Archived（May 28, 2018）
The Decisions on Amending Several Provisions on Implementation of Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Employees of Enterprises (“these Decisions”) are adopted at the 41st meeting of the Standing Committee of the fourth Shenzhen Municipal People’s Congress, and are hereby promulgated and shall enter into force as of the date of promulgation. The Provisions on Implementation of Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Employees of Enterprises revised in accordance with these Decisions are promulgated again.
Mayor Xu Zongheng
December 8, 2006
Decisions on Amending Several Provisions on Implementation of Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Employees of Enterprises
In order to implement the Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Employees of Enterprises, and improve Several Provisions on Implementation of Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Employees of Enterprises (hereinafter referred to as "these Provisions”), it is now decided to make the following revisions to these Provisions:
1. The title, Several Provisions on Implementation of Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Employees of Enterprises, shall be revised as Provisions on Implementation of Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Employees of Enterprises.
2. The provisions of Article 1 shall be revised as: In order to further improve the system on social endowment insurance for employees of enterprises, these Provisions are formulated pursuant to the Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance for Employees of Enterprises (hereinafter referred to as “the Regulations”).
3. The term of “work starting date” mentioned in Article 2 shall be revised as the “date of starting work”.
4. The provisions of Paragraph 1 of Article 3 shall be revised as: The employees who do not register their residences in this municipality and have participated in the local endowment insurance as certified by the local social insurance administrations where they register their residences may not participate in the endowment insurance of this municipality; while for those who have participated in the endowment insurance of this municipality, the principle of paid premium shall be returned to themselves and their enterprises according to the original proportion of payment.
The provisions of Paragraph 2 shall be revised as: The people, who have retired or handled internal early retirement procedures elsewhere, or transfer their residences in this municipality after reaching the retirement age stipulated by the state, shall not be included in the endowment insurance range of this municipality. For the people who have paid endowment insurance premiums in this municipality, the principle of paid premium shall be returned to themselves and enterprises according to the original paying proportion premium payments. For the people who have handled retirement procedures in this municipality, their qualification of enjoying the endowment insurance benefits shall be cancelled, moreover the endowment insurance benefits offered to them shall be recovered by the municipal social insurance administration.
5. The provisions of Article 4 shall be revised as: Employees may not participate in endowment insurance in two or more unified areas of endowment insurance at the same time. The employees who repeatedly participate in endowment insurance shall choose one place to enjoy the endowment insurance benefits. If an employee does not choose to enjoy endowment insurance benefits in this municipality, the principle of endowment insurance premium paid by him in this municipality during the period of dual insurance shall be returned to him and his enterprise According to the original paying proportion.
6. Article 5 shall be deleted.
7. The following provisions shall be added as Article 5: The minimum monthly salary of this municipality mentioned in Article 8 of the Regulations shall be the same as the minimum monthly salary of the place where an enterprise registers its domicile or business place.
8. The provisions of Paragraph 1 of Article 6 shall be revised as: Employees who are approval by the municipal (district) labour or personnel administration to transfer in this municipality at over age after 1 July 1996 shall pay overage endowment insurance premiums. The overage endowment insurance premium shall be calculated by multiplying the amount of the average salary of incumbent employees in the preceding year of the transferring by the proportion of supplementary payment and by the number of overage years. The proportion of supplementary payment shall be calculated by adding 30% to 1% of the number of overage years. The number of overage years of an employee who transfers in this municipality at overage from 1 July 1996 to 31 January 2001 shall be calculated by subtracting 35 (for workers) or 45 (for cadres) into the number of his actual age when transferring. The overage years of an employee who transfers in this municipality at over age after 1 February 2001 shall be calculated by subtracting the number of the age limit set on him by municipal government into the number of his actual age when transferring.
The provisions of Paragraph 2 shall be deleted.
The following provisions shall be added as Paragraph 2: If an enterprise does not pay the overage endowment insurance premium according to relevant regulations when its employee transfers in this municipality, he may complain, report or apply for arbitration in accordance with the provisions of Article 50 of the Regulations. If the employee does not complain, report or apply for arbitration within the time limit, or the enterprise fails to pay overage endowment insurance premium due to bankruptcy, he may fill in the premium by himself.
