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What is the difference between the social security of local migrant workers in Guangzhou and that of urban residents?
Local and municipal people's governments, county (city, district) people's governments, provincial government departments and directly affiliated institutions:
The Opinions of the Provincial Labor and Social Security Department on Doing a Good Job in the Basic Old-age Security for Landless Farmers have been agreed by the provincial people's government and are hereby forwarded to you, please implement them carefully. Problems encountered in the implementation, please promptly report to the Provincial Department of Labor and Social Security.
General Office of Guangdong Provincial People's Government
Press release issued on 24 October 2007/KLOC-0.
Opinions on doing a good job in the basic old-age security for landless farmers Provincial Department of Labor and Social Security
Solving the problem of basic old-age security for land-expropriated farmers is an important content of implementing the spirit of establishing a social security system covering urban and rural residents at the Sixth Plenary Session of the Sixteenth CPC Central Committee, and an important measure to relieve the worries of land-expropriated farmers, safeguard their legitimate rights and interests, and effectively solve the "three rural issues". According to the spirit of Opinions of Guangdong Provincial Party Committee and Guangdong Provincial People's Government on Solving Some Problems of Social Security (Yue Fu [2007] 14), we now put forward the following opinions on doing a good job in the basic old-age security for landless farmers in Guangdong Province:
I. Basic principles
(a) the principle that the level of payment and security is compatible with the level of economic and social development. Reasonably determine the payment base and proportion, so that farmers can afford the expenses, and the benefits can guarantee the basic life, and the fund can't make ends meet.
(two) the principle of combining individual contributions, collective subsidies and government support.
(3) the principle of the unity of rights and obligations. Individuals who pay more enjoy more benefits, and those who don't pay do not enjoy benefits.
(four) the principle of low starting point, wide coverage and multi-level.
(five) the rural social insurance system and the urban social insurance system run in two tracks, and the principle of mutual docking and gradual merger.
(6) The principles of employment security, old-age insurance and welfare security shall be implemented by age groups.
Second, the object of protection
The term "land expropriation" as mentioned in this opinion refers to the legal act that the state turns collectively-owned land into state-owned land in accordance with the procedures prescribed by law for the public interest, and gives compensation and resettlement to the expropriated rural collectives and individuals according to law.
The land-expropriated farmers mentioned in this opinion refer to the registered agricultural population who have the right to contract rural collective land at the time of land expropriation, including the land-expropriated farmers in the urban planning area and the land-expropriated farmers outside the urban planning area, that is, the people who lost more than 1/2 agricultural land in the urban planning area (including the seat of county and town governments) due to land expropriation; After land expropriation outside the urban planning area, the per capita cultivated land area of landless farmers is lower than that of the agricultural population in the county (city, district), which is 1 /3. Included in the specific list of land-expropriated farmers' social security objects, discussed by the villagers' congress and approved by the villagers' committee, publicized by the town (township) people's government for 7 days, and reported to the labor security administrative department of the county (city, district) for the record.
Third, the way of protection.
For landless farmers, different security methods are implemented according to different age groups.
(a) actively promote the employment of landless farmers. /kloc-Land-expropriated farmers aged over 0/6 and under 35 are the key targets for training and employment. Land-expropriated farmers in urban planning areas are included in the public employment service system and the urban unemployment registration management system, enjoy public employment services and related training support policies that are unified with urban residents, and participate in social insurance for urban workers according to regulations after employment. The rural youth who meet the training access conditions among the landless peasants outside the urban planning area will be unified into the "Guangdong Million Rural Youth Skills Training Project" and the vocational skills training and employment plan, and practical vocational skills training will be carried out to promote their transfer to non-agricultural industries and stable employment in cities and towns. Participate in social insurance for urban workers according to regulations after employment. Encourage landless farmers to find jobs or start their own businesses. Those who are unemployed within the working age and have the desire to find employment can enjoy the relevant support policies to promote employment and re-employment, and participate in the basic old-age insurance for landless farmers on a voluntary basis.
