Interim Measures for Pension Insurance for Farmers in Yuxi City who have been Expropriated Land

Notice of the General Office of the People's Government of Guangdong Province on the Opinions of the Provincial Office of Human Resources and Social Security on Further Improving the Work of Pension Security for Farmers on Expropriated Land in the Province

(GD-FU-BO [2010] No. 41)

People's Governments of Municipalities at Different Levels, People's Governments of Counties (Municipalities and Districts), and Departments and Institutions Directly Affiliated to the Provincial Government: The Provincial Office of Human Resources and Social Security's Opinions on Opinions on Further Improving the Provincial Pension Security for Farmers on Expropriated Land" has been agreed by the provincial people's government and is hereby forwarded to you, please conscientiously carry out the implementation. Problems encountered in the implementation, please radial to the provincial human resources and social security office.

Office of the People's Government of Guangdong Province

Opinions on Further Improving the Work of Pension Protection for Farmers whose Land is Expropriated in the Province on July 13, 2010

(Provincial Office of Human Resources and Social Security)

In order to further improve the work of pension protection for the farmers whose land is expropriated in the province, to effectively safeguard the lawful rights and interests of the farmers who have been expropriated, and to maintain social harmony and stability, the following opinions are now put forward. The following comments. First, combined with the promotion of new rural social pension insurance, the realization of the expropriated farmers should be insured as much as possible included in the new rural pension insurance (hereinafter referred to as the new rural insurance) pilot areas, in accordance with the "State Council on the development of new rural social pension insurance pilot guidance" (Guo Fa [2009] No. 32) and "Guangdong Province, the implementation of pilot measures for the new rural social pension insurance" (Guangdong Province [2009] No. 124) requirements, to carry out the local farmers' pension security work, and to ensure that they are protected by the new social pension insurance. ), carry out a comprehensive survey of the basic situation of local farmers, urgently formulate the implementation of the new rural insurance pilot opinions and work programs, accelerate the establishment of the new rural insurance system, and gradually realize the basic old-age security for all farmers. The pension security system for farmers whose land has been expropriated should be incorporated into the new rural insurance system, and the personal accounts and years of contributions of participants in the original system should be combined and calculated, and the benefits should be paid out in accordance with the relevant provisions of this opinion. For those who have already received an old-age pension, the new rural insurance basic pension will be added to the original pension. Regions not yet included in the pilot of the New Rural Insurance shall, in accordance with the system model and main policies of the New Rural Insurance, give priority to organizing the participation of expropriated farmers in the social pension insurance, and implement the subsidies provided by the government and the collective to the expropriated farmers. II. Improve the pension security policy and raise the level of pension treatment for the expropriated farmers. Since the date of the issuance of this opinion, appropriately raise the individual contribution standard of the expropriated farmers (including the new expropriation projects after the issuance of this opinion and the expropriated projects which have already paid the social security deposits and gone through the procedures of pre-expropriation approval and reporting), and increase the basic pensions. (i) Increase the individual contribution standard. The minimum individual contribution standard for land-expropriated farmers is 50 yuan per person per month, to be paid by the pension security funds separately accrued at the time of land expropriation. The people's governments of cities and counties (cities and districts) at or above the local level may, in accordance with local realities, raise the minimum contribution standard or set up additional contribution levels for the requisitioned farmers to choose from. If the individual contribution standard chosen by the land requisitioned farmers is higher than the minimum contribution standard determined by the local government, the cost of the higher portion shall be borne by the individual. (ii) Increasing the basic pension. Expropriated land farmers will increase their basic pension by 55 yuan per person per month. In areas included in the New Rural Insurance Pilot Program, expropriated farmers will have their New Rural Insurance base pension increased by another 55 yuan per person per month to 110 yuan in accordance with the New Rural Insurance regulations. The minimum contribution standard and basic pension standard of social pension insurance for expropriated farmers shall be adjusted by the provincial people's government in due course in accordance with the level of economic and social development, price level and other aspects. (iii) Old-age treatment. Land-expropriated farmers who have reached the age of 60 and have contributed for 15 years may apply for a monthly pension as stipulated in this opinion. The pension of the land-expropriated farmers consists of the personal account pension and the basic pension. Individual account pension is paid from the individual account, and the monthly payment standard is the amount of personal account storage divided by 139. If the land-expropriated farmers reach the age of 60 and have paid contributions for less than 15 years, they will receive the benefits in accordance with the provisions of the New Farmers' Insurance. Third, the establishment of a multi-party funding mechanism to ensure the implementation of funds in place to establish the government, collective, individual, project owners and other multi-party funding mechanism, the implementation of funds for the pension security of farmers whose land has been expropriated to ensure that the standard of living of farmers whose land has been expropriated will not be lowered. (i) The land use unit shall make a one-time contribution to the pension security funds of the expropriated farmers. The land use unit shall make a one-time contribution to the pension fund of the expropriated farmers in accordance with the method of contribution to the pension fund of the expropriated farmers stipulated in this Opinion, and use it to pay the pension insurance premiums of the expropriated farmers individually in accordance with the minimum standard of the local area. (b) Village collective economic organizations in a position to do so shall subsidize the participation of expropriated farmers in rural social pension insurance. The standard of subsidy shall be determined by the general meeting of the members of the village collective economic organization or the meeting of the representatives of the members. All funds from the collective subsidy shall be credited to individual accounts. (c) Governments at all levels reasonably share the costs of old-age security for expropriated farmers. 