In order to implement the Social Insurance Law of People's Republic of China (PRC) (hereinafter referred to as the Social Insurance Law), these Provisions are formulated.
The first chapter is the basic endowment insurance.
Article 1 The overall pension stipulated in Article 15 of the Social Insurance Law shall be calculated and paid according to the basic pension calculation and payment method stipulated by the State Council.
Article 2 When an individual who participates in the basic old-age insurance for employees reaches the statutory retirement age, if the accumulated payment is less than fifteen years, the payment may be extended to fifteen years. After the implementation of the Social Insurance Law, if the payment is extended for five years but still less than fifteen years, it can be paid in one lump sum for fifteen years.
Article 3 Individuals who participate in the basic old-age insurance for employees who have paid less than 15 years after reaching the statutory retirement age (including extending the payment in accordance with Article 2) may apply for transfer to the new rural social endowment insurance or urban residents' social endowment insurance where their household registration is located, and enjoy the corresponding old-age insurance benefits.
Individuals who participate in the basic old-age insurance for employees reach the statutory retirement age, and the accumulated payment is less than fifteen years (including the extension of payment in accordance with the provisions of Article 2), and have not been transferred to the new rural social endowment insurance or urban residents' social endowment insurance, individuals can apply in writing to terminate the basic old-age insurance relationship for employees. After receiving the application, the social insurance agency shall inform it in writing of its right to transfer to the new rural social endowment insurance or urban residents' social endowment insurance and the consequences of terminating the basic endowment 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.
Article 4 If individuals who participate in the basic old-age insurance for employees are employed across provinces, and the accumulated payment is less than 15 years when they reach the statutory retirement age, they shall continue to pay the fees according to the provisions of the Notice of the General Office of the State Council on Forwarding the Interim Measures for the Transfer and Continuation of the Basic Old-age Insurance for Employees in Urban Enterprises in Ministry of Human Resources and Social Security (Guo Ban Fa [2009] No.66).
Article 5 If individuals participating in the basic old-age insurance for employees are employed across provinces and meet the requirements of receiving the basic old-age pension on a monthly basis, the specific measures for the calculation and unified payment of the basic old-age pension shall be implemented in accordance with the Notice of the General Office of the State Council on Forwarding the Interim Measures for the Transfer and Continuation of the Basic Old-age Insurance for Employees of Urban Enterprises in Ministry of Human Resources and Social Security (Guo Ban Fa [2009] No.66).
Article 6 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.
Chapter II Basic Medical Insurance
Article 7 The payment period for retirees to enjoy basic medical insurance benefits as stipulated in Article 27 of the Social Insurance Law shall be implemented in accordance with local regulations.
Individuals who participate in the basic medical insurance for employees, when the relationship between basic medical insurance is transferred, the payment period of basic medical insurance is calculated cumulatively.
Article 8 The medical expenses incurred by the insured in the agreed medical institutions shall be paid by the basic medical insurance fund in accordance with the provisions of the state if they meet the basic medical insurance drug list, diagnosis and treatment items and medical service facilities standards.
If the insured really needs emergency treatment and rescue, he can seek medical treatment in a non-agreement medical institution; The scope of drugs that must be used for rescue can be appropriately relaxed. The specific measures for the administration of emergency and rescue medical services of the insured shall be formulated by the overall planning area according to the local actual situation.
Chapter III Industrial Injury Insurance
Article 9 If employees (including part-time employees) are employed by more than two employers at the same time, each employer shall pay work-related injury insurance premiums for employees respectively. If an employee is injured at work, the unit that works when the employee is injured shall bear the responsibility of work-related injury insurance according to law.
Article 10 The drunkenness standard in Item (2) of Article 37 of the Social Insurance Law shall be implemented in accordance with Threshold and Detection of Alcohol Content in Blood and Breath of Motor Vehicle Drivers (GB 19522-2004). The test conclusion, diagnosis certificate and other materials issued by the traffic management department of public security organs, medical institutions and other relevant units according to law can be used as the basis for identifying drunkenness.
Article 11 The industrial injury death allowance mentioned in Item 8 of Article 38 of the Social Insurance Law refers to the one-time industrial injury death allowance mentioned in Article 39 of the Regulations on Industrial Injury Insurance. The standard is 20 times the per capita disposable income of urban residents in the previous year when the industrial injury occurred.
Last year, the per capita disposable income of urban residents in China was based on the data published by the National Bureau of Statistics.
Article 12 The wages and benefits during the treatment of work-related injuries in the first paragraph of Article 39 of the Social Insurance Law shall be implemented in accordance with the provisions of Article 33 of the Regulations on Work-related Injury Insurance on the wages, benefits, nursing and other benefits that employees should enjoy during the period of shutdown with pay.
Chapter IV Unemployment Insurance
Thirteenth unemployed people who meet the conditions stipulated in Article 45 of the Social Insurance Law may apply for unemployment insurance and enjoy other unemployment insurance benefits. Among them, unintentional interruption of employment includes the following situations:
(1) The labor contract is terminated in accordance with the provisions of Item 1, Item 4 and Item 5 of Article 44 of the Labor Contract Law;
(2) The employer terminates the labor contract in accordance with Articles 39, 40 and 41 of the Labor Contract Law;
(3) The employer proposes to terminate the labor contract with the employee in accordance with Article 36 of the Labor Contract Law, and has reached an agreement with the employee to terminate the labor contract;
(four) the employer proposes to terminate the employment contract or is dismissed, removed or expelled by the employer;
(5) The employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law;
(six) other circumstances stipulated by laws, regulations and rules.
