(1) Establishing a legal framework for the basic pension insurance system covering all urban and rural residents. For a long time, the construction of my country's basic pension insurance system has been mainly based on administrative regulations, departmental rules and local regulations. The number of laws and regulations is small, the system is incomplete, and even different. Policies or regulations conflict with each other.

Relevant legislation mainly includes the Constitution, the Labor Law, the Labor Contract Law, and the Interim Regulations on the Collection and Payment of Social Insurance Premiums.

The National People's Congress has little legislation and many administrative regulations, and the legislative level has always been low. For example, the "Basic Plan for County-level Rural Social Pension Insurance (Trial)" promulgated by the Ministry of Civil Affairs in 1992 is a typical example.

This situation has led to the lack of authority and stability in my country's social insurance legislation, and the delay in establishing a social insurance legal system.

While the social insurance system for urban employees continues to improve, the development of rural social pension insurance once stagnated.

In 2009, the country began the pilot operation of the “New Rural Insurance” policy.

Based on the current development status and favorable environment, Article 3 of the "Social Insurance Law" clarifies that my country's social insurance system adheres to the policy of "wide coverage", and finally clarifies in the form of the Basic Law that my country will establish a social pension insurance legal system covering urban and rural residents. .

(2) It is clarified that the national overall planning of basic pension insurance means that a certain level of government has the policy-making power corresponding to the power of fund allocation.

Because China's pension insurance is based on cities and counties as the basic co-ordinating units, free transfer between various co-ordinating units is generally not possible.

The low level of coordination has brought many difficulties to the inter-provincial flow of labor, such as the continuation of social insurance relationships and the recording of rights and interests.

We should affirm that the realization of provincial co-ordination and free transfer within the province is a progress. The scope of employment of workers can be expanded to the whole country, which is especially important in solving the pension problem of migrant workers, but it cannot fundamentally solve the problem.

With the adjustment of industrial structure and regional differences in operating costs becoming more and more obvious, the right to choose employment is no longer completely in the hands of workers, and inter-provincial employment is becoming more and more common.

Moreover, the problem of pension insurance account transfer after migrant workers return to rural areas has become more prominent.

Without true national co-ordination, we cannot truly realize a social pension security system covering both urban and rural areas.

Article 64 of the "Social Insurance Law" stipulates that basic pension insurance funds will be gradually implemented nationwide, finally implementing this key issue. Although the content of the law is still rough, it is still a huge progress.

(3) Expanding the scope of insured persons in basic pension insurance. The continuous refinement of social division of labor and rapid economic development have given rise to some new occupations that do not yet have clear occupational definitions.

The characteristic is that there is no fixed labor relationship, working hours, etc., and the occupational characteristics are also different from traditional occupations.

In addition, there are also a large number of unemployed people in urban areas, individual industrial and commercial households, labor workers and other people without fixed occupations.

(4) The system for receiving basic pension insurance is clarified. The "Decision of the State Council on Improving the Basic Pension Insurance System for Enterprise Employees" stipulates that migrant workers shall participate in basic pension insurance. If migrant workers reach the age of receiving benefits but have paid contributions for less than 15 years in total, they shall not participate in the new type of pension insurance.

For those covered by rural social pension insurance, their personal account pensions will be paid in one lump sum compared to similar people in urban areas.

When migrant workers leave their place of employment, in principle, they will not “surrender” their insurance, and the local social insurance agency (hereinafter referred to as the “social insurance agency”) will issue insurance payment vouchers for them.

Article 14 of the "Social Insurance Law" clarifies that personal accounts are not allowed to be withdrawn in advance, which curbs the spread of migrant workers' withdrawal from insurance.

Provisions on one-time payments were deleted and insurance levels were increased.

This is also consistent with Article 3 of the "Interim Measures for the Transfer and Continuation of the Basic Pension Insurance Relationship for Urban Enterprise Employees" which states that "the basic pension insurance relationship shall not be terminated and the surrender procedures shall not be completed before reaching the age for receiving benefits."

The most important obstacle that causes migrant workers to withdraw from insurance is solved.

The "Interim Measures for the Transfer and Continuation of the Basic Pension Insurance Relationship for Urban Enterprise Employees", with the support of the basic legal provisions of the "Social Insurance Law", clarifies the specific content of the relocation of basic pension insurance. The cooperation of the two provides a basis for the "national roaming" of basic pension insurance.