Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance

Author: COBBS
Published on: 2022-12-16 15:26

Article 1 These Regulations are formulated in accordance with the Social Insurance Law of the People's Republic of China and the basic principles of relevant laws and administrative regulations, and in the light of the actual conditions of the Special Zone, with a view to improving the social endowment insurance system of the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone) and protecting the legitimate rights and interests of employees and residents to participate in social endowment insurance and enjoy social endowment insurance benefits.


Article 2 The social endowment insurance referred to in these Regulations includes the social endowment insurance for employees and the endowment insurance for residents. The social endowment insurance for employees includes basic endowment insurance, local supplementary endowment insurance, enterprise annuity and other multi-level endowment insurance.


The measures for old-age insurance for residents shall be separately formulated by the Municipal People's Government (hereinafter referred to as the Municipal Government).


The measures for civil servants, staff members managed by reference to the Civil Servant Law and staff members of public institutions to participate in basic endowment insurance shall be implemented in accordance with the relevant provisions of the State and this Municipality.


The enterprise annuity shall be implemented in accordance with the relevant provisions of the State.


Article 3 The social endowment insurance shall adhere to the principles of wide coverage, basic coverage, multi-level and sustainability, and follow the principles of combining fairness with efficiency, matching rights with obligations, and matching the level of security with the level of economic and social development.


Article 4 The staff and workers shall participate in the basic endowment insurance, and the basic endowment insurance premiums shall be jointly paid by the staff and workers and the enterprises in the special zones, state organs, institutions, social organizations, private non enterprise units, individual economic organizations and other social organizations (hereinafter referred to as "employing units") with which they form labor relations.


Individual industrial and commercial households without employees, part-time employees who have not participated in the basic endowment insurance in the employing unit, and other flexible employees who have registered residence in this city (hereinafter referred to as individual payer) may participate in the basic endowment insurance in accordance with the provisions of these Regulations, and the basic endowment insurance premiums shall be paid by individuals.


Those who participate in the basic endowment insurance (hereinafter referred to as the insured), who have registered residence in this city, also participate in the local supplementary endowment insurance.


Those who have reached the statutory retirement age will not pay pension insurance premiums. Except as otherwise provided in these Regulations, laws and administrative regulations.


Article 5 The basic old-age insurance shall combine social pooling with individual accounts.


Article 6 The Municipal Human Resources and Social Security Administrative Department (hereinafter referred to as the Municipal Human Resources Security Department) shall be responsible for the administration of social endowment insurance in the Special Zone.  
The relevant departments of the municipal government shall be responsible for the relevant social endowment insurance within their respective responsibilities.  


The municipal social insurance agency (hereinafter referred to as the municipal social insurance agency) specifically undertakes basic endowment insurance, local supplementary endowment insurance and other social insurance affairs.  


The sub district office undertakes the socialized management and service of retirees within its jurisdiction.


Article 7 The transfer and continuation of the basic endowment insurance relationship of the insured who is employed in trans provincial, autonomous region or municipality directly under the Central Government shall be implemented in accordance with the relevant provisions of the State.
The transfer and continuation of the basic endowment insurance relationship of the insured with floating employment in Guangdong Province shall be implemented in accordance with the relevant provisions of Guangdong Province.
Chapter II Collection of Endowment Insurance Premiums


Article 8 The sources of basic endowment insurance funds are:
(1) Basic endowment insurance premium and its interest;
(2) Late fees for basic endowment insurance premiums;
(3) Legal operation income of basic endowment insurance fund;
(4) Other income.


Article 9 The sources of local supplementary endowment insurance funds are:
(1) Local supplementary endowment insurance premium and its interest;
(2) Late fees for local supplementary endowment insurance premiums;
(3) Legal operation income of local supplementary endowment insurance fund;
(4) Other income.


