How many elderly people in China have no social security fund?

Funeral expenses and pensions vary from place to place. I hope down there.

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(adopted at the 17th meeting of the Standing Committee of the 11th NPC on October 28th, 2006/KLOC-0)

catalogue

Chapter I General Provisions

Chapter II Basic Endowment Insurance

Chapter III Basic Medical Insurance

Chapter IV Industrial Injury Insurance

Chapter V Unemployment Insurance

Chapter VI Maternity Insurance

Chapter VII Collection and Payment of Social Insurance Fees

Chapter VIII Social Insurance Fund

Chapter IX Handling of Social Insurance

Chapter X Social Insurance Supervision

Chapter II XI Legal Liability

Chapter XII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated in accordance with the Constitution for the purpose of adjusting the social insurance relationship, safeguarding citizens' legitimate rights and interests in participating in social insurance and enjoying social insurance benefits, enabling citizens to enjoy the fruits of development and promoting social harmony and stability.

Article 2 The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, so as to guarantee citizens' right to receive material assistance from the state and society in accordance with the law in case of old age, illness, industrial injury, unemployment and maternity.

Article 3 The social insurance system adheres to the principles of wide coverage, basic protection, multi-level and sustainability, and the level of social insurance should be compatible with the level of economic and social development.

Article 4 Employers and individuals who pay social insurance premiums according to law in People's Republic of China (PRC) have the right to inquire about payment records and personal rights and interests records, and demand

Provide social insurance consulting and other related services.

Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Fifth people's governments at or above the county level will include social insurance.

The state raises social insurance funds through multiple channels. People's governments at or above the county level shall give necessary financial support to social insurance.

The state supports social insurance through preferential tax policies.

Article 6 The State exercises strict supervision over social insurance funds.

The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall establish and improve the supervision and management system of social insurance funds to ensure the safe and effective operation of social insurance funds.

People's governments at or above the county level shall take measures to encourage and support all sectors of society to participate in the supervision of social insurance funds.

Article 7 The administrative department of social insurance in the State Council is responsible for the management of social insurance throughout the country, and other relevant departments in the State Council are responsible for the relevant social insurance work within their respective functions and duties.

The social insurance administrative department of the local people's government at or above the county level shall be responsible for the social insurance management within its administrative area, and other relevant departments of the local people's government at or above the county level shall be responsible for the relevant social insurance work within their respective functions and duties.

Article 8

Provide social insurance services, be responsible for social insurance registration, personal rights and interests record, social insurance benefits payment, etc.

Article 9 Trade unions shall safeguard the legitimate rights and interests of employees according to law, and have the right to participate in the research on major social insurance issues, participate in the social insurance supervision committee, and supervise matters related to employees' social insurance rights and interests.

Chapter II Basic Endowment Insurance

Tenth employees should participate in the basic old-age insurance, and employers and employees should pay the basic old-age insurance premium.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.

The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.

Eleventh basic old-age insurance to implement the combination of social pooling and individual accounts.

The basic old-age insurance fund consists of employers, individual contributions and government subsidies.

Article 12 The employing unit shall pay the basic old-age insurance premium according to the proportion of the total wages of employees stipulated by the state and record it in the basic old-age insurance pooling fund.

Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual accounts respectively.

Thirteenth employees of state-owned enterprises and institutions to participate in the basic old-age insurance, the basic old-age insurance premiums payable during the payment period shall be borne by the government.

When the basic old-age insurance fund is insufficient to pay, the government gives subsidies.

Article 14 Individual accounts shall not be withdrawn in advance, and the bookkeeping interest rate shall not be lower than the bank time deposit interest rate, and interest tax shall be exempted. If an individual dies, the balance of the individual account can be inherited.

Fifteenth basic pension consists of overall pension and individual account pension.

The basic pension is determined according to factors such as individual cumulative payment years, payment wages, average salary of local employees, personal account amount, average life expectancy of urban population, etc.

