Model contract: XX enterprise annuity plan
(Registration number)
XX company
XXXX，XXXX，XX，XX
In order to protect and improve employees' pension benefits after retirement, establish a multi-pillar old-age security system, mobilize employees' labor enthusiasm, enhance enterprise cohesion, improve labor productivity, and promote the healthy and sustainable development of enterprises, according to People's Republic of China (PRC) Labor Law, Provisions on Collective Contracts, Trial Measures for Enterprise Annuity, Trial Measures for Enterprise Annuity Fund Management and other laws, regulations and policies, combined with the actual situation of enterprises,
The plan follows the following three principles:
1, the principle of development. By establishing enterprise annuity system, enterprises can improve employees' pension benefits, mobilize their labor enthusiasm, improve labor productivity, and thus promote the development of enterprises.
2. The principle of efficiency. The overall payment of enterprise annuity is linked to the economic benefits of the enterprise, and it is overpaid when the benefits are good, and underpaid or temporarily unpaid when the benefits are poor; Employee's enterprise annuity payment is linked to labor contribution, which varies according to the size of labor contribution.
3. The principle of combining guidance with self-management. This plan adheres to the combination of government guidance and enterprise autonomy, and accepts the macro guidance of the government in accordance with relevant national and local policies and regulations. When making a plan, we should consider the actual situation of the enterprise and make it.
Chapter I Definition and Interpretation
1. 1 enterprise annuity: enterprise annuity is a supplementary old-age insurance system voluntarily established by enterprises and their employees on the basis of participating in basic old-age insurance according to law.
1.2 XX enterprise annuity plan: this plan and its detailed rules and appendices.
1.3 XX enterprise annuity fund: refers to the supplementary endowment insurance fund formed by the funds raised by XX enterprise annuity plan and the investment and operation income of enterprises according to the Trial Measures for Enterprise Annuity and the Trial Measures for the Management of Enterprise Annuity Fund.
1.4 enterprise employees: refers to natural persons who have signed labor contracts with enterprises according to law and are in the labor contract period.
1.5 plan participant: the plan participant mentioned in this plan refers to the enterprise employees who have become members of this plan according to the provisions of 3. 1 of this plan and opened personal accounts with the account manager.
1.6 trustee: refers to the legal person trustee entrusted to manage the enterprise annuity fund.
1.7 Beneficiaries: The beneficiaries mentioned in this plan refer to the employees of the enterprise who participate in this enterprise annuity plan and enjoy the beneficial rights.
1.8 Unattributed rights and interests: the rights and interests whose ownership is temporarily uncertain because the employees quit the plan due to resignation and other reasons, resulting in the confiscation of their personal accounts related to enterprise payment and investment operation income. In this plan, undivided rights and interests are included in the enterprise account.
1.9 Special account for entrusted property custody: refers to the special deposit account for enterprise annuity fund property opened by the trustee in the custodian bank in the name of XX enterprise annuity fund, which is used to collect the payment and payment benefits of enterprise annuity.
Chapter II Formulation of Plans
2. 1 The name of this plan is "XX Enterprise Annuity Plan".
2.2 This plan is formulated by the enterprise and the trade union (or employee representatives) through collective consultation.
2.3 The draft plan has been approved by the board of directors of the enterprise, and discussed and adopted by the workers' congress (or workers' congress).
2.4 This plan has been registered in the administrative department of labor and social security in XX area with the registration number of XX.
2.5 This plan is formulated, effective and implemented on XX, XX, XX.
Chapter III Plan Participants
3. 1 Employees of this enterprise who meet the following conditions can join this plan.
3. 1. 1 has a formal labor contract relationship with this enterprise during the implementation of this plan, and is earnestly fulfilling various obligations stipulated in the labor contract;
3. 1.2 The probation period expires;
3. 1.3 has participated in the basic old-age insurance and fulfilled the obligation of payment.
