Legal basis:
Article 14 of the Social Insurance Law of People's Republic of China (PRC): Individual accounts shall not be withdrawn in advance, and the bookkeeping interest rate shall not be lower than the bank time deposit interest rate, and interest tax shall be exempted. If an individual dies, the balance of the individual account can be inherited.
Article 64 of People's Republic of China (PRC) Social Insurance Law: Social insurance funds include basic old-age insurance funds, basic medical insurance funds, industrial injury insurance funds, unemployment insurance funds and maternity insurance funds. In addition to the basic medical insurance fund and maternity insurance fund combined accounting, other social insurance funds are accounted for separately according to social insurance types. Social insurance funds implement a unified accounting system throughout the country. The social insurance fund is earmarked for special purposes, and no organization or individual may occupy or misappropriate it. The basic old-age insurance fund will gradually implement national overall planning, and other social insurance funds will gradually implement provincial overall planning. The specific time and steps shall be stipulated by the State Council.
Article 6 of the Implementation of Several Provisions: Individual accounts of employees' basic old-age insurance shall not be withdrawn in advance. Individuals who leave the country to settle down before reaching the legal conditions for receiving the basic pension shall keep their personal accounts and enjoy the corresponding pension insurance benefits in accordance with state regulations when reaching the legal conditions for receiving the basic pension. Among them, those who lose their nationality in People's Republic of China (PRC) may apply in writing to terminate the basic old-age insurance relationship for employees when leaving the country or after leaving the country. After receiving the application, the social insurance agency shall inform it in writing of its right to keep personal accounts and the consequences of terminating the basic old-age insurance relationship for employees. After my written confirmation, I will terminate the employee's basic old-age insurance relationship and pay me the amount stored in my personal account in one lump sum.
After the death of an individual who participates in the basic old-age insurance for employees, the balance in his personal account can be fully inherited according to law.
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