Shenzhen Pension Insurance Policy

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Shenzhen Special Economic Zone Enterprise Employees' Social Pension Insurance Regulations

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Tongyi Island Securities Network 2006-08-30 65 clicks

●On October 27, 1998 the Standing Committee of the Second Session of the Shenzhen Municipal People's Congress at its 27th session Adopted

●Amended for the first time according to the Decision of the Third Meeting of the Standing Committee of the Third Shenzhen Municipal People's Congress on Amending the Regulations on Basic Pension Insurance for Employees of Enterprises in the Shenzhen Special Economic Zone on December 22, 2000

●Amended for the first time according to the Decision of the Seventh Meeting of the Standing Committee of the Fourth Shenzhen Municipal People's Congress on July 26, 2006 on Amending the Regulations on Decision of the Standing Committee of the Fourth People's Congress of Shenzhen Municipality on Amending the Regulations on Social Pension Insurance for Employees of Enterprises in the Shenzhen Special Economic Zone (hereinafter referred to as the Special Administrative Region) for the Second Time

◆Chapter I General Provisions◆

Article 1 In order to safeguard the basic livelihood of the employees of the enterprises after their retirement, the Regulations are formulated in accordance with the provisions of the relevant laws and regulations, and in the light of the actual situation of the Shenzhen Special Economic Zone (hereinafter referred to as the Special Administrative Region).

Article 2 The Shenzhen Special Economic Zone shall implement a social pension insurance system. The social pension insurance referred to in these Regulations includes basic pension insurance, local supplementary pension insurance and enterprise annuity and other multi-level pension insurance.

The Municipal People's Government (hereinafter referred to as the Municipal Government) establishes basic old-age insurance and local supplementary old-age insurance; it encourages and supports enterprises and employees to participate in enterprise annuities and personal savings old-age insurance.

Article 3 The basic pension insurance provided for in these Regulations shall apply to enterprises (including enterprise-managed institutions and private non-enterprise units, hereinafter referred to as the same) and their employees in the SAR.

The local supplementary pension insurance provided for in these Regulations shall apply to enterprises in the Special Administrative Region and their employees who are domiciled in the city and who participate in the basic pension insurance in accordance with these Regulations.

Enterprises and their employees must participate in the basic pension insurance and the local supplementary pension insurance in accordance with the provisions of these Regulations.

Article 4 Social pension insurance shall follow the principles of combining fairness and efficiency, rights and obligations corresponding to each other, and the level of protection corresponding to the level of development of social productive forces.

Article 5 of the basic pension insurance to implement social **** relief and individual accounts combined fund management mode.

Article 6 of the municipal labor and social security administration (hereinafter referred to as the municipal labor and social security department) is responsible for the work of social pension insurance for enterprise employees.

The relevant departments of the municipal government shall, within the scope of their respective duties, assist the municipal labor and social security department to do a good job of pension insurance.

The Municipal Social Insurance Agency (hereinafter referred to as the Municipal Social Insurance Agency) specifically undertakes social insurance affairs such as basic pension insurance and local supplementary pension insurance.

Street offices are responsible for socialized management services for retirees within their jurisdiction.

◆Chapter 2: Collection of Pension Insurance Premiums◆

Article 7: The sources of the basic pension insurance fund shall be: basic pension insurance premiums and their interest, late payment of basic pension insurance premiums, legal operating income of the basic pension insurance fund, financial subsidies and other incomes.

The sources of the local supplementary pension insurance fund are: local supplementary pension insurance premiums and their interest, late payment of local supplementary pension insurance premiums, proceeds from the legal operation of the local supplementary pension insurance fund, and other incomes.

Article 8 Payment of pension insurance premiums is based on the employee's gross monthly salary as the contribution salary. However, if the employee's monthly gross salary exceeds three hundred percent of the average monthly salary of the on-post employees in the city in the previous year, the excess shall not be counted as pension insurance premiums; if the employee's monthly gross salary is less than sixty percent of the average monthly salary of the on-post employees in the city in the previous year, pension insurance premiums shall be counted according to sixty percent of the average monthly salary of the on-post employees in the city in the previous year; and the contribution salary of the employee who is not a household member shall not be less than the monthly minimum wage in the city. .

