Notice of the General Office of the State Council on Forwarding the Interim Measures for Transfer and Continuity of Basic Endowment Insurance Relationship of Employees of Urban Enterprises Promulgated by the Ministry of Human Resources and Social Security and the Ministry of Finance

国务院办公厅关于转发人力资源社会保障部财政部城镇企业职工基本养老保险关系转移接续暂行办法的通知

Promulgating Institution: General Office of the State Council

Document Number: Guo Ban Fa [2009] No. 66

Promulgating Date: 12/28/2009

Effective Date: 12/28/2009

颁布机关:国务院办公厅

文      号: 国办发[2009]66号

颁布时间: 12/28/2009

实施时间: 12/28/2009

To the people's government of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council and all organizations directly under the State Council:

The Interim Measures for Transfer and Continuity of Basic Endowment Insurance Relation for Urban Enterprise Employees issued by the Ministry of Human Resources and Social Security and the Ministry of Finance have been approved by the State Council and are hereby forwarded to you for implementation conscientiously and thoroughly based on your actual situation.

General Office of the State Council

December 28, 2009

Interim Measures for Transfer and Continuity of Basic Endowment Insurance Relationship for Employees of Urban Enterprises

    各省、自治区、直辖市人民政府，国务院各部委、各直属机构:

    人力资源社会保障部、财政部《城镇企业职工基本养老保险关系转移接续暂行办法》已经国务院同意，现转发给你们，请结合实际，认真贯彻执行。

    国务院办公厅

    二○○九年十二月二十八日

    城镇企业职工基本养老保险关系转移接续暂行办法

  Article 1   These Measures have been established for the purposes of effectively protecting the legitimate rights and interests of the personnel participating in the basic endowment insurance for the employees of urban enterprises (hereinafter abbreviated as "insured personnel"), promoting the rational allocation and orderly flow of human resources, ensuring the smooth transfer and continuity of the basic endowment insurance relationship for insured personnel involving in inter- provincial, autonomous region or municipality movement (hereinafter abbreviated as inter-provincial movement) while working in towns.

       第一条  为切实保障参加城镇企业职工基本养老保险人员(以下简称参保人员)的合法权益,促进人力资源合理配置和有序流动,保证参保人员跨省、自治区、直辖市(以下简称跨省)流动并在城镇就业时基本养老保险关系的顺畅转移接续,制定本办法。

  Article 2   These Measures shall apply to all personnel participating in the basic endowment insurance for employees of urban enterprises, including all rural migrant workers. A personnel who is already receiving the basic endowment insurance benefit according to the provisions of the State shall not transfer the basic endowment insurance relationship further.

       第二条  本办法适用于参加城镇企业职工基本养老保险的所有人员,包括农民工。已经按国家规定领取基本养老保险待遇的人员,不再转移基本养老保险关系。

  Article 3   In respect of inter-provincial movement of the insured personnel due to employment, the social insurance agency (hereinafter abbreviated as insurance agency) at the original insured location shall issue insurance payment certificate and the basic endowment insurance relationship shall be transferred to the new insured location at the same time. For insured personnel who meets the conditions for receiving the basic endowment insurance benefit, the insurance payment period for the respective locations shall be consolidated for calculation and the deposit amount (including the principal and the interest, the same thereinafter) in the personal account shall be accumulated for calculation. Prior to the age of receiving the benefits, the insured personnel is not allowed to terminate the basic endowment insurance relationship and process the surrender procedures. Where the insured personnel settles overseas or settles at regions such as Hong Kong, Macau or Taiwan, it shall be implemented according to the relevant provisions of the State.

       第三条  参保人员跨省流动就业的,由原参保所在地社会保险经办机构(以下简称社保经办机构)开具参保缴费凭证,其基本养老保险关系应随同转移到新参保地。参保人员达到基本养老保险待遇领取条件的,其在各地的参保缴费年限合并计算,个人账户储存额(含本息,下同)累计计算;未达到待遇领取年龄前,不得终止基本养老保险关系并办理退保手续;其中出国定居和到香港、澳门、台湾地区定居的,按国家有关规定执行。

  Article 4   In transferring the basic endowment insurance relationship due to inter-provincial movement of the insured personnel for employment, the transfer of fund shall be calculated according to the following method:

(I) Deposit amount in personal account: Prior to January 1, 1998, the transfer shall be calculated based on the payment made by the individual and the cumulative principal and interest. From January 1, 1998 onwards, the transfer shall be calculated based on the total deposit amount credited into the personal account.

