Article 2 The Ministry of Labor shall be responsible for formulating various systems and policies for the management of the endowment insurance fund for employees of enterprises and workers under the labor contract system in government agencies and institutions, and shall supervise and inspect the fund management throughout the country. The local labor administrative departments at all levels shall be responsible for formulating the measures for the implementation of the fund management system in their respective regions, and supervising and inspecting the fund management in their respective regions.
Article 3 The social insurance management institution of the Ministry of Labor shall be responsible for the fund management throughout the country and guide the fund management of local social insurance management institutions at all levels. Local social insurance management institutions at all levels are responsible for the management of funds in their respective regions. The State Council approved the implementation of the overall system of social insurance management institutions responsible for the fund management of the department and the state-owned enterprises directly under the head office.
Fourth social insurance management institutions at all levels must manage the endowment insurance fund for enterprise employees in accordance with these Provisions. Article 5 Sources of funds
(a) the basic old-age insurance premiums paid by units and employees;
(two) the supplementary pension insurance premium paid by the unit for the employees;
(3) Personal savings endowment insurance premiums paid by employees voluntarily;
(four) according to the provisions of late fees;
(5) Interest on fund deposits;
(six) the value-added income of the fund;
(7) Financial subsidies;
(eight) the income transferred from the labor contract system employee fund;
(9) Other income.
Article 6 The basic old-age insurance fund shall be gradually raised by all employees of the enterprise according to the actual needs of paying old-age insurance premiums and the affordability of enterprises and employees, and in accordance with the principle of fixed income, slight balance and partial accumulation. The fund should accumulate a part, the accumulation ratio is 3% of the total wages, and then it will be gradually adjusted with the economic development.
Article 7 The basic old-age insurance premium paid by an enterprise shall be drawn from the management expenses of the enterprise according to the total wages of the employees of the enterprise (according to the total wages stipulated by the National Bureau of Statistics) and the proportion stipulated by the local government, and shall be withheld and remitted by the bank where the enterprise opens an account on a monthly basis.
Individual employees pay the basic old-age insurance premium at 2% of their salary (the same caliber as the total salary), which is collected by the enterprise when paying wages, and recorded in the employee's old-age insurance manual as part of the basic old-age insurance fund.
Enterprises and employees must pay the basic old-age insurance premiums at the same time in order to calculate the payment period of employees.
When the basic old-age insurance fund is insufficient, the state gives appropriate subsidies.
Article 8 Supplementary endowment insurance for enterprises shall be established by enterprises according to their own capabilities for employees. Personal savings endowment insurance is voluntarily participated by individual employees.
Enterprise supplementary endowment insurance fund and individual savings endowment insurance fund are credited to employees' personal accounts by social insurance management institutions according to the social security number (GB 1 1643-89) issued by the State Bureau of Technical Supervision.
Article 9 When an enterprise with financial difficulties is unable to pay the basic old-age insurance premium, it may apply for deferring the payment of the basic old-age insurance premium within the prescribed payment period and implement it after approval. The specific measures for holdover shall be implemented in accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 10 When an enterprise participating in the basic old-age insurance cannot continue to fulfill its obligation to pay the basic old-age insurance premium due to bankruptcy, closure and other reasons, it shall give priority to paying off the unpaid basic old-age insurance premium to the social insurance management institution, and allocate the retirement fee of enterprise retirees in one lump sum in accordance with the relevant provisions of the state. The specific amount of one-time payment of retirement fees shall be implemented in accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Eleventh social insurance management institutions shall, in accordance with the provisions of the local people's government to co-ordinate the project, pay the old-age insurance premium in full and on time for retirees who participate in the basic old-age insurance. Other old-age insurance expenses not included in the overall planning project are still paid by the original unit according to the current standard, and shall not be charged to the fund.
Twelfth supplementary pension insurance fund and employee personal savings pension insurance fund are owned by individual employees and paid by social insurance management institutions at the time of retirement. Employees who die before retirement can be paid to their legal heirs in one lump sum according to the relevant provisions of the Inheritance Law of People's Republic of China (PRC). Thirteenth enterprises and individual employees to pay the basic old-age insurance premiums and financial subsidies given by the state into the social insurance management institutions in the bank to open a special account for the old-age insurance fund; The enterprise supplementary endowment insurance premium and personal savings endowment insurance premium will be included in the special account of supplementary endowment insurance fund opened by the social insurance management institution in the bank, which will be stored in the special account and used for special purposes. The funds deposited in the bank bear interest according to the savings rate of urban and rural residents in the same period stipulated by the People's Bank of China, and the interest earned is included in the basic old-age insurance fund, supplementary old-age insurance fund and individual savings old-age insurance fund respectively.
Fourteenth social insurance management institutions must timely transfer or redeem the due fund bank deposits and bonds purchased by the fund.