(two) the establishment of the basic old-age security system for landless farmers. Land-expropriated farmers over the age of 35 and under the age of 59 who have not participated in the basic old-age insurance for urban workers shall participate in the basic old-age insurance for land-expropriated farmers. Land-expropriated farmers who have reached the age of 60 when the basic old-age insurance system for land-expropriated farmers is implemented will be included in the scope of old-age subsidies, and the "living allowance for the elderly" will be paid monthly until their death. The funds needed to pay the "living allowance for the elderly" shall be uniformly arranged from the resettlement subsidies and land compensation fees for landless farmers approved according to law. If the two fees are insufficient to pay, the local government will solve them from the paid use income of state-owned land. Those who meet the conditions of receiving "living allowance for the elderly" may also choose to participate in the basic old-age insurance for landless farmers at one time.
Four. Account size and treatment level
The scale of individual accounts of basic old-age insurance for landless farmers is determined according to the minimum living standard of local residents and the average life expectancy of people over 60 years old in China, and it is compatible with the local economic development and affordability. After the death of the insured, the personal payment principal and interest in his personal account can be inherited by his successor. The monthly standard of basic pension is based on the average life expectancy of people over 60 years old in China, and the principal and total income of individual accounts are allocated monthly, which shall not be lower than the local minimum living standard. All localities can calculate the corresponding payment level according to the pre-determined treatment standard.
The standard of "living allowance for the elderly" should be roughly equivalent to the sum of the fees paid by the collective economy for individuals stipulated in the basic old-age insurance system for landless farmers and the standards of personal subsidies given by the local government. The calculation method of basic pension should be concise and easy to understand. The basic pension and "old age living allowance" are paid monthly until the end of life.
The basic old-age insurance system for landless farmers should adhere to the principle of supporting fixed income and self-seeking balance, and raise fees in accordance with the principle of reasonable burden on the government, collectives and individuals. Individuals pay according to a certain proportion, and the rest are paid by the collective and subsidized by the local government. Among them, the compensation fee for land acquisition and resettlement, the income from the circulation and distribution of collective land use rights, and the dividends of collective economic shares obtained by individuals should be given priority to pay the personal part of the basic old-age insurance premium for landless farmers. If the above income is not enough to offset the payment, it can also be paid with other personal income. The collective commitment shall be discussed and decided by the villagers' congress, and shall be paid from the income from the transfer of the right to use collective construction land and the specified proportion or the operating income of collective assets in the land acquisition compensation. Government subsidies can be arranged from the transfer income of state-owned land use rights of local governments.
VI. Receiving Conditions
Landless farmers who have participated in the basic old-age insurance, who have reached the age of 60, have paid a total of 15 years, and can receive the basic pension on a monthly basis. If the cumulative payment period is less than 15 years, individuals can choose to postpone payment for 5 years or 10 years until it reaches 15 years, or enjoy basic old-age insurance benefits on a monthly basis after paying the fees that they and the collective should pay for 5 years or 10 years; Individuals can also choose not to continue to pay fees, divide the balance of personal accounts by the average life expectancy of people over 60 years old in China, and pay basic pensions on a monthly basis until the personal accounts are fully paid.
Seven. Fund raising and management
The collection agency of the endowment insurance fund for landless farmers shall be determined by the municipal people's government. Social insurance agencies are responsible for establishing individual accounts for each insured person. The endowment insurance fund for land-expropriated farmers shall be subject to "two lines of revenue and expenditure", which shall be included in the management of special financial accounts, and shall be established separately with the urban social insurance fund, managed separately and earmarked for special purposes. Misappropriation by any unit or individual is strictly prohibited. Financial and auditing departments at all levels shall supervise the income and expenditure of funds according to law.
Eight, the overall way and the competent department
In principle, the basic old-age insurance system for landless farmers is implemented at the county (city, district) level, and all localities should pay close attention to studying and formulating specific measures to gradually implement municipal-level overall planning, and actively promote municipal-level overall planning. The local labor and social security department is responsible for the management of the basic old-age insurance for landless farmers, and the social insurance agency is responsible for the specific handling work.