(II) Pooled fund (paid by the organization): Taking the actual wages paid to the individual for each year from January 1, 1998 as a base number, transfer based on 12% of the total sum. Where the insurance payment is less than 1 year, the transfer shall be calculated based on the number of months for which actual payments have been made.

       第四条  参保人员跨省流动就业转移基本养老保险关系时,按下列方法计算转移资金:

    (一)个人账户储存额:1998年1月1日之前按个人缴费累计本息计算转移,1998年1月1日后按计入个人账户的全部储存额计算转移。

    (二)统筹基金(单位缴费):以本人1998年1月1日后各年度实际缴费工资为基数,按12%的总和转移,参保缴费不足1年的,按实际缴费月数计算转移。

  Article 5   For inter-provincial movement of insured personnel due to employment, the transfer and continuity of the basic endowment insurance relationship shall be processed according to the following provisions:

(I) Insured personnel who returns to the place of domicile (refers to the province, autonomous region or municipality, same hereinafter) for employment and takes up the insurance, the relevant insurance agency at the place of domicile shall process the transfer and continuity procedures timely.

(II) Insured personnel who does not return to the place of domicile for employment and take up the insurance, the insurance agency at the new insured location shall process the transfer and continuity procedures timely. However, in respect of man who has reached 50 years of age and woman who has reached 40 years of age, the basic endowment insurance relationship shall continue to be retained in the original insured location. At the same time, a temporary payment account for the basic endowment insurance shall be set up at the new insured location to record all payments to be made by the organization and the individual. Where inter-provincial movement happens to the insured personnel once again due to employment or the conditions for receiving benefits are met at the new insured location, the entire payment including the principal and the interest in the temporary payment account for the basic endowment insurance shall be transferred and accumulated to the original insured location or the location from which the benefit will be received.

(III) Where the transfer of the insured personnel has been approved by the Party organization above county level or the Ministry of Human Resources and Social Security, employment relationship with the transfer-in organization has been established and payment for basic endowment insurance premium is being made, he shall not be subjected to the abovementioned age limit and shall process the transfer and continuity of the basic endowment insurance relationship timely at the transfer-in location.

       第五条  参保人员跨省流动就业,其基本养老保险关系转移接续按下列规定办理:

    (一)参保人员返回户籍所在地(指省、自治区、直辖市,下同)就业参保的,户籍所在地的相关社保经办机构应为其及时办理转移接续手续。

    (二)参保人员未返回户籍所在地就业参保的,由新参保地的社保经办机构为其及时办理转移接续手续。但对男性年满50周岁和女性年满40周岁的,应在原参保地继续保留基本养老保险关系,同时在新参保地建立临时基本养老保险缴费账户,记录单位和个人全部缴费。参保人员再次跨省流动就业或在新参保地达到待遇领取条件时,将临时基本养老保险缴费账户中的全部缴费本息,转移归集到原参保地或待遇领取地。

    (三)参保人员经县级以上党委组织部门、人力资源社会保障行政部门批准调动,且与调入单位建立劳动关系并缴纳基本养老保险费的,不受以上年龄规定限制,应在调入地及时办理基本养老保险关系转移接续手续。

  Article 6   For insured personnel in inter-provincial movement due to employment who meets the conditions for receiving benefits, the location of receiving benefits shall be determined according to the following provisions:

(I) Where the basic endowment insurance relationship is with the place of domicile, the place of domicile shall be responsible for processing the procedures for receiving benefits for the enjoyment of the basic endowment insurance benefit.

(II) Where the basic endowment insurance relationship is not with the place of domicile, and the cumulative payment period at the location of the basic endowment insurance relationship has reached 10 years, the procedures for receiving benefit shall be processed at the said location for the enjoyment of the local basic endowment insurance benefit.

(III) Where the basic endowment insurance relationship is not with the place of domicile, and the cumulative payment period at the location of the basic endowment insurance relationship has not reached 10 years, the basic endowment insurance relationship shall be transferred back to the previous original insured location, for which payment period has reached 10 years, and the procedures for receiving benefit shall be processed at the said location for the enjoyment of the basic endowment insurance benefit.

(IV) Where the basic endowment insurance relationship is not with the place of domicile, and the cumulative payment period for each of the insured location has not reached 10 years, the basic endowment insurance relationship and the corresponding fund shall be returned to the place of domicile and the place of domicile shall process the procedures for receiving benefits according to the provisions for the enjoyment of the basic endowment insurance benefit.