Article 9 of the basic old-age insurance premiums contribution ratio of eighteen percent of the employee's wages, of which the employee contributes eight percent of his own wages; enterprises pay ten percent of the wages of the employee's personal contributions.

The local supplementary pension insurance premium contribution ratio is one percent of the employee's contributory salary, which is paid by the enterprise.

Article 10: Enterprises and employees shall pay monthly pension insurance premiums to the municipal social security institutions, and the pension insurance premiums payable by individual employees shall be withheld by their enterprises.

Article 11: The payment of pension insurance premiums shall be handled in the form of bank collection entrusted by the enterprise.

Article XII of the municipal social security institutions shall enterprises and employees to pay the basic pension insurance premiums, according to the following proportions were credited to the personal account and **** ji fund:

(a) the employee's personal account for the contribution of eight percent of the wage; (b) the rest of the **** ji fund.

Article XIII Employees who were transferred to the City before July 31, 1992, their continuous years of service prior to July 31, 1992 (except for the years in which they did not participate in pension insurance as required by the City) shall be considered as contributory years.

Article XIV Employees transferred to the City after August 1, 1992 shall no longer make retroactive contributions to the ****jacket fund and individual accounts.

Employees who transferred to the City between August 1, 1992 and June 30, 1996, and who have made retroactive contributions to the ***Jihadi Fund in accordance with City regulations, shall have their retroactive ***Jihadi Fund contributions transferred to their individual accounts.

Article 15 Employees transferred to the City after July 1, 1996, who exceed the age limit for transferring to the City as stipulated by the Municipality, shall pay the overage pension insurance premiums; after paying the premiums, their consecutive years of service prior to transferring to the City shall be regarded as the number of years of contributing to the premiums.

The method and standard of payment of over-age pension insurance premiums shall be separately prescribed by the Municipality.

The over-age pension insurance premiums shall be paid by the transferring unit and shall be credited to the local supplementary pension insurance fund.

Article 16 of the demobilized, retired and transferred soldiers and employees of the armed forces in the city, their military service (service) is regarded as years of contribution for the calculation of continuous service. However, unless the army provides otherwise.

Article 17 Enterprises shall, within ninety days after obtaining a business license, apply to the municipal social security institutions for registration and enrollment in pension insurance.

Article 18 If an enterprise is transferred, merged or separated according to law, its unpaid pension insurance premiums and its late payment shall be paid by the changed enterprise; if the enterprise agrees otherwise, the agreed enterprise shall pay them.

If an enterprise goes bankrupt or is dissolved in accordance with the law, its unpaid pension insurance premiums and late payments shall be included in the first order of settlement.

Article 19: Pension insurance premiums paid by enterprises shall be charged to costs. Pension insurance premiums paid by individuals are withdrawn before tax.

Article 20 of the employee's personal account accumulation amount, each year with reference to the bank's deposit rate for the same period to calculate the interest, the interest is fully transferred to the employee's personal account.

Article 21 of the municipal social security agency regularly conducts an annual inspection of the enterprise's payment of pension insurance premiums, and issues an annual social insurance inspection certificate to those who pass the annual inspection.

Enterprises shall provide the annual inspection certificate of social insurance issued by the municipal social security institution when they go through the formalities of employing, transferring or drying out; enterprises shall provide the annual inspection certificate of social insurance when they rent or purchase micro-enterprises.

Article 22: When the municipal social security agency verifies the payment of pension insurance premiums by an enterprise, the enterprise shall truthfully provide the employee roster, payroll and other relevant information.

◆Chapter 3: Pension Insurance Benefits◆

Article 23: Employees (including the unemployed, hereinafter the same) who are entitled to receive monthly pension shall have the following conditions at the same time:

(1) they have reached the retirement age or retired from their jobs as stipulated by the state;

(2) if an employee who is a household member of the city participated in the workforce before July 31st 1992, he/she shall have accumulated ten years' contribution; if an employee who is a household member of the city participated in the workforce before July 31st 1992, the total number of contribution shall have reached ten years; and the total number of contribution shall have reached ten years. (b) Employees with household registration in the city who joined the workforce before July 31, 1992, have accumulated fifteen years of contributory service; and employees without household registration in the city have accumulated fifteen years of actual contributory service.

