Survivors of enterprise insured persons can receive funeral subsidies and pensions in one lump sum, and the required funds are paid from the basic old-age insurance fund?

Legal Daily, Window of the National People's Congress —— The representative suggested a policy of benefiting enterprises and people.

□ Shangshi

After the beginning of the year, Zhang Lu did not forget to call Lin Shanping, deputy of Fujian Provincial People's Congress and chairman of Fujian Shunchang Hongrun Precision Instrument Co., Ltd.: "I saw the document, great, great!"

Originally, on February 3, 20 19, the Fujian provincial government held its last annual executive meeting. An agenda discussed and adopted at the meeting attracted people's attention, that is, from 2020, the payment of funeral subsidies and pensions for enterprise insured persons in the province (hereinafter referred to as "two funds") will be changed from enterprise payment to social security payment. In this way, the illegal "two gold" problem that many enterprises can't pay because of difficulties has been fundamentally changed.

Then in June+10/early October of 5438, the Fujian Provincial Department of Human Resources and Social Security and the Provincial Department of Finance issued the New Year's document 1, in which the key point was clear: the survivors of enterprise insured personnel could receive funeral subsidies and pensions in one lump sum, and the required funds were paid from the basic old-age insurance fund. The changes in the distribution and payment channels of the "two funds" indicate that the basic old-age insurance system for enterprise employees in Fujian Province has been further standardized and improved, which not only strengthens the guarantee for insured employees and their relatives to receive the "two funds", but also further reduces the burden on enterprises. The introduction of this policy is beneficial to enterprises and benefits more than 4.2 million insured workers in the province, mainly due to a representative proposal.

The voice of the enterprise represents the response to overnight illness.

At the beginning of 20 17, Zhang Lu, the legal representative of Opden Optical Co., Ltd. in Shunchang County, told Lin Shanping that the employees of Fujian Mingjing Special Glass Co., Ltd. had participated in various social insurances including basic old-age insurance. However, an employee of the company died unexpectedly due to a road traffic accident, which was a non-work-related death. According to Article 17 of the Social Insurance Law of People's Republic of China (PRC) ("If an individual who participates in the basic old-age insurance dies due to illness or non-work-related, his survivors can receive funeral grants and pensions ... the required funds shall be paid from the basic old-age insurance fund"), Mingjing Company requires the local social security center to pay funeral grants and pensions to his survivors. The Social Security Center replied that our province has not yet issued relevant policies and specific implementation standards. At present, it is impossible to pay from the basic old-age insurance fund in accordance with the provisions of Article 17 of the Social Insurance Law. Zhang Lu also said that not long ago, an employee of Auden's Kunshan branch in Jiangsu Province died suddenly after returning home from work for half an hour. According to the local policy revised after the promulgation of the Social Insurance Law of Jiangsu Province, employees' families successfully received funeral subsidies and non-work-related death benefits within one week. The implementation of the same national law, the implementation results of Fujian and the Soviet Union are quite different.

Lin Shanping believes that Fujian Province is only a non-public enterprise and cannot enjoy the relevant treatment of social insurance law. But it is understood that all enterprises, including state-owned enterprises, are like this. He also heard that in recent years, some survivors of employees who died in the province because of the "two gold" problem won the lawsuit in the court, but the relevant departments did not implement it. Now he can't sit still. The voice of enterprises and the duties of NPC deputies prompted him to write all night and write suggestions on behalf of enterprises. At that time, the Fifth Session of the 12th National People's Congress of Fujian Province had been over for two months. The Personnel Representative Studio of the Standing Committee of the Provincial People's Congress took this proposal as an intersessional proposal and handed it over to the Provincial Department of Human Resources and Social Security for handling.

From 2065438 to March 2007, the competition between Lin Shanping and the undertaking department has never stopped. He has put forward four written suggestions and opinions on behalf of the delegation, and the undertaking department has also given four written replies, including many telephone communications, but the problem has never been solved.

The re-appointed representative made two more suggestions, which were not satisfactory.