3.2 The employees of this enterprise who meet the requirements for participation shall register according to the following procedures: fill in, sign and submit the application form of this plan honestly, completely and accurately, and become the participants of this plan from the date of signing and confirmation by the company.
3.3 The rights of participants in this plan are:
3.3. 1 legally enjoy the right to receive enterprise annuity treatment after meeting the conditions specified in this plan;
3.3.2 Have the right to know personal account information.
3.4 The obligations of the participants in this plan are:
3.4. 1 authorize the enterprise to withhold individual contributions from the salary income received by employees in the enterprise every month;
3.4.2 As the principal, the authorized enterprise entrusts the plan trustee to manage the assets in his personal account;
3.4.3 Promise not to withdraw funds from personal accounts in advance when the conditions specified in Section 6. 1 are not met, regardless of whether this plan still exists.
3.5 Plan participants can quit the plan; When exiting, you only need to submit a signed written exit document to the enterprise; The enterprise notifies the trustee in writing that the plan participant withdraws, and the trustee also notifies the account manager in writing; After plan participants quit the plan, if plan participants join another enterprise annuity plan, their personal accounts in this plan can be transferred to this plan.
3.6 When one of the following conditions is met, plan participants must quit the plan:
3.6. 1 meets the payment conditions of enterprise annuity treatment stipulated in 6. 1, and applies for payment of enterprise annuity treatment;
3.6.2 The labor contract is not renewed upon expiration;
3.6.3 The term of the labor contract has not expired, but the labor employment relationship with this enterprise is terminated;
3.6.4 Resignation without the approval of the enterprise before the expiration of the labor contract.
3.7 The rights and obligations of employees who have participated in this plan before but quit for some reason but rejoined will remain unchanged.
Chapter IV Management of Capital Accounts
4. 1 The enterprise annuity funds raised in this plan are fully accumulated and managed by personal accounts; At the same time, establish enterprise accounts to collect unclaimed rights and interests paid by enterprises.
4.2 open an account
The trustee selects the account manager, and the account manager opens personal accounts and enterprise accounts in the name of the enterprise annuity fund established in this plan.
4.3 Maintenance and update of accounts
The account manager is responsible for the daily maintenance and update of personal accounts and company accounts, including:
4.3. 1 Personal contributions are credited to personal accounts for bookkeeping;
4.3.2 Distribution and bookkeeping of enterprise contributions in personal accounts;
4.3.3 Distribute and account the investment operation income in personal account every week (Sunday);
4.3.4 The collection of unclaimed rights and interests in enterprise accounts and the treatment of the tail difference of investment income distribution;
4.3.5 Payment method of enterprise annuity treatment;
4.3.6 Check with the trustee and custodian;
4.3.7 Other information related to personal account.
4.4 account transfer
4.4. 1 When a plan participant changes his work unit and participates in the enterprise annuity plan of a new employment unit, the individual account of the plan participant can be transferred to the enterprise annuity plan account manager of the new employment unit for management.
4.4.2 Under any of the following circumstances, the individual accounts of plan participants can be managed by the account manager of the plan, and transferred when the conditions are met, or the accumulated amount of individual accounts of enterprise annuity can be collected when the conditions of 6. 1 are met:
4.4.2. 1 The plan participants did not participate in the enterprise annuity plan of the new employment unit, the new employment unit did not implement the enterprise annuity system, the account management system of the enterprise annuity system of the new employment unit was not perfect, or other circumstances occurred that the personal account could not be transferred due to the reasons of the new employment unit;
4.4.2.2 plan participants are in the period of further education, joining the army and unemployment;
4.4.2.3 terminated the plan due to the closure, suspension of business, merger and transfer of this enterprise.
4.5 Account cancellation
4.5. 1 After the plan participants receive the accumulated amount of their personal accounts, their personal accounts for enterprise annuities will be revoked;
4.5.2 If a plan participant dies before retirement or before his personal account of enterprise annuity is paid, and the balance of his personal account is fully collected by the designated beneficiary or inherited by his legal heir according to the provisions of the National Inheritance Law of People's Republic of China (PRC), his personal account will be revoked.
