Can endowment insurance be transferred across provinces?

Notice of the General Office of the State Council on Forwarding the Interim Measures of Ministry of Human Resources and Social Security and the Ministry of Finance on the Transfer and Continuation of the Basic Endowment Insurance for Urban Enterprise Employees (Guo Ban Fa [2009] No.66)

People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:

Ministry of Human Resources and Social Security, the Ministry of Finance, "Interim Measures for the Transfer and Continuation of the Basic Endowment Insurance for Urban Enterprise Employees" has been approved by the State Council and is hereby forwarded to you. Please conscientiously implement it according to the actual situation.

the General Office of the State Council

Press release issued on 28 February 2009/KLOC-0.

Attachment 1

Interim Measures for the Transfer and Continuation of Basic Old-age Insurance for Employees of Urban Enterprises

Ministry of Finance of Ministry of Human Resources and Social Security

Article 1 These Measures are formulated to effectively protect the legitimate rights and interests of employees participating in the basic old-age insurance for urban enterprises (hereinafter referred to as the insured), promote the rational allocation and orderly flow of human resources, and ensure the flow of the insured across provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as the inter-provincial) and the smooth transfer of the basic old-age insurance relationship when they are employed in cities and towns.

Article 2 These Measures shall apply to all persons who participate in the basic old-age insurance for employees of urban enterprises, including migrant workers. Those who have received basic old-age insurance benefits according to state regulations will no longer transfer the basic old-age insurance relationship.

Article 3 If the insured person is employed by floating across provinces, the social insurance agency of the original insured place (hereinafter referred to as the social insurance agency) will issue the insurance payment voucher, and the basic old-age insurance relationship will be transferred to the new insured place. If the insured reaches the conditions for receiving the basic old-age insurance benefits, the payment period of insurance premiums will be calculated together, and the amount of personal account storage (including principal and interest, the same below) will be calculated cumulatively; Before reaching the age of receiving treatment, the basic old-age insurance relationship shall not be terminated, and the procedures for surrender shall be handled; Settle abroad and settle in Hongkong, Macao and Taiwan Province Province, according to the relevant provisions of the state.

Article 4 When the insured transfers the basic old-age insurance relationship through inter-provincial floating employment, the transfer funds shall be calculated in the following way:

(1) Storage in personal account: before 1998 65438+ 10/month, transfer is calculated according to the accumulated principal and interest paid by the individual; after 1 9981,transfer is calculated according to all the storage in personal account.

(2) Overall fund (unit contribution): based on 1998 1 my actual contribution salary in the following years, the transfer will be made according to the sum of 12%. If the insured payment is less than 1 year, the transfer shall be calculated according to the actual payment months.

Article 5 The transfer of the basic old-age insurance relationship of the insured with inter-provincial floating employment shall be handled in accordance with the following provisions:

(1) If the insured person returns to his domicile (referring to a province, autonomous region or municipality directly under the Central Government, the same below) for employment, the relevant social security agency at the domicile shall handle the transfer and connection procedures in time.

(two) if the insured fails to return to the place where the household registration is located for employment and insurance, the social security institution shall handle the transfer formalities for him in a timely manner in the newly insured place. However, for men over 50 years of age and women over 40 years of age, the basic old-age insurance relationship should be maintained in the original insured place, and a temporary basic old-age insurance payment account should be established in the new insured place to record all the contributions of units and individuals. Thirdly, when the insured person is employed across provinces or reaches the conditions for receiving benefits in the newly insured place, all the payment principal and interest in the temporary basic old-age insurance payment account will be transferred to the original insured place or the place for receiving benefits.

(III) If the insured is transferred with the approval of the Organization Department of the Party Committee at or above the county level and the administrative department of human resources and social security, and establishes labor relations with the transferred unit and pays the basic old-age insurance premium, it is not subject to the above age limit, and the basic old-age insurance relationship transfer and connection procedures shall be handled in time at the transferred place.

Article 6 When the insured persons with inter-provincial floating employment meet the conditions for receiving benefits, the place for receiving benefits shall be determined in accordance with the following provisions:

(a) the basic old-age insurance relationship in the domicile, the domicile is responsible for receiving treatment procedures, enjoy the basic old-age insurance benefits.

