Regulations of Shenzhen Municipality on the Administration of Social Security

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Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Enterprise Employees

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Take-all Island Securities Network 2006-08-30 Click 65 times

19981adopted at the 27th meeting of the Standing Committee of the Second Shenzhen Municipal People's Congress on October 27th.

● According to the Decision on Amending the Regulations of Shenzhen Special Economic Zone on Basic Old-age Insurance for Enterprise Employees at the Third Meeting of the Standing Committee of the Third Shenzhen Municipal People's Congress on February 22, 2000, the amendment was made for the first time.

● The second amendment was made according to the Decision on Amending the Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Enterprise Employees at the 7th meeting of the Standing Committee of the Fourth Shenzhen Municipal People's Congress on July 26th, 2006.

◆ Chapter I General Provisions

Article 1 In order to ensure the basic livelihood of enterprise employees after retirement, these Regulations are formulated in accordance with the provisions of relevant laws and regulations and in combination with the reality of Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone).

Article 2 The Shenzhen Special Economic Zone implements the social endowment insurance system. The social endowment insurance mentioned in these Regulations includes basic endowment insurance, local supplementary endowment insurance and enterprise annuity and other multi-level endowment insurance.

The Municipal People's Government (hereinafter referred to as the municipal government) shall establish basic old-age insurance and local supplementary old-age insurance; Encourage and support enterprises and employees to participate in enterprise annuities and personal savings endowment insurance.

Article 3 The basic old-age insurance stipulated in these Regulations is applicable to enterprises (including enterprise-managed institutions and private non-enterprise units, the same below) and their employees in the Special Zone.

The local supplementary old-age insurance stipulated in these Regulations shall apply to enterprises in the Special Zone and their employees registered in this Municipality, and shall participate in the basic old-age insurance in accordance with these Regulations.

Enterprises and employees must participate in basic old-age insurance and local supplementary old-age insurance in accordance with the provisions of these regulations.

Article 4 Social endowment insurance shall follow the principles of combining fairness with efficiency, corresponding rights and obligations, and adapting the level of security to the development level of social productive forces.

Article 5 The basic old-age insurance adopts the fund management mode of combining social pooling with individual accounts.

Article 6 The municipal labor and social security administrative department (hereinafter referred to as the municipal labor and social security department) is responsible for the social endowment 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 departments to do a good job in endowment insurance.

The municipal social insurance agency (hereinafter referred to as the municipal social security agency) specifically undertakes social insurance affairs such as basic old-age insurance and local supplementary old-age insurance.

Sub-district offices are responsible for the socialized management and services of retirees within their respective jurisdictions.

◆ Chapter II Collection of Endowment Insurance Fees ◆

Article 7 The sources of the basic old-age insurance fund are: the basic old-age insurance premium and its interest, the overdue fine for the basic old-age insurance premium, the legitimate operating income of the basic old-age insurance fund, financial subsidies and other income.

The sources of local supplementary endowment insurance fund are: local supplementary endowment insurance premium and its interest, local supplementary endowment insurance premium late payment fee, legal operation income of local supplementary endowment insurance fund and other income.

Eighth the total monthly wages of employees as the payment of pension insurance premiums. However, if the total monthly salary of employees exceeds 300% of the average monthly salary of employees in this city in the previous year, the endowment insurance premium will not be levied on the excess; If the total monthly salary of registered employees in this Municipality is lower than 60% of the average monthly salary of employees in this Municipality last year, the endowment insurance premium shall be levied according to 60% of the average monthly salary of employees in this Municipality last year; The payment wages of employees who are not registered in this Municipality shall not be lower than the monthly minimum wage in this Municipality.

Article 9 The contribution rate of the basic old-age insurance is 18% of the employee's salary, of which 8% is the employee's own contribution salary. 10% of the individual contributions paid by the enterprise.

The proportion of local supplementary old-age insurance premiums paid is 1% of the wages paid by employees, which is paid by enterprises.

Article 10 Enterprises and employees shall pay the endowment insurance premium to the municipal social security agency on a monthly basis, and the endowment insurance premium that employees should pay shall be withheld and remitted by their enterprises.