Article 10 The payment base of basic endowment insurance premiums paid by employees every month shall be their total wages of the previous month; The payment base of the first month of the employees who are newly employed, re employed or newly established employers is their total wages in the first month. If the total wages exceed 300 percent of the average monthly wages of the on-the-job employees of this Municipality in the previous year, the excess shall not be included in the payment base; The payment base shall not be lower than the minimum wage standard published by the municipal government.


The payment base of the monthly basic endowment insurance premiums paid by the employer is the sum of the payment bases of the employees of the employer.
The individual payer shall determine the payment base by himself/herself within the range from the minimum wage standard published by the municipal government to 300% of the average monthly wage of the on-the-job employees of the city in the previous year.
Article 11 The employees shall pay the basic endowment insurance premiums at the rate of 8% of their payment base every month, which shall be recorded into their personal accounts; The employer shall pay the basic endowment insurance premium at the rate of 13% of the unit contribution base every month, which shall be recorded into the basic endowment insurance pooling fund.


The employer shall pay the local supplementary endowment insurance premium at 1% of the employee's payment base every month, which shall be recorded in the local supplementary endowment insurance fund.


The individual payer shall pay the basic endowment insurance premium according to 21% of the self determined payment base, of which 8% shall be credited to the individual account and 13% shall be credited to the basic endowment insurance pooling fund; The local supplementary endowment insurance premium shall be paid at 1% of the payment base and recorded into the local supplementary endowment insurance fund.
Article 12 The employing unit shall pay the endowment insurance premiums on time and in full. The basic endowment insurance premiums payable by employees shall be withheld and paid by the employing unit.


Individual payers directly pay basic endowment insurance premiums and local supplementary endowment insurance premiums to municipal social security institutions.


The payment of endowment insurance premiums shall be collected by the bank entrusted by the employer and individual payer.


Article 13 The employing unit shall truthfully report to the municipal social security institution every month the total wages of each employee in the previous month, and report the details of pension insurance premiums paid to the employees every month.


The individual payer shall declare the individual payment base to the municipal social security institution when participating in the insurance for the first time; If changes are needed, they shall be reported to the municipal social security institution in a timely manner. If the payment base is the minimum wage standard, it will automatically change with the adjustment of the minimum wage standard.


Article 14 The employing unit and individual payer shall go through the formalities of registration, annual examination, change, cancellation, etc. in accordance with the relevant provisions of social insurance registration.


The municipal market supervision and administration department, the civil affairs department and the municipal organization establishment and administration organ shall timely notify the municipal social security institution of the establishment, change and termination of the employing unit; The municipal public security department shall promptly notify the municipal social security institution of the registered permanent residence, relocation, cancellation, etc. of the insured.


Article 15 The endowment insurance premiums paid by the employing unit shall be disbursed from the cost according to law. The endowment insurance premiums paid by individuals shall be withdrawn before tax according to law.


Article 16 The accumulated amount of the individual account of the insured shall be credited to the individual account with interest calculated in accordance with the relevant provisions of the State and Guangdong Province.


Article 17 When the municipal social security institution checks the employer's payment of endowment insurance premiums, the employer shall truthfully provide the employee register, payroll, labor contract, tax registration form of enterprise income tax and individual income tax and other relevant materials.


Chapter III Endowment Insurance Benefits


Article 18 The basic old-age insurance benefits include basic pensions, sickness and disability allowances, funeral subsidies and pensions.


The basic endowment insurance benefits shall be paid by the basic endowment insurance fund and shall not be enjoyed repeatedly.


Article 19 Persons who meet the following conditions at the same time may apply for receiving basic pensions on a monthly basis in this Municipality:
(1) According to the relevant provisions of the state and Guangdong Province, the city is determined as the place to receive pension insurance benefits;
(2) Reaching the statutory retirement age;
(3) The accumulative payment of basic endowment insurance premiums has reached 15 years.


Article 20 When an insured person who worked before July 31, 1992 retires according to regulations, the composition of his monthly basic pension is as follows:
(1) Pooling pensions;
(2) Personal account pension;
(3) Transitional pension.


