Social security statute of limitations judicial interpretation

The statute of limitations for social security is generally within 2 years.

If the violation of labor security laws, regulations or rules has not been discovered by the labor security administrative department within 2 years, and has not been reported or complained about, the labor security administrative department will no longer investigate or deal with it. The period stipulated in the preceding paragraph shall be calculated from the date of occurrence of the violation of labor security laws, regulations or rules; if the violation of labor security laws, regulations or rules has a continuous or continuing state of a hundred, it shall be calculated from the date of the end of the act.

The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration is calculated from the date when the parties know or should know that their rights and interests have been infringed upon.

Social security medical insurance reimbursement process is as follows:

1, medical insurance, whether urban workers medical or urban residents medical, first need to be hospitalized according to the local health insurance agency approved by the local sentinel medical institutions;

2, if you need to go to other medical institutions for treatment, you need to go to the local community hospitals or community health service centers or If you need to go to other medical institutions for treatment, you need to go to the local community hospital or community health service center or the designated medical institution to issue a referral certificate;

3. If you are hospitalized in the local health insurance designated medical institution, the hospital will automatically deduct the part of the reimbursement from the medical insurance when you are discharged from the hospital;

4. If you have not been reimbursed by the hospital because you have not been hospitalized for the treatment of your local health insurance designated medical institution or for the treatment of your radiation therapy or chemotherapy, you can bring the official invoice issued by the hospital, medical diagnosis, details of the medication used and a copy of the medical diagnosis.

5, if the treatment is carried out in other medical institutions, there is a referral certificate, after discharge, or not discharged from the hospital must be December 31 each year before all the treatment invoices, hospital diagnosis, hospitalization certificates, identity cards, social security cards, medication detailed list, medical records

6, if there is no proof of referral or direct medical treatment in a different place (sometimes the situation is urgent or the distance is too far to be able to issue a referral certificate in time), in this case, you need to go to the community where you live to issue a certificate of residence, for example, it is rented here, or with their children and so on. Just bring all the documents from step 5, plus the proof of residence, with you when you make your reimbursement.

The process of paying social insurance is as follows:

1. Go to the individual contribution window of the social security organization to get and fill in the "Social Insurance Individual Contribution Declaration Form" and the "Entrusting Banks to Collect Social Insurance Premiums Contract";

2. Go to the account opening bank to have the seal stamped on the "Entrusting Banks to Collect Social Insurance Premiums Contract";

3. Hold the information required to be provided for participation in the insurance, Social Insurance Individual Contribution Declaration Form" and "Contract for Commissioning Banks to Collect Social Insurance Premiums" to the individual contribution window of the social security institution in the district where the household registration is located to go through the procedures for enrollment;

4. If you need to apply for the "Labor Security Card", you must come in person and provide a copy of your ID card (checking the original) as well as the return receipt of the digital photo taken by the networked photo shop of the second-generation ID card recognized by the municipal public security organs.

In summary, the relevant policies and regulations of different provinces and regions may be slightly different, and the specific implementation may need to refer to the specific local regulations.

Legal basis:

Article 2 of the Social Insurance Law of the People's Republic of China

The state establishes a social insurance system of basic pension insurance, basic medical insurance, industrial injury insurance, unemployment insurance, maternity insurance, etc., to protect the right of citizens to obtain material assistance from the state and society in accordance with the law in the event of old age, sickness, industrial injury, unemployment and maternity.