Article 11 The payment of endowment insurance premiums shall be handled by the way that enterprises entrust banks to collect them.

Twelfth city social security institutions should pay the basic old-age insurance premiums for enterprises and employees, according to the following proportions were included in the personal account and the * * * fund:

(1) The employee's personal account is 8% of the paid salary; (two) the rest into the * * * economic fund.

Article 13 For the employees transferred to this Municipality before July 3 1 and 1992, their continuous length of service before July 3 1 and 1992 (except for those who have not participated in the endowment insurance according to the provisions of the municipal government) shall be regarded as the payment period.

Article 14. Employees transferred to this city after 1 August, 9921will no longer pay * * * funds and personal accounts.

1, the employees transferred to this city from August 1992 to1June 30, 1996 have paid the * * * economic fund according to the regulations of the municipal government, and their * * * economic fund will be transferred to their personal accounts.

Fifteenth 1, 65438, 0996 after July transferred to the city's employees, more than the age limit of transferred workers and cadres stipulated by the municipal government, shall pay the over-age pension insurance premium; After payment, the continuous length of service before being transferred to this city shall be regarded as the payment period.

The payment methods and standards for over-age pension insurance premiums shall be formulated separately by the municipal government.

Over-age pension insurance premiums are paid by the transferred units and included in the local supplementary pension insurance fund.

Article 16 If the length of military service (length of service) of demobilized soldiers and military workers placed in this city is calculated as continuous length of service, it shall be regarded as the payment period. Unless otherwise stipulated by the army.

Seventeenth enterprises shall, within 90 days after receiving the business license, go through the formalities of old-age insurance registration and participation in the municipal social security institution.

Article 18 If an enterprise is transferred, merged or divided according to law, the unpaid old-age insurance premium and its late payment fee shall be paid by the changed enterprise; Unless otherwise agreed by the enterprise, it shall be paid by the agreed enterprise.

If an enterprise goes bankrupt or is dissolved according to law, its unpaid old-age insurance premium and overdue fine shall be included in the first liquidation order.

Nineteenth old-age insurance premiums paid by enterprises should be included in the cost. The endowment insurance premiums paid by individuals are extracted before tax.

Article 20 The storage amount in the employee's personal account shall be calculated with reference to the bank deposit interest rate in the same period of each year, and all the interest shall be transferred to the employee's personal account.

Twenty-first municipal social security agencies regularly conduct annual inspections on the payment of old-age insurance premiums by enterprises every year, and issue annual social insurance certificates to those who pass the annual inspection.

Enterprises should provide the annual inspection certificate of social insurance issued by the municipal social security agency when handling the formalities of employment, employee transfer and cadre transfer; Enterprises renting or buying low-profit houses shall provide annual inspection certificates of social insurance.

Twenty-second municipal social security agencies to verify the payment of old-age insurance premiums, enterprises should truthfully provide staff roster, payroll and other related information.

◆ Chapter III Pension Insurance Benefits

Twenty-third employees who enjoy a monthly pension (including unemployed people, the same below) shall meet the following conditions:

(1) Having reached the retirement age or resignation conditions stipulated by the state;

(2) If the registered employees in this city joined the work before July 3, 19921day, the accumulated payment period shall be ten years; If the registered employees of this Municipality join the work after 1 August, 9921,the accumulative payment period shall be fifteen years; The actual payment period of employees who are not registered in this city has accumulated for fifteen years.

Twenty-fourth employees who meet the conditions stipulated in Article 23 of these regulations may go through the formalities of receiving pension from the municipal social security agency, and enjoy the pension insurance benefits according to the regulations after being approved by the municipal social security agency.

Twenty-fifth basic old-age insurance benefits include basic pension, funeral subsidy, one-time pension for dependent relatives, basic medical insurance premium and local supplementary medical insurance premium.

Article 261The monthly basic pension for employees who started work before July 3, 1992 and retired after July 3, 2006 is composed of the following parts:

Basic pension+personal account pension+transitional pension+adjustment fund

Article 27. The basic monthly pensions for employees who start work after August 1 992 and retire before February 3 1 201are as follows:

Basic pension+personal account pension+transitional adjustment fund

For employees who worked from August 1 to August 1 to February 3 1 and retired after June 20 12, their basic pension composition shall be implemented in accordance with the provisions of Article 28.