4.6 Before the plan participants have the right to dispose of the assets credited to their personal accounts, the plan participants shall not exchange, transfer, mortgage or pledge the assets credited to their personal accounts privately.
Chapter V Planned Payment
5. 1 This plan adopts the payment determination mode, and all contributions are credited to personal accounts. Enterprise annuity payment shall be paid jointly by the enterprise and individual employees.
5.2 Corporate Payment
5.2. 1 The monthly payment withdrawal ratio of the enterprise is the total wages of employees in the previous year.
5.2.2 Enterprises shall calculate their enterprise contributions according to the working years of each plan participant.
5.2.3 For employees who have worked for less than 5 years and have joined the plan, the proportion of enterprise contributions provided by enterprises.
5.2.4 Proportion of enterprise contributions provided by enterprises for employees who have participated in the plan and have worked for more than 5 years but less than 10 years.
5.2.5 Proportion of enterprise contributions provided by enterprises for employees who have worked 10 years or more and have joined the plan.
5.2.6 If an enterprise is temporarily unable to fulfill its payment obligations due to losses, closure, suspension of business, merger or transfer in the last year, it may suspend or postpone payment. And resume the payment obligation or make up for the suspended payment when the profit of the enterprise improves. If payment is suspended or postponed for more than five years, the Enterprise shall terminate the plan.
5.2.7 When signing a labor contract with employees participating in this plan, the enterprise shall specify the corresponding provisions of the enterprise annuity. Upon the expiration of each labor contract of the participant, the accumulated enterprise annuity credited to the participant's personal account during the contract period shall be permanently owned by his personal account.
5.2.8 An enterprise shall not hire or dismiss a specific person on the grounds that it is conducive to the implementation of this plan, except in the case of hiring a person as a member of the pension board or dismissing a member of the pension board.
5.3 Individual contributions of plan participants
5.3. 1 Individual contributions shall be withheld by the enterprise from its salary.
5.3.2 The individual contribution of enterprise annuity for each plan participant is the average monthly salary of the participant in the previous year.
5.3.3 Plan participants can choose to appropriately increase individual contributions from their own salary income, which will be paid by enterprises on their behalf. However, the total contributions of enterprises and employees shall not exceed the limit specified in 5.5.
5.3.4 When plan participants are temporarily unable to fulfill their payment obligations due to major changes such as disability, payment can be suspended or postponed.
5.4 The calculation method of enterprise's contribution to each participant and individual's contribution to each participant shall be formulated separately by the enterprise. The detailed rules are formulated in the same procedure as this scheme. The modification procedure of the detailed rules follows the modification procedure of the plan entity, but the modification of the detailed rules does not affect the execution and modification of the plan entity.
5.5 The total individual contributions of enterprises and plan participants shall not exceed 1/6 of the total wages of employees of the enterprise in the previous year.
5.6 After the termination of the plan or the withdrawal of the plan participants, if the plan participants want to continue to pay the fees to the personal account opened in the plan, it will be managed by the plan trustee.
5.7 After the plan participant withdraws from the plan, he can stop fulfilling the payment obligations agreed in the plan, and the payment made by the enterprise for the participant will also stop; After the termination of this plan, the enterprise can stop fulfilling the payment obligations agreed in this plan, and the plan participants also have the right to stop individual payment.
5.8 Payment Time and Transfer Method
5.8. 1 The enterprise shall pay the enterprise contributions and remit the individual contributions during the monthly salary payment period (beginning, middle or end of the month). Among them, the individual contributions are directly withheld by the enterprise from the salary of the plan participants.
5.8.2 The enterprise will directly remit the contributions paid by enterprises and individuals to the special account for entrusted property custody opened by the custodian.
