On August 3, 27, the executive meeting of Jiangsu Provincial Government deliberated and passed
Chapter I General Provisions
Article 1 In order to ensure the basic livelihood of employees of enterprises, individual industrial and commercial households and their employees and flexible employees after retirement, improve the old-age insurance system for enterprise employees, promote the sustainable development of the old-age insurance system and promote social and economic harmony, according to the Labor Law of the People's Republic of China and the Social Insurance Fee Collection of Jiangsu Province,
Article 2 These Provisions shall apply to the following units and personnel within the administrative area of this province (hereinafter referred to as employers and insured persons):
(1) All kinds of enterprises, private non-enterprise units and all personnel who have formed labor relations with them;
(2) individual industrial and commercial households and their employees;
(3) flexible employees;
(4) other persons who should participate in the basic old-age insurance according to laws and regulations.
those who participate in the basic old-age insurance for employees of enterprises in this province (hereinafter referred to as the basic old-age insurance) will enjoy the basic old-age insurance benefits in accordance with these regulations after retirement.
Article 3 The basic old-age insurance shall be organized and managed by the government, and shall follow the following principles:
(1) Overall consideration shall be given to the current and long-term relationship, and the coverage shall be broad, the level shall be appropriate, the structure shall be reasonable, and the fund shall be balanced;
(2) the combination of social mutual aid and self-protection, fairness and efficiency, incentives and constraints, and social pooling and personal accounts;
(3) Administrative management and social insurance fund management are separated, and executive agencies and supervision agencies are set up separately;
(4) gradually implement individual accounts for basic old-age insurance (hereinafter referred to as individual accounts). After implementation, individual account funds and social pooling funds shall be managed and used separately, and shall not be used interchangeably;
(5) gradually implement the provincial overall planning of "provincial budget and graded responsibility, provincial adjustment and graded management", and gradually unify the benchmark and payment ratio of the upper and lower limits of the basic old-age insurance premium (hereinafter referred to as payment) on the basis of unified system, unified payment items, unified calculation and payment methods and unified management procedures for employers and insured personnel.
article 4 both the employer and the insured shall participate in the basic old-age insurance in accordance with the regulations and pay in full and on time. Local people's governments at all levels and their relevant departments shall not reduce or exempt the basic old-age insurance premium or lower the payment standard without authorization.
the insured person has the right to inquire about the basic old-age insurance from the employer and the social insurance agency, and the employer and the social insurance agency shall provide corresponding services in time.
article 5 the administrative department of labor and social security of the local people's government at or above the county level (hereinafter referred to as the administrative department of labor and social security) is in charge of the old-age insurance for enterprise employees within its administrative area. The social insurance agency it set up specifically undertakes endowment insurance affairs.
local tax authorities at or above the county level (hereinafter referred to as local tax authorities) are responsible for the collection of basic old-age insurance premiums within their respective administrative areas.
the financial department of the local people's government at or above the county level (hereinafter referred to as the financial department) is responsible for the management of the basic old-age insurance fund within its administrative area, and supervises and inspects the income and expenditure of the basic old-age insurance fund and the management of the financial special account fund.
the audit institutions of local people's governments at or above the county level shall strengthen the audit supervision of the financial revenue and expenditure of the basic old-age insurance fund according to law.
article 6 local people's governments at all levels should strengthen their leadership over the work of basic old-age insurance and assume the responsibility of ensuring that basic old-age pensions are paid in full and on time.
when the social pooling fund of basic old-age insurance encounters difficulties, it shall be solved by the people's government at the same level through financial and other channels.
article 7 local people's governments at or above the county level shall set up social security supervision committees composed of representatives of government departments, employers, trade unions and workers (including retirees) and relevant experts to supervise the implementation of social insurance laws, regulations, rules and relevant policies and fund management.
chapter ii collection and payment of basic old-age insurance premiums
article 8 an employer shall, in accordance with the regulations on the collection and payment of social insurance premiums in Jiangsu province, go through the formalities of social insurance registration, declaration and change of registration at the local social insurance agency, and establish a payment relationship with the local tax authorities with social insurance registration certificates and other documents and materials.
when establishing, dissolving or terminating the labor relationship between the employer and the insured, it shall go through the relevant formalities of basic old-age insurance at the local social insurance agency within the prescribed time limit, and the social insurance agency shall complete the formalities within the prescribed time limit.
when the employer cancels the basic old-age insurance, it should go to the local tax authorities to settle the basic old-age insurance premium that should be paid, and then go through the cancellation procedures according to law.