Article 28. The composition of the monthly basic pension for employees who join the work after 0999+65438+65438/0/0 is as follows:

Basic pension+personal account pension

Twenty-ninth basic pension, personal account pension, transitional pension adjustment and the specific measures are as follows:

(1) Basic pension: based on the average monthly salary of employees in this city in the previous year and the average indexed monthly salary at the time of retirement, the payment shall be calculated and paid at 1% every full year;

(2) Personal account pension: calculated by dividing the accumulated amount of personal account at retirement by the planned number of months stipulated by the state;

(3) Adjustment Fund: 300 yuan;

(4) Transitional adjustment: Retire to 250 yuan every month in 2007, and then retire to 50 yuan every night;

(five) the calculation method of transitional pension and my indexed monthly average payment salary shall be formulated separately by the municipal government.

The basic pension, transitional pension, adjustment fund and transitional adjustment fund are paid by the basic old-age insurance fund. Personal account pension is credited to personal account; After the individual account is withdrawn, it will be paid by the basic old-age insurance fund.

Thirtieth local supplementary pension insurance benefits include transitional subsidies and other subsidies, and the specific standards shall be formulated separately by the municipal government.

Thirty-first retirees with continuous service before1July 3, 19921day recognized by this Municipality shall enjoy seniority allowance according to the relevant provisions of the municipal government, and the specific measures shall be formulated separately by the municipal government.

Article 32 When the returned overseas Chinese workers retire, if the sum of the basic monthly pension and local supplementary pension insurance benefits is lower than the average monthly salary of employees in this Municipality in the previous year, the subsidy of 5% of the average monthly salary of employees in this Municipality in the previous year will be increased every month. Additional subsidies paid by the basic endowment insurance fund.

Thirty-third people who have retired before June 30, 2006, the benefits paid by social security institutions will not be recalculated, but will be paid by the basic old-age insurance fund.

July 1 day to 20 1 1 day in 2006 is a five-year transition period. If the pension benefits calculated by the new method are lower than those calculated by the original method, the pension benefits will still be calculated according to the original method.

The old-age insurance benefits calculated by the new method are higher than those calculated by the original method. Those who retire from July 1 day to June 30, 2006 +0 1 period will be given additional benefits according to a certain proportion of the difference between the benefits calculated by the new method and the original method. The specific proportion shall be stipulated separately by the municipal government. Those who retire after July 20 1 1 year will receive pension insurance benefits according to the new method.

During the transition period, when calculating the basic pension and transitional pension according to the original method, the average monthly salary of employees in this city in the last year of 2005 will be uniformly used.

Thirty-fourth 1949 September 30th to participate in the revolutionary work, the pension insurance benefits with reference to the pension insurance benefits of similar personnel in this city.

Thirty-fifth retirees who enjoy the monthly pension insurance benefits, their basic medical insurance premiums and local supplementary medical insurance premiums shall be paid by the basic pension insurance fund.

Thirty-sixth retirees basic old-age insurance benefits are adjusted once a year in July. The specific adjustment ratio is approved according to the average monthly wage growth of employees in this Municipality last year, and is approved by the municipal labor and social security department.

Thirty-seventh employees who have reached the retirement age stipulated by the state, but the payment period is not satisfied, can apply for a one-time payment of personal account accumulation and one-time living expenses, and terminate the pension insurance relationship in this city.

The standard of one-time living expenses for registered employees in this city is the average monthly salary of employees in this city in the previous year when they pay one-month retirement fee every full year.

The standard of one-time living expenses for employees who are not registered in this Municipality is the minimum monthly salary in this Municipality when they pay one month's retirement fee every year.