Sixteenth individuals to participate in the basic old-age insurance, to achieve

If the accumulated payment has reached fifteen years, the basic pension will be received monthly.

Individuals to participate in the basic old-age insurance, realize

If the accumulated payment is less than fifteen years, you can pay for fifteen years and receive a basic pension on a monthly basis; Can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, enjoy the corresponding pension insurance benefits in accordance with the provisions of the State Council.

Seventeenth individuals who participate in the basic old-age insurance, due to illness or non-work-related death, their survivors can receive funeral grants and pensions; Before arriving.

Disability due to illness or non-work

Yes, you can get disability allowance. The required funds are paid from the basic old-age insurance fund.

Article 18 The state establishes a normal adjustment mechanism for basic pensions. According to the average wage increase and price increase of employees, the basic old-age insurance treatment level will be improved in a timely manner.

Nineteenth individuals across the overall regional employment, the basic old-age insurance relationship with my transfer, the cumulative payment period. When an individual reaches the statutory retirement age, the basic pension is calculated in stages and distributed uniformly. Specific measures shall be formulated by the State Council.

Article 20 Establishment and perfection of the State

The new rural social endowment insurance combines individual contributions, collective subsidies and government subsidies.

Twenty-first new rural social endowment insurance benefits are composed of basic pension and personal account pension.

Rural residents who participate in the new rural social endowment insurance meet the conditions stipulated by the state and receive the benefits of the new rural social endowment insurance on a monthly basis.

Article 22 The State shall establish and improve the social endowment insurance system for urban residents.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation, combine the social endowment insurance for urban residents with the new rural social endowment insurance.

Chapter III Basic Medical Insurance

Twenty-third employees should participate in the basic medical insurance for employees, and employers and employees should pay the basic medical insurance premiums in accordance with state regulations.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic medical insurance for employees and other flexible employees can participate in the basic medical insurance for employees, and individuals pay the basic medical insurance premium in accordance with state regulations.

Article 24 the state is established and improved.

Measures for the administration of the new rural cooperative medical system shall be formulated by the State Council.

Article 25 the state is established and improved.

The basic medical insurance for urban residents combines individual contributions with government subsidies.

People who enjoy the minimum living guarantee, disabled people who have lost their ability to work, elderly people and minors over 60 years old in low-income families, etc. , subsidized by the government.

Twenty-sixth basic medical insurance for employees, new rural cooperative medical care and basic medical insurance for urban residents shall be implemented in accordance with state regulations.

Twenty-seventh individuals who participate in the basic medical insurance for employees, when they reach the statutory retirement age, will no longer pay the basic medical insurance premium after retirement and enjoy the basic medical insurance benefits in accordance with state regulations; Those who have not reached the fixed number of years prescribed by the state may pay the fees to the fixed number of years prescribed by the state.

Twenty-eighth medical expenses that meet the basic medical insurance drug list, diagnosis and treatment items, medical service facilities standards and emergency treatment and rescue shall be paid by the basic medical insurance fund in accordance with state regulations.

Twenty-ninth medical expenses of the insured shall be paid by the basic medical insurance fund.

Direct settlement with medical institutions and pharmaceutical business units.

The administrative department of social insurance and the administrative department of health shall establish a settlement system for medical expenses in different places to facilitate the insured to enjoy the basic medical insurance benefits.

Thirtieth the following medical expenses are not included in the basic medical insurance fund payment scope:

(a) shall be paid by the industrial injury insurance fund;

(2) It shall be borne by a third party;

(three) shall be borne by public health;

(4) Go abroad for medical treatment.

Medical expenses that should be borne by a third party according to law. If the third party is unable to pay or cannot determine the third party, the basic medical insurance fund will pay in advance. After the basic medical insurance fund pays in advance, it has the right to recover from the third party.

Thirty-first social insurance agencies may, according to the needs of management services, sign service agreements with medical institutions and pharmaceutical business units to standardize medical service behavior.

