Procedures of Shanghai Municipality on Endowment Insurance for Town Employees(1998) (1)

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Procedures of Shanghai Municipality on Endowment Insurance for Town Employees(1998) (1)

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Procedures of Shanghai Municipality on Endowment Insurance for Town Employees(1998) (1)

更新时间：2007-5-2

1994.06.01
SHANGHAI MUNICIPALITY
PROCEDURES　OF　SHANGHAI MUNICIPALITY ON ENDOWMENT　INSURANCE　FOR　TOWN
EMPLOYEES
(Promulgated　by　Decree　No.　63 of　the　Shanghai　Municipal　People's
Government　on April 27, 1994, revised and repromulgated　in　accordance
with　Decree　No. 54 of the Shanghai Municipal　People's　Government　on
December　19, 1997 and further revised in accordance with Decree No.　59
of the Shanghai Municipal People's Government on September 3, 1998)
　　　　　　　　　　　　　　　　CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II ORGANIZATION
CHAPTER III PAYMENT OF ENDOWMENT INSURANCE PREMIUMS
CHAPTER IV ENJOYMENT OF ENDOWMENT INSURANCE TREATMENT
CHAPTER V USE AND ADMINISTRATION OF ENDOWMENT INSURANCE FUND
CHAPTER VI SETTLEMENT OF DISPUTES AND PUNISHMENT
CHAPTER VII SUPPLEMENTARY PROVISIONS
　　　　　　　　　　　CHAPTER I GENERAL PROVISIONS
Article 1 In order to guarantee the basic needs of life after retirement
for　town employees, these Procedures are formulated in accordance　with
the　Plan of Shanghai Municipality for the Implementation of　Reform　of
Endowment Insurance System for Town Employees.
Article 2 The endowment insurance as defined in these Procedures　refers
to　the　social　security　system,　set　up　through　legal　procedures,
organized　and controlled by the competent government department,　under
which　units and employees have the mutual obligation to　pay　endowment
insurance　premiums,　and　retirees　enjoy　basic　endowment　 insurance
treatment according to the payment of premiums for endowment insurance.
Article 3 These Procedures shall apply to town administrative　agencies,
enterprises　and　institutions (hereinafter referred to as　units),　and
employees and retirees of these units.
These　Procedures　shall　not　apply　to　aliens　in　 foreign-invested
enterprises or units and personnel otherwise stipulated by the State.
Article　4　The endowment insurance follows the　principles　of　sharing
expenses　among the State, units and individuals,　combining　individual
savings with unified planning and mutual aid, and combining guaranty　of
the basic needs of life for retirees with stimulation of the　initiative
of employees.
Units have the obligation to pay endowment insurance premiums for　their
employees while employees have the obligation to pay insurance　premiums
for themselves.
An　employee's　rights　to have his/her　unit　pay　endowment　insurance
premiums and to enjoy endowment insurance treatment after retirement are
protected by the law and no infringement of these rights by any unit　or
individual is allowed.
Article　5 The reform of this Municipality's endowment insurance　system
aims at phasing in a multi-layer endowment insurance system. In addition
to　the　endowment　insurance　stipulated　in　these　Procedures,　 unit
supp

