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Retirement age of employees from social security to flexible employment

Legal analysis:

The retirement age of flexible employees is 60 for men and 55 for women. Among them, female insured persons who have paid for insurance in the former public-owned enterprises and institutions for 10 years (including deemed payment) and have been employed flexibly for more than 2 years can choose to go through retirement procedures between the ages of 50 and 55 upon their own application.

Flexible employment refers to a way of employment that is different from the traditional mainstream in working hours, income and remuneration, workplace, insurance and welfare, labor relations and so on. Flexible employees refer to those who achieve employment or re-employment in flexible and diverse forms such as part-time, temporary, seasonal and flexible work within the working age range (men are 65 years old and women are under 55 years old), including: self-employed employment, including self-employed and partnership; Self-employed, such as freelancers, lawyers, freelance writers, singers, models, intermediary service workers, etc. Temporary workers, such as domestic hourly workers, street vendors and other odd jobs.

Legal basis:

Article 84 of the Social Insurance Law of People's Republic of China (PRC), if the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.

Derivative problem:

1. How to calculate the basic pension?

Basic pension = basic pension+personal account pension

1, basic pension = (average monthly salary of employees in the autonomous region last year+average monthly payment salary of myself) ÷2× payment period × 1%

2, personal account pension = personal account storage amount ÷ months.

3. In addition, enterprise retirees in our district can also receive 120 yuan winter heating subsidy every month.

According to the above formula, we can see that the level of payment base, the length of payment period and the level of social salary at retirement are important indicators for calculating pension.

Two, the same payment period, the higher the payment base, the higher the pension benefits.

At present, flexible employees can pay the basic old-age insurance premium according to 20% of their selected payment base, and the payment base is determined according to 100%, 60% and 50% of the average monthly salary of employees in the autonomous region last year. The payment base directly affects the level of retirement pension.

Three, the same payment base, the longer the payment period, the higher the pension benefits.

At present, the minimum cumulative payment period for flexible employees is 15 years. Men who reach the legal retirement age are 60 years old (women are 55 years old) and can go through retirement procedures. During the payment period, flexible employees choose to stop paying endowment insurance after the accumulated payment reaches 15 years, and their pension benefits will be greatly affected when they go through retirement procedures at the legal retirement age. The reason is that the new pension calculation and payment method stipulates that the longer the payment period, the higher the proportion of basic pension and the higher the pension benefits received after retirement.