China social insurance law

This Law is formulated in accordance with the Constitution in order to standardize social insurance relations, safeguard citizens' legitimate rights and interests in participating in social insurance and enjoying social insurance benefits, enable citizens to enjoy the fruits of development and promote social harmony and stability.

The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance, maternity insurance, etc., to protect citizens' right to get material help from the state and society in case of old age, illness and industrial injury.

Adhere to the broad coverage, basic security, multi-level and sustainable social insurance system, and the level of social insurance should adapt to the level of economic and social development.

Employers and individuals who pay social insurance premiums according to law in People's Republic of China (PRC) have the right to inquire about the recorded payment records and personal rights and interests, and social insurance agencies provide social insurance consulting services.

Units and individuals that have the right to supervise their payment of insurance premiums shall enjoy social insurance benefits in accordance with relevant laws and regulations.

The social insurance undertakings of the people's governments at or above the county level shall be incorporated into the national economic and social development plan.

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

The state supports social insurance through preferential tax policies.

Strictly supervise the social insurance fund.

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.

Or the 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 the State Council is responsible for the national social insurance management, and other relevant departments of the State Council are responsible for the 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 management of social insurance within its administrative area, or shall be responsible for the work within its scope of duties in conjunction with other relevant departments.

Article 8 Social insurance agencies provide social insurance services and are responsible for the payment of personal rights and interests and social insurance benefits recorded in social insurance registration.

Trade unions safeguard the legitimate rights and interests of employees, and have the right to participate in the research on important issues of social insurance, participate in the social insurance supervision and management committee, and supervise the social insurance rights and interests of employees.

Chapter II Basic Endowment Insurance

Article 2 Employees shall participate in the basic old-age insurance, and the insurance premium of the basic old-age insurance shall be paid jointly by the employer and the employees.

Individual industrial and commercial households with employees, employees of employers and other flexible employees participate in the basic old-age insurance, and the basic old-age insurance premium should be paid by individuals.

Civil servants and pension insurance managed according to the Civil Service Law shall be managed by the State Council staff.

Article 11 Basic old-age insurance? Social pooling is combined with individual accounts.

The basic old-age insurance fund is paid by employers and individuals and subsidized by the government.

Article 12 The employing unit shall deduct the total wages of employees from the basic old-age insurance fund according to the proportion stipulated by the state.

In accordance with the relevant provisions of the state, the trade union shall pay the basic old-age insurance premium in proportion to the salary and record it in the personal account.

Employees who participate in the basic old-age insurance, rather than individual industrial and commercial households and other flexible employees of the employer, shall pay the basic old-age insurance premium, which is manifested as the basic old-age insurance pooling and individual accounts in accordance with state regulations.

Thirteenth employees of state-owned enterprises and institutions who participate in the basic old-age insurance and the basic old-age insurance premium shall be regarded as the annual payment, which shall be borne by the government.

Government subsidies are paid by the basic old-age insurance fund.

14 personal account can not be recovered, and its bookkeeping interest rate is not lower than the bank deposit interest rate, and it is exempt from interest tax. If an individual dies, the balance of the individual account can be inherited.

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

The basic pension is based on individual cumulative payment years, payment wages, average salary of local employees, personal account amount and average life expectancy of urban population.

Sixteenth individuals who participate in the basic old-age insurance will pay a total of 15 years when they reach the statutory retirement age, and receive the basic pension on a monthly basis.

Individuals who participate in the basic old-age insurance can pay at least the basic old-age pension 15 years if they reach the statutory retirement age and pay less than 15 years; Can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, and enjoy retirement benefits according to the provisions of the State Council.

Seventeenth individuals participating in the basic old-age insurance, family members who died due to illness or non-work can receive funeral subsidies and pensions; Under the statutory retirement age, if you are disabled due to illness or non-work-related disability, you will receive disability allowance. The required funds come from the basic old-age insurance fund.

Article 18 The State shall establish a basic pension adjustment mechanism. According to the average wage increase and price increase, the level of basic old-age insurance benefits will be raised in a timely manner.

Nineteenth cross-regional employment, the basic old-age insurance relationship transfer, I pay the cumulative number of years. When an individual reaches the statutory retirement age, the basic pension will be uniformly distributed. Specific measures shall be formulated by the State Council.

Article 20 The state establishes and improves a new rural social endowment insurance system.

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.

