chapter I general provisions article 1 these regulations are formulated in accordance with the relevant laws and regulations of the state for the purpose of establishing and improving the social insurance system for employees in this municipality, guaranteeing the basic livelihood and basic rights and interests of retired, unemployed, work-related injuries and sick employees, promoting economic development and maintaining social stability. Article 2 The social insurance for employees shall be based on the principle that the state, units and individuals shall bear the responsibility, and social insurance shall be compatible with economic development. Article 3 The social insurance for employees mentioned in these Regulations refers to pension, unemployment, work injury and medical insurance for employees. Article 4 These Regulations shall apply to the following employees (including regular employees, employees with labor contracts and temporary workers) and their employing units in cities and towns within the administrative area of this Municipality:
(1) employees and their employing units of enterprises affiliated to the central government, provinces, cities and counties (districts);
(2) employees of joint-stock enterprises and private enterprises and their employing units;
(3) Chinese employees of foreign-invested enterprises and their employers;
(4) employees of non-financial institutions and their employing units;
(5) Personnel exporting labor services and their organizational units;
unless otherwise stipulated by laws and regulations. Article 5 All employees and their employers who meet the scope stipulated in these Regulations must participate in social insurance according to law and fulfill their obligations of paying social insurance benefits, and employees have the right to enjoy social insurance benefits. Article 6 The labor administrative departments of the people's governments of cities and counties (districts) shall be in charge of the social insurance work for employees in their respective administrative areas according to their responsibilities, and their subordinate social insurance management institutions shall be responsible for the specific work.
The main responsibilities of social insurance management institutions are:
(1) To implement the laws and regulations of the state and provincial and municipal people's governments on social insurance;
(2) To be responsible for the collection, management, disbursement and other business work of social insurance funds;
(3) to handle other matters entrusted by the people's government at the same level and its labor administrative department. Article 7 Departments of finance, taxation, auditing, industry and commerce administration, banks and trade unions shall assist in the implementation of these Regulations according to their respective functions and duties. Chapter II Raising of Social Insurance Funds Article 8 Social insurance funds shall be raised according to the principle of fixed income by expenditure, slight surplus and partial accumulation.
workers' basic old-age insurance and medical insurance are shared by both units and individuals, and social pooling and individual accounts are combined.
when the unemployment, work injury and medical insurance funds are insufficient, they will be subsidized by the finance at the same level; When the basic old-age insurance fund is insufficient, first apply to the provincial social insurance management institution for allocation of adjustment funds; When it is still insufficient, it will be subsidized by the finance at the same level. Article 9 Composition of social insurance fund:
(1) Endowment insurance fund, including basic endowment insurance, enterprise supplementary endowment insurance and personal savings endowment insurance;
(2) unemployment insurance fund;
(3) industrial injury insurance fund;
(4) medical insurance fund. Tenth employers and individual employees pay social insurance premiums according to the following standards;
(1) The basic old-age insurance premium is paid by the employer according to 23% of the paid wages (or the sum of the total wages and the total retirement fees), and the employees pay according to 3% of their paid wages;
(2) unemployment insurance, the employer shall pay 1% of the paid wages, and the individual employees shall pay in 1 yuan every month;
(3) Work-related injury insurance premiums shall be paid by the employing units according to the degree of danger of different industries and the frequency of work-related accidents, respectively, at a rate of .4%, 1.55% and 2.4% of the paid wages, and the rates shall be floated according to the safe production conditions of enterprises.
(4) medical insurance premium, the employer shall pay 1% of the paid wages, and the employees shall pay 1% of their paid wages, and retired personnel and disabled revolutionary soldiers above Grade II and Grade B shall not pay.
the payment standard of social insurance fund shall be adjusted by the municipal people's government according to the economic development of this municipality and the growth of the average social wage. Article 11 The social insurance premium paid by the employing unit according to the provisions of Article 1 of these regulations shall be extracted by the enterprise unit before tax and charged in the management fee. Non-financial institutions, pre-tax extraction, charged to its own funds.
the supplementary pension insurance paid by the employer shall be paid from the public welfare fund.
the social insurance premium paid by individual employees shall be withheld by the employing unit at the time of paying wages. Article 12 The social insurance premiums paid by the employing units and individual employees according to the provisions of Article 1 of these regulations shall be collected from the employing units by the social insurance management institutions on a monthly basis in the same order as the wages allocated, and the employing units shall not refuse to pay. Thirteenth employers can establish enterprise supplementary pension insurance for their employees, and the enterprise supplementary pension insurance shall be paid by the employer to the social insurance management institution. Individual workers can voluntarily participate in personal savings endowment insurance. Article 14 When an employing unit is leased, contracted or merged, the lessee, contractor and merged party must pay the social insurance premium for the employees of the unit. Article 15 When an employing unit is unable to continue to perform its obligations of paying social insurance premiums for employees due to bankruptcy, cancellation or dissolution, it shall first pay off the outstanding social insurance premiums to the social insurance management institution in all its properties in accordance with national laws, regulations and relevant regulations, and allocate the retirement expenses for retirees of the employing unit for 1 years at a time. Chapter iii social insurance benefits article 16 employees who participate in old-age insurance enjoy the following benefits:
(1) those who meet the retirement conditions stipulated by the state shall receive the basic pension from the social insurance management institution according to the relevant standards stipulated by the state or the provincial or municipal people's governments from the month following the retirement formalities until the month of death.
(2) The basic old-age pension paid for more than 1 years (above inclusive, below exclusive, the same below) shall not be lower than the minimum standard stipulated by the state.
(3) if the basic old-age pension is paid according to items (1) and (2) of this article, it will be increased according to 6% of the average monthly wage growth rate of this municipality in the previous year, and it will be adjusted once a year. No adjustment will be made when the average monthly salary of the society in this Municipality last year does not increase or negative growth.
(4) Supplementary old-age insurance premiums and personal savings old-age insurance premiums paid by employers and employees. After going through retirement procedures, employees can receive the paid amount and interest from social insurance management institutions once or monthly; After the death of an employee, his insurance money and interest can be inherited according to law.
(5) After the death of retired workers, their relatives can receive funeral subsidies and one-time pension fees from social insurance management institutions according to regulations.
(6) if the retired workers move to other places, the basic old-age insurance benefits stipulated in these regulations will remain unchanged.