(2) If the basic old-age insurance relationship is not located in the domicile, but the accumulated payment period in the domicile of the basic old-age insurance relationship has reached 10 years, the local treatment collection procedures shall be handled and the local basic old-age insurance benefits shall be enjoyed.

(3) If the basic old-age insurance relationship is not located at the domicile, and the cumulative payment period in the locality where the basic old-age insurance relationship is located is less than 10 year, the basic old-age insurance relationship will be transferred back to the original insured place, and the payment period will be 10 year, thus enjoying the basic old-age insurance benefits.

(4) If the basic old-age insurance relationship is not located at the domicile, and the accumulated payment period in each insured place is less than 10 year, the basic old-age insurance relationship and corresponding funds shall be collected at the domicile, and the domicile shall go through the formalities for receiving the benefits according to regulations and enjoy the basic old-age insurance benefits.

Article 7 If the insured person meets the conditions for receiving benefits after the transfer of the basic old-age insurance relationship, the basic old-age pension shall be calculated according to the provisions of the State Council's Decision on Improving the Basic Old-age Insurance System for Enterprise Employees (Guo Fa [2005] No.38) and the average salary of employees in each year corresponding to the salary paid in the previous year, the payment period and the place where the benefits are received.

Article 8 If the insured person is employed in inter-provincial flow, the basic old-age insurance relationship shall be transferred in accordance with the following procedures:

(a) the insured in the new employment in accordance with the provisions of the establishment of the basic old-age insurance relationship and payment, by the employer or the insured to the new insured social security agencies put forward a written application for the transfer of the basic old-age insurance relationship.

(2) The social security agency of the newly insured place shall, within 15 working days, review the application for transfer and continuation, send an acceptance letter to the social security agency where the insured person's original basic old-age insurance relationship is located, and provide relevant information; Do not meet the transfer conditions, make a written explanation to the applicant or the insured.

(3) The social security agency where the original basic old-age insurance relationship is located shall handle all the transfer and connection procedures within 15 working days after receiving the acceptance letter.

(4) After receiving the basic old-age insurance relationship and funds transferred by the social security agency where the insured person's original basic old-age insurance relationship is located, the social security agency in the newly insured place shall complete the relevant procedures within 15 working days, and notify the employer or the insured person of the confirmation in time.

Article 9 If migrant workers interrupt their employment or return home without continuing to pay fees, the social security agency of the original insured place shall keep their basic old-age insurance relationship, keep all their insurance payment records and personal accounts, and the amount stored in personal accounts shall continue to bear interest according to regulations. Migrant workers who return to urban employment and continue to pay insurance premiums, whether they return to the original insured place for employment or go to other cities and towns for employment, should calculate their payment period according to the above provisions and calculate the amount of their personal accounts together. Those who meet the conditions for receiving benefits shall enjoy the same basic old-age insurance benefits as urban workers; If migrant workers no longer return to urban employment, their insurance payment records and personal accounts in cities and towns are all valid, and they can enjoy the basic old-age insurance benefits for urban workers according to the actual situation of migrant workers, or they can be transferred to the new rural social old-age insurance when they meet the prescribed conditions.

The convergence policy of migrant workers' participation in the basic old-age insurance for urban enterprise employees and the new rural social old-age insurance in rural areas will be studied and formulated separately.

Tenth national social security institutions at or above the county level shall establish a contact information database and publish it to the public, so as to facilitate the insured to inquire about the insurance payment and handle the transfer procedures of the basic old-age insurance relationship. Accelerate the establishment of a unified national basic old-age insurance information inquiry service system, issue a national social security card, and provide convenient and effective technical services for insured persons to inquire about insurance payment information.

Article 11 Where the policies on inter-provincial transfer and continuation of basic old-age insurance relations formulated by various localities are inconsistent with the provisions of these Measures, the provisions of these Measures shall prevail. Measures for the transfer and continuation of the basic old-age insurance relationship across provinces, autonomous regions and municipalities directly under the Central Government shall be formulated by the provincial people's government with reference to these measures and reported to Ministry of Human Resources and Social Security for the record.