All provinces, autonomous regions and municipalities directly under the Central Government shall, according to the actual situation, merge the social endowment insurance for urban residents with the new rural social endowment insurance.

basic medical insurance

Article 23 Employees shall participate in the basic medical insurance, and the premiums paid by the basic medical insurance shall be paid by the employing units and employees in accordance with the provisions of Chapter III of the State.

Individual industrial and commercial households with employees cannot participate in the basic medical insurance for employers, employees and other flexible employees, and individuals shall pay the basic medical insurance premium in accordance with relevant state regulations.

Article 24 The state establishes and improves the new rural cooperative medical system.

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

Article 25 The state establishes and improves the basic medical insurance system for urban residents.

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

Those who enjoy the minimum living guarantee, those who have the ability, the disabled, the elderly over 60 from low-income families and minors are partially subsidized by the government.

The basic medical insurance for urban workers, the new rural cooperative medical system and the basic medical insurance for urban residents shall be handled in accordance with the provisions of article 26 of the state.

Twenty-seventh individuals to participate in the basic medical insurance, up to? When the legal retirement age reaches the cumulative number of years stipulated by the state, the basic medical insurance premium will no longer be paid, and the basic medical insurance benefits will be paid after retirement; If the time limit does not meet the state regulations, the fee can be paid to the time limit stipulated by the state.

The drug list, medical consultation and standards of basic medical insurance as stipulated in Article 28, as well as the medical expenses for 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 directly to the balance sheet by the basic medical insurance fund, social insurance agencies, medical institutions and pharmaceutical business units.

The administrative department of social insurance and the administrative department of health shall establish a system of telemedicine and medical expenses settlement, so as 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:

(a) industrial injury insurance fund payment;

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

(three) shall be borne by public health;

Seek treatment abroad.

The medical expenses that should be borne by the third party, the first case that the third party has not paid or cannot be determined, and the third party paid by the basic medical insurance fund. If the basic medical insurance fund pays in advance, it has the right to recover from the third party.

3 1 social insurance agencies shall sign service agreements with medical institutions and pharmaceutical business units according to the needs of management services 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 related transfer payment period cumulative calculation.

Zhang industrial injury insurance

Thirty-third employees to participate in work-related work-related injury insurance, work-related injury insurance premiums paid by the employer, workers do not pay work-related injury insurance premiums.

On the basis of Article 34, the differential rates of different industries are determined by the degree of industrial injury risk of different departments, and the insurance rates of various industries are determined by industrial injury insurance funds. The differential rates and insurance rates shall be formulated by the administrative department of social insurance of the State Council and reported to the State Council for approval and promulgation. Social insurance institutions

The work-related injury insurance fund determines the employer's contribution rate according to the incidence of work-related injuries and the employer's work-related injury insurance rate.

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

Thirty-sixth workers who suffer from work-related injuries or occupational diseases are entitled to work-related injury insurance benefits. Admit ability, lose working ability and enjoy disability treatment.

The assessment of industrial injury and labor ability should be simple and easy.

Thirty-seventh workers injured at work, one of the following circumstances, not as a work-related injury:

(a) Intentional crime;

Get drunk or take drugs.

(b) and:

(3) self-injury 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:

(1) Medical expenses, rehabilitation expenses and work-related injury treatment expenses;

(2) Hospitalization food subsidies;

(3) Coordinating medical transportation and accommodation expenses;

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Installation of assistive devices for the disabled;

(five) life can not take care of themselves, confirmed by the nursing, living and working ability appraisal committee;

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(six) a one-time disability allowance, one to four injured workers receive a monthly disability allowance;

(seven) the termination or rescission of the labor contract, should enjoy a one-time medical device subsidies;

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(9) Labor ability appraisal fee.

Thirty-ninth work-related injuries, the following expenses paid by the employer in accordance with state regulations:

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

(2) The monthly disability allowance for disabled employees of Grade V and VI;

(c) If the labor contract is terminated or dissolved, the employee has the right to receive temporary disability employment allowance.

Fortieth employees who suffer from work-related injuries shall stop paying basic pensions and enjoy the following benefits? Basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, the difference will be made up from the industrial injury insurance fund.

The employer stipulated in Article 4 1 is an illegal worker with work-related injury insurance, and the employer shall pay the benefits of work-related injury insurance. If the employer does not pay, it shall first pay from the industrial injury insurance fund.

Industrial injury insurance benefits, paid by the industrial injury insurance fund in advance, 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. If the industrial injury insurance fund pays 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;

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Refusing to accept the appraisal of labor ability;

(3) refusing treatment.