Thirty-eighth employees who leave the city before retirement, their pension insurance relationship shall be handled in the following ways:

(a) the pension insurance relationship can be transferred, according to the provisions of the transfer of pension insurance relationship, end the pension insurance relationship in this city;

(two) the pension insurance relationship can not be transferred, after my application, you can receive a one-time personal account accumulation, the end of the pension insurance relationship in this city;

(3) If the pension insurance relationship stays in this city, and I return to this city for employment and continue to pay the pension insurance premium according to the regulations, the actual payment period and the accumulated storage amount of personal accounts can be calculated cumulatively; When reaching the retirement age stipulated by the state, if you are dissatisfied with the payment period stipulated in Item (2) of Article 23 of this Ordinance, you will receive the accumulated amount of your personal account at one time, and receive a one-time living allowance according to the provisions of Article 37 of this Ordinance, and terminate the pension insurance relationship in this Municipality.

Thirty-ninth employees who go abroad or settle in Taiwan Province, Hongkong and Macao before retirement and apply for termination of old-age insurance, the accumulated amount in their personal accounts of old-age insurance will be returned to them and the old-age insurance relationship will be terminated. If the old-age insurance relationship is still in this city, and if you are re-employed in this city and continue to pay old-age insurance premiums according to regulations, the actual payment period of old-age insurance and the accumulated storage amount of personal accounts can be calculated cumulatively.

Fortieth employees or retirees die, and the accumulated amount in their personal accounts can be inherited according to law.

Article 41 If a retiree who receives a monthly pension in this Municipality dies or an on-the-job employee who participates in the basic old-age insurance dies non-work-related, the dependent relatives who meet the supporting conditions at the time of his death shall enjoy funeral subsidies and one-time pensions.

The standards for funeral grants and one-time pensions are:

(a) the funeral allowance is three times the average monthly salary of employees in this Municipality in the previous year when he died;

(two) the one-time pension is calculated according to the average monthly salary of employees in this city last year at the time of his death. If the dependent relative is one person, it shall be paid at 6 times of the above base; If there are two dependent relatives, pay nine times the above base; If three or more immediate family members are supported, they shall be paid at 12 times of the above base.

Funeral grants and one-time pensions are paid from the basic old-age insurance fund.

Forty-second pensions are socialized.

Retirees should provide the bank account number to the municipal social security agency when going through the formalities of receiving pensions.

City social security agencies should pay pensions in full and on time according to regulations.

Forty-third employees or retirees die, their relatives should report to the municipal social security agency within thirty days after their death.

◆ Chapter IV Management and Supervision of Endowment Insurance Fund

Forty-fourth the opening of the pension fund income and expenditure account shall be subject to the examination and approval of the municipal finance department.

Forty-fifth pension funds into the municipal financial accounts, the implementation of two lines of revenue and expenditure management, earmarking, misappropriation is strictly prohibited.

Forty-sixth municipal finance department in conjunction with the municipal labor and social security department in accordance with the relevant provisions of the state to establish a pension 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 and final accounts of the budget revenue and expenditure of the endowment insurance fund.

Article 47 A social insurance supervision institution composed of representatives of the government, enterprises, trade unions and other parties shall be established. The number of government representatives in social insurance supervision institutions shall not exceed a quarter of the total number of representatives.

The composition, powers and rules of procedure of social insurance supervision institutions shall be stipulated in the articles of association and implemented after being approved by the Municipal People's Government.

Social insurance supervision institutions shall supervise the implementation of laws, regulations and rules on endowment insurance and the income and expenditure, use and management of funds.

Forty-eighth municipal audit institutions shall regularly audit the financial revenue and expenditure of the endowment insurance fund every year, and the audit results shall be reported to the social insurance supervision institutions.

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

The municipal finance department shall, jointly with the municipal labor and social security department, establish and improve the financial system of the endowment insurance fund.

The municipal social security institution shall establish a social insurance fee inquiry system to facilitate enterprises and employees to inquire about the payment.

Forty-ninth enterprises should declare the old-age insurance payment wages to the municipal social security agency according to the actual total wages of employees. The enterprise shall inform the employees of the payment of the endowment insurance premium of the unit every month. Workers have the right to inquire about the payment of old-age insurance premiums from the municipal social security institutions.