Nine, the relationship and connection between the basic old-age insurance for landless farmers and the basic old-age insurance for urban workers.
With the development of economy and the improvement of urbanization level, the basic old-age insurance system for landless farmers and urban workers can be integrated into a unified old-age insurance system when conditions are ripe. Those who are employed in cities and towns after participating in the basic old-age insurance for land-expropriated farmers shall participate in the basic old-age insurance for urban workers according to regulations, but they shall not participate in two kinds of old-age insurance at the same time. Those who have participated in the old-age insurance for cadres of village (neighborhood) committees according to local regulations may also voluntarily choose to participate in the basic old-age insurance for landless farmers, but they may not participate in both types of old-age insurance at the same time. Those who have participated in the basic old-age insurance for urban workers or landless farmers at different times during the whole payment period (hereinafter referred to as "two kinds of old-age insurance") shall be dealt with in the following ways: (1) If the insured persons meet the conditions for receiving the benefits of "two kinds of old-age insurance" at the same time, the old-age insurance shall be paid by "two kinds of old-age insurance" respectively according to the regulations; Those who only meet one kind of pension insurance treatment conditions will receive pension insurance according to the provisions of pension insurance, and the other will return the principal and income of personal account in one lump sum to terminate the pension insurance relationship.
(two) do not meet the conditions of enjoying the "two kinds of old-age insurance", the insured can choose to keep the basic old-age insurance account of landless farmers, and continue to pay 15 years later to receive the old-age insurance on a monthly basis; Or choose not to continue to pay, just divide the total personal account by the average life expectancy of the population over 60 years old in China, and pay the old-age insurance monthly until the personal account is issued.
X. Risk preparation
In order to protect the basic old-age insurance benefits of land-expropriated farmers and prevent payment risks, all localities can establish local overall reserves according to the actual situation and a certain proportion of the total basic old-age insurance premiums of land-expropriated farmers in that year to solve the annual treatment adjustment expenses and bear the risk of longevity. The establishment of local overall planning reserve shall be decided by the government at the same level in the overall planning area in accordance with the principle of "whoever makes overall planning and establishes", and the required funds shall be arranged as a whole from the income from the transfer of state-owned land use rights. When the accumulated amount of local overall reserve reaches 20% of the total amount collected in the previous year, the reserve can no longer be injected in that year; When the accumulated amount of local overall reserve is lower than 10% of the total amount collected in the previous year, the reserve can be re-injected.
XI。 Implementation requirements
The basic old-age security system for landless peasants is an important part of the old-age security system for peasants. On the basis of establishing the basic old-age security system for land-expropriated farmers in the whole province, the old-age security system for farmers should be fully established in economically developed areas; More developed areas should choose qualified counties (cities, districts) to carry out pilot projects and gradually establish an old-age security system for farmers; Underdeveloped areas should choose qualified towns (townships) and explore the establishment of farmers' old-age security system.
People's governments at all levels should attach great importance to the basic old-age security for landless farmers, and the main leaders should personally ask questions, and the leaders in charge should do a good job to ensure the necessary personnel and work funds. Where the measures for the implementation of the basic old-age security for landless farmers have been introduced or relevant work has been carried out, it should be standardized and improved according to the spirit of this opinion; Where the implementation measures have not been issued, the implementation measures should be formulated according to the spirit of this opinion and reported to the provincial labor and social security department for the record.
All localities and relevant departments should intensify publicity and widely mobilize landless farmers to actively participate in the basic old-age insurance for landless farmers. It is necessary to study and solve new situations and problems in work in a timely manner, constantly sum up experience and improve the system. Labor and social security, land and resources, finance, local taxation, agriculture, construction and other departments at all levels should divide their work and cooperate closely, and implement the responsibility system at all levels to ensure that all the work is implemented and that all eligible land-expropriated farmers are included in the basic old-age security.
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