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What is the "Annual Report on Labor and Employment" that is required on the enrollment notice when a unit applies for social security?
All districts and counties labor and social security bureaus, municipal commissions, offices, bureaus, and head offices of labor and capital departments, all central enterprises and institutions in Beijing, and social organizations:
In order to further improve the social insurance system and safeguard the lawful rights of migrant workers, the Interim Measures of Beijing Pension and Unemployment Insurance (Jinglao Insurance Fa [1999] No. 99) have been amended in response to the Interim Measures for Participation in Pension and Unemployment Insurance of Migrant Contractual Employees. In order to further improve the social insurance system and protect the legitimate rights and interests of migrant workers, and in view of the Interim Measures for Pension and Unemployment Insurance of Municipality of Beijing (Beijing Labor Insurance Issuance [1999] No. 99), some new situations have emerged in the process of implementation, according to the State Council Interim Regulations on Collection and Payment of Social Insurance Premiums (Decree of the State Council No. 259 of 1999), as well as the spirit of the relevant provisions of the Ministry of Labor and Social Security, we hereby formulate Interim Measures for Pension Insurance of Migrant Workers in Beijing, and invite you to implement them in accordance with them.
Annex I: Interim Measures on Pension Insurance for Migrant Workers in Beijing
Annex II: Calculation Formula for Migrant Workers Participating in Pension Insurance and Enjoying the Second Part of the Basic Pension Benefits
Beijing Municipal Bureau of Labor and Social Security August 27, 2001
Subject: Pension Insurance for Migrant Workers Methods Notification
Beijing Municipal Bureau of Labor and Social Security August 29, 2001
Annex 1: Interim Measures on Pension Insurance for Migrant Workers in Beijing
Article 1 In order to further improve the social insurance system and safeguard the legitimate rights and interests of migrant workers, these measures are formulated in accordance with the State Council's "Interim Regulations on the Levying and Payment of Social Insurance Premiums" (Decree of the State Council No. 259 of 1999) as well as the relevant regulations of the Ministry of Labor and Social Security. The spirit, the formulation of this approach.
Article 2 All state-owned enterprises, urban collective enterprises, foreign and Hong Kong, Macao and Taiwan business investment enterprises, urban private enterprises and other urban enterprises, party and government organs, institutions, social organizations, private non-enterprise units, urban individual business (hereinafter collectively referred to as "employers") and the formation of a labor relationship with them, with the city or out of the city of the rural hukou of the workers (referred to as "migrant workers") shall participate in the pension fund in accordance with the law: Migrant workers), shall participate in pension insurance and pay pension insurance premiums in accordance with the law.
Article 3 Employers recruiting rural migrant workers from other cities shall be approved by the labor security administrative departments of the city and districts (counties), and apply for the "Beijing Migrant Employment Certificate" (hereinafter referred to as the "Employment Certificate"); recruiting rural migrant workers from the city shall go to the labor exporting districts (counties) to apply for the recruitment filing formalities at the labor security administrative departments and fill in the "Beijing Municipal Employers Recruitment of Rural Laborers Roster". The employers should also fill in the "Roster of Beijing Employers Recruiting Rural Laborers". At the same time, the employer shall sign a labor contract with the migrant workers from the month of recruitment and apply for their participation in the pension insurance procedures.
Employers who have been approved by the municipal and district (county) labor security administrative departments and have gone through the procedures of recruiting migrant workers but have not yet gone through the procedures of participating in the pension insurance for them should, within one month from the date of the issuance of the Measures, go to the social insurance agency that pays the pension insurance premiums for the urban workers in the organization to go through the procedures of participating in the pension insurance for the migrant workers and pay the pension insurance premiums for the migrant workers.
Newly-established employers and those who have not yet participated in pension insurance should go to the social insurance agency in the district (county) where the business license of the enterprise is registered or where the unit is located to go through the procedures of social insurance registration and to declare the payment of pension insurance premiums for the urban workers and rural migrant workers.
Article 4 The employer shall submit the following certificates and materials to the social insurance agency when applying for the pension insurance for the migrant workers:
(1) the Social Insurance Registration Certificate of the employer;
(2) the business license of the enterprise, the business license of the individual industrial and commercial enterprise, the certificate of the legal person of the enterprise or the letter of introduction of the administrative organization;
(3) the business license of the enterprise, the business license of the individual industrial and commercial enterprise, the certificate of the legal person of the institution, or the letter of introduction of the administrative organization. Introduction letter;
(3) The Labor Situation Table (Form 104 of the Annual Report) reported to the statistics department;
(4) Proof of approval of the use of migrant workers by the municipal and district (county) labor administration departments;
(5) Employers using migrant workers from other places should provide the Employment Certificate;
(6) "Roster of Rural Laborers Recruited by Employers in Beijing". (f) "Roster of Rural Laborers Recruited by Employers in Beijing".
Article 5: Pension insurance premiums shall be paid by both the employer and the migrant workers***. The employer pays monthly pension insurance premiums at 19% of the monthly minimum wage of the workers in the city in the previous year, according to the number of migrant workers recruited. Rural migrant workers themselves pay pension insurance contributions at the rate of 7% in 2001, based on the monthly minimum wage of employees in the city in the previous year, and their personal contributions are deducted by the employer on payment of wages. The proportion of personal contributions, the future with the proportion of enterprise employee contributions to be adjusted uniformly, and eventually reached 8%.
Article 6 The employer pays the pension insurance premiums for the migrant workers, and the social insurance agency entrusts the employer's bank account to withhold the contributions on a monthly basis in the settlement mode of "entrusting the bank to collect the payment (no payment period)".