Medical institutions shall provide reasonable and necessary medical services for the insured.

Thirty-second individuals across the overall regional employment, the basic medical insurance relationship with my transfer, the cumulative payment period.

Chapter IV Industrial Injury Insurance

Article 33 Employees shall participate in work-related injury insurance, and the employer shall pay the work-related injury insurance premium, while employees shall not pay the work-related injury insurance premium.

Article 34 The state determines the differential rates of different industries according to the degree of industrial injury risk, and determines the rate grades of different industries according to the use of industrial injury insurance funds and the incidence of industrial injuries. Industry differential rates and intra-industry rates shall be formulated by the administrative department of social insurance of the State Council, and promulgated and implemented after being approved by the State Council.

Social insurance agencies shall determine the employer's payment rate according to the employer's use of work-related injury insurance funds, the incidence of work-related injuries and the level of industry rates.

Article 35 The employing unit shall pay the work-related injury insurance premium according to the total wages of employees and the rate determined by the social insurance agency.

Thirty-sixth employees who are injured by accidents or suffer from occupational diseases due to work reasons and are recognized as work-related injuries shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability treatment.

Work injury identification and labor ability appraisal should be simple and easy.

Article 37 An employee who is injured or dies at work shall not be regarded as a work-related injury under any of the following circumstances:

(1) Intentional crime;

(2) Being drunk or taking drugs;

(3) self-mutilation or suicide;

(4) Other circumstances stipulated by laws and administrative regulations.

Article 38 The following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations:

(a) medical expenses and rehabilitation expenses for the treatment of work-related injuries;

(2) Hospitalization food subsidies;

(three) transportation and accommodation expenses for medical treatment outside the overall planning area;

(four) the cost of installing and configuring assistive devices for the disabled;

(five) life can not take care of themselves, by

Confirmed living nursing expenses;

(6)

Monthly disability allowance for disabled workers from grade one to grade four;

(seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;

(8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths;

(nine) labor ability appraisal fee.

Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations:

(a) wages and benefits during the treatment of work-related injuries;

(two) the monthly disability allowance for disabled employees of Grade 5 and Grade 6;

(3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.

Fortieth workers who meet the conditions of receiving basic old-age pension shall stop issuing disability allowance and enjoy basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, the difference will be made up by the industrial injury insurance fund.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums according to law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund.

The industrial injury insurance benefits paid in advance from the industrial injury insurance fund shall be repaid by the employer. If the employer fails to repay, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.

Article 42 If a work-related injury is caused by a third person, and the third person fails to pay the medical expenses for the work-related injury or cannot identify the third person, the work-related injury insurance fund shall pay in advance. After the industrial injury insurance fund is paid in advance, it has the right to recover from the third party.

Forty-third injured workers in any of the following circumstances, stop enjoying the benefits of work-related injury insurance:

(1) Losing the conditions for enjoying treatment;

(two) refused to accept the labor ability appraisal;

(3) refusing treatment.

Chapter V Unemployment Insurance

Forty-fourth employees should participate in unemployment insurance, and employers and employees should pay unemployment insurance premiums in accordance with state regulations.

Forty-fifth unemployed people meet the following conditions, receive unemployment insurance money from the unemployment insurance fund:

(a) before unemployment, the employer and I have paid unemployment insurance premiums for one year;

(two) the employment is not interrupted because of my will;

(three) registered unemployed and have job requirements.

Forty-sixth unemployed people, before unemployment, the employer and I accumulated contributions for more than one year but less than five years, the longest period of receiving unemployment insurance money is twelve months; If the accumulated payment is over five years but less than ten years, the maximum period for receiving unemployment insurance benefits is eighteen months; If the accumulated payment is more than ten years, the maximum period for receiving unemployment insurance benefits is twenty-four months. If you are unemployed again after re-employment, the payment time will be recalculated, and the period of receiving unemployment insurance benefits will be combined with the period of receiving unemployment insurance benefits that should have been received but not received in the previous unemployment, and the longest period will not exceed 24 months.

