Several Provisions on Implementing the Social Insurance Law of the People's Republic of China

Several Provisions on Implementing the Social Insurance Law of the People's Republic of China Order of the Ministry of Human Resources and Social Security (No.13) The Several Provisions on Implementing the Social Insurance Law of the People's Republic of China, which have been deliberated and adopted at the 67th executive meeting of the Ministry of Human Resources and Social Security, are hereby promulgated, and shall come into force on July 1, 2011. Minister: Yin Weimin June 29, 2011 Several Provisions on Implementing the Social Insurance Law of the People's Republic of China These Provisions are formulated to implement the Social Insurance Law of the People's Republic of China (hereinafter referred to as “Social Insurance Law”). Chapter I Basic Endowment Insurance Article 1 “General pension” as mentioned in Article 15 of the Social Insurance Law shall be calculated and distributed under the measures of the State Council for the calculation and distribution of basic pension. Article 2 An individual participating in the basic endowment insurance for employees who has contributed premiums cumulatively for less than15 years when he/she reaches the statutory retirement age may continue paying premiums until the cumulative years attain 15 years. An individual participating in the insurance before the entry-into-force of the Social Insurance Law may pay premiums at a lump-sum basis to make the cumulative years attain 15 years if they are still less than 15 years after continuously paying premiums for 5 years after his/her reaching the statutory retirement age. Article 3 An individual participating in the basic endowment insurance for employees who has contributed premiums cumulatively for less than 15 years (after making a continuous payment under Article 2) when he/she reaches the statutory retirement age may apply for being transferred to the new-type rural social endowment insurance or the social endowment insurance for urban residents at the place of registered permanent residence so as to enjoy the relevant endowment insurance benefits. An individual participating in the basic endowment insurance for employees who has contributed premiums cumulatively for less than 15 years (after making a continuous payment under Article 2) when he/she reaches the statutory retirement age and has not been transferred to the new-type rural social endowment insurance or the social endowment insurance for urban residents may apply for terminating the employees' basic endowment insurance relationship in writing. After receiving such an application, a social insurance agency shall notify the applicant of his/her rights to be transferred to the new-type rural social endowment insurance or the social endowment insurance for urban residents in writing and the consequences of terminating the employees' basic endowment insurance relationship, and shall terminate the insurance relationship after obtaining the applicant's written confirmation, and pay the amount deposited in his/her personal account to him/her on a lump-sum basis. Article 4 Where an individual participating in the basic endowment insurance for employees gets employed in another province, and if he/she has contributed premiums cumulatively for less than15 years when he/she reaches the statutory retirement age, after the place for him/her to continue paying premiums is determined under the Notice of the General Office of the State Council on Forwarding the Interim Measures of the Ministry of Human Resources and Social Security and the Ministry of Finance for the Transfer and Continuation of the Basic Pension Insurance Relations of Urban Employees (No.66 [2009] of the General Office of the State Council) regarding the place for him/her to enjoy the insurance benefits, Article 2 of these Provisions shall apply. Article 5 Where an individual participating in the basic endowment insurance for employees gets employed in another province and satisfies the conditions for obtaining the basic pension allowances on a monthly basis, the specific measures for the segment accounting and unified payment of basic pension allowances shall be governed by the Notice of the General Office of the State Council on Forwarding the Interim Measures of the Ministry of Human Resources and Social Security and the Ministry of Finance for the Transfer and Continuation of the Basic Pension Insurance Relations of Urban Employees (No.66 [2009] of the General Office of the State Council). Article 6 It is prohibited to draw money from the personal account of the basic endowment insurance for employees ahead of schedule. Where an individual settles in another country before reaching the statutory conditions for obtaining the basic pension allowances, his/her personal account shall be retained, and he/she may enjoy the relevant endowment insurance benefits after meeting the said conditions. In particular, anyone who has lost the nationality of the People's Republic of China may apply for terminating the employees' basic endowment insurance relationship in writing when or after he/she leaves the country. After receiving such an application, a social insurance agency shall notify the applicant of his/her rights to be transferred to the new-type rural social endowment insurance or the social endowment insurance for urban resident......