lementary　endowment　insurance　shall　be　phased　in　units　whose
conditions　permit,　and　the　employees who　can　afford　it　shall　be
encouraged to carry individual savings endowment insurance.
　　　　　　　　　　　　CHAPTER II ORGANIZATION
Article 6 This Municipality shall set up the Municipal Social　Insurance
Committee　that　is responsible for the examination of　the　development
plan of endowment insurance, the study and decision of major policies on
endowment　insurance, and the plan for maintaining or raising the　value
of endowment insurance fund.
Article　7 The Municipal Social Insurance Administration is　responsible
for the administration of endowment insurance of this Municipality.　Its
functions are:
1. To organize the implementation of endowment insurance system;
2. To prepare the development plan of endowment insurance;
3. To draft local laws and regulations on endowment insurance;
4.　To　formulate,　jointly with relevant　departments,　the　financial,
accounting,　statistical　and internal auditing　systems　for　endowment
insurance fund;
5.　To　supervise the collection of endowment　insurance　premiums,　the
disbursement　of pensions, and the operation of endowment funds for　its
appreciation;
6.　To direct the work of endowment insurance management centers at　the
municipal, district and county levels; and
7. To execute the decisions of the Municipal Social Insurance Committee.
Article　8　Endowment　insurance industry　management　centers　are　the
agencies that undertake the routine business about endowment　insurance.
Their functions are:
1. To take charge of the collection of endowment insurance premiums　and
the payment of pensions;
2. To manage individual endowment insurance accounts;
3.　To answer inquiries about endowment insurance from units,　employees
and retirees; and
4.　To handle other matters commissioned or authorized by the　Municipal
Social Insurance Administration.
　　　　　CHAPTER III PAYMENT OF ENDOWMENT INSURANCE PREMIUMS
Article　9　All　units referred to in Paragraph 1, Article　3　of　these
Procedures　shall register endowment insurance for the units　and　their
employees in the endowment insurance administrative center designated by
the　Municipal Social Insurance Administration. Newly-established　units
shall complete the procedures of endowment insurance registration within
1 month from the date of their establishment.
When　a　unit is divided or merged, goes bankrupt or is shut　down,　and
recruits　or　dismisses employees (including　resignation,　unauthorized
quit,　discharge,　and　removal), the unit shall,　within　1　month,　go
through the formalities for alteration or cancellation of the　endowment
insurance　registration with the endowment insurance　management　center
that handled the registration.
When registering endowment in

surance, the endowment insurance management
center　shall set endowment insurance codes for units,　open　individual
endowment insurance accounts for employees and issue Endowment Insurance
Books.
Article　10 An employee's individual endowment insurance　account　shall
remain unchanged for life. The Endowment Insurance Book must be used for
recording　 the　 employee's　successive　working　 years　 before　 the
implementation　of　these　Procedures　and the　savings　amount　in　his
individual endowment insurance account after the implementation of these
Procedures,　which　are the basis for computing　pensions　granted　upon
retirement.
When an employee changes his/her work unit, the Endowment Insurance Book
must be transferred with the employee accordingly.
Article　11　Units and employees shall pay monthly　endowment　insurance
premiums　within　the　prescribed time limit. No　delay　or　failure　of
payment nor underpayment is allowed.
Article　12 A unit shall pay endowment insurance premium at the rate　of
25.5%　of　the total amount of wages paid to all its　employees　in　the
preceding month.
An employee shall pay endowment insurance premiums at the rate of 3%　of
his/her monthly average wage in the previous year, which is to serve　as
the payment base. If an employee's monthly average wage in the　previous
year　is　over 200% of those of the employees of the whole city　in　the
previous　year, the excess above the 200% shall not be included　in　the
base　for　premium　payments. In case the average　monthly　wage　of　an
employee in the previous year is below 60% of those of the employees　in
the whole city in the previous year, 60% of the monthly average wages of
the　employees in the whole city in the previous year shall be　used　as
the payment base.
The　same　approach　must　be taken to computing　the　payment　base　of
endowment insurance premium for units and for employees.
The adjustment of the rates of endowment insurance premium paid by units
and　employees　shall　be proposed by　the　Municipal　Social　Insurance
Administration and reported to the Municipal Social Insurance　Committee
for decision.
Article　13　The　endowment insurance premiums paid by　units　shall　be
entered as expenditures through the following channels:
1.　Entered as expenditures before tax for enterprises and　institutions
that balance their revenue and expenditures by themselves; or
2.　Entered　as　administrative　expenses　or　operating　expenses　 for
administrative　agencies　and institutions with　total　or　differential
budget.
Article　14　The　endowment　insurance premiums shall　be　paid　in　the
following ways:
1. A unit shall withhold the endowment insurance premiums to be paid　by
employees　from their monthly wages. The deduction from　an　 employee's
wages　for　endowment insurance premium may