Article 47 The standard of unemployment insurance benefits shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and shall not be lower than the minimum living standard for urban residents.

Forty-eighth unemployed people in the period of receiving unemployment insurance benefits, to participate in the basic medical insurance for employees, enjoy the basic medical insurance benefits.

The basic medical insurance premiums payable by the unemployed are paid from the unemployment insurance fund, and individuals do not pay the basic medical insurance premiums.

Article 49 If an unemployed person dies while receiving unemployment insurance benefits, he shall pay a one-time funeral subsidy and pension to his survivors with reference to the local regulations on the death of on-the-job workers. The required funds are paid from the unemployment insurance fund.

If an individual dies and meets the conditions for receiving basic old-age insurance, industrial injury insurance and unemployment insurance funeral subsidies, his survivors can only choose to receive one of them.

Article 50 The employing unit shall issue a certificate of termination or dissolution of labor relations for the unemployed in time, and inform the social insurance agency of the list of unemployed persons within 15 days from the date of termination or dissolution of labor relations.

Unemployed persons shall, with the certificate of termination or rescission of labor relations issued by their own units, go to the designated public employment service institutions for unemployment registration in time.

Unemployed people with unemployment registration certificate and personal identity documents, to the social insurance agencies to receive unemployment insurance procedures. The time limit for receiving unemployment insurance benefits shall be calculated from the date of unemployment registration.

Fifty-first unemployed people in any of the following circumstances during the period of receiving unemployment insurance benefits, stop receiving unemployment insurance benefits, and at the same time stop enjoying other unemployment insurance benefits:

(1) Re-employment;

(2) Those who should be conquered for military service;

(3) Having emigrated;

(four) enjoy the basic old-age insurance benefits;

(5) Refusing to accept appropriate jobs or training provided by departments or institutions designated by local people's governments without justifiable reasons.

Fifty-second cross-regional employment of employees, their unemployment insurance relationship with my transfer, the cumulative payment period.

Chapter VI Maternity Insurance

Fifty-third employees should participate in maternity insurance, the employer should pay maternity insurance premiums in accordance with state regulations, and employees do not pay maternity insurance premiums.

Fifty-fourth employers have paid maternity insurance premiums, and their employees enjoy maternity insurance benefits; Unemployed spouses of employees enjoy maternity medical expenses in accordance with state regulations. The required funds are paid from the maternity insurance fund.

Maternity insurance benefits include maternity medical expenses and maternity allowance.

Fifty-fifth maternity medical expenses include the following:

(1) Maternity medical expenses;

(two) family planning medical expenses;

(3) Other project expenses stipulated by laws and regulations.

Fifty-sixth employees in any of the following circumstances, can enjoy maternity allowance in accordance with state regulations:

(1) Female employees enjoy maternity leave;

(2) Enjoy family planning operation leave;

(3) Other circumstances stipulated by laws and regulations.

Maternity allowance is calculated and paid according to the average monthly salary of employees in the previous year of the employer.

Chapter VII Collection and Payment of Social Insurance Fees

Article 57 An employing unit shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall, within fifteen days from the date of receiving the application, examine and issue the social insurance registration certificate.

Where the social insurance registration items of the employing unit are changed or the employing unit is terminated according to law, it shall, within 30 days from the date of change or termination, go to the social insurance agency to handle the change or cancellation of social insurance registration.

The administrative department for industry and commerce, the civil affairs department and the organization management organ shall promptly notify the social insurance agency of the establishment and termination of the employing unit, and the public security organ shall promptly notify the social insurance agency of the birth, death, household registration, transfer and cancellation of an individual.

Article 58 An employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.

Article 59 People's governments at or above the county level shall strengthen the collection of social insurance premiums.

Social insurance premiums shall be uniformly collected, and the implementation steps and specific measures shall be stipulated by the State Council.