Chapter VI Payment and Transfer of Enterprise Annuity Benefits
6. 1 plan participants who meet one of the following conditions can enjoy the enterprise annuity treatment of this plan:
6. 1. 1 has reached the retirement age stipulated by the state, or has gone through retirement formalities according to the Labor Law of People's Republic of China (PRC) or other laws and regulations;
6. 1.2 loss of working ability;
6. 1.3 died before retirement;
6. 1.4 Leave the country to settle down.
6.2 Apply for the enterprise annuity benefits of this plan.
6.2. 1 Plan participants who meet the conditions of 6. 1. 1 and 6. 1.2:
6.2. 1.65438+
6.2. 1.2 When applying, you need to fill in the Application Form for Payment of Enterprise Annuity Benefits truthfully, completely and accurately, and provide all the information required by the trustee. You also need to provide my identity certificate, the identity certificate of the entrusted agent, the original work unit certificate, personal bank account information, etc.
6.2. 1.3 If the original work unit certificate cannot be provided, it must be applied by myself and obtained with the consent of the trustee.
6.2.2 Meeting of Plan Participants 6. 1.3:
6.2.2. 1 The certificate shall be issued by the police station where the original household registration is located and the hospital where the death occurred, and the beneficiary designated by the certificate shall apply to the trustee, and the trustee shall instruct the trustee to issue it at one time after verification.
When a plan participant in 6.2.2.2 dies, if there is no designated beneficiary, the designated beneficiary dies, or if the designated beneficiary is unable to exercise the beneficiary right, his testamentary successor (if the plan participant has made another will) or legal heir shall inherit in accordance with the relevant provisions of the People's Republic of China (PRC) Inheritance Law in the order of inheritance.
6.2.3 Meeting of Plan Participants 6. 1.4:
A certificate must be issued by the police station where the original household registration is located. I or the agent authorized by the participant apply to the trustee, and after the trustee verifies that it is correct, the trustee instructs the trustee to issue it in one lump sum.
6.3 Payment method of enterprise annuity benefits:
6.3. 1 Plan participants meeting 6. 1. 1 and 6. 1.2:
6.3. 1. 1 Pay according to the accumulated amount of personal account (including principal and interest dividends). Participants can choose to receive the commercial insurance annuity in one lump sum, by installment or by transfer, and the trustee will instruct the trustee to pay the annuity treatment to the beneficiary in the agreed way.
6.3. 1.2 After the insured person reaches retirement age, goes through retirement formalities or starts to lose the ability to work in that year, he can start to pay the benefits at any time, but not later than that year1February 3 1 day.
6.3. 1.3 If the accumulated amount of individual accounts of plan participants exceeds 60 times of the average monthly salary of the previous year, they may not receive it in one lump sum, and they may choose to receive it in installments or transfer it to commercial insurance annuities.
6.3. 1.4 individual contributions for more than 60 months shall be paid in one lump sum, but they shall not be collected in one lump sum, and may be collected in installments or transferred to commercial insurance annuities.
6.3. 1.5 If there is still a balance in the personal account when the plan participant dies, the designated beneficiary or heir will receive all the balance in one lump sum.
6.3.2 Meeting of Plan Participants 6. 1.3:
The beneficiary or legal heir designated by it shall receive it in one lump sum. If the beneficiary or heir has joined other enterprise annuity plans, he may request that the accumulated amount of the individual accounts of the participants in this plan be fully transferred to the individual accounts of the beneficiary or heir.
6.3.3 Meeting of Plan Participants 6. 1.4:
You can receive the accumulated amount of your personal account at one time according to your own requirements.
6.4 The right of plan participants or their designated beneficiaries to control and dispose of the accumulated amount recorded in their personal accounts automatically starts from one of the following times, regardless of whether the plan participants have applied for payment of enterprise annuity benefits or have started to pay enterprise annuity benefits:
6.4. 1 Date when the plan participant reaches retirement age;
6.4.2 The first day after the plan participants go through the retirement formalities;
6.4.3 The date when the plan participants lose their ability to work;
6.4.4 Date of death of plan participants;
6.4.5 The date when the plan participants obtain the relevant approval documents for leaving the country for settlement.
From the above time, the enterprise and anyone except the plan participants, spouses, designated beneficiaries and legal heirs have no right to transfer funds from personal accounts.
