The Trial Measures for Enterprise Annuities have been adopted at the 7th ministerial meeting of the Ministry of Labor and Social Security on February 30, 2003, and are hereby promulgated and shall come into force as of May 30, 2004.

Article 1 In order to establish a multi-level old-age insurance system, better protect the life of enterprise employees after retirement, and improve the social security system, these Measures are formulated in accordance with the Labor Law and the relevant provisions of the State Council.

Article 2 The term "enterprise annuity" as mentioned in these Measures refers to the supplementary old-age insurance system voluntarily established by enterprises and their employees on the basis of participating in the basic old-age insurance according to law. The establishment of enterprise annuity shall be implemented in accordance with the provisions of these measures.

Article 3 An enterprise that meets the following conditions may establish an enterprise annuity:

(a), according to the law to participate in the basic old-age insurance and fulfill the obligation to pay;

(2) Having a corresponding economic burden;

(3) A collective consultation mechanism has been established.

Article 4 The establishment of an enterprise annuity shall be determined by the enterprise and the trade union or employee representatives through collective consultation, and an enterprise annuity plan shall be formulated. The draft enterprise annuity plan of state-owned and state-holding enterprises shall be submitted to the workers' congress or the workers' congress for discussion and adoption.

Article 5 An enterprise annuity plan shall include the following contents:

(1) scope of participants;

(2) Ways of raising funds;

(3) Measures for the administration of individual accounts of employee enterprise annuities;

(4) the mode of fund management;

(5) Calculation and payment methods;

(6) Conditions for payment of enterprise annuity benefits;

(seven) the way of organization, management and supervision;

(8) Conditions for suspension of payment;

(9) Other matters agreed by both parties.

The enterprise annuity plan is applicable to employees who have completed the probation period.

Article 6 The enterprise annuity plan shall be submitted to the administrative department of labor security of the local people's government at or above the county level. The enterprise annuity plan of large enterprises under the central government shall be submitted to the Ministry of Labor and Social Security. If the administrative department of labor and social security does not raise any objection within 15 days from the date of receiving the text of the enterprise annuity plan, the enterprise annuity plan will take effect.

Article 7 The expenses required for enterprise annuity shall be paid jointly by the enterprise and individual employees. The disbursement channels of enterprise payment shall be implemented according to the relevant provisions of the state; Individual contributions of employees can be withheld from individual wages of employees by enterprises.

Article 8 The payment made by an enterprise shall not exceed one twelfth of the total wages of employees in the previous year. The total contributions of enterprises and employees generally do not exceed one-sixth of the total wages of employees in the previous year.

Article 9 The enterprise annuity fund consists of the following items:

(1) Payment by enterprises;

(2) Individual contributions of employees;

(3) Income from investment and operation of enterprise annuity funds.

Article 10 The enterprise annuity fund shall be fully accumulated and managed by individual accounts.

Enterprise annuity funds can be invested and operated in accordance with state regulations. Income from investment and operation of enterprise annuity fund is merged into enterprise annuity fund.

Eleventh enterprise contributions should be calculated according to the proportion of enterprise annuity plan, and included in the employee enterprise annuity personal account; Individual contributions of employees are included in my personal account of enterprise annuity.

The investment and operation income of enterprise annuity fund is included in the personal account of enterprise annuity according to the net rate of return.

Article 12 When employees reach the retirement age stipulated by the state, they can receive enterprise annuities from their personal accounts at one time or on a regular basis. Employees who have not reached the retirement age stipulated by the state may not withdraw funds from their personal accounts in advance.

The funds in the personal account of enterprise annuity for overseas residents can be paid to me in one lump sum according to my requirements.

Thirteenth employees change their work units, the enterprise annuity personal account funds can be transferred with them. If an employee does not implement the enterprise annuity system during the period of entering a higher school, joining the army or being unemployed, the enterprise annuity personal account can be managed by the original management institution.

Article 14 After the death of an employee or retiree, the balance of his personal account of enterprise annuity shall be collected in one lump sum by his designated beneficiary or legal heir.

Article 15 An enterprise that establishes an enterprise annuity shall designate an enterprise annuity trustee (hereinafter referred to as the trustee) to manage the enterprise annuity. The trustee may be the enterprise annuity Council established by the enterprise, or it may be a legal person trustee in line with the provisions of the state.

Article 16 The enterprise annuity council shall be composed of representatives of enterprises and employees, and professionals other than enterprises may also be invited to participate, with at least one third of the employees' representatives.

Article 17 The enterprise annuity Council shall not engage in other business activities except the management of enterprise annuity affairs.

Article 18 A written contract shall be signed to determine the trustee. One party to the contract is the enterprise, and the other party is the trustee.

Article 19 The trustee may entrust a qualified enterprise annuity account management institution as the account manager to manage the enterprise annuity account; Qualified investment operation institutions can be entrusted as investment managers to be responsible for the investment operation of enterprise annuity funds.

The trustee shall choose qualified commercial banks or professional custodians as custodians to be responsible for the custody of enterprise annuity funds.

The trustee shall sign a written contract with the account manager, investment manager and custodian to determine the entrustment relationship.

Article 20 The enterprise annuity fund must be managed separately from the self-owned assets or other assets of the trustee, account manager, investment manager and custodian, and shall not be used for other purposes.

The management of enterprise annuity funds shall comply with the relevant provisions of the state.

Twenty-first people's governments at or above the county level shall be responsible for the supervision and inspection of the implementation of these measures. In violation of the provisions of these measures, the administrative department of labor security shall give a warning and order it to make corrections.

Article 22 Disputes arising from the performance of the enterprise annuity contract may be submitted to arbitration or litigation according to law; Disputes arising from the conclusion or performance of the enterprise annuity plan shall be handled in accordance with the provisions of the state on collective contract disputes.

Twenty-third other units participating in the social pooling of enterprise basic old-age insurance may refer to the provisions of these measures.

Twenty-fourth the implementation since May 6, 2004. The Notice of the former Ministry of Labor 1995 on Printing and Distributing the Opinions on Establishing the Supplementary Endowment Insurance System for Enterprises shall be abolished at the same time.