article 9 the social insurance agency shall provide the local tax authorities with the basic data of payment by the employer and the insured within the specified time, and the local tax authorities shall collect the basic old-age insurance premium from the employer and the insured according to the data provided by the social insurance agency, issue a collection voucher, and provide the social insurance agency with the actual payment information of the employer and the insured within the specified time. If the local tax authorities find that the employer's declaration is false in the process of collection and payment, they shall provide the employer's actual total wages and employee's wage income to the social insurance agency in time, and the social insurance agency shall re-verify. The employing unit shall pay the basic old-age insurance premium of the current month in advance according to the amount calculated by the local tax authorities.
the basic old-age insurance fund is included in the financial budget management. The basic old-age insurance premium collected shall be paid into the state treasury on time and in full, and shall be included in the financial special account management in accordance with state regulations.
article 1 the employing unit shall pay the fees based on the total wages of all its employees at the rate determined by the provincial people's government. If the total wages paid by the actual insured of the employing unit are higher than the total wages of all employees of the unit, the total wages paid by the actual insured of the unit shall be used as the base.
the insured pays 8% of his salary, which is withheld and remitted by the employer.
individual industrial and commercial households, their employees and flexible employees shall pay 2% of the average monthly salary of employees in the whole province in the previous year. Among them, employees of individual industrial and commercial households pay 8 percentage points, and individual industrial and commercial households pay 12 percentage points for them.
the payment made by the employer (including the payment made by individual industrial and commercial households for employees) shall be paid before tax; The individual contributions of the insured are deducted from the personal income tax payable in accordance with the regulations.
article 11 the wage income of the insured (excluding individual industrial and commercial households and their employees and flexible employees) is the payment wage. The benchmark number of the upper and lower limits of the annual basic old-age insurance premium collection is determined according to the average wage of employees in the province announced by the provincial statistics department. The wage income of the insured exceeds the benchmark number by more than 3%, which is not included in the payment of wages; If the wage income of the insured is lower than 6% of the benchmark, the payment wage shall be determined according to 6% of the benchmark; If the wage income of the insured is within the upper and lower limits of the basic old-age insurance premium collection, the payment wage shall be determined according to the actual wage income.
article 12 encourages employers to establish enterprise annuities for their insured persons on the premise of participating in the basic old-age insurance and paying in full. Actively develop individual and group endowment insurance business, and support qualified enterprises to establish multi-level endowment insurance plans through commercial insurance.
chapter iii personal account of basic old-age insurance
article 13 the social insurance agency shall, according to the social security number of the insured, establish a lifelong and unique personal account for them, issue relevant certificates and cards, and establish basic old-age insurance files.
Article 14 Personal accounts of the insured include:
(1) Before the implementation of these Provisions, the personal accounts of the insured have been stored;
(2) after the implementation of these regulations, the individual contributions of the insured (8 percentage points for individual industrial and commercial households and flexible employees);
(3) other deposits allocated to individual accounts as stipulated by the state;
(4) Interest calculation of the amount stored in personal accounts over the years.
individual accounts are gradually realized, and individual account funds are fully accumulated. The plan for gradually realizing individual accounts shall be formulated separately by the provincial people's government.
the preservation and appreciation of individual account funds shall be implemented in accordance with the fund management and investment operation measures formulated by the state and the province.
article 15 before the individual account is established, the amount stored in the individual account shall bear interest at an interest rate not lower than the one-year bank time deposit rate for urban and rural residents announced by the people's bank of China. After the individual account is completed, the amount stored in the individual account will bear interest according to the relevant provisions of the state and the province.
the interest rate of personal account deposit shall be issued by the relevant departments of the province after it is approved by the provincial people's government.
the social insurance agency shall settle the interest on the amount stored in the personal account of the insured person once every July 1st, and show the personal account storage list to the insured person in time.
Article 16 When the insured person moves, the transfer formalities shall be handled in accordance with the relevant provisions of the state and the province.
in line with the requirements of this province, the social insurance agency in the place of transfer shall complete the transfer procedures within 1 working days.
article 17 if the insured person stops working or loses his job for various reasons, the actual payment period before and after the interruption of payment shall be calculated cumulatively, and the amount stored in the personal account shall bear interest continuously.
Chapter IV Basic Old-age Insurance Benefits
Article 18 An insured person shall meet the following conditions when enjoying the basic old-age insurance benefits:
(1) Reaching the retirement age stipulated by the state and the province;
(2) Both the employer and the insured pay in full according to the regulations;
(3) The payment period is more than 15 years, or he joined the work and participated in the basic old-age insurance before June 3, 1998, and reached retirement age before June 3, 28, and the payment period is more than 1 years.
when the insured retires, the employing unit, the labor security agency or the insured himself shall go through the retirement formalities with the administrative department of labor security on the basis of the certificate and relevant materials for participating in the basic old-age insurance audited by the social insurance agency.