Article 24 Employees who meet the conditions stipulated in Article 23 of these Regulations may apply to the Municipal Social Security Institution for procedures to receive their pensions, and upon approval by the Municipal Social Security Institution, they shall enjoy pension benefits in accordance with the regulations.

Article 25 of the basic pension insurance benefits include basic pension, funeral subsidy, one-time pension for dependent relatives, basic medical insurance premiums and local supplementary medical insurance premiums.

Article 26: Employees who joined the workforce before July 31, 1992 and retired after July 1, 2006 shall be entitled to a monthly basic pension as follows:

Basic Pension + Individual Account Pension + Transitional Pension + Regulatory Pension

Article 27: Employees who joined the workforce after August 1, 1992 and retired before December 31, 2011 shall be entitled to a basic pension as follows:

Article 28: Employees who joined the workforce before December 31, 2011 shall be entitled to a basic pension as follows. Employees who joined the workforce after August 1, 1992 and retired before December 31, 2011, their monthly basic pension at the time of retirement shall be composed of:

Basic Pension + Personal Account Pension + Transitional Adjustment Pension

Employees who joined the workforce from August 1, 1992 to December 31, 1998 and retired after January 1, 2012, their basic pension at the time of retirement shall be composed of:

Basic Pension + Personal Account Pension + Transitional Adjustment Pension

Article 27 regulations.

Article 28: For employees who joined the workforce after January 1, 1999, the monthly basic pension at the time of retirement shall be composed of:

Basic Pension + Individual Account Pension

Article 29: Specific methods for calculating the basic pension, the individual account pension, the transitional pension, the adjusting pension and the transitional adjusting pension shall be as follows:

() (I) basic pension: based on the average of the average monthly salary of the employees on duty in the city in the previous year at the time of retirement and the average indexed monthly contribution salary of the person himself, and calculated on the basis of one percent for each full year of contribution;

(II) individual account pension: calculated on the basis of the amount accumulated in the individual account at the time of retirement divided by the number of months of the state regulations;

(III) adjusting pension: three hundred yuan;

(iv) Transitional Adjustment Pension: two hundred and fifty Yuan per month for those who retired in 2007, and fifty Yuan for those who retired every night thereafter;

(v) The calculation of the transitional pension and the average indexed monthly contribution salary of the person shall be stipulated by the municipal government separately.

Basic pensions, transitional pensions, adjustments and transitional adjustments are paid from the Basic Pension Insurance **** Jiji Fund. Individual account pensions are paid in the individual account; after the individual account has been drawn down, they are paid from the Basic Pension Insurance **** Jiji Fund.

Article 30 of the local supplementary pension insurance treatment includes transitional subsidies and other subsidies, the specific standards shall be separately stipulated by the municipal government.

Article 31 retirees with continuous service before July 31, 1992, recognized by the city, shall be entitled to service age subsidies in accordance with the relevant provisions of the municipal government, and the specific measures shall be separately stipulated by the municipal government.

Article 32: If the sum of the monthly basic pension and the local supplemental pension benefits of an overseas Chinese employee is less than the average monthly salary of the employees on the job in the preceding year in the city at the time of his/her retirement, he/she shall be given an additional monthly subsidy of five percent of the average monthly salary of the employees on the job in the city in the preceding year at the time of his/her retirement. The additional subsidy shall be paid by the Basic Pension Insurance Fund.

Article 33 For those who have retired before June 30, 2006, their entitlements paid by the social security institutions shall not be recalculated and shall be paid by the Basic Pension Insurance Fund.

The period from July 1, 2006 to June 30, 2011 is a five-year transition period. Employees who retired during the transition period and whose pension insurance entitlements calculated according to the new method are lower than those calculated according to the original method, their pension insurance entitlements shall still be calculated according to the original method.