6.5 designation of beneficiaries and modification of designation
6.5. 1 A plan participant may designate the beneficiary in writing in the plan application form as the heir to the personal account property of the enterprise annuity after his death.
6.5.2 Plan participants may revoke or modify the designation at any time. When changing the designation, fill in the form of redesignation beneficiary and hand it over to the trustee by myself or the enterprise.
6.6 Property transfer of beneficiary's personal account
The part paid by the plan participants in the personal account and their investment income belong to the beneficiary himself, but the ownership of the part paid by the enterprise for the plan participants is determined according to the following provisions:
6.6. 1 Under normal circumstances, the ownership interest of retirement and death is100%;
6.6.2 Transfer or withdrawal upon resignation shall be calculated according to the specified ownership ratio:
6.6.2. 1 For employees who have left their jobs for less than 5 years, the proportion of enterprise contributions belongs to the employees themselves.
In 6.6.2.2, for employees who have left their jobs for more than 5 years and less than 65,438+00 years, the proportion of enterprise contributions belongs to employees.
In 6.6.2.3, the proportion of enterprise contributions belongs to employees who have worked for more than 10 years.
Chapter VII Fund Property Management
7. 1 The funds raised in this plan will be entrusted for management.
7.2 Trustee Fund Management
7.2. 1 The annuity fund raised in this plan will be entrusted to (legal person trustee) for entrusted management. The trustee entrusts a trustee with enterprise annuity fund custody qualification to manage enterprise annuity fund property, entrusts an investment manager with enterprise annuity fund investment management qualification to manage enterprise annuity fund investment, and entrusts an account manager with enterprise annuity fund account management qualification to provide enterprise annuity fund personal account and enterprise account service.
7.2.2 The trustee has the right to obtain the information of all participants in this plan, including: name, address, home phone number, ID number, date of birth, starting time of labor relationship with the enterprise, starting time of participation in this plan, etc.
7.3 custody of funds
7.3. 1 The trustee shall select the custodian and open a special account for entrusted property in the name of XX enterprise annuity fund established in this plan at the custodian's business site, so as to receive the money from enterprises and individuals.
7.3.2 The custodian is responsible for the collection, custody, supervision, liquidation, accounting and valuation of the fund property.
7.3.3 The custodian shall open a special account for entrusted investment assets according to the instructions of the trustee, and be responsible for supervising whether the trustee and the investment manager operate in accordance with the provisions of XX Enterprise Annuity Fund Entrusted Management Contract and XX Enterprise Annuity Fund Investment Management Contract.
7.4 Fund Investment Management
7.4. 1 The trustee is responsible for formulating investment policies and proportional restrictions in accordance with relevant laws and regulations.
7.4.2 Under the guidance of investment policies and under the supervision of trustees and custodians, investment managers are responsible for the daily investment management of enterprise annuity fund property.
7.5 Management expenses of fund property
7.5. 1 Entrustment fee: The entrustment fee charged by the trustee shall be charged from the property of the enterprise annuity fund established in this plan, which is specifically determined according to the agreement in the XX Enterprise Annuity Fund Entrustment Management Contract.
7.5.2 Account management fee: the account management fee charged by the account manager shall be paid separately by the enterprise, and the specific amount shall be determined according to the provisions of XX Enterprise Annuity Fund Account Management Contract.
7.5.3 Custody fee: The custody fee charged by the custodian shall be paid by the custodian from the property of the enterprise annuity fund established in this plan, which is specifically determined in the XX Enterprise Annuity Fund Custody Contract.