If the person mentioned in the preceding paragraph has obtained the registered residence of this city before reaching the statutory retirement age, and has actually paid contributions in this city for 10 years or more, when he retires according to the regulations, his monthly basic pension composition is as follows:
(1) Pooling pensions;
(2) Personal account pension;
(3) Transitional pension;
(4) Adjustment fund.


Article 21 The composition of the monthly basic pension of the insured who took part in work after August 1, 1992, when retiring according to regulations, is as follows:
(1) Pooling pensions;
(2) Personal account pension.


Article 22 The specific methods for calculating and distributing the overall pension, individual account pension, transitional pension and adjustment fund are as follows:


(1) Overall pension: based on the average of the monthly average salary of the city's on-the-job employees in the previous year and the index monthly average contribution salary of the city's employees at the time of retirement, 1% of the contribution will be paid every full year;  

(2) Personal account pension: calculated by dividing the accumulated amount of personal account at retirement by the number of months of payment as stipulated by the state;  

(3) Transitional pension: my indexed monthly average contribution salary multiplied by the enjoyment ratio. If the payment period before July 31, 1992 does not exceed 25 years, the enjoyment ratio is: the payment period before July 31, 1992 multiplied by 1.2%; If the payment period before July 31, 1992 is more than 25 years, the enjoyment ratio is: the payment period before July 31, 1992 minus 25 times 1%, plus 30%.

(4) Adjustment fee: 300 yuan per month;
My indexed monthly average contribution salary refers to the sum of the monthly contribution indexes of the contribution years from the time when the employee starts work to retirement, divided by the number of months of the contribution years, multiplied by the average monthly salary of the on-the-job employees in the city in the previous year when the employee retired. The calculation method of monthly payment index shall be separately stipulated by the municipal government.

Article 23 The overall pension, transitional pension and adjustment fund shall be paid from the basic endowment insurance overall fund.
Individual account pension is paid from individual account; After the withdrawal of individual account is completed, it shall be paid by the basic endowment insurance pooling fund.

Article 24 The insured who participates in the local supplementary endowment insurance of this Municipality and meets the conditions for receiving the basic pension on a monthly basis shall enjoy the benefits of the local supplementary endowment insurance according to the payment period of the local supplementary endowment insurance of this Municipality.

Article 25 If the sum of the monthly basic pension and local supplementary pension benefits of an insured person who obtained registered residence in this city before reaching the statutory retirement age and has the status of returning overseas Chinese is lower than the average monthly salary of the on-the-job employees in this city in the previous year, a subsidy of 5% of the average monthly salary of the on-the-job employees in this city in the previous year at the time of retirement shall be paid every month. The additional subsidy shall be paid by the basic endowment insurance fund.
Article 26 The pension benefits of the insured who participated in revolutionary work before September 30, 1949 shall be implemented with reference to the pension benefits of similar personnel in the municipal authorities.

Article 27 The pension insurance benefits shall be calculated and paid according to the provisions of these Regulations for the non local registered residence insurance participants who have transferred their pension insurance relationship to this city in accordance with the relevant provisions of the state and Guangdong Province, when they reach the statutory retirement age, and the actual payment period in this city has reached 10 years in total, and the cumulative payment period has reached 15 years; Those who have actually paid in this city for less than 10 years, but are eligible to receive basic pension in this city on a monthly basis in accordance with the relevant provisions of Guangdong Province, will be paid basic pension insurance benefits in accordance with the relevant provisions of Guangdong Province.

Article 28 If an insured person who meets the conditions for receiving the basic pension on a monthly basis has not applied for receiving and continues to pay the endowment insurance premiums, the number of years for continuing to pay the endowment insurance premiums shall be calculated as the number of years for payment, and shall be included in the calculation of the payment index.


Article 29 The municipal human resources security department can adjust the basic pension level of retirees appropriately according to relevant national policies, in combination with the economic and social development of the city and the average monthly wage growth of the city's on-the-job employees in the previous year, and report to the municipal government for approval before implementation.