9. The provisions of Article 7 shall be revised as: For an employee who registers his residence in this municipality but does not transfer in this municipality by the municipal (district) labour or personnel administration, his paying term shall be calculated according to the actual time of his paying term of endowment insurance in this municipality. The working time before the employee transfers in this municipality and begins to pay the endowment insurance premium shall not be deemed as the paying term. The endowment insurance premiums which are transferred in this municipality shall be deposited into the employee’s individual account.
10. Article 8 shall be deleted.
11. The following provisions shall be added as Article 8: When calculating the basic endowment benefits in accordance with the provisions of Item 1 of Paragraph 1 of Article 29 of the Regulations, every paying month shall be counted as the conversion of 1/12 year if the paying term is shorter than 1 year.
12. Paragraph 1 of Article 9 shall be deleted.
The provisions of Paragraph 2 shall be revised as: The indexing monthly average salary for payment of an employee shall be calculated by multiplying the amount of the average monthly salary of incumbent employees in this municipality of the year before the retirement, after dividing the number of the months of the paying term into the sum of every monthly paying indexes during the period after the employee starts working and before he retires.
The provisions of Paragraph 3 shall be revised as: The monthly paying index of an employee shall be calculated by dividing the amount of the average monthly salary of incumbent employees in this municipality in the current year of paying into the amount of the employee’s monthly salary for payment. In particular situations, the following rules shall prevail:
(1) the monthly paying indexes of the paying term after an employee starts working and before July 31, 1992 shall all be calculated as 1;
(2) for the employees who transfer in this municipality upon the approval of municipal (district) labour or personnel administration from August 1, 1992 to January 31, 2001, and have filled in the mutual aid fund or individual accounts in accordance with the original regulations, the monthly paying indexes during the paying term from August 1, 1992 to the date of transferring shall all be calculated as 1; while for those who fail to fill in the mutual aid fund or individual accounts in accordance with the original regulations, the monthly paying indexes shall be calculated according to the provisions of Item (6) of this Article;
(3) for demobilized soldiers, veterans, and ex-service soldiers and permanent staff in armies who are settled in this municipality after August 1, 1992 the monthly paying indexes during their respective paying term from August 1, 1992 to the time of settlement shall all be calculated as 1;
(4) For the employees who transfer in this municipality at over age upon the approval of the municipal (district) labour or personnel administration after July 1, 1996 and have paid the overage endowment insurance premiums, the monthly payment indexes during their respective paying term within overage years after 1 August 1992 shall all be calculated as 1, except that the paying index shall be counted as the actual numerical value if it is higher than 1.
(5) For the employees who retire during January to June of the year, the monthly paying indexes in the same year of retirement and the preceding year shall be calculated by dividing the average monthly salary of the incumbent employees in this municipality in the two years before the retirement into the monthly salary for payment in the corresponding year; while for those who retire during July to December of the year, the monthly paying indexes in the same year of retirement shall be calculated by dividing the average monthly salary of the incumbent employees in this municipality in the preceding year of retirement into the monthly salary for payment in the same year of retirement.
(6) For the employees who transfer in this municipality upon the approval of municipal (district) labour or personnel administration, and do not transfer their endowment insurance relationship and premiums at the same time of transferring, or have transferred the relationship and premiums with a lack of the records of salary for payment, or whose paying indexes from August 1, 1992 to the time of transferring are lower than 0.4 after recalculation, the paying indexes shall all be calculated as 0.4.
The provisions of Paragraph 4 shall be deleted.
13. The provisions of Article 10 shall be revised as: The employees who transfer in this municipality upon the approval of municipal (district) labour or personnel administration shall transfer their endowment insurance relationship (including the records of salary for payment, same below) and endowment insurance premiums. Their paying indexes before the time of transferring shall be recalculated according to the provisions of Article 9 of these Provisions.
14. The following provisions shall be added as Article 11: The transitional endowment insurance benefits shall be calculated by multiplying the enjoying proportion by the employee’s indexing average monthly salary for payment.
The enjoying proportion shall be determined according to the following rules:
(1) if the paying term up to July 31, 1992 is no longer than 25 years, the enjoying proportion shall be 1.2 % of the numerical value of the paying term;
(2) I if the paying term up to July 31, 1992 is longer than 25 years, the enjoying proportion shall be the sum of 30% plus 1% of the result by subtracting 25 into the numerical value of paying term.