If the pension insurance treatment calculated according to the new method is higher than that calculated according to the original method, and if the employee retires during the period from July 1, 2006 to June 30, 2011, on the basis of the treatment calculated according to the original method, the employee shall be given additional treatment according to a certain proportion of the difference between the treatment calculated according to the new method and the original method respectively. The specific proportion shall be separately stipulated by the municipal government. those who retired after July 1, 2011, the pension insurance treatment shall be calculated according to the new method.

During the transition period, when calculating the basic pension and transitional pension according to the original method, where it involves the average monthly salary of on-the-job workers in the city in the previous year, the average monthly salary of on-the-job workers in the city in 2005 will be used uniformly.

Article 34 The pension insurance treatment of those who participated in the revolutionary work before September 30, 1949, shall be implemented with reference to the pension treatment of the same kind of personnel in the organs of the city.

Article 35 The basic medical insurance premiums and local supplementary medical insurance premiums of retired persons who are entitled to pension insurance benefits on a monthly basis shall be paid by the Basic Pension Insurance **** Jiji Fund.

Article 36 of the basic pension insurance benefits of retirees are adjusted once a year in July. Specific adjustment ratio according to the city's average monthly wage growth of employees on the job in the previous year to be approved by the municipal labor security department to report to the municipal government for approval.

Article 37 If an employee reaches the retirement age prescribed by the state but is not satisfied with the number of years of contribution, he/she may apply for a one-time payment of the accumulated amount in the personal account and a one-time living expense, and terminate his/her pension insurance relationship in the city.

The standard of the lump-sum living expenses for employees with household registration in the city shall be one month of the average monthly salary of the employees on duty in the city in the previous year at the time of retirement for each full year of contribution period.

The standard of the lump-sum living expenses for non-city domiciled employees shall be one month's monthly minimum wage at the time of retirement for each full year of contribution.

Article 38 For employees who leave the city before retirement, the pension insurance relationship shall be handled as follows:

(1) If the pension insurance relationship can be transferred, the pension insurance relationship shall be transferred according to the regulations and the pension insurance relationship in the city shall be terminated;

(2) If the pension insurance relationship can not be transferred, the employee may, upon his/her own application, receive a lump sum of the accumulated amount of the individual account and the pension insurance relationship in the city shall be terminated;

(3) If the pension insurance relationship can not be transferred, the individual may receive a lump sum of the accumulated amount of the individual account and the individual account shall be terminated. (b) If the pension insurance relationship cannot be transferred, upon the application of the employee, the employee may receive a lump-sum payment of the amount accumulated in the individual account and terminate the pension insurance relationship in the city;

(c) If the pension insurance relationship continues to be retained in the city, and the employee returns to work in the city and continues to pay pension insurance premiums in accordance with the provisions of the regulations, the employee may accumulate his/her actual years of contributions and the amount accumulated in the individual account; if he/she is not satisfied with the number of years of contributions as provided for in Article 23(b) of the present Regulations when he/she reaches the retirement age as stipulated in the State regulations, he/she shall receive a lump-sum payment of the accumulated amount of the individual account and shall be entitled to a lump sum payment in accordance with Article 37 of the present Regulations. receive a lump-sum living expense in accordance with the provisions of Article 37 of these Regulations, and terminate the pension insurance relationship in the City.

Article 39: If an employee who goes abroad or settles in Taiwan, Hong Kong or Macao before retirement applies for the termination of pension insurance, the accumulated amount in his/her individual account shall be returned to him/her and his/her pension insurance relationship shall be terminated. If the employee retains his/her pension insurance relationship in the city, returns to the city for employment and continues to pay pension insurance premiums in accordance with the regulations, his/her actual years of pension insurance contributions and the accumulated amount in his/her individual account can be calculated cumulatively.

Article 40 If an employee or retiree dies, his/her individual account accumulation amount can be inherited according to law.

