Regulations of Nanchang Municipality on Social Insurance for Employees

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the relevant laws and regulations of the state for the purpose of establishing and improving the social insurance system for employees in this Municipality, guaranteeing the basic livelihood and basic rights and interests of retired, unemployed, work-related injuries and sick employees, promoting economic development and maintaining social stability. Article 2 The social insurance for employees shall be shared by the state, units and individuals, and be compatible with economic development. Article 3 The employee social insurance mentioned in these Regulations refers to employee pension, unemployment, work injury and medical insurance. Article 4 These Regulations shall apply to the following employees (including regular employees, employees with labor contracts and temporary workers) and their employers in cities and towns within the administrative area of this Municipality:

(a) the central, provincial, municipal and county (District) enterprises, street enterprises and their employers;

(2) Employees of joint-stock enterprises and private enterprises and their employers;

(3) Chinese employees of foreign-invested enterprises and their employers;

(4) Employees of non-financial institutions and their employing units;

(five) labor export personnel and their units;

Except as otherwise provided by laws and regulations. Article 5 All employees and their employers who meet the scope stipulated in these Regulations must participate in social insurance according to law and fulfill the obligation to pay social insurance benefits, and employees have the right to enjoy social insurance benefits. Article 6 The labor administrative departments of the people's governments of cities and counties (districts) shall be in charge of the social insurance work of employees within their respective administrative areas according to their duties, and the social insurance management institutions to which they belong shall be responsible for the specific work.

The main responsibilities of social insurance management institutions are:

(a) the implementation of national and provincial and municipal people's government laws and regulations on social insurance;

(two) responsible for the collection, management and disbursement of social insurance funds;

(three) to handle other matters entrusted by the people's government at the same level and its labor administrative department. Article 7 Departments of finance, taxation, auditing, industry and commerce administration, banks and trade unions shall, according to their respective functions and duties, assist in the implementation of these Regulations. Chapter II Raising of Social Insurance Funds Article 8 Social insurance funds shall be raised according to the principle of fixed income, slight balance and partial accumulation.

The basic old-age insurance and medical insurance for employees shall be shared by units and individuals, and social pooling and individual accounts shall be combined.

Unemployment, work-related injuries and medical insurance funds are insufficient, which shall be subsidized by the finance at the same level; When the basic old-age insurance fund is insufficient, first apply to the provincial social insurance management institution to allocate the adjustment fund; When it is still insufficient, it will be subsidized by the finance at the same level. Article 9 The composition of social insurance funds:

(1) Endowment insurance funds, including basic endowment insurance, enterprise supplementary endowment insurance and individual savings endowment insurance;

(2) Unemployment insurance fund;

(3) Industrial injury insurance fund;

(4) medical insurance fund. Tenth employers and employees pay social insurance premiums according to the following standards;

(a) the basic old-age insurance premium, the employer according to the payment of wages (or the sum of total wages and retirement fees) to pay 23%, employees according to my payment of wages to pay 3%;

(2) Unemployment insurance, which is paid by the employer at 1% of the paid wages, and by individual employees at 1 yuan per month;

(3) Work-related injury insurance premium, which is 0.4%, 1.55% and 2.4% of the wage paid by the employer according to the danger degree of different industries and the frequency of work-related injuries, and the rate fluctuates according to the safety production situation of the enterprise.

(4) Medical insurance, the employer shall pay 10% of the salary paid by the employee, and retirees and disabled revolutionary soldiers above Grade B shall not pay.

The payment standard of social insurance fund shall be adjusted by the Municipal People's Government according to the economic development and average social wage growth of this Municipality. Article 11 The social insurance premium paid by the employer in accordance with the provisions of Article 10 of these Regulations shall be withdrawn by the enterprise before tax and charged to the management fee. Non-financial institutions, pre-tax extraction, charged to their own funds.

The supplementary endowment insurance premium paid by the employer is paid from the public welfare fund.

The social insurance premiums paid by individual employees shall be withheld and remitted by the employer when paying wages. Article 12 Social insurance premiums paid by employers and individual employees in accordance with the provisions of Article 10 of these Regulations shall be collected from employers by social insurance management institutions on a monthly basis, in the same order as the payment of wages, and employers shall not refuse to pay. Article 13 An employer may establish enterprise supplementary endowment insurance for employees, and the enterprise supplementary endowment insurance shall be paid by the employer to the social insurance management institution. Individual workers can voluntarily participate in personal savings endowment insurance. Article 14 When an employer leases, contracts or merges, the lessee, the contractor and the merged party must pay social insurance premiums for their employees. Article 15 When an employer is unable to continue to fulfill its obligation to pay social insurance premiums for its employees due to bankruptcy, cancellation or dissolution, it shall, in accordance with national laws, regulations and relevant provisions, pay off the unpaid social insurance premiums to the social insurance management institution with all its property in advance, and allocate the retirement fee of the employer retirees for 10 years at one time. Chapter III Social Insurance Benefits Article 16 Employees participating in endowment insurance shall enjoy the following benefits:

(a) meet the retirement conditions stipulated by the state, from the second month of retirement formalities, according to the relevant provisions of the national or provincial and municipal people's government standards to the social insurance management institutions to receive basic pension, until the month of death.

(two) to pay the basic old-age insurance premium 10 years or more (including the number above, excluding the number below, the same below), and the basic pension received shall not be lower than the minimum standard stipulated by the state.

(3) If the basic pension is paid according to items (1) and (2) of this article, it shall be increased by 60% of the average monthly wage growth rate of this Municipality in the previous year, and adjusted 1 time every year. No adjustment will be made when the average monthly salary of the society in this Municipality last year does not increase or negative growth.

(4) Supplementary endowment insurance and individual savings endowment insurance paid by employers and employees, and employees can receive the paid amount and interest from social insurance management institutions in one lump sum or monthly after going through retirement procedures; After the death of an employee, his insurance money and interest can be inherited according to law.

(five) after the death of retired workers, their relatives can receive funeral subsidies and one-time pensions from social insurance management institutions according to regulations.

(six) retired workers live, the basic old-age insurance benefits stipulated in these regulations remain unchanged.