2065438+2008 1, Fujian Provincial People's Congress was re-elected, and Lin Shanping began his third term as a representative of the Provincial People's Congress. Lin Shanping, who is persistent, feels that "many good things grind" and must not miss any opportunity to solve the "two gold" problem of employees insured by enterprises. 65438+1On October 26th, the first meeting of the 13th Provincial People's Congress was held. When the Nanping delegation held its first deliberation, he brought this issue to the meeting. When it comes to the difficulties of small and micro enterprises and the misfortunes of employees' relatives, he is deeply touched and the listeners are moved. He also compared the specific provisions of Article 17 of the Social Insurance Law with the document No.477 of Fujian Labor Society [2000], and proposed to revise local policies that did not meet the legal requirements, so as to win everyone's support.

Lin Shanping also reached an understanding with another provincial people's congress representative and head of Ningde delegation Lu Shengbiao. For the same goal, he performed his duties together and marked "dissatisfied" on the proposal inquiry form handled by the undertaking department twice in a row.

The Standing Committee of Fujian Provincial People's Congress has been paying close attention to the handling of this representative's proposal. The leaders of the Standing Committee have repeatedly learned about the inquiry and handling of the work, made efforts to coordinate and listened to the opinions of relevant departments of the provincial government.

The Standing Committee members supported the deputies to play their role, guaranteed them to perform their duties according to law, and gave Lin Shanping and Lu Shengbiao confidence and strength: if the problem is not solved, they must continue to stare.

Suggestions on Strengthening the Education of * * * Knowledge Theme

20 19, a year in history.

70th anniversary of the founding of New China.

Our Party carries out the theme education of "Do not forget your initiative mind, Remember Mission".

This year also marks the 40th anniversary of the establishment of the Standing Committee of local people's congresses.

Timing, geographical location and people have injected impetus into handling the representative's proposal. After repeated coordination, the differences in all aspects were further narrowed, and a * * * understanding was formed on the focus issue.

First, rights and obligations must be equal. Enterprises and employees enjoy the legal rights of social security benefits after fulfilling their social security payment obligations according to law. The civil rights stipulated by law should not be damaged because of the lag of local policies, and should not be deprived because of the so-called "unenforceability".

Second, relevant documents must be revised. On 20 11July1day, the social insurance law came into effect, and the relevant provisions of the document [2000] No.477, which has been implemented for nearly 20 years, have obviously lagged behind, which conflicts with the national laws and should be revised. The funds required for the "two funds" were changed from "enterprise management expenses" to "expenditure from the basic old-age insurance fund".

Third, we can't wait any longer. In the case that the "top-level design" of the pension policy of the relevant state departments can not be introduced for the time being, we can learn from the practices and experiences of brother provinces and cities and formulate policy documents or interim measures in Fujian Province on the basis of law. When the state promulgates new regulations, they shall be implemented according to the standards stipulated by the state.

Fourth, no matter how big the difficulties are, we must overcome them. No matter how stressful the basic endowment insurance fund in Fujian Province is, it is necessary to guarantee the payment of the "two funds" according to law. Starting from the situation of the province, making overall plans and taking into account all factors, the specific implementation standards of the "two funds" are determined through calculation.

2065438+On August 30, 2009, the relevant working bodies of the Standing Committee of Fujian Provincial People's Congress held a "supervision meeting on the proposal of representatives to solve the problem of" two funds "for urban insured persons as soon as possible according to law".

At the meeting, representatives Lin Shanping and Lu Shengbiao spoke successively. They were sincere and argued. Lin Weichong, director of the Provincial People's Social Welfare Department, listened carefully and responded positively. Theme education should be fruitful, make plans as soon as possible and solve problems in the fourth quarter. Chen Yuanbang, director of the Personnel Representative Studio of the Standing Committee of the Provincial People's Congress, proposed that after the meeting, please ask the human and social departments to write as soon as possible, come up with written answers to the suggestions of the representatives, stand firm, keep their promises and accept supervision.

After three years, the problems reflected in the representative's proposal were finally solved. Deputies to the National People's Congress, the Standing Committee of the National People's Congress and the people's government are not entrusted with exercising their rights and performing their duties, which once again shows the strength and advantages of the people's congress system.

Cartography/Li Xiaojun