Article 41 In the event of the death of a retired person who enjoys a monthly pension in the city or the death of an active employee who has participated in the basic pension insurance and died not due to work, his/her dependent relatives who are eligible for support at the time of his/her death shall be entitled to the funeral subsidy and the one-time pension.

The standards for the funeral subsidy and one-time pension are:

(1) the funeral subsidy is three times the average monthly salary of the on-the-job employee of the previous year in the city at the time of his/her death;

(2) the one-time pension is based on the average monthly salary of the on-the-job employee of the previous year in the city at the time of his/her death. If the dependent relative is one person, six times of the above base shall be paid; if the dependent relative is two persons, nine times of the above base shall be paid; if the dependent immediate family member is three or more persons, twelve times of the above base shall be paid.

Funeral subsidies and lump-sum pensions are paid from the basic pension insurance fund.

Article 42: Pensions are socialized.

Retirees shall provide their bank account numbers to the municipal social security institution when they go through the procedures for receiving their pensions.

The municipal social security agency shall pay the pension in full and on time in accordance with the regulations.

Article 43 If an employee or a retired person dies, his/her relatives shall declare the death to the Municipal Social Security Institution within thirty days after his/her death.

◆Chapter 4◆Management and Supervision of Pension Insurance Fund

Article 44 The opening of income and expenditure accounts of the pension insurance fund shall be subject to the approval of the municipal finance department.

Article 45 of the pension insurance fund is included in the special account of the municipal finance department, and the management of two lines of income and two lines of expenditure shall be carried out, and the money shall be used exclusively for the purpose, and it is strictly forbidden to squeeze and divert the money.

Article 46 of the municipal finance department in conjunction with the municipal labor security department in accordance with the relevant provisions of the state to establish the pension insurance fund budget and final accounts system.

The municipal finance department shall report to the Standing Committee of the Municipal People's Congress on the implementation of the budget, income and expenditure of the pension insurance fund and the final account.

Article 47 establishes a social insurance supervisory body consisting of representatives of the government, enterprises, labor unions and other parties. No more than one-fourth of the total number of representatives in the social insurance supervisory body shall be government representatives.

The composition, powers and rules of procedure of the social insurance supervisory body shall be set forth in its charter, which shall be submitted to the municipal people's government for approval.

The Social Insurance Supervisory Body shall supervise the implementation of pension insurance laws, rules and regulations, and the income, expenditure, utilization and management of the fund.

Article 48 The municipal auditing authority shall conduct regular audits of the financial income and expenditure of the pension insurance fund each year, and the results of the audits shall be reported to the social insurance supervisory body.

The municipal labor security department shall establish and improve the internal audit supervision system of the pension insurance fund.

The municipal finance department shall, in conjunction with the municipal labor insurance department, establish a sound financial system for the pension insurance fund.

The municipal social security agency shall set up a social insurance premium inquiry system to facilitate enterprises and employees to inquire about their contributions.

Article 49 An enterprise shall declare to the municipal social security institution the wages paid for pension insurance contributions according to the actual total wages of its employees. Enterprises shall inform their employees of the status of their pension insurance contributions every month. Employees have the right to inquire about the status of their pension insurance contributions with the municipal social security institution.

Article 50 If an enterprise violates the provisions of these Regulations by late payment, underpayment and non-payment of pension insurance premiums, the employee may, within two years from the date when the employee knew or should have known that his/her rights had been infringed upon, file a complaint or report to the municipal labor security department or the relevant department, or he/she may also apply for arbitration to the labor arbitration institution directly.

Article 51: The municipal social security institution shall regularly publicize the situation of the pension insurance fund's collection, payment, balance and application to the society every year.

◆Chapter 5: Legal Liability◆

Article 52: If an enterprise fails to pay the pension insurance premiums according to the regulations, the municipal labor security department shall issue a notice to recover the premiums and order the enterprise to pay the premiums within a certain period of time. If the enterprise fails to pay the premiums after the expiration of the period of time, in addition to making up for the unpaid amount, it will be charged with a late fee of two-thousandths of one percent of the total amount of the premiums on a daily basis starting from the date of the unpaid amount.