7.5.4 Investment management fee: The investment management fee charged by the investment manager shall be charged from the property of the enterprise annuity fund established in this plan, and the specific proportion shall be determined through consultation according to the provisions of XX Enterprise Annuity Fund Investment Management Contract.
Chapter VIII Information Disclosure of Plan Participants
8. 1 Program participants have the right to obtain the following information about this program:
8. 1. 1 official text of this plan and its payment rules;
8. 1.2 notice of modification of this plan or payment rules of this plan and the modified official text and its modification explanation;
8. 1.3 Reply of plan participants to withdraw from the plan and confirmation of enterprise payment rights.
8.2 Personal account change information and balance statement sent by account manager will be sent to plan participants regularly.
8.3 Plan participants have the right to inquire about the following matters at any time:
8.3. 1 personal account balance;
8.3.2 Basic information of personal information;
8.3.3 Investment income of the fund property established in this plan;
8.3.4 Other information permitted by laws and regulations.
Chapter IX Plan Supervision and Dispute Resolution
9. 1 The formulation and implementation of this plan shall be guided and supervised by the administrative department of labor and social security in XX area.
9.2 If the enterprise and the plan participants have any ambiguity or dispute about the terms of individual chapters of this plan, the enterprise and the plan participants shall settle it through consultation; If negotiation fails, arbitration shall be conducted by the labor dispute arbitration department in XX area.
Chapter X Modification and Termination of the Plan
10. 1 plan modification
10. 1. 1 When one of the following situations occurs, this plan will enter the modification procedure:
10.1.1.1More than half of the employees of this enterprise or more than two thirds of the board members propose to modify this plan;
10. 1. 1.2 Some of the provisions of the program were judged invalid by the administrative department of labor and social security or the judicial organ.
10. 1.2 plan modification shall be based on the following procedures:
10. 1.2. 1 The enterprise and the trade union (or employee representatives) shall be determined through collective negotiation;
10. 1.2.2 The revised draft plan was reviewed and adopted by the board of directors of the enterprise, and discussed and adopted by the workers' congress (or workers' congress).
10.10.3 after each modification, if the obligations stipulated in the plan before the modification have not been fully fulfilled, the enterprise and the plan participants shall fully fulfill their obligations before applying the modified new plan.
10.10.4 after each modification, the board of directors of the enterprise, the plan participants and the trustee shall obtain a written modification notice and explanation.
10.2 termination of the plan
10.2. 1 This plan will be terminated in any of the following circumstances:
10.2. 1. 1 More than half of the employees of this enterprise or more than two thirds of the board members are opposed to continuing to implement this plan;
10.2.10.2 Enterprise goes bankrupt;
10.2.10.3 this scheme is judged invalid by the labor and social security department or the judicial organ;
10.2.10.4 major changes have taken place in relevant national laws and regulations, making it impossible to continue the implementation of this plan under the new circumstances.
10.2.2 When this plan is terminated, the personal account, enterprise account and fund property established in this plan are still valid and continue to exist except for the situations listed in10.2.10.3.
10.2.3 the termination of this plan shall be filed with the administrative department of labor and social security in XX area, and the plan participants and trustees shall be notified in writing.
Chapter III XI's Punishment of the Plan
In any of the following circumstances, the enterprise has the right to confiscate the enterprise's capital contribution and investment income credited to the participant's personal account during the contract period:
11.1.1terminate the labor relationship with the enterprise before the current labor contract expires;
1 1. 1.2 If the current labor contract is not full and the labor-employment relationship is not officially terminated, the employee will automatically leave;
The labor contract is terminated due to violation of law and discipline.
The confiscated and transferred unclaimed rights and interests will be collected into the enterprise account as an allowance for rewarding specific personnel in the enterprise annuity.
1 1.2 If this plan is ruled invalid by the judicial department, the administrative department of labor and social security or according to relevant laws and regulations, the payment of the enterprise and its investment income shall be handled according to the provisions of laws and regulations; Participants in the program have the right to demand the return of all personal contributions and investment income since joining the program.