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Measures for the administration of state-owned financial enterprise annuities
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With the development of China's social economy and the continuous improvement of medical level, people's average life expectancy is also increasing year by year. Provisions on enterprise annuity: Chapter I General Provisions Article 1 In order to establish a multi-level old-age insurance system, promote the development of enterprise annuity, and better guarantee the life of employees after retirement, according to the Labor Law of People's Republic of China (PRC), the Labor Contract Law of People's Republic of China (PRC), the Social Insurance Law of People's Republic of China (PRC), the Trust Law of People's Republic of China (PRC) and the State Council, Article 2 The enterprise annuity mentioned in these Measures refers to the supplementary old-age insurance system independently established by enterprises and their employees on the basis of participating in the basic old-age insurance according to law. The state encourages enterprises to establish enterprise annuities. The establishment of enterprise annuity shall be implemented with reference to these measures. Article 3 The expenses required for enterprise annuity shall be paid jointly by the enterprise and individual employees. The enterprise annuity fund shall be fully accumulated, and a personal account shall be established for each employee who participates in the enterprise annuity, and investment and operation shall be carried out in accordance with relevant state regulations. Income from investment and operation of enterprise annuity fund is merged into enterprise annuity fund. Article 4 The taxation and financial management of enterprise annuities shall be implemented in accordance with the relevant provisions of the state. Article 5 When establishing an enterprise annuity, an enterprise and its employees shall determine the trustee of the enterprise annuity, and the enterprise shall sign an entrustment management contract with the trustee on behalf of the principal. The trustee can be a legal person trustee institution that conforms to the provisions of the state, or an enterprise annuity Council established by the enterprise in accordance with the relevant provisions of the state. Chapter II Establishment, Change and Termination of Enterprise Annuity Scheme Article 6 When establishing enterprise annuities, enterprises and employees shall participate in basic old-age insurance and fulfill their payment obligations according to law, and enterprises have corresponding financial affordability. Article 7 The establishment of an enterprise annuity shall be determined through collective consultation between the enterprise and the employees, and an enterprise annuity plan shall be formulated. The enterprise annuity plan shall be submitted to the workers' congress or all the workers for discussion and adoption. Article 8 An enterprise annuity plan shall include the following contents: (1) Participants; (two) the proportion and mode of fund raising and distribution; (3) account management; (4) Ownership of rights and interests; (5) fund management; (six) payment methods and payment methods; (seven) the change and termination of the plan; (eight) organization, management and supervision methods; (9) Other matters agreed by both parties. The enterprise annuity plan is applicable to employees who have completed the probation period. Article 9 An enterprise shall submit an enterprise annuity plan to the administrative department of human resources and social security of the local people's government at or above the county level. The enterprise annuity plans of enterprises affiliated to the central government shall be submitted to Ministry of Human Resources and Social Security. The enterprise annuity plan of an inter-provincial enterprise shall be submitted to the administrative department of human resources and social security of the provincial people's government where its headquarters is located. The enterprise annuity plan of cross-regional enterprises in the province shall be submitted to the administrative department of human resources and social security of the people's government at or above the municipal level where its headquarters is located. Article 10 If the administrative department of human resources and social security does not raise any objection within 15 days after receiving the text of the enterprise annuity plan, the enterprise annuity plan will take effect. Article 11 An enterprise and its employees may change the enterprise annuity plan through consultation according to the enterprise situation and national policies. The changed enterprise annuity plan shall be discussed and adopted by the workers' congress or all the workers, and submitted to the administrative department of human resources and social security again. Article 12 The enterprise annuity plan shall be terminated under any of the following circumstances: (1) The enterprise annuity plan cannot be fulfilled due to legal dissolution, cancellation, bankruptcy and other reasons; (2) The enterprise annuity plan cannot be fulfilled due to force majeure and other reasons; (3) Other termination conditions stipulated in the enterprise annuity plan appear. Article 13 An enterprise shall report to the administrative department of human resources and social security within 10 days after the change or termination of the enterprise annuity plan, and notify the trustee. The enterprise shall, after the termination of the enterprise annuity plan, liquidate the enterprise annuity fund in accordance with the relevant provisions of the state and handle it in accordance with the relevant provisions of Chapter IV of these Measures. Chapter III Raising of Enterprise Annuity Fund Article 14 The enterprise annuity fund consists of the following items: (1) Payment by enterprises; (2) Individual contributions of employees; (3) Income from investment and operation of enterprise annuity funds. Fifteenth enterprise payment shall not exceed 8% of the total wages of employees of the enterprise every year. The total contributions of enterprises and employees shall not exceed 12% of the total wages of employees of the enterprise. The specific expenses shall be determined through consultation between the enterprise and the employees. Individual contributions of employees shall be withheld and remitted by enterprises from individual wages of employees. Article 16 After the implementation of enterprise annuity, the enterprise suffers from operating losses, reorganization and merger, etc. , and can not continue to pay in the current period, can stop paying after consultation with employees. After the situation that payment cannot be continued disappears, enterprises and employees can resume payment, and when payment is suspended, they can pay back according to the actual situation of the enterprise and the enterprise annuity plan. The period and amount of overdue payment shall not exceed the period and amount of actual suspension of payment. Chapter IV Account Management Article 17 The enterprise contributions shall be included in the employee's personal account of enterprise annuity according to the proportion and method