Provisions of Beijing Municipality on Endowment Insurance for Employees of Urban Enterprises (1998)

Chapter I General Provisions Article 1 In order to ensure the basic livelihood of workers after retirement, these provisions are formulated in accordance with the Labor Law of People's Republic of China (PRC) and the relevant provisions of the state, combined with the actual situation of this Municipality. Article 2 These Provisions shall apply to enterprises within the administrative area of this Municipality and urban laborers who have formed labor relations with them (hereinafter referred to as the insured).

With the approval of the State Council, enterprises directly organized by relevant departments and units in the State Council to co-ordinate the cost of old-age insurance participate in old-age insurance in this city in accordance with the unified arrangements of the state. Article 3 The term "old-age insurance" as mentioned in these Provisions refers to the basic old-age insurance system in which the social insurance administrative department of this Municipality is responsible for the organization and management according to law, the enterprise and the insured jointly bear the obligation to pay the old-age insurance premium, and the insured enjoys the old-age insurance benefits according to law after retirement. The basic old-age insurance is based on the principle of ensuring the basic livelihood of retirees.

The basic old-age insurance combines social pooling with individual accounts, and gradually increases the proportion of individual accounts. Article 4 The goal of the reform of the old-age insurance system in this Municipality is to gradually establish a multi-level old-age insurance system. In addition to the basic old-age insurance stipulated in these Provisions, enterprises are encouraged to establish supplementary old-age insurance to provide employees with personal savings old-age insurance. Article 5 The old-age insurance for enterprise employees shall be based on the principles of combining social mutual aid with self-protection, combining fairness with efficiency, and separating administrative management from fund management, and the level of protection shall be compatible with the development level of social productive forces in our city and the bearing capacity in all aspects. Article 6 Improve the socialization level of social insurance management services, actively create conditions, and gradually shift the management services of enterprise retirees to the society. Article 7 The insured shall fulfill the obligation to pay the basic old-age insurance premium according to the regulations.

The insured enjoys the following endowment insurance rights:

(a) to receive the basic pension and enjoy other old-age insurance benefits in accordance with the provisions;

(two) query and I related to the old-age insurance payment records;

(3) Providing policy consultation and other services related to endowment insurance;

(four) to apply for arbitration, administrative reconsideration or bring a lawsuit on the old-age insurance dispute related to me according to law;

(five) to supervise the endowment insurance work of social insurance agencies;

(six) supervision of enterprise payment. Eighth enterprises should participate in the basic old-age insurance in accordance with the provisions, handle the old-age insurance procedures for the insured, and fulfill the obligation to pay the basic old-age insurance premium.

Enterprises participating in endowment insurance shall enjoy the following rights:

(a) to the social insurance agency to inquire about the old-age insurance payment records of the unit;

(two) to provide pension insurance policy advice;

(three) to apply for arbitration, administrative reconsideration or bring a lawsuit in accordance with the law on the old-age insurance disputes related to this unit;

(four) to supervise the endowment insurance work of social insurance agencies. Chapter II Organization, Management and Supervision Article 9 This Municipality implements a management system in which social insurance management and fund management are separated, and executive agencies and supervision agencies are separated. Article 10 The municipal social insurance administrative department shall be responsible for the organization, management, supervision and guidance of the endowment insurance for employees of urban enterprises. Its duties are:

(1) Organizing the implementation of the old-age insurance system;

(two) to study and formulate the old-age insurance policy and development plan;

(three) to supervise the payment of endowment insurance premiums, the payment of pensions and the operation of endowment insurance funds;

(four) to guide the business work of social insurance agencies.

The district and county social insurance administrative departments shall be responsible for the specific implementation of the endowment insurance for urban enterprise employees within their respective administrative areas. Eleventh social insurance agencies are responsible for handling endowment insurance affairs. Its duties are:

(1) Collecting endowment insurance premiums according to law, and urging enterprises and insured persons to pay endowment insurance premiums in full and on time;

(two) establish and improve the endowment insurance files and personal accounts of the insured, and ensure the safety and integrity of the endowment insurance files according to law;

(3) Paying the insured's basic pension and other pension insurance benefits according to law;

(four) for the insured pension insurance relationship and personal account transfer procedures;

(five) the preparation of the draft budget and final accounts of the endowment insurance fund on time, and the compilation of accounting statistics;

(six) operating the endowment insurance fund according to law to ensure the safe appreciation of the fund;

(seven) to provide consulting and inquiry services related to endowment insurance to enterprises and the insured;

(eight) to organize and promote the socialized management and service of retirees;

(nine) other duties stipulated by the state and this Municipality. Twelfth municipal social insurance supervision institutions are composed of representatives of the government, enterprises, trade unions and retirees, and are responsible for reviewing the annual revenue and expenditure plans of social insurance funds, and supervising the implementation of social insurance policies and regulations and the management of social insurance funds. Thirteenth social insurance agencies shall regularly provide the following information to the municipal social insurance supervision institutions:

(a) the implementation of endowment insurance laws, regulations and rules;

(two) the internal system construction of social insurance agencies;

(three) the income and expenditure of the endowment insurance fund;

(four) the operation of the endowment insurance fund;

(five) to pay the basic pension and other pension insurance benefits.

The basic information of items (3), (4) and (5) of the preceding paragraph shall be announced to the public after being audited by the municipal social insurance supervision institution.