according to the provisions of the social security law, the personal account of endowment insurance shall not be withdrawn in advance before retirement.
Unless there are some special circumstances, according to relevant regulations, one of the following conditions can be met:
(1) The payer dies;
(2) They have reached retirement age, with men reaching 6 years old and women reaching 5 years old;
(3) paying for my own immigration.
although the expenses paid by the old-age insurance are composed of individual account (the old-age insurance premium paid by employees) and overall account (the old-age insurance premium paid by the unit for employees), the extracted insurance premium can only be collected from the individual account, and the amount to be collected depends on the time period and grade paid.
The money in the pension account generally refers to the balance in the personal account of pension insurance. But the basic old-age insurance generally includes two parts: one is paid by individuals, and the other is paid by units. Regardless of whether the unit pays or the individual pays the endowment insurance fee, some of them enter the national overall planning, and the other part is included in the personal account. The money included in the personal account is the balance of the endowment insurance personal account. It can be taken out for use at last.
under normal circumstances, the unit pays three points of 2% to 3% of the total salary of the unit or the total average salary of the society, that is, 3% of the personal salary goes into the personal account; 8% of the personal salary or average salary paid by the individual goes into the personal account.
Legal basis:
The Social Insurance Law of the People's Republic of China
Article 11 The basic old-age insurance shall combine social pooling with individual accounts.
The basic old-age insurance fund consists of contributions from employers and individuals and government subsidies.
article 12 an employer shall pay the basic old-age insurance premium in proportion to the total wages of its employees as stipulated by the state and record it in the basic old-age insurance pooling fund.
employees should pay the basic old-age insurance premium according to the proportion of their salary stipulated by the state and record it in their personal accounts.
individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual account respectively.
Article 14 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 16 Individuals who have participated in the basic old-age insurance will receive the basic old-age pension on a monthly basis if they have accumulated contributions for fifteen years when they reach the statutory retirement age.
individuals who have participated in the basic old-age insurance and have paid less than fifteen years when they reach the statutory retirement age can pay for it until they have reached fifteen years and receive the basic pension on a monthly basis; Can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, enjoy the corresponding pension insurance benefits in accordance with the provisions of the State Council.
Article 17 If an individual who participates in the basic old-age insurance dies due to illness or non-work-related, his survivors can receive funeral subsidies and pensions; Those who have completely lost their ability to work due to illness or non-work-related disability before reaching the statutory retirement age can receive disability allowance. The required funds are paid from the basic old-age insurance fund.
constitution of the people's Republic of China
article 44 the state practices a retirement system for employees of enterprises and institutions and staff of state organs in accordance with the law. The life of retirees is guaranteed by the state and society.
article 45 the Chinese people and Chinese citizens have the right to get material help from the state and society in case of old age, illness or incapacity to work. The state develops social insurance, social relief and medical and health services that citizens need to enjoy these rights.
The state and society guarantee the lives of disabled soldiers, offer pensions to families of martyrs and give preferential treatment to families of soldiers.
the state and society help arrange the work, life and education of blind, deaf, dumb and other disabled citizens.
Labor Law of the People's Republic of China
Article 73 Laborers shall enjoy social insurance benefits according to law under the following circumstances:
(1) Retirement;
(2) getting sick or injured;
(3) being disabled at work or suffering from occupational diseases;
(4) unemployment;
(5) bearing.
after the death of a worker, his survivors shall enjoy the survivors' allowance according to law.
the conditions and standards for workers to enjoy social insurance benefits are stipulated by laws and regulations.
social insurance benefits enjoyed by workers must be paid in full and on time.
article 74 the social insurance fund handling institution shall collect, manage and operate the social insurance fund according to the law, and shall be responsible for maintaining and increasing the value of the social insurance fund.
social insurance fund supervision institutions shall supervise the income and expenditure, management and operation of social insurance funds in accordance with the law.
the establishment and functions of social insurance fund handling institutions and social insurance fund supervision institutions are stipulated by law.
no organization or individual may misappropriate social insurance funds.