determined by the enterprise annuity plan, and the employee's personal contributions shall be included in his personal account of enterprise annuity. Article 18 An enterprise shall reasonably determine the difference between the maximum current payment and the average payment of the unit included in the personal account of employee enterprise annuity. The maximum amount and average amount of the current payment of the enterprise included in the employee enterprise annuity personal account shall not exceed 5 times. Article 19 Individual contributions and investment income in individual accounts of employee enterprise annuities belong to individual employees from the beginning. The enterprise contributions and investment income in the personal account of enterprise annuity of employees can be agreed with employees to be owned by employees from the beginning, or they can be agreed to be owned by employees gradually with the increase of their working years in the enterprise, and the maximum period of full ownership is not more than 8 years. Article 20 Under any of the following circumstances, all the enterprise contributions and investment income in the personal account of the employee's enterprise annuity shall be owned by the employee himself: (1) The employee has reached the statutory retirement age, completely lost the ability to work or died; (2) One of the termination situations of the enterprise annuity plan stipulated in Article 12 of these Measures occurs; (3) The termination of the labor contract by the enterprise is not the fault of the employee, or the employee terminates the labor contract because of the enterprise's violation of the law; (four) the expiration of the labor contract, the labor contract has not been renewed due to enterprise reasons; (5) Other circumstances stipulated in the enterprise annuity plan. Article 21 The enterprise annuity shall not be included in the employee's personal account for the time being, and the enterprise annuity shall be included in the employee's personal account. The enterprise contributions and investment income in the enterprise account of enterprise annuity shall be included in the individual account of employee enterprise annuity according to the proportion and method determined by the enterprise annuity plan. Article 22 If an employee changes his/her work unit and a new employment unit has established an enterprise annuity or occupational annuity, the rights and interests of the personal account of the original enterprise annuity shall be transferred to the enterprise annuity or occupational annuity of the new employment unit. If the employee's new employment unit has not established enterprise annuity or occupational annuity, or the employee is studying, joining the army or being unemployed, the original enterprise annuity personal account can be temporarily managed by the original management institution, or it can be temporarily managed by the reserved account established by the collective plan initiated by the legal person trustee institution; The original trustee belongs to the enterprise annuity Council, and the enterprise and the employees choose the legal person trustee for management through consultation. Twenty-third after the termination of the enterprise annuity plan, the employee's original enterprise annuity personal account is temporarily managed by the reserved account established by the collective plan initiated by the legal person trustee; The original trustee belongs to the enterprise annuity Council, and the enterprise and the employees choose the legal person trustee for management through consultation. Chapter V Treatment of Enterprise Annuities Article 24 Employees who meet one of the following conditions may receive enterprise annuities: (1) When reaching the retirement age stipulated by the state or completely losing their ability to work, they may receive enterprise annuities from their personal accounts of enterprise annuities on a monthly basis, in installments or at one time, or they may purchase commercial endowment insurance products with all or part of the funds in their personal accounts of enterprise annuities, receive treatment according to the insurance contract and enjoy the corresponding inheritance rights; (two) the enterprise annuity personal account funds of the people who settle abroad can be paid to me in one lump sum according to my requirements; (three) after the death of employees or retirees, the balance of enterprise annuity personal accounts can be inherited. Twenty-fifth does not meet one of the above conditions for receiving enterprise annuity, shall not withdraw funds from the enterprise annuity personal account in advance. Chapter VI Management and Supervision Article 26 Where an enterprise establishes an enterprise annuity council as a trustee, the enterprise annuity council shall be composed of representatives of the enterprise and employees, and professionals outside the enterprise may also be invited to participate, of which at least one third are employees. The enterprise annuity Council shall not engage in any other form of business activities except managing the enterprise annuity affairs of the enterprise. Article 27 The trustee shall entrust account managers, investment managers and custodians who are qualified for enterprise annuity management to be responsible for account management, investment operation and custody of enterprise annuity funds. Article 28 The enterprise annuity fund shall be managed separately from the self-owned assets or other assets of clients, trustees, account managers, investment managers, custodians and other natural persons, legal persons or other organizations that provide services for the management of enterprise annuity funds, and shall not be used for other purposes. The management of enterprise annuity funds shall comply with the relevant provisions of the state. Twenty-ninth people's governments at or above the county level shall be responsible for the supervision and inspection of the implementation of these measures. In violation of these measures, the administrative department of human resources and social security shall give a warning and order it to make corrections. Thirtieth disputes arising from the conclusion or performance of the enterprise annuity plan shall be implemented in accordance with the relevant state provisions on collective contracts. In case of disputes arising from the performance of the enterprise annuity fund management contract, the parties may apply for arbitration or bring a lawsuit according to law. Chapter VII Supplementary Provisions Article 31 Where other employing units participating in the basic old-age insurance for enterprise employees and their employees establish supplementary old-age insurance, it shall be implemented with reference to these measures. Article 32 These Measures shall come into force on February 1 day, 2065. The Trial Measures for Enterprise Annuity issued by the former Ministry of Labor and Social Security on June 6, 2004 shall be abolished at the same time. If the enterprise annuity plan that has come into effect on the date of implementation of these Measures is inconsistent with the provisions of these Measures, it shall be changed within 1 year from the date of implementation of these Measures.