due to the following considerations: the system design of new rural endowment insurance and urban residence insurance is the same, and the connection between new rural endowment insurance and urban residence insurance is caused by the change of household registration. Generally, there is no repeated changes in urban and rural areas, so the real-time connection mode of "moving with you" can be adopted, which is also conducive to better safeguarding the rights and interests of the insured.

Three, on the direction and conditions of the convergence of occupational insurance and new rural insurance or urban residential insurance.

The "Interim Measures" stipulates that those who have participated in the payment period of occupational insurance for fifteen years (including extending the payment period according to relevant regulations) may apply for transferring from new rural insurance or urban residential insurance to occupational insurance; If the payment period of occupational insurance is less than fifteen years, you can apply for changing from occupational insurance to new rural insurance or urban residence insurance.

This is mainly due to the fact that occupational insurance, new rural insurance and urban residential insurance all stipulate that the payment period of fifteen years is the condition for enjoying the basic pension on a monthly basis, while the treatment level of occupational insurance is relatively high. Therefore, it is stipulated that as long as the payment period of participating in occupational insurance is met, no matter how long it takes to pay in the new rural insurance or urban residential insurance, it can be transferred to occupational insurance to calculate the treatment, which is conducive to maximizing the protection of the rights and interests of the insured, and at the same time guiding the insured to participate in insurance for a long time and continue to pay; If the on-the-job insurance payment is less than 15 years due to various reasons, according to the provisions of the Social Insurance Law, the on-the-job insurance will be transferred to the new rural insurance or urban residence insurance, and the latter will play a "bottom-up" role to avoid the loss of the rights and interests of the insured due to insufficient on-the-job insurance payment period.

Four, about the transfer of funds between job insurance and new rural insurance or urban residential insurance.

The "Interim Measures" stipulates that whether the insured person is transferred from the new rural insurance or urban residential insurance to the job insurance, or from the job insurance to the new rural insurance or urban residential insurance, the amount of his personal account will be transferred with him.

This is mainly due to the following considerations: at present, the personal accounts of occupational insurance are all formed by individual contributions (in the early days, a small number of units paid for the transfer), and most of the funds of the personal accounts of new rural insurance and urban residential insurance come from individual contributions (with certain government subsidies and subsidies from collective economic organizations), which are all owned by individuals in nature, and the insured people are connected between different systems, which does not affect the nature of personal account funds. It is stipulated that all personal account deposits (including government subsidies) are transferred, which is conducive to protecting the rights and interests of the insured to the maximum extent.

What needs special explanation is that the Interim Measures does not stipulate the transfer of the occupational insurance pooling fund when the occupational insurance is transferred to the new rural insurance or urban residential insurance. This is because: first, the overall fund is a special arrangement for the occupational insurance system by the state, and its basic function is to ensure the basic livelihood of occupational insurance retirees; There is no such arrangement in the new rural endowment insurance and urban residence insurance system, but the basic pension is paid in full by the government. If the occupational insurance is changed to the new rural insurance or the urban residence insurance policy, it will lead to an imbalance in the funding arrangements of various systems. Second, the overall fund is different from the individual account in nature and is not owned by the individual. In the on-the-job insurance system, cross-regional transfer provides for pooling funds 12% transfer to properly balance the burden of on-the-job insurance funds between different regions, which is not directly reflected in the personal rights and interests of the insured; The insured person is transferred from occupational insurance to new rural insurance or urban residential insurance, and the overall fund is not transferred, nor does it affect his personal rights and interests.

Five, on the occupation insurance and new rural insurance or urban residence insurance payment period calculation.

The "Interim Measures" stipulates that when the insured person is transferred from job insurance to new rural insurance or urban residence insurance, the payment period of his participation in job insurance can be combined and calculated as the payment period of new rural insurance or urban residence insurance. If the insured person is transferred from the new rural insurance or urban residential insurance to the job insurance, the payment period for participating in the new rural insurance and urban residential insurance will not be converted into the payment period for the job insurance.