Fifteenth social insurance management institutions may, according to the monthly average full settlement income of local funds, leave enough 1- 15 months of basic old-age insurance working capital from the funds.
Article 16 If the newly recruited employees under the labor contract system move across regions, the social insurance management institutions in the transfer place and the transfer place shall handle the transfer procedures of the basic old-age insurance fund. The basic old-age insurance fund shall be transferred according to the payment standard stipulated by the people's government of the place where it is transferred out (no management fee shall be deducted, and no interest shall be calculated). The payment period of newly hired employees with labor contract system before and after job transfer is calculated together.
Article 17 Social insurance management institutions at all levels shall establish and improve various fund management systems such as finance, accounting, statistics and internal audit, prepare the budget and final accounts of the annual income and expenditure of the fund and management service fees, and report them to the local people's government for inclusion in the budget. The budgets, calculations, accounting statements and statistical statements of funds and management service fees compiled by all provinces, autonomous regions and municipalities directly under the Central Government shall be submitted to the Ministry of Labor within the prescribed time.
Eighteenth social insurance management institutions at all levels may, according to the actual work needs and economic principles, extract management service fees from the basic old-age insurance fund. The specific extraction ratio is proposed by the local labor department, audited by the finance department at the same level, and reported to the Pension Fund Committee for approval. Management service fees are mainly used for personnel expenses, official expenses, business expenses, equipment and vehicle purchase expenses, housing infrastructure repair expenses, retirees management activities expenses and other necessary expenses. The use of management service fees, in order to comply with national financial policies and relevant regulations, must be collected first and then paid. Once the annual revenue and expenditure budget of management service fee is approved, it should be strictly implemented. Due to special circumstances need to be adjusted, should be submitted for approval according to the prescribed procedures.
Nineteenth social insurance management institutions at all levels have the right to audit the relevant accounts, statements, total wages, retirement fees and the roster of employees and retirees, the approved withholding fund base and the retirement fees payable. Article 20 Social insurance management institutions at all levels can use part of the accumulated balance of the old-age insurance fund for maintaining and increasing the value in accordance with the principle of safety and effectiveness while ensuring the normal expenditure of various retirement expenses for six months and keeping sufficient necessary working capital. The net income from fund appreciation is tax-free. All the value-added part of the fund should be transferred to the fund, and it is not allowed to be used for other purposes.
Article 21 Ways of maintaining and increasing the value of funds:
(a) the purchase of government bonds and bonds issued by the State Bank;
(2) Entrusting loans from state banks and state trust and investment companies.
Twenty-second social insurance management institutions at all levels shall not handle loan business, do business, run enterprises and buy various stocks, nor shall they provide economic guarantees for various economic activities.
Chapter VI Supervision and Inspection of Funds
Twenty-third labor administrative departments at all levels should strengthen the supervision and inspection of the use of management service fees for pension fund management and social insurance management institutions, and conduct regular internal audits.
Twenty-fourth the establishment of social insurance fund board of supervisors, composed of labor administrative departments, enterprises, employees and retirees representatives, responsible for the supervision and inspection of the management of old-age insurance funds and the use of management service fees. When reporting the fund management to the pension fund committee, the social insurance management institution must listen to the opinions of the board of supervisors in advance.
Twenty-fifth social insurance management institutions should take the initiative to accept the supervision and inspection of the financial, auditing and supervision organs and trade unions on the endowment insurance fund and management service fees, and provide relevant accounts and original documents.
Chapter VII Punishment
Article 26 If a unit fails to pay the basic old-age insurance premium within the time limit, it will be charged a daily overdue fine of 2‰ of the payable amount, which will be incorporated into the basic old-age insurance fund. The overdue fine paid by the unit shall be charged in the unit's own funds.
Twenty-seventh units and employees resort to deceit, pay less, do not pay or refuse to pay the basic old-age insurance, social insurance management institutions should be ordered in writing to pay within a time limit. For units that fail to pay within the time limit, the social insurance management institution may apply to the people's court for compulsory execution.
Twenty-eighth any unit or individual who misappropriates the endowment insurance fund shall be given administrative sanctions to the person in charge and the person directly responsible according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-ninth units and individuals to collect old-age insurance premiums by illegal means, the social insurance management agencies to recover all their illegal income; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirtieth social insurance management institutions in violation of the provisions of Article 11 of Chapter III, failing to pay the old-age insurance premiums in full and on time, the labor administrative department shall order them to make corrections within a time limit; If the circumstances are serious, the person in charge and the person directly responsible shall be given administrative sanctions.
Chapter VIII Supplementary Provisions
Article 31 The labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government may formulate specific implementation measures in accordance with these Provisions.
Article 32 The Ministry of Labor shall be responsible for the interpretation of these Provisions.
Article 33 These Provisions shall come into force as of the date of promulgation.