Social Security Delayed Retirement Age Ordinance

In the practice of human resource management, we often encounter such a situation. An employee is about to retire, but his basic old-age insurance has not been paid 15 years, and he cannot receive a monthly pension after leaving his job. Therefore, employees find the human resources department and hope that the enterprise can help solve it. Then, in this case, how should enterprise HR guide employees to operate? According to the current effective policy, when employees reach the legal retirement age, there are three ways to solve the problem that the accumulated contribution of basic old-age insurance is less than 15 years. Employees can choose one of them at will according to their actual situation and wishes.

First, continue to pay fees until the end of 15, and receive the basic pension on a monthly basis.

Paragraph 2 of Article 16 of the Social Insurance Law stipulates that individuals who participate in the basic old-age insurance and pay less than 15 years when they reach the statutory retirement age can receive the basic pension on a monthly basis.

Article 2 of Ministry of Human Resources and Social Security 20 1 1 "Implementation of Several Provisions" stipulates that when an individual who participates in the basic old-age insurance for employees reaches the statutory retirement age, the accumulated payment is less than fifteen years, and the payment can be extended to fifteen years. After the implementation of the Social Insurance Law, if the payment is extended for five years but still less than fifteen years, it can be paid in one lump sum for fifteen years.

First of all, the above two laws stipulate that employees who pay less than 15 years when they reach the statutory retirement age can continue to pay until 15 years, and then receive the basic pension on a monthly basis. However, as early as 2005, the State Council's Decision on Improving the Basic Old-age Insurance System for Enterprise Employees (Guo Fa [2005] No.38) stipulated that if this decision reaches retirement age after implementation, but the accumulated payment period is less than 15, the basic pension will not be issued; Personal account storage amount is paid to me in one lump sum, and the basic old-age insurance relationship is terminated. That is to say, before the implementation of the Social Insurance Law, if the employees paid less than 15 years when they reached the statutory retirement age, they could not continue to pay to 15 years and receive the basic pension, and the employees themselves could only receive personal accounts at one time, and the pension insurance relationship was forcibly terminated.

Secondly, it is allowed to continue to pay, is it deferred payment or one-time payment (wholesale payment)? "implementation

According to the interpretation of "Interpretation of Social Insurance Law of People's Republic of China (PRC)" edited by the National People's Congress Standing Committee (NPCSC) Law Commission, the State Council Legislative Affairs Office and Ministry of Human Resources and Social Security, the reason why the national laws and regulations do not stipulate the specific payment method for continuing to pay fees is because "the power has been handed over to local governments because of the great differences among different places".

Two, into the basic old-age insurance for urban and rural residents, enjoy the old-age insurance benefits.

Paragraph 2 of Article 16 of the Social Insurance Law stipulates that individuals who participate in the basic old-age insurance and pay less than fifteen years when they reach the statutory retirement age can also be transferred to the new rural social old-age insurance or urban residents' social old-age insurance and enjoy the corresponding old-age insurance benefits according to the regulations of the State Council.

Similarly, realize

There are two questions to explain here:

1. According to the Opinions of the State Council on Establishing a Unified Basic Old-age Insurance System for Urban and Rural Residents (Guo Fa [20 14] No.8) issued by the State Council in February, 2014, the State Council decided to merge the new rural social old-age insurance with the urban social old-age insurance to establish a unified national basic old-age insurance for urban and rural residents.

2 "enjoy the corresponding pension insurance benefits in accordance with the" Regulations "and" implementation of the State Council.

Three, a one-time withdrawal of personal account storage, termination of the basic old-age insurance for employees.

"implementation

There are two problems in this provision that deserve our attention:

1, an individual may apply in writing to terminate the employee's basic old-age insurance relationship, and the social insurance agency must inform the corresponding consequences in writing. First of all, employees can "apply" instead of applying. Workers can apply for termination or not, that is, choose to continue to pay or transfer to the basic old-age insurance for urban and rural residents. Secondly, if the application is terminated, a written application must be submitted. Thirdly, the social insurance agency must inform the corresponding consequences in writing after receiving the written application from the employees. The employee's basic old-age insurance relationship can only be terminated after the employee's written confirmation, and the personal account storage amount can be paid to the employee in one lump sum.

2, only pay the employee personal account storage amount to the employee himself, not pay the social pooling account storage amount. In other words, the social insurance premium paid by the employer is "co-ordinated" by the state.

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