Provisions of Guangdong Province on Social Security Retirement

Legal analysis: According to Yuefu No.96 and other relevant documents, only those who reach the legal retirement age and retire after July 20 13/day can receive the basic pension on a monthly basis after retirement. The basic pension consists of five parts: basic pension, personal account pension, transitional pension, local pension and seniority subsidy. If the insured reaches the statutory retirement age and the payment period is less than 15 years, he may apply for deferred payment or one-time pension insurance treatment according to regulations. The basic pension is determined according to factors such as individual cumulative payment years, payment wages, average salary of local employees, personal account amount, average life expectancy of urban population, etc. There are three legal retirement ages in this country. The first is the normal retirement age: men reach 60 years old, women cadres reach 55 years old and women workers reach 50 years old; Second, the retirement age of employees engaged in special types of work: specifically, they are engaged in high-altitude and particularly heavy manual labor 10 years, engaged in underground and high-temperature work for 9 years, or engaged in toxic and harmful health work for 8 years. Male 55 years old, female 45 years old; Third, the age of retirement from illness: men over 50 years old and women over 45 years old, who have been identified by the hospital and confirmed by the labor ability appraisal Committee to be completely incapacitated.

Legal basis: Regulations on the Administration of Social Insurance Premium Declaration and Payment.

Article 16 If the employing unit is under any of the following circumstances, the social insurance agency shall issue a notice of unpaid social insurance premiums within five working days from the date of finding out the facts of unpaid social insurance premiums, order the employing unit to pay them back within five working days after receiving the notice, and inform that if it fails to pay them within the time limit, it shall be handled in accordance with the provisions of Articles 63 and 86 of the Social Insurance Law:

(a) failing to declare and pay social insurance premiums in accordance with the provisions;

(2) Failing to pay social insurance premiums in full and on time after the declaration;

(three) due to concealment, omission of the number of employees, payment base and other matters and pay less social insurance premiums.

Article 17 If an employer fails to pay the overdue fine within the time limit as stipulated in Article 16 of these Provisions, the social insurance agency may inquire about its deposit account in the employer's bank or other financial institution according to the provisions of the second paragraph of Article 63 of the Social Insurance Law.

Eighteenth social insurance agencies can apply to the administrative department of social insurance for a decision on the allocation of social insurance premiums according to the results of the inquiry, and submit the following materials:

(a) the name, legal representative, address and contact information of the employer;

(two) the employer's bank, account name and account number;

(three) the facts, reasons and basis for the application for allocation;

(four) the amount of social insurance premiums applied for allocation;

(five) other materials required by the administrative department of social insurance.

Article 19 After receiving the application for allocation from the social insurance agency, the administrative department of social insurance shall, in accordance with the provisions of the Administrative Compulsory Law of the People's Republic of China, make a timely decision on the allocation of social insurance premiums, and notify the bank or other financial institution of the employing unit in writing to make the allocation.

Article 20 The decision made by the administrative department of social insurance to allocate social insurance premiums shall be delivered to the employing unit in accordance with the provisions of the Administrative Compulsory Law of the People's Republic of China and copied to the social insurance agency.