Article 50 If an enterprise violates the provisions of these Regulations and fails to pay, underpays or fails to pay the old-age insurance premium, the employees may, within two years from the date when they know or should know that their rights and interests have been infringed, complain and report to the municipal labor and social security department or relevant departments, or directly apply to the labor arbitration institution for arbitration.

Article 51 The municipal social security institution shall regularly announce the collection, payment, balance and utilization of the endowment insurance fund to the public every year.

◆ Chapter V Legal Liability

Article 52 If an enterprise fails to pay the old-age insurance premium as required, the municipal labor and social security department will issue a notice of recovery and order the enterprise to pay it within a time limit; Fails to pay, in addition to repay the amount owed, from the date of default, an additional 2/1000 of the daily fines.

Fifty-third in violation of the provisions of this Ordinance, the municipal labor and social security department shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, it may impose a fine of 50,000 yuan on the enterprise, and impose a fine of 1 10,000 yuan to 30,000 yuan on the directly responsible person in charge and other directly responsible personnel.

Fifty-fourth units and individuals that interfere with or hinder the municipal labor and social security departments, social security institutions and their staff from performing their official duties according to law shall be punished by the public security organs in accordance with the provisions of the Law of People's Republic of China (PRC) on Public Security Administration Punishment.

Fifty-fifth after the death of retirees, their relatives failed to declare within the time limit, resulting in receiving more pension insurance benefits, and the overpaid pension insurance benefits shall be recovered by the municipal social security agency.

If fraud causes fraudulent or overpaid pension insurance benefits, the municipal social security agency shall recover the fraudulent or overpaid pension insurance benefits and impose a fine of the same amount on the fraudulent unit or individual.

Fifty-sixth any unit or individual who misappropriates or occupies the endowment insurance fund in violation of the provisions of these regulations shall be given administrative sanctions to the relevant person in charge and the person directly responsible.

Article 57 If the staff of the municipal labor and social security department and the social security agency abuse their powers, neglect their duties, engage in malpractices for selfish ends, ask for bribes, and embezzle public interests, they shall be given administrative sanctions by their units or relevant departments; If losses are caused to enterprises and employees, they shall be liable for compensation.

Fifty-eighth if a party refuses to accept a specific administrative act made by the municipal labor and social security department, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

If a party fails to apply for administrative reconsideration or bring an administrative lawsuit within the time limit and fails to perform a specific administrative act, the municipal labor and social security department shall apply to the people's court for compulsory execution.

◆ Chapter VI Supplementary Provisions

Article 59 The term "retirees" as mentioned in these Regulations includes retirees and former employees.

The total wages mentioned in these regulations are calculated according to the relevant provisions of the state; The average monthly salary and minimum monthly salary of employees in the city last year shall be subject to the amount announced by the municipal government and the municipal statistics department.

The term "payment period" as mentioned in these Regulations refers to the sum of the actual payment period and the deemed payment period of employees in this Municipality; The term "deemed payment period" as mentioned in these Regulations refers to the original continuous service period officially recognized by the state before the employees are officially transferred to the city to participate in social insurance with the approval of the labor and personnel department of this Municipality.

The original method mentioned in these Provisions refers to the method of calculating and distributing pension benefits before June 30, 2006, and the new method mentioned in these Provisions refers to the method of calculating and distributing pension benefits after July 1 day, 2006.

Article 60 When enterprises and employees pay endowment insurance premiums and plan to pay endowment insurance benefits, the average monthly salary of employees in this city in the previous year, the payment in the first half of the year and the plan shall be calculated according to the average monthly salary of employees in this city in the last two years; In the second half of the year, the payment and payment are calculated according to the average monthly salary of employees in this city in the previous year.

Article 61 The old-age insurance in Baoan and Longgang Districts shall be implemented with reference to these Regulations.

State organs, institutions and their employees and temporary workers who establish labor relations with them shall implement these regulations.

The endowment insurance for urban individual economic organizations with household registration in this Municipality and their employees and flexible employees shall be implemented with reference to these regulations.

Old-age insurance for people from Taiwan, Hong Kong and Macao and foreigners employed in this Municipality shall be implemented in accordance with the relevant provisions of the state.

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

Article 63 These Regulations shall come into force as of 1999 1 month 1 day.