Article 7 The employer shall pay the pension insurance premiums for the migrant workers, in principle, according to the payment channels and payment methods of the urban workers' pension insurance premiums. However, for employers who use fewer migrant workers or who use relatively stable migrant workers and for whom it is inconvenient to pay pension insurance premiums on a monthly basis, they may choose to pay pension insurance premiums on a quarterly, half-yearly or yearly basis after signing an agreement with the social insurance agency.
Article 8 The social insurance agency shall establish an individual pension insurance account for the migrant workers at the rate of 11% of the contributory wage base.
Article 9 The amount of money stored in the individual account of the migrant workers shall be implemented in accordance with the method of calculating the interest of the individual account of the basic pension insurance for enterprise workers in Beijing.
Article 10 Migrant workers can only withdraw the amount stored in their individual accounts when they reach the age of old age. If a migrant worker dies before reaching the state pensionable age, the individual contribution part of his/her personal account can be inherited.
Article 11 Migrant workers who are re-employed within the administrative area of the city after termination or dissolution of the labor relationship with the employer can continue the pension insurance relationship and have their contribution records transferred by the social insurance agency. When continuing the pension insurance relationship, only the pension insurance relationship will be continued without transferring the pension insurance fund; for those who are employed across the integrated region, the pension insurance relationship can be transferred, and all of their individual accounts will be transferred along with it; for those who go back to the rural areas, the pension insurance relationship can be retained, and their individual accounts will be sealed as the basis for the continuation of the pension insurance relationship, and they will continue to pay the pension insurance premiums after they have been re-employed in this city, and their years of contribution may be calculated in an accumulated manner. And with the social insurance agency issued by the payment of pension insurance premiums vouchers for the transfer, continuation, liquidation, termination of the pension insurance relationship and other formalities.
Article 12 Migrant workers must reach the pensionable age stipulated by the state (60 years old for men and 50 years old for women) in order to receive the basic pension. The basic pension is temporarily treated as a one-time pension treatment, and its treatment consists of two parts:
The first part: the amount of personal account storage and interest is paid in full to the individual at one time. The second part: according to the accumulated contribution period, the accumulated contribution of 12 months (the first contribution year), issued 1 month of the corresponding contribution year of the average of the minimum wage of employees in the city, and the subsequent accumulated contribution period of every year (according to the full 12 months), as the basis for an additional 0.1 months of the average of the minimum wage of employees in the city of the corresponding year of contributions, and calculated to the month, retaining one decimal place (calculation formula) (See Annex II).
Article 13 Rural migrant workers in the city can retain their pension insurance relationship and seal their personal accounts in accordance with Article 11 of these Measures after terminating or dissolving their labor relationship with their employers, and continue to pay pension insurance premiums after they are re-employed in the city. Those who have participated in the rural pension insurance of the city may also transfer the amount stored in the individual account of the pension insurance during the working period in the employing organization and the treatment accounted for in accordance with the regulations to the individual account of the rural pension insurance; those who have not participated in the rural pension insurance of the city may participate in the rural pension insurance in the rural pension insurance management organization of the place where their household registration is situated, and build a new individual account, and at the same time transfer the amount stored in the individual account of the pension insurance during the working period in the employing organization and the treatment accounted for in accordance with the regulations to the individual account of the rural pension insurance. At the same time, the amount stored in the individual account and the treatment accounted for in accordance with the regulations shall be transferred to the newly constructed individual account, and enjoy the corresponding treatment in accordance with the relevant provisions of the city's rural pension insurance.
Article 14 If an employer fails to go through the approval and recruitment procedures for migrant workers, and fails to go through the procedures for their participation in the pension insurance, the administrative department of labor security shall be punished in accordance with the relevant provisions of the state and the city.
Article 15 If a rural migrant worker is unable to enjoy the pension insurance benefits in accordance with the regulations due to the employer's failure to participate in the pension insurance or to pay the full amount of pension insurance premiums for the employer and the individual, the employer shall make compensation in accordance with the standards of the present Measures.
Article 16 The Interim Measures for the Participation of Migrant Contract Workers in Beijing Pension and Unemployment Insurance (No. 99 of Beijing Labor Insurance Issuance [1999]) shall be implemented in accordance with these Measures.
Article 17 After the introduction of the national policy on the participation of migrant workers in pension insurance, these measures will be adjusted accordingly.
Article 18 The municipal labor and social security administrative department shall be responsible for the interpretation of specific issues in the implementation of these measures.
Article 19 These Measures shall come into force on September 1, 2001 onwards.
Annex II: The formula for calculating the second part of the basic pension benefits for migrant workers participating in the pension insurance
The formula for calculating the benefits for the year in which the accumulated contributions are made is as follows:
∑an × (1 ÷ x ) × ∑bx
Where:a1 = 1,a2 = 1.1,a3=1.2 ......an = 1+(n-1)×0.1
∑an = n×(a1 + an )÷2
In case of less than one year of accumulated contributions in the last year, the formula for calculating this part of the entitlement is as follows:
The average of the minimum wage of the employees in the city in the year of the corresponding year of the contributions ÷ 12 × number of months of the contributions Months
n is the cumulative number of years of contributions (12 months); an is the coefficient for calculating the entitlement for the nth year; ∑an is the sum of the cumulative coefficients for calculating the entitlement for the first year to the nth year; x is the sum of the corresponding year of contributions; bx is the minimum wage of employees in the city for the xth year in the future; and ∑bx is the sum of minimum wage of the city's employees from the first year of contributions to the xth year after that.
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