Article 19 The insured who meets the conditions stipulated in Article 18 of these Provisions shall be paid the basic pension monthly by the social insurance agency on behalf of banks and other institutions from the month following the retirement time approved by the administrative department of labor and social security. The basic pension consists of basic pension and personal account pension:
(1) The basic pension is based on the average monthly salary of employees in the province in the previous year when I retired and the average monthly salary of my indexed payment, and is paid to 1% every full year (the number of payment months less than one year is converted into years);
(2) The personal account pension is determined by dividing the accumulated amount of my personal account by the number of months of calculation. The standards for calculating the number of months shall be implemented in accordance with state regulations.
Article 2 The indexed monthly average payment salary of the insured refers to the average monthly salary of the employees in the whole province in the previous year multiplied by my average payment salary index when the insured retires.
the average payment wage index of the insured person refers to the average of the payment wage index of the insured person over the years from January 1, 1992 to the last year of retirement.
the wage index of the insured in a certain year refers to the ratio of the amount of the paid wages of the insured in that year to the average wage of the employees in the whole province in that year.
article 21 the insured who participated in the basic old-age insurance before December 31, 1995 and retired after the implementation of these provisions shall be given a transitional pension on the basis of the basic pension and personal account pension. According to the payment salary and payment period of the insured before the end of 1995, the transitional pension is calculated and divided by 12 to be paid monthly.
Article 22 If the pension calculated and paid in accordance with Articles 19 and 21 of these Provisions is higher than that calculated and paid in accordance with the original provisions, the higher part will be paid according to the proportion corresponding to the retirement year; If it is lower than the amount calculated and paid according to the original provisions, it shall be supplemented. The specific measures shall be formulated by the provincial labor security administrative department in conjunction with the provincial finance department.
Article 23 If the insured reaches retirement age but does not meet the conditions specified in Item (2) and Item (3) of Paragraph 1 of Article 18 of these Provisions, the amount stored in his personal account will be paid to him in one lump sum, and he will be paid an indexed monthly average payment salary of two months every year according to the payment period before January 1, 1996, and the basic old-age insurance relationship will be terminated at the same time.
if the insured fails to reach retirement age and suffers from illness or non-work-related injuries, and is confirmed by the labor ability appraisal committee at or above the city level with districts, and meets the conditions specified in Item (2) and Item (3) of Paragraph 1 of Article 18 of these Provisions, he shall go through the resignation procedures, enjoy the corresponding basic old-age insurance benefits, and be paid monthly living expenses.
article 24 on the premise of ensuring that the basic pension is paid in full and on time, according to the unified arrangements of the state and the province, combined with the changes in wages and prices of employees, and according to a certain proportion of the annual growth rate of the average wages of employees in enterprises, the basic pension will be adjusted normally on July 1 every year.
the basic pension will not be adjusted when the salary is negative.
The specific adjustment plan of the basic pension shall be formulated by the provincial labor and social security administrative department in conjunction with the provincial finance department, and shall be implemented after being approved by the provincial people's government.
article 25 if the insured and retirees die due to illness or non-work-related reasons, their original employers, community labor and social security institutions or their immediate family members, with death certificates and other supporting materials, apply to the social insurance agency for funeral expenses, one-time pension for immediate family members and relief funds for supporting immediate family members.
Article 26 If an insured person or retiree dies, the amount or balance of the individual contribution in his personal account, if there is a designated beneficiary, shall be distributed to his designated beneficiary; If there is no designated beneficiary, it shall be issued to its legal heir.
chapter v use, supervision and management of basic old-age insurance funds
article 27 basic old-age insurance funds are divided into social pooling funds and individual account funds. The basic endowment insurance fund includes the following sources:
(1) the basic endowment insurance premium paid by the employer and the insured;
(2) the interest of the basic old-age insurance fund;
(3) the value-added income of the basic old-age insurance fund;
(4) late fees charged according to regulations;
(5) the adjustment of the superior subsidy;
(6) other income and financial subsidies as stipulated by the state.
Article 28 The scope of payment of the social pooling fund for basic old-age insurance:
(1) The basic old-age pension stipulated in Item (1) of Article 19, the transitional old-age pension stipulated in Article 21, the part that is higher than the original amount stipulated in Article 22 and the basic old-age pension that is normally adjusted according to Paragraph 1 of Article 24;
(2) among the personal account pension as stipulated in Item (2) of Article 19, the personal account storage as stipulated in Paragraph 1 of Article 23, the living expenses as stipulated in Paragraph 2 of Article 23, the one-time pension for immediate family members as stipulated in Article 25 and the relief funds for supporting immediate family members as well as the part of the storage or balance paid by individuals as stipulated in Article 26, it shall be shared in proportion to the total storage of the personal account.