With the development of China's social economy and the continuous improvement of medical level, people's average life expectancy is also increasing year by year. Provisions on enterprise annuity: Chapter I General Provisions Article 1 In order to establish a multi-level old-age insurance system, promote the development of enterprise annuity, and better guarantee the life of employees after retirement, according to the Labor Law of People's Republic of China (PRC), the Labor Contract Law of People's Republic of China (PRC), the Social Insurance Law of People's Republic of China (PRC), the Trust Law of People's Republic of China (PRC) and the State Council, Article 2 The enterprise annuity mentioned in these Measures refers to the supplementary old-age insurance system independently established by enterprises and their employees on the basis of participating in the basic old-age insurance according to law. The state encourages enterprises to establish enterprise annuities. The establishment of enterprise annuity shall be implemented with reference to these measures. Article 3 The expenses required for enterprise annuity shall be paid jointly by the enterprise and individual employees. The enterprise annuity fund shall be fully accumulated, and a personal account shall be established for each employee who participates in the enterprise annuity, and investment and operation shall be carried out in accordance with relevant state regulations. Income from investment and operation of enterprise annuity fund is merged into enterprise annuity fund. Article 4 The taxation and financial management of enterprise annuities shall be implemented in accordance with the relevant provisions of the state. Article 5 When establishing an enterprise annuity, an enterprise and its employees shall determine the trustee of the enterprise annuity, and the enterprise shall sign an entrustment management contract with the trustee on behalf of the principal. The trustee can be a legal person trustee institution that conforms to the provisions of the state, or an enterprise annuity Council established by the enterprise in accordance with the relevant provisions of the state. Chapter II Establishment, Change and Termination of Enterprise Annuity Scheme Article 6 When establishing enterprise annuities, enterprises and employees shall participate in basic old-age insurance and fulfill their payment obligations according to law, and enterprises have corresponding financial affordability. Article 7 The establishment of an enterprise annuity shall be determined through collective consultation between the enterprise and the employees, and an enterprise annuity plan shall be formulated. The enterprise annuity plan shall be submitted to the workers' congress or all the workers for discussion and adoption. Article 8 An enterprise annuity plan shall include the following contents: (1) Participants; (two) the proportion and mode of fund raising and distribution; (3) account management; (4) Ownership of rights and interests; (5) fund management; (six) payment methods and payment methods; (seven) the change and termination of the plan; (eight) organization, management and supervision methods; (9) Other matters agreed by both parties. The enterprise annuity plan is applicable to employees who have completed the probation period. Article 9 An enterprise shall submit an enterprise annuity plan to the administrative department of human resources and social security of the local people's government at or above the county level. The enterprise annuity plans of enterprises affiliated to the central government shall be submitted to Ministry of Human Resources and Social Security. The enterprise annuity plan of an inter-provincial enterprise shall be submitted to the administrative department of human resources and social security of the provincial people's government where its headquarters is located. The enterprise annuity plan of cross-regional enterprises in the province shall be submitted to the administrative department of human resources and social security of the people's government at or above the municipal level where its headquarters is located. Article 10 If the administrative department of human resources and social security does not raise any objection within 15 days after receiving the text of the enterprise annuity plan, the enterprise annuity plan will take effect. Article 11 An enterprise and its employees may change the enterprise annuity plan through consultation according to the enterprise situation and national policies. The changed enterprise annuity plan shall be discussed and adopted by the workers' congress or all the workers, and submitted to the administrative department of human resources and social security again. Article 12 The enterprise annuity plan shall be terminated under any of the following circumstances: (1) The enterprise annuity plan cannot be fulfilled due to legal dissolution, cancellation, bankruptcy and other reasons; (2) The enterprise annuity plan cannot be fulfilled due to force majeure and other reasons; (3) Other termination conditions stipulated in the enterprise annuity plan appear. Article 13 An enterprise shall report to the administrative department of human resources and social security within 10 days after the change or termination of the enterprise annuity plan, and notify the trustee. The enterprise shall, after the termination of the enterprise annuity plan, liquidate the enterprise annuity fund in accordance with the relevant provisions of the state and handle it in accordance with the relevant provisions of Chapter IV of these Measures. Chapter III Raising of Enterprise Annuity Fund Article 14 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. Fifteenth enterprise payment shall not exceed 8% of the total wages of employees of the enterprise every year. The total contributions of enterprises and employees shall not exceed 12% of the total wages of employees of the enterprise. The specific expenses shall be determined through consultation between the enterprise and the employees. Individual contributions of employees shall be withheld and remitted by enterprises from individual wages of employees. Article 16 After the implementation of enterprise annuity, the enterprise suffers from operating losses, reorganization and merger, etc. , and can not continue to pay in the current period, can stop paying after consultation with employees. After the situation that payment cannot be continued disappears, enterprises and employees can resume payment, and when payment is suspended, they can pay back according to the actual situation of the enterprise and the enterprise annuity plan. The period and amount of overdue payment shall not exceed the period and amount of actual suspension of payment. Chapter IV Account Management Article 17 The enterprise contributions shall be included in the employee's personal account of enterprise annuity according to the proportion and method determined by the enterprise annuity plan, and the employee's personal contributions shall be included in his personal account of enterprise annuity. Article 18 An enterprise shall reasonably determine the difference between the maximum current payment and the average payment of the unit included in the personal account of employee enterprise annuity. The maximum amount and average amount of the current payment of the enterprise included in the employee enterprise annuity personal account shall not exceed 5 times. Article 19 Individual contributions and investment income in individual accounts of employee enterprise annuities belong to individual employees from the beginning. The enterprise contributions and investment income in the personal account of enterprise annuity of employees can be agreed with employees to be owned by employees from the beginning, or they can be agreed to be owned by employees gradually with the increase of their working years in the enterprise, and the maximum period of full ownership is not more than 8 years. Article 20 Under any of the following