Article 53 If an enterprise violates the provisions of these regulations by concealing the number of participants or wages paid, failing to register for pension insurance or refusing to provide relevant information, the municipal labor security department shall order it to make corrections within a certain period of time; and if it fails to do so, it may impose a fine of 50,000 yuan on the enterprise, and impose a fine of 10,000 yuan or more than 30,000 yuan on the persons directly responsible for the supervisory personnel and other persons directly responsible for the enterprise.

Article 54 shall be punished by the public security organs in accordance with the provisions of the Law of the People's Republic of China on Punishment for Public Security Administration for interfering with or obstructing the municipal labor security departments, social security agencies and their staff in the performance of their official duties in accordance with the law.

Article 55 After the death of a retired person, if his/her relatives fail to make a declaration after the expiration of the period of time, resulting in an overpayment of old-age insurance benefits, the overpayment of old-age insurance benefits shall be recovered by the municipal social security institution.

In case of fraudulent claiming or over-claiming of pension insurance benefits caused by falsification, the fraudulently claimed or over-claimed pension insurance benefits shall be recovered by the municipal social security institution, and the unit or individual who has made the falsification shall be subject to a fine equal to the amount of the fraudulently claimed or over-claimed benefits.

Article 56 Any unit or individual who misappropriates or crowds out the pension insurance fund in violation of the provisions of these regulations shall be subject to administrative sanctions against the competent persons and persons directly responsible.

Article 57 of the municipal labor security department and social security institutions staff abuse of power, dereliction of duty, favoritism, solicitation and acceptance of bribes, public enrichment at the expense of the public, by their units or the relevant departments shall be subject to administrative sanctions; cause losses to the enterprise, the employee, shall bear the responsibility for compensation.

Article 58 The parties to the municipal labor security department of the specific administrative action, may apply for administrative reconsideration or bring an administrative lawsuit.

If the party concerned does not apply for administrative reconsideration or file an administrative lawsuit against the specific administrative act after the expiration of the time limit, and fails to perform, the Municipal Labor Security Department shall apply to the People's Court for compulsory execution.

◆Chapter 6 Supplementary Provisions◆

Article 59: Retirees referred to in these regulations include retirees and retired persons.

The total wages referred to in this Regulation shall be calculated according to the relevant provisions of the State; the average monthly wages and minimum monthly wages of the employees on duty in the city in the previous year shall be based on the amounts announced by the municipal government and the municipal statistics department.

The number of years of contribution referred to in this Ordinance shall be the sum of the employee's actual years of contribution in the City and the number of years of deemed contribution; the number of years of deemed contribution referred to in this Ordinance shall be the number of years of original continuous service officially recognized by the State prior to the time when an employee formally transferred to the City by the approval of the Labor and Personnel Department of the City participates in the social insurance.

The original method referred to in this Ordinance means the method of calculating pension insurance benefits before June 30, 2006, and the new method referred to in this Ordinance means the method of calculating pension insurance benefits after July 1, 2006.

Article 60: The average monthly salary of on-the-job workers in the city in the previous year shall be calculated on the basis of the average monthly salary of on-the-job workers in the city in the previous two years for the first half of the year for payment of pension insurance premiums and calculation of pension insurance entitlements; and for the second half of the year for payment of pension insurance premiums and calculation of pension insurance entitlements; and for the previous year for payment of pension insurance premiums and calculation of pension insurance entitlements, the average monthly salary of on-the-job workers in the city shall be calculated.

Article 61 The pension insurance of Bao'an and Longgang Districts shall be implemented with reference to these Regulations.

State organs, institutions and employees and temporary staff with whom labor relations have been established shall enforce these Regulations.

The old-age insurance of urban individual economic organizations and their employees, as well as flexibly employed persons of the city's household registration, shall be implemented with reference to these Regulations.

Taiwanese, Hong Kong and Macao personnel employed in the city, as well as foreign nationals, shall have their pension insurance insured in accordance with the relevant provisions of the State.

Article 62 The implementation rules of these Regulations shall be separately formulated by the municipal government.

Article 63 The present Regulations shall come into force on January 1, 1999.

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