The basic background of this provision is that the payment level between occupational insurance and the new rural insurance or urban residence insurance system is very different, generally reaching ten times or even dozens of times. If the payment period of new rural insurance or urban residential insurance is simply identified as the payment period of occupational insurance, it will lead to unequal rights and obligations, resulting in fund imbalance and moral hazard. If the new rural insurance or urban residential insurance and occupational insurance are converted in proportion to the payment amount, the payment of new rural insurance or urban residential insurance can only be converted into one tenth or even decades of occupational insurance; At the same time, according to the principle of reciprocity, one year's occupational insurance payment will be equal to the payment period of new rural insurance or urban residential insurance for more than ten years or even decades, which is also unscientific. In view of the fact that even if the original payment period is converted after the new rural insurance and urban residential insurance are converted into occupational insurance, it will have little impact on the calculation and development of their pensions, and the full transfer of personal accounts is more beneficial to the insured than the conversion of payment period, so it is stipulated that it will not be converted. However, for the insured whose job security is transferred to the new rural insurance or the urban residence insurance, in order to avoid the situation that they cannot enjoy the treatment after they have participated in the job security, the new rural insurance and the urban residence insurance for less than 15 years, it is more conducive to safeguarding the rights and interests of the insured.

Six, on the convergence of the new rural insurance and urban residential insurance.

The "Interim Measures" stipulates that if the insured person goes through the procedures of connecting the new rural insurance with the urban residence insurance, the amount of storage in the personal account will be all transferred, and the payment period will be combined and accumulated. This is mainly due to the fact that the new rural insurance and urban residential insurance are consistent in terms of system mode, fund raising method, personal account size and pension calculation and payment method. Defining the transfer and consolidation of individual account storage and the cumulative calculation of payment period can better safeguard the endowment insurance rights and interests of insured persons.

Seven, on the issue of double insurance.

The "Interim Measures" stipulates that if the insured repeatedly participates in occupational insurance, new rural insurance or urban residential insurance, and there are repeated insurance contributions in the same year, he will repay the new rural insurance or urban residential insurance and return the corresponding amount of personal contributions to himself.

The basic background of this provision is that from the perspective of system design and operation requirements, it should not be allowed to participate in occupational insurance and new rural insurance or urban residence insurance at the same time; However, in practice, due to the different implementation efforts of different systems (employees' participation in occupational insurance is a legal right and obligation, while participation in new rural insurance and urban residence insurance is based on the principle of voluntariness at present) and the different specific provisions of insurance payment (monthly payment for occupational insurance, annual payment for new rural insurance and urban residence insurance), it is difficult to completely avoid the phenomenon of repeated insurance payment for urban and rural migrant workers at some time in the same year. In order to solve this problem, the "Interim Measures" stipulates that for those who repeatedly participate in the insurance, priority should be given to retaining the job-insurance relationship with a higher level of treatment, and the individual contributions of the new rural insurance or urban residential insurance with repeated years of participation should be returned to me to minimize the extra payment burden brought by relevant personnel.

Eight, about the treatment of repeated treatment.

The "Interim Measures" stipulates that if the insured person receives the treatment repeatedly, the job-insurance relationship will be retained, and the new rural insurance or urban residence insurance relationship will be terminated and terminated, and those who receive it repeatedly will be refunded or deducted. This provision mainly follows the principle of uniqueness of the pension insurance relationship, which not only gives priority to retaining the occupational insurance benefits with higher pension level, but also prevents repeated receiving benefits from harming the rights and interests of other insured persons.

Nine. Explanation of other issues

The Interim Measures also stipulate the procedures, time limits and openness of the convergence of various old-age insurance systems, so as to provide convenient and fast services for the insured and accept social supervision.

At present, some regions have stipulated some convergence methods according to their own reality. In order to standardize the operation and protect the rights and interests of the endowment insurance of the floating insured in the whole country, after the implementation of these measures, all localities should adjust relevant policies according to these measures.

As a temporary measure, this method will be continuously improved and perfected according to actual operation, summing up experience.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.