15. The provisions of Article 13 shall be deleted.
16. The provisions of Article 14 shall be revised as: The retired employees, who do not register their residences in this municipality and enjoy the basic endowment insurance benefits monthly, shall enjoy the treatment of medical insurance for hospitalization and local supplementary medical insurance benefits.
17. The provisions of Article 15 shall be revised as: If there is an employee having reached the retirement age stipulated by the State and gone through the retirement procedures when the enterprise pays endowment insurance premiums in this municipality for the first time, it shall fill in the endowment insurance premiums to the retirement age of the retired employee according to relevant regulations. If a retired employee is qualified to receive endowment benefits monthly when reaching the retirement age, the municipal social insurance administration shall offer him endowment insurance benefits from the month next to the acceptance date. The endowment insurance benefits include the monthly endowment insurance benefits which shall be calculated and offered when an employee reaches the stipulated retirement age and the basic endowment insurance benefits of the adjustment part after he reaches the retirement age. No benefits may be offered for the time before the acceptance date.
18. The following provisions shall be added as Article 16: If the paying term of an employee is not long enough when he reaches the retirement age, he may apply for continuing paying the endowment insurance premium instead of applying for receiving the benefits. If an employee is allowed to continue paying the endowment insurance premium, he by himself shall pay the premium which is supposed to be paid by his unit; meanwhile, the paying procedures shall be handled according to the regulations on flexible employees. When the paying term of an employee is long enough for him to be qualified of receiving endowment insurance benefits monthly, the municipal insurance administration shall stop charging him the endowment insurance premium; meanwhile, the employee shall apply for receiving the endowment insurance benefits monthly. No one may enjoy any endowment insurance benefits in the period of continuing paying.
19. The provisions of Paragraph 1 of Article 16 shall be revised as: If an employee reaches retirement age and is qualified of receiving endowment insurance benefits monthly, he shall handle retirement formalities in time, and stop paying endowment insurance premiums. If an employee fails to handle retirement formalities in time, the municipal social insurance administration shall stop charging him any endowment insurance premiums except he is approved by the municipal (district) personnel administration to retire later, and shall return the principle of paid premiums to him and his enterprise according to the paying proportion if he continues paying after reaching the retirement age.
The provisions of Paragraph 2 shall be revised as: For the retired employees who are entitled to receiving endowment insurance benefits monthly, the municipal social insurance administration shall check and ratify the endowment insurance benefits in accordance with the regulations of the same month of acceptance within 30 working days upon acceptance, and shall calculated and offer the benefits from the month next to acceptance. The benefits for the time before the acceptance shall mot be offered for supplementary.
The provisions of Paragraph 3 shall be revised as: If an employee is approved by municipal (district) personnel administration to postpone retiring date and pays endowment insurance premium when hanging on his post after reaching the retirement age, the paying term shall not be calculated or be counted in the calculation of paying indexes. The part of premium which is paid by the individual shall be included into the individual account, while that paid by the unit shall be included into the mutual aid fund.
20. The following provisions shall be added as Article 18: The retired employees who register their residences in this municipality and meet the following conditions shall enjoy the subsidy on length of service:
(1) being the permanent staff or contracted workers who start working before July 31, 1992;
(2) enjoying endowment insurance benefits monthly after retirement.
The specific amount of the subsidy on length of service of an employee shall be 0.5% of the amount of the (basic endowment benefits calculated and paid to him in the first month of retirement + interim subsidy) × payment years up to July 31, 1992.
The subsidy on length of service enjoyed by the employees retired after July 1, 2006 shall be paid from the local supplementary endowment insurance fund.
21. The following provisions shall be added as Article 19: The living subsidy enjoyed by the employees pursuant to relevant regulations of the municipal government, who register their residences in this municipality and retire before July 31, 1994, shall be paid from the local supplementary endowment insurance fund.
22. The following provisions shall be added as Article 20: If an employee retires in the 5 years of transitional period in accordance with the provisions of Paragraph 3 of Article 33 of the Regulations, he shall be offered an additional benefits, which shall be a certain proportion of the differences between the benefits calculated by the new methods and those calculated by the old methods. The proportion shall be determined according to the following rules:
For the employees retiring during July 1, 2006 to June 30, 2007, the proportion shall be 10%. For the employees retiring during July 1, 2007 to June 30, 2008, the proportion shall be 30%. For the employees retiring during July 1, 2008 to June 30, 2009, the proportion shall be 50%. For the employees retiring during July 1, 2009 to June 30, 2010, the proportion shall be 70%. For the employees retiring during July 1, 2010 to June 30, 2011, the proportion shall be 90%.