Article 60 The employing unit shall declare on its own and pay social insurance premiums in full and on time. Except for legal reasons such as force majeure, the payment shall not be postponed or reduced. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.

Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.

Sixty-first social insurance fee collection agencies shall collect social insurance premiums in full and on time according to law, and regularly inform employers and individuals of the payment situation.

Article 62 If the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the employer last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency shall make settlement in accordance with the provisions.

Article 63 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.

Chapter VIII Social Insurance Fund

Article 64 Social insurance funds include basic old-age insurance funds, basic medical insurance funds, industrial injury insurance funds, unemployment insurance funds and maternity insurance funds. All social insurance funds shall be accounted for according to the types of social insurance, and a unified national accounting system shall be implemented.

The social insurance fund is earmarked for special purposes, and no organization or individual may occupy or misappropriate it.

The basic old-age insurance fund will gradually implement national overall planning, and other social insurance funds will gradually implement provincial overall planning. The specific time and steps shall be stipulated by the State Council.

Article 65 Social insurance funds shall achieve balance of payments through budgets.

When the social insurance fund is insufficient to pay, the people's governments at or above the county level shall give subsidies.

Article 66 The social insurance fund shall establish its budget according to the overall level. The budget of the social insurance fund shall be compiled separately according to the social insurance items.

Article 67 The preparation and examination and approval of the draft budget and final accounts of the social insurance fund shall be carried out in accordance with the law and the provisions of the State Council.

Article 68 Social insurance funds shall be deposited in special financial accounts, and specific management measures shall be formulated by the State Council.

Article 69 Social insurance funds shall be invested and operated in accordance with the regulations of the State Council under the premise of ensuring safety, so as to maintain and increase the value.

Social insurance funds shall not be used for illegal investment and operation, for balancing other government budgets, for building or rebuilding office buildings, and for paying personnel expenses, operating expenses and management expenses, or for other purposes that violate laws and administrative regulations.

Seventieth social insurance agencies shall regularly announce to the public the participation in social insurance and the income and expenditure, balance and income of social insurance funds.

Article 71 The state establishes a national social security fund, which consists of funds allocated by the central government and raised by other means approved by the State Council, and is used to supplement and regulate social security expenditure. The national social security fund is managed and operated by the national social security fund management and operation organization, and the value is maintained and increased on the premise of ensuring safety.

The national social security fund shall regularly announce the income and expenditure, management and investment operation to the public. The financial department, social insurance administrative department and auditing organ of the State Council supervise the revenue and expenditure, management and investment operation of the national social security fund.

Chapter IX Handling of Social Insurance

Seventy-second social insurance agencies should be established in the overall planning area. According to the needs of the work, with the approval of the local social insurance administrative department and the organization management organ, the social insurance agency may set up branches and service outlets in this overall planning area.

The personnel expenses of social insurance agencies and the basic operating expenses and management expenses incurred in handling social insurance shall be guaranteed by the finance at the same level in accordance with state regulations.

Article 73 Social insurance agencies shall establish and improve business, financial, safety and risk management systems.

Social insurance agencies shall pay social insurance benefits in full and on time.

Seventy-fourth social insurance agencies through business handling, statistics, investigation and other means to obtain the data needed for social insurance work, the relevant units and individuals should provide timely and truthful.

The social insurance agency shall establish a file for the employer in a timely manner, completely and accurately record the social insurance data such as personnel's participation in social insurance and payment, and properly keep the original vouchers for registration and declaration and accounting vouchers for payment and settlement.

The social insurance agency shall timely, completely and accurately record the individual's personal rights and interests such as social insurance payment, employer's payment and social insurance benefits, and regularly send the personal rights and interests records to me free of charge.

Employers and individuals can inquire and check the records of payment and social insurance benefits from social insurance agencies free of charge, and ask social insurance agencies to provide social insurance consultation and other related services.

Article 75 The national social insurance information system shall be built by the people's governments at or above the county level in accordance with the principle of unified national planning and graded responsibility.

I hope it helps you.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.