Hebei Province Provincial Social Security Documents

Hebei Province, the Office of Labor and Social Security on the implementation of the Jilao Social [2008] No. 38 document notice of the relevant issues 2008-1-20 large and small Issuing unit: Hebei Province, the Office of Labor and Social Security No.: Hebei Labor and Social Security Office [2008] No. 13 Issue date: 2008-1-20 implementation date: 2008-1-20 municipal labor and social security bureaus: the provincial labor and Office of Social Security "on urban enterprises and employees to pay basic pension insurance premiums notice" (Jilao social [2008] No. 38, hereinafter referred to as Document 38) issued, some cities and units require some of the specific issues to be clarified. After study, is hereby notified as follows: First, on the "interruption of the pension insurance relationship of the enterprise", refers to have participated in the pension insurance, returned to the enterprise for reasons of self-management, during this period of time, neither to the social insurance agency to declare the base amount of contributions, and do not claim the basic pension of retirees in the enterprise, the retirement costs of the enterprise by the enterprise to bear the burden of their own enterprises. It does not include the enterprises which have already participated in the insurance but should declare the contribution base without declaring it, should pay the contributions without paying them, and the basic pensions of the retirees of the unit are still issued by the social insurance agency in arrears. Second, the former collective enterprises, after the issuance of the Notice on the Integration of Pension Insurance of Collective Enterprises into Provincial Integration by the Provincial Department of Labor and Security and the Provincial Department of Finance (No. 10 of Jiluosha [2001]), did not register for social insurance with the social insurance agency in accordance with the State Council's "Provisional Regulations on the Collection of and Payment of Social Insurance Premiums" (Decree No. 259 of the State Council of 1999), and they have been insolvent or are on the verge of insolvency, and they have not paid any premiums for many years, and the current units have no ability to pay premiums. Those who have not made contributions for many years and the current organization is no longer capable of making contributions do not fall within the scope of retroactive contributions as stipulated in Document No. 38. Should be in accordance with the State Council "on effectively do a good job of enterprise retirees basic pension on time and in full and the basic livelihood protection of laid-off workers in state-owned enterprises notice" (Guofa [2000] No. 8), into the scope of the minimum subsistence guarantee for local urban residents to enjoy the "low income" treatment. Third, enjoy the preferential policies of Article 4 of Document No. 38 to participate in or continue the pension insurance relationship of the enterprise, it should form a labor relationship with the number of all employees to report and participate in pension insurance. Enterprises should provide the social insurance agency with raw materials such as statistical reports on labor and wages, financial statements, wage accounts, original records of wage payments, etc., which will be reviewed and approved by the social insurance agency, and then the contributions will be made in accordance with the provisions of the law. Fourth, after the implementation of enterprise and individual contributions, has not been contributing to the personnel, has reached or exceeded the retirement age, does not belong to the scope of the 38th Document of the retroactive contributions, the Department of Labor and Social Security will not handle the retirement approval procedures. Fifth, into the city "low insurance" of the former urban collective enterprise workers have not reached the retirement age, now engaged in self-employment or freelance personnel, according to the provisions of Article 7 of Document No. 38 can be implemented. Those who are engaged in self-employment or freelancing at the time of their first employment can only calculate the actual contribution period from the date of joining the pension insurance, and after interrupting the contributions for various reasons, they will not make up for the previous arrears of contributions after re-enrolling in the insurance. Sixth, before the issuance of Document No. 38 has gone through retirement procedures, the social insurance agency will no longer accept the application for review of the contribution situation, the individual workers due to the contribution base is not true that caused by the underpayment of pension insurance premiums will not make up for the basic pension will not be recalculated. If the enterprise underpayment of pension insurance premiums and affect the retirement treatment, the original unit is responsible for resolving the problem. Seventh, in view of some municipalities due to the above issues are not clear, has not yet handled the retroactive payment procedures, the city may be appropriate according to the actual situation to extend the implementation of the 38th document, the extension of time tentatively not more than the end of June 2008. January 20, 2008 Hebei Province, the Office of Labor and Social Security

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