circumstances, all the enterprise contributions and investment income in the personal account of the employee's enterprise annuity shall be owned by the employee himself: (1) The employee has reached the statutory retirement age, completely lost the ability to work or died; (2) One of the termination situations of the enterprise annuity plan stipulated in Article 12 of these Measures occurs; (3) The termination of the labor contract by the enterprise is not the fault of the employee, or the employee terminates the labor contract because of the enterprise's violation of the law; (four) the expiration of the labor contract, the labor contract has not been renewed due to enterprise reasons; (5) Other circumstances stipulated in the enterprise annuity plan. Article 21 The enterprise annuity shall not be included in the employee's personal account for the time being, and the enterprise annuity shall be included in the employee's personal account. The enterprise contributions and investment income in the enterprise account of enterprise annuity shall be included in the individual account of employee enterprise annuity according to the proportion and method determined by the enterprise annuity plan. Article 22 If an employee changes his/her work unit and a new employment unit has established an enterprise annuity or occupational annuity, the rights and interests of the personal account of the original enterprise annuity shall be transferred to the enterprise annuity or occupational annuity of the new employment unit. If the employee's new employment unit has not established enterprise annuity or occupational annuity, or the employee is studying, joining the army or being unemployed, the original enterprise annuity personal account can be temporarily managed by the original management institution, or it can be temporarily managed by the reserved account established by the collective plan initiated by the legal person trustee institution; The original trustee belongs to the enterprise annuity Council, and the enterprise and the employees choose the legal person trustee for management through consultation. Twenty-third after the termination of the enterprise annuity plan, the employee's original enterprise annuity personal account is temporarily managed by the reserved account established by the collective plan initiated by the legal person trustee; The original trustee belongs to the enterprise annuity Council, and the enterprise and the employees choose the legal person trustee for management through consultation. Chapter V Treatment of Enterprise Annuities Article 24 Employees who meet one of the following conditions may receive enterprise annuities: (1) When reaching the retirement age stipulated by the state or completely losing their ability to work, they may receive enterprise annuities from their personal accounts of enterprise annuities on a monthly basis, in installments or at one time, or they may purchase commercial endowment insurance products with all or part of the funds in their personal accounts of enterprise annuities, receive treatment according to the insurance contract and enjoy the corresponding inheritance rights; (two) the enterprise annuity personal account funds of the people who settle abroad can be paid to me in one lump sum according to my requirements; (three) after the death of employees or retirees, the balance of enterprise annuity personal accounts can be inherited. Twenty-fifth does not meet one of the above conditions for receiving enterprise annuity, shall not withdraw funds from the enterprise annuity personal account in advance. Chapter VI Management and Supervision Article 26 Where an enterprise establishes an enterprise annuity council as a trustee, the enterprise annuity council shall be composed of representatives of the enterprise and employees, and professionals outside the enterprise may also be invited to participate, of which at least one third are employees. The enterprise annuity Council shall not engage in any other form of business activities except managing the enterprise annuity affairs of the enterprise. Article 27 The trustee shall entrust account managers, investment managers and custodians who are qualified for enterprise annuity management to be responsible for account management, investment operation and custody of enterprise annuity funds. Article 28 The enterprise annuity fund shall be managed separately from the self-owned assets or other assets of clients, trustees, account managers, investment managers, custodians and other natural persons, legal persons or other organizations that provide services for the management of enterprise annuity funds, and shall not be used for other purposes. The management of enterprise annuity funds shall comply with the relevant provisions of the state. Twenty-ninth 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 these measures, the administrative department of human resources and social security shall give a warning and order it to make corrections. Thirtieth disputes arising from the conclusion or performance of the enterprise annuity plan shall be implemented in accordance with the relevant state provisions on collective contracts. In case of disputes arising from the performance of the enterprise annuity fund management contract, the parties may apply for arbitration or bring a lawsuit according to law. Chapter VII Supplementary Provisions Article 31 Where other employing units participating in the basic old-age insurance for enterprise employees and their employees establish supplementary old-age insurance, it shall be implemented with reference to these measures. Article 32 These Measures shall come into force on February 1 day, 2065. The Trial Measures for Enterprise Annuity issued by the former Ministry of Labor and Social Security on June 6, 2004 shall be abolished at the same time. If the enterprise annuity plan that has come into effect on the date of implementation of these Measures is inconsistent with the provisions of these Measures, it shall be changed within 1 year from the date of implementation of these Measures.

Legal objectivity:

(Adopted at the 7th ministerial meeting of the Ministry of Labor and Social Security on February 30, 2003, promulgated by Order No.20 of the Ministry of Labor and Social Security of People's Republic of China (PRC) on October 6, 2004, and effective as of May 30, 2004) Article 1 In order to establish a multi-level old-age insurance system, better guarantee the retirement life of enterprise employees and improve the social security system. 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 Enterprises that meet the following conditions may establish enterprise annuities: (1) Participate in basic old-age insurance according to law and fulfill the obligation of payment; (2) Having corresponding economic bearing capacity; (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 The enterprise annuity plan shall include the following contents: (1) the 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 contribution of an enterprise shall not exceed112 of the total wages of employees in the previous year. The total payment of enterprises and employees generally does not exceed 65438+ 0/6 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 in accordance with the provisions of the enterprise annuity plan in the proportion of employee enterprise annuity personal accounts; 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 of 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 employees do not implement the enterprise annuity system during the period of continuing education, joining the army, unemployment or new employment, their enterprise annuity personal accounts can be managed by the original management institutions. 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 is composed of enterprise and employee representatives, and professionals outside the enterprise may also be invited to participate, among which the employee representatives shall not be less than 1/3. 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.