23. The following provisions shall be added as Article 21: If an employee engages in a special type of job stipulated by the State, the paying term during the special working period shall not be converted while the endowment insurance benefits are calculated.
24. The phrase of “refuse to provide” in Paragraph 2 of Article 17 shall be revised as “fail to provide”. The phrase of “delayed period” shall be revised as “postponed period”.
The following provisions shall be added as Paragraph 4: If a retired person can not provide his fingerprints, he shall provide the effective living certificates every year as required by the municipal social insurance administration.
25. The provisions of Article 18 shall be revised as: The municipal labor security administration shall publicize the adjusting standards for endowment insurance treatment in July each year. The employees retiring in the first half of a year shall enjoy the adjustment of basic endowment insurance treatment from the same year of retirement. The employees retiring in the second half of a year shall enjoy the adjustment of basic endowment insurance treatment from the year next to retirement. The amount of adjusted basic endowment insurance treatment shall be paid from the mutual aid fund of basic endowment insurance.
26. The provisions of Article 19 shall be revised as: If an employee switches his job among the enterprises to which the Regulations apply, his individual account of endowment insurance does not need to be changed. If an employee stops paying endowment insurance premium for other reasons, his original individual account shall be kept, in which the deposited money accumulated shall bear interests continuously.
27. The term of “employing units” mentioned in Article 20 shall be revised as “enterprises”.
28. The phrase of “the endowment insurance treatment shall be carried out in accordance with the original regulations” in Article 21 shall be revised as “the endowment insurance treatment shall be carried out in accordance with the relevant regulations of the municipal government”.
29. The term of “employing units” mentioned in Paragraph 1 of Article 22 shall be revised as “enterprises”.
The provisions of Paragraph 2 shall be revised as: For an employee who transfers in an industrial unit stationed in Shenzhen with the approval of the municipal (district) labour or personnel administration after July 1, 1996, at the age exceeding the age limit for transferring set by the municipal government at the time of transferring, and who switches his job into an enterprise to which the Regulations apply, the accepting unit shall pay the overage endowment insurance premiums for him. The successive length of service before the transferring may not be deemed as the paying term until the overage endowment insurance premium is paid off.
The term of “employing units” mentioned in Paragraph 3 shall be revised as “enterprises”; besides, the term of “shall not be deemed as paying term” shall be revised as “ shall not be counted in paying term”.
30. The provisions of Article 23 shall be revised as: For the employees who register their residences in this municipality but work and pay endowment insurance premiums elsewhere, their actual paying terms outside this municipality shall be affirmed according to the Regulations and these Provisions, meanwhile, their paying indexes shall be calculated according to the provisions of Article 9 of these Provisions if they transfer their endowment insurance relationship and premium in this municipality before retirement.
31. Article 24 shall be deleted.
32. The following provisions shall be added as Article 29: If an enterprise or employee participates in endowment insurance by false identity, the endowment insurance relationship shall be invalid, meanwhile, the principle of paid premiums shall be returned to the employee and his enterprise according to the paying proportion.
33. The term of “employing units” in Article 25 shall be revised as “enterprises”.
34. Article 26 shall be deleted.
35. The following provisions shall be added as Article 31: The endowment insurance for people from Taiwan, Hong Kong, Macao or foreign countries who work in this municipality and meet the conditions on participating in endowment insurance stipulated by the State shall be handled referring to the regulations on persons who do not register their residences in this municipality
36. The following provisions shall be added as Article 32: The scope of supported relatives shall be determined referring to Regulations on the Scope of the Relatives to Be Supported of the Employees Killed in Work-related Accidents.
37. The following provisions shall be added as Article 33: Flexible employees who register their residences in this municipality shall handle endowment insurance formalities at the individual payment wickets set by social insurance administration.
38. The following provisions shall be added as Article 34: The endowment insurance of urbanized people mentioned in Interim Measure on the Basic Endowment Insurance of Urbanized People in Bao’an District and Longgang District of Shenzhen shall be carried out pursuant to the Regulations and these Provisions.
According to the revisions, the serial numbers of articles in these Provisions shall be rearranged.
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