Twelfth the term "payment period" as mentioned in these Measures, unless otherwise stipulated, includes the deemed payment period.

Article 13 These Measures shall come into force as of 2065438+65438 in 00+65438 in 0+0.

Annex 2

Opinions on some issues concerning the transfer and continuation of the basic old-age insurance relationship for employees in urban enterprises

In order to implement the notice of the General Office of the State Council forwarding the Interim Measures for the Transfer and Continuation of the Basic Old-age Insurance for Urban Enterprise Employees by the Ministry of Human Resources and Social Security Department of Finance (hereinafter referred to as the Interim Measures), according to the situation reflected in various places, we hereby put forward the following opinions on the relevant issues in the specific implementation:

I. On unifying and standardizing the allocation of funds

In order to better standardize the standard of fund transfer, the transfer base is 1998 65438+ 10/month 1 year. When the amount of personal account is transferred, before 1998 1, the accumulated principal and interest will be transferred according to the individual payment; 1 998 65438+1October1to 65438+February 3 1 2005, based on the individual contribution salary 1 1%, according to the total storage amount (including principal and interest, After June 65438+1 October1in 2006, the transfer will be made according to 8% of the salary base of individual contributions and the total storage amount recorded in individual accounts.

Second, about the determination of wage index.

According to the "Interim Measures" provisions of the inter-provincial transfer and continuation of the basic old-age insurance relationship of the insured, after reaching the conditions for receiving benefits, the basic old-age insurance benefits are approved, and the payment wage index is determined according to the following methods; Calculate my contribution wage index according to the average salary of employees in each year corresponding to the salary of each insured place, and calculate my indexed average contribution wage and basic pension accordingly.

Three, on the handling of multiple pension insurance relationship

The insured mobile employment, there are two or more places at the same time, the basic old-age insurance relationship, when handling the transfer of the basic old-age insurance relationship, the social insurance agency and I negotiate to keep one of the basic old-age insurance relationship and personal account. During the same period, other relationships have been cleared up, and the amount of personal account storage will be returned to me, and the corresponding individual payment period will not be calculated again.

Before the implementation of the "Interim Measures", the insured who has repeatedly received the basic pension, after consultation with the social insurance agency and myself, decided to keep one of the basic old-age insurance relationships and continue to receive treatment, and the other old-age insurance relationships were cleaned up, and the remaining part of the personal account was returned to me in one lump sum, and the basic pension that had been received was no longer repaid.

Four, about the insured arrears.

If the insured fails to pay the basic old-age insurance premium before transferring and continuing the basic old-age insurance relationship, he shall go through the formalities for transferring and continuing the basic old-age insurance relationship after paying the personal arrears to the original basic old-age insurance relationship, and the social insurance agency of the original insured place shall be responsible for transferring out the unit payment part including the original unpaid period of the insured person; If I don't pay my personal arrears, social insurance agencies should also handle the basic old-age insurance relationship and fund transfer procedures in time, and no longer calculate the payment period when I owe the basic old-age insurance premium, and no longer transfer the fund when I owe the personal arrears, and no longer pay my personal arrears in the future.

Five, about the personal account repaying processing.

Insured persons who settle abroad or in Hongkong, Macao and Taiwan Province Province shall go through the formalities of terminating the basic old-age insurance relationship in accordance with the relevant provisions of the state, and the amount stored in their personal accounts shall be fully refunded. Among them: if you go abroad to settle down or go to Hongkong, Macau or Taiwan Province Province during the period of establishing the temporary basic old-age insurance payment account, the social insurance agency that originally retained the basic old-age insurance relationship shall be responsible for handling the formalities of terminating the old-age insurance relationship and returning the amount stored in the personal account in full; The social insurance agency where the temporary basic old-age insurance payment account is located is responsible for repaying the personal account storage amount of the temporary payment account. During the period, the unit payment will not be transferred back to the original reserve of the basic old-age insurance relationship, and the insured who died during the establishment of the temporary basic old-age insurance payment account will also be treated as the personal account storage amount according to the above provisions.