1. Individual contribution subsidies. The provincial, municipal and county (city and district) governments subsidize the contributions of the insured land-expropriated farmers in accordance with the provisions of Article 124 of the Guangdong Provincial Government [2009].2. Basic Pension. The basic pension of 55 yuan per person per month for the land requisitioned farmers is borne by the provincial, municipal and county (city and district) governments in accordance with a certain proportion according to the nature of the project. For key provincial projects, the provincial government will bear 50% (i.e. 27.5 yuan), and the municipal and county (city and district) governments*** will bear 50% (i.e. 27.5 yuan). Other projects are borne by city and county (city and district) governments. New rural insurance pilot areas of land requisitioned farmers increased by the new rural insurance base pension according to the provisions of the Guangdong Provincial Government [2009] No. 124 to solve. Fourth, the scientific determination of the number of guarantees, reasonable accrual of social security funds (a) the number of expropriated farmers into the old-age security determination. When expropriating land, the number of expropriated farmers to be included in the scope of old-age protection shall be determined first. Among them, when expropriating agricultural land, the area of expropriated agricultural land shall be divided by the per capita area of agricultural land of the expropriated unit (administrative village) at the end of 2002, so as to calculate the number of people supported by the land, and then the number of people required to be guaranteed shall be calculated by multiplying the number of people supported by the number of people over 16 years of age of the expropriated unit; when the number of people required to be guaranteed exceeds the population of the expropriated unit of 16 years of age or older, the social security contributions shall be calculated by the actual number of people required to be guaranteed (in the case of expropriation of construction land and unused land). (The calculation methods for land use and unutilized land shall be separately formulated by the Provincial Department of Human Resources and Social Security and the Department of Land and Resources). (ii) Old-age protection fund calculation. In order to ensure the implementation of the pension security costs of the expropriated farmers, in accordance with the relevant provisions of Article 42 of the Property Law of the People's Republic of China, for the land expropriation projects since the date of issuance of this opinion, the land use units shall make a separate accrual of the pension security funds of the expropriated farmers based on the number of people who should be included in the pension security and the amount of the 15-year contribution in accordance with the minimum contribution standard of the expropriated farmers in the locality and shall be included in the cost of expropriating the land. Where collective construction land or collective unutilized land is expropriated, the pension guarantee funds shall be provided with reference to the standard for providing pension guarantee funds for expropriated agricultural land; where the expropriated land belongs to the land retained by the expropriated unit, no pension guarantee funds shall be provided. The pension guarantee funds for the expropriated farmers shall be deposited in the local fiscal special account. After the specific object of the pension security for the expropriated farmers is determined, the funds are used to pay for the individual contributions of the determined object of the pension security and are credited to the individual account. V. Simplify the social security audit procedures to speed up the project approval for the provincial key projects land acquisition, in accordance with the principle of simplicity and efficiency, the opening of land acquisition social security audit "green channel". March 1, 2008 after the land acquisition project in the land approval stage, the land unit can take a one-time full pre-funding of social security costs or the form of payment of deposits to deal with. The land acquisition projects after March 1, 2008 can be processed by the land use units in the form of full one-time advance deposit of social security fees or payment of deposit. If a deposit is paid, the land use unit shall deposit the deposit into the "Transitional Account for Collecting Social Security Funds for Expropriated Farmers" according to the standard of RMB 2,000/mu, and make a commitment to social security to the people's government at or above the county level in accordance with the prescribed format; and the people's government at or above the county level shall provide the commitment to provide old-age pension security for the expropriated farmers in accordance with the prescribed format (see Attachment 1). The people's government at or above the county level shall provide the pension security undertaking of the expropriated farmers according to the prescribed format (see Annex 1), and perform the relevant procedures prior to the approval of land acquisition in accordance with the relevant provisions of the "Notice on Issues Relating to Social Security for Farmers whose Land is Expropriated and Transmitted to the Ministry of Labor and Security and the Ministry of Land and Resources for Effective Implementation of Social Security for Farmers who have their Land Expropriated" (GDLLS [2007] No. 22); the Human Resources and Social Security Department (the Labor and Social Security Department) shall issue the social security examination and approval letter for the expropriation of the land within seven working days (see Annex 2). After the approval of the land requisition and approval procedures for the project, the land use unit shall deposit the pension security funds (after deducting the pre-deposit deposit) into the special account of the finance within 7 working days. The department in charge of the land use unit shall be responsible for supervising the land use unit to deposit the accrued pension fund into the special account on time. If the land use unit fails to deposit the pension security funds on time, the administrative department of human resources and social security (labor security, social security) shall order the payment of the funds by a certain date. If the payment is not made by the deadline, in addition to recovering the outstanding fees, a late payment fee of two thousandths of one percent of the total amount shall be added on a daily basis from the date of non-payment, up to a maximum of one times the principal amount. The late payment is included in the rural social pension fund. If the land acquisition project is not approved, the deposit is returned in full to the land use unit. Expropriated farmers who have already participated in rural social pension insurance or basic pension insurance for urban enterprise workers shall be deemed to have implemented the policy of pension security for expropriated farmers, and the accrued pension security costs shall be issued to their individuals for subsidizing their continued participation and contributions.

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