Article 30 When reaching the statutory retirement age, an insured person with registered residence in this city or a non registered residence insured person who has determined this city as the place to receive pension insurance benefits in accordance with the relevant provisions of the state and Guangdong Province may continue to pay pension insurance premiums in accordance with the relevant provisions until the cumulative payment period has reached 15 years, and then apply to receive the basic pension on a monthly basis.


Article 31 After participating in the endowment insurance in this Municipality, the insured who has completely lost the ability to work due to illness or non work related disability and has not reached the statutory retirement age may receive sickness and disability allowance in accordance with the relevant provisions of the State and Guangdong Province. The sickness and disability allowance shall be paid from the basic endowment insurance pooling fund.
If the insured who receives the sickness and disability allowance meets the conditions for receiving the basic pension, the sickness and disability allowance will stop from receiving the basic pension every month.


Article 32 If an insured person or a retiree who has participated in the basic old-age insurance of this Municipality for a total of six months has died of illness or non work related death, his or her family members may receive funeral subsidies and pensions according to regulations. Funeral subsidies and pensions shall be paid from the basic old-age insurance pooling fund.


Article 33 If an insured person or a retiree dies, his/her surviving relatives shall, within 60 days after his/her death, report to the municipal social security institution to go through the formalities for the termination of the endowment insurance relationship.
Chapter IV Administration and Supervision of Endowment Insurance Fund


Article 34 The basic endowment insurance funds, local supplementary endowment insurance funds, and residents' endowment insurance funds (hereinafter referred to as endowment insurance funds) shall be incorporated into the special account of the municipal finance, managed by two lines of revenue and expenditure, and the funds shall be used for their specific purposes only. It is prohibited to misappropriate them, and they shall not be used to balance other government budgets; In case of insufficient payment, the government will give subsidies.


Article 35 The municipal finance department and the municipal human resources security department shall establish the budget and final account system of the endowment insurance fund in accordance with the relevant provisions of the State.  


The municipal financial department shall report to the Standing Committee of the Municipal People's Congress on the implementation of the budget and final accounts of the endowment insurance fund in accordance with regulations.


Article 36 The municipal government shall establish a social insurance supervision committee composed of representatives of the employing unit, the insured, the trade union and experts to master and analyze the income and expenditure, management, investment and operation of the endowment insurance fund, put forward opinions and suggestions on the social insurance work, and implement social supervision. The administrative measures of the Social Insurance Supervision Committee shall be separately formulated by the municipal government.


Article 37 The municipal audit department shall audit and supervise the income and expenditure, management, investment and operation of the endowment insurance fund according to law.


The municipal human resources security department shall establish and improve the supervision and inspection system of pension insurance funds.
The municipal financial department shall establish and improve the financial system of the endowment insurance fund together with the municipal human resources security department.  
The municipal social security institution shall establish a social insurance inquiry system to facilitate the insured and the employer to inquire about their payment.


Article 38 The municipal social security institution shall publicize the raising, payment, balance and utilization of the endowment insurance fund to the public on an annual basis.


Article 39 The municipal social security institution shall regularly send the records of individual rights and interests of social insurance to the insured free of charge.


If the insured agrees with the municipal social security institution to obtain personal rights and interests records by logging in to the social insurance personal service website, fax, e-mail, mobile phone message, etc., the municipal social security institution will not send them separately.
Article 40 If an employee believes that the employer has failed to pay the endowment insurance premiums for him/her according to the regulations, he/she shall file a complaint or report to the municipal social security institution within two years from the date when he/she knows or should have known that his/her rights have been infringed. The municipal social security institution will not accept complaints and reports that exceed two years.
Chapter V Legal Liabilities


Article 41 If the employing unit fails to pay the endowment insurance premiums in full and on time, the municipal social security institution shall order it to pay or make up within a time limit, and shall charge an overdue fine of 5/10000 per day from the date of default; be overdue

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