be　exempt　from　individual
income tax.
2.　A　unit　shall go to the endowment insurance　management　center　at
regular　time every month to verify the endowment insurance premiums　to
be　paid　by　the　unit and its employees and pay　the　full　amount　as
verified.
Article　15 The endowment insurance management center shall　settle　the
savings　amount in the individual endowment insurance account each　year
and　issue　to　each employee a statement　of　the　endowment　insurance
premiums paid.
Article　16　The　endowment　insurance premium　to　be　entered　in　the
individual endowment insurance account shall include:
1. The endowment insurance premium paid by the individual; and
2. The portion of endowment insurance premium paid by the unit, which is
to be entered in the individual account;
a.　The　amount to be entered at certain rates (8% for　enterprises　and
institutions　that balance revenue and expenditures by　themselves,　10%
for administrative agencies and institutions with full budget and 9% for
institutions　with　differential budget) of　the　employee's　individual
payment　base　(not more than 150% of the monthly average wages　of　the
employees in the whole city in the previous year); and
b.　The amount to be entered at 5% of the monthly average wages　of　the
employees in the whole city in the previous year.
The portion of the endowment insurance premiums paid by the unit,　which
is　to　be　entered　in the individual account,　shall　be　adjusted　in
proportion to the rise of the individual payment rate.
Article　17 All the endowment insurance premiums paid by units　must　be
used for social unified plannings except for the portion entered in　the
individual endowment insurance account.
Article 18 The interest on the savings amount entered in the　individual
endowment　insurance account shall be computed at a rate not lower　than
the bank interest rate for residents' time deposits mature in one year's
time in the same period.
Article　19　The　endowment insurance fund shall　be　channeled　to　the
financial　special account under the city treasury for　the　independent
social security fund. The fund shall operate on two separate lines,　the
line　of　receipts and that of disbursement, which are to be　put　under
specialized management with the fund earmarked and used exclusively　for
its specified purpose.
　　　　 CHAPTER IV ENJOYMENT OF ENDOWMENT INSURANCE TREATMENT
Article　20 A retiree who is entitled to endowment　insurance　treatment
shall satisfy the following requirements at the same time:
1.　The employee has reached the retirement age stipulated by the　State
or this Municipality;
2.　The unit and the employee have paid endowment insurance premiums　as
stipulated; and
3.　The employee employed before the implementation of these　Procedures
has 10 successiv

e working years (including premium payment years) or the
employee　employed after the implementation of these Procedures and　has
paid premiums for fifteen years.
The　retiree　who　meets　the above　requirements　may　go　through　the
formalities for drawing pensions with the endowment insurance management
center and draw pensions monthly upon verification and determination　by
the endowment insurance industry management center.
Article　21 A jobless person who meets the requirement in Section　1　of
Article　20　of　these Procedures may go　through　the　formalities　for
drawing monthly pensions with the endowment insurance center.
Article　22　A person who got employment before　the　implementation　of
these　Procedures and has been working for more than 5 but less than　10
successive　years (including payment years) by the retirement age　shall
quit　working.　An employee who has 5 successive working　years　and　is
incapacitated by illness or non-working related injury may quit　working
after　being　ascertained　by the Labor Appraisal　Committee　as　having
totally lost working ability.
A　person　who　has quit working for the above reasons　is　entitled　to
corresponding pension treatment as stipulated.

上一篇范本： Provisions of the Standing Committee of the Shanghai Municipal Peoples Congress on Strengthening the Collection of Town Employees Endowment Insurance Premiums

下一篇范本： Procedures of Shanghai Municipality on Endowment Insurance for Town Employees(1998) (2)

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