Article 14 If an unemployed person is re-employed after receiving unemployment insurance benefits, the payment time will be recalculated when he is unemployed again. If the unemployed do not meet the conditions for receiving unemployment insurance benefits in the current period, the original payment time will be retained, and if they are re-employed and insured, the payment time will be calculated cumulatively.
Article 15 During the period of receiving unemployment insurance benefits, unemployed persons should actively apply for jobs and receive job introduction and vocational training. The unemployment insurance fund shall pay the subsidies for the unemployed to receive job introduction and vocational training in accordance with regulations.
Chapter V Fund Management and Handling Services
Article 16 The preparation and examination and approval of the draft budget and final accounts of the social insurance fund shall be carried out in accordance with the Opinions of the State Council on the Trial Budget of the Social Insurance Fund (Guo Fa [2010] No.2).
Seventeenth social insurance agencies shall mail the personal rights and interests records of the insured to me at least once a year. At the same time, social insurance agencies can send personal rights records to the insured by SMS or email.
Eighteenth social insurance administrative departments, social insurance agencies and their staff shall keep the information of employers and individuals confidential according to law, and shall not illegally disclose the following information to others:
(1) Information that involves the business secrets of the employer or may harm the legitimate interests of the employer after disclosure;
(2) Information concerning personal rights and interests.
Chapter VI Legal Liability
Article 19 If an employer refuses to issue a certificate of termination or dissolution of labor relations to the employee when terminating or dissolving the labor contract, resulting in the employee being unable to enjoy social insurance benefits, the employer shall be liable for compensation according to law.
Twentieth employees should pay social insurance premiums withheld by the employer. If the employer fails to withhold and remit according to law, the social insurance premium collection agency shall order the employer to pay within a time limit, and from the date of default, the employer shall be charged a late fee of 0.5% on a daily basis. The employer shall not require employees to bear the late payment fee.
Article 21 If an employer encounters serious difficulties in production and operation due to force majeure, it may, with the approval of the social insurance administrative department of the provincial people's government, postpone the payment of social insurance premiums for a certain period of time, generally not exceeding one year. During the suspension of payment, the late payment fee will be exempted. After the expiration, the employer shall pay the corresponding social insurance premium.
Article 22 If an employer provides a guarantee in accordance with Article 63 of the Social Insurance Law and signs a holdover agreement with the social insurance fee collection agency, the late payment fee shall be exempted during the holdover period.
Article 23 The period during which the employing unit defers the payment of social insurance premiums in accordance with Articles 21 and 22 of these Provisions shall not affect its employees' enjoyment of social insurance benefits according to law.
Article 24 If the employer fails to inform the workers of the details of paying social insurance premiums on a monthly basis, the administrative department of social insurance shall order it to make corrections; Overdue reform, in accordance with the provisions of the "labor security supervision regulations" thirtieth.
Article 25 Where medical institutions, pharmaceutical trading units and other social insurance service institutions defraud social insurance fund expenditures by means of fraud or forgery of certification materials, the social insurance administrative department shall order them to return the defrauded social insurance money and impose a fine of more than 2 times and less than 5 times the amount defrauded. Medical institutions and pharmaceutical business units that have signed service agreements with social insurance agencies shall be held accountable by social insurance agencies in accordance with the agreements. If the circumstances are serious, the service agreement signed with it may be terminated. The directly responsible person in charge and other directly responsible personnel with professional qualifications shall be revoked by the relevant competent department in charge of the social insurance administrative department.
Article 26 If social insurance agencies, social insurance premium collection agencies, social insurance fund investment and operation agencies, social insurance fund special account opening agencies, special account management banks and their staff have the following illegal situations, the social insurance administrative department shall investigate and deal with them in accordance with the provisions of Article 91 of the Social Insurance Law:
(a) concealing or illegally storing the social insurance fund that has been applied for or collected, and not recording the collection;
(2) illegally transferring the social insurance fund to an account other than the special account of the social insurance fund;
(3) Misappropriation of social insurance funds;
(four) crowding out social insurance funds or crowding out other social insurance funds from social insurance funds;
(five) the social insurance fund is used to balance the financial budget, build or rebuild office buildings and pay personnel expenses, business expenses and management expenses;
(six) in violation of the provisions of the state investment and business policies.
Chapter VII Others
Twenty-seventh employees and employers have social insurance disputes, they can apply for mediation and arbitration and bring a lawsuit in accordance with the "People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law" and the "Rules for the Arbitration and Handling of Labor and Personnel Disputes".
If an employee thinks that the employer fails to pay social insurance premiums in full and on time and infringes on his social insurance rights and interests, he may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law. The administrative department of social insurance or the collection agency of social insurance premiums shall handle it in accordance with the relevant provisions of the Social Insurance Law and the Regulations on Labor Security Supervision. In the process of handling, if the employer raises an objection to the labor relationship between the two parties, the social insurance administrative department shall continue to handle it after finding out the relevant facts according to law.
Article 28 In areas where social insurance agencies collect social insurance premiums, social insurance administrative departments shall perform the duties of relevant administrative departments as stipulated in Article 63 of the Social Insurance Law.
Twenty-ninth after 2011July, if the employer fails to pay the social insurance premium in full and on time, it shall be handled in accordance with the Social Insurance Law and these Provisions; If the employer fails to pay the social insurance premium in full and on time before July 20 1 1, it shall be implemented in accordance with the relevant provisions of the state and local people's governments.
Thirtieth the provisions shall come into force as of 20111July.