       第六条  跨省流动就业的参保人员达到待遇领取条件时,按下列规定确定其待遇领取地:

    (一)基本养老保险关系在户籍所在地的,由户籍所在地负责办理待遇领取手续,享受基本养老保险待遇。

    (二)基本养老保险关系不在户籍所在地,而在其基本养老保险关系所在地累计缴费年限满10年的,在该地办理待遇领取手续,享受当地基本养老保险待遇。

    (三)基本养老保险关系不在户籍所在地,且在其基本养老保险关系所在地累计缴费年限不满10年的,将其基本养老保险关系转回上一个缴费年限满10年的原参保地办理待遇领取手续,享受基本养老保险待遇。

    (四)基本养老保险关系不在户籍所在地,且在每个参保地的累计缴费年限均不满10年的,将其基本养老保险关系及相应资金归集到户籍所在地,由户籍所在地按规定办理待遇领取手续,享受基本养老保险待遇。

  Article 7   After the transfer and continuity of the basic endowment insurance relationship has been effected, where the insured personnel meets the conditions for receiving the benefit, the basic pension sum shall be calculated based on the insured personnel's wage on which the insurance payment has been made for each year, the payment period and the corresponding yearly average employees' wages at the location from which the benefit will be received in accordance with the provisions of Decision by State Council Regarding the Improvement of the Basic Endowment Insurance System for Enterprise Employees (Guofa [2005] No. 38).

       第七条  参保人员转移接续基本养老保险关系后,符合待遇领取条件的,按照《国务院关于完善企业职工基本养老保险制度的决定》(国发〔2005〕38号)的规定,以本人各年度缴费工资、缴费年限和待遇领取地对应的各年度在岗职工平均工资计算其基本养老金。

  Article 8   Insured personnel in inter-provincial movement due to employment shall process the transfer and continuity of the basic endowment insurance relationship according to the following procedures:

(I)  Insured personnel who has set up the basic endowment insurance relationship according to the provisions and made payment at the new employment location, his employing organization or the insured personnel shall submit written application for the transfer and continuity of the basic endowment insurance relationship to the insurance agency at the new insured location.

(II) The insurance agency at the new insured location shall, within 15 working days, verify the application for transfer and continuity. Where the conditions provided in these Measures are met, it shall issue a letter of consent and acceptance to the insurance agency at the location of the insured personnel's original basic endowment insurance relationship as well as provide the relevant information. Where the conditions for transfer and continuity are not met, it shall provide a written explanation to the applying organization or the insured personnel.

(III) The insurance agency at the original location of the basic endowment insurance relationship shall, within 15 working days of receiving the letter of consent and acceptance, complete the various procedures for transfer and continuity.

(IV) Upon receipt of the basic endowment insurance relationship and the fund transferred from the insurance agency at the location of the insured personnel's original basic endowment insurance relationship, the insurance agency of the new insured location shall, within 15 working days, complete all relevant procedures, at the same time, notify the employing organization or the insured personnel timely of the confirmed status.

       第八条  参保人员跨省流动就业的,按下列程序办理基本养老保险关系转移接续手续:

    (一)参保人员在新就业地按规定建立基本养老保险关系和缴费后,由用人单位或参保人员向新参保地社保经办机构提出基本养老保险关系转移接续的书面申请。

    (二)新参保地社保经办机构在15个工作日内,审核转移接续申请,对符合本办法规定条件的,向参保人员原基本养老保险关系所在地的社保经办机构发出同意接收函,并提供相关信息;对不符合转移接续条件的,向申请单位或参保人员作出书面说明。

    (三)原基本养老保险关系所在地社保经办机构在接到同意接收函的15个工作日内,办理好转移接续的各项手续。

    (四)新参保地社保经办机构在收到参保人员原基本养老保险关系所在地社保经办机构转移的基本养老保险关系和资金后,应在15个工作日内办结有关手续,并将确认情况及时通知用人单位或参保人员。

  Article 9   Rural migrant worker who ceases employment or returns to hometown and does not continue to make payment, the insurance agency at the original insured location shall retain his basic endowment insurance relationship, retain records of all insurance payments and the personal account. The deposit amount in the personal account shall continue to accrue interest according to the provisions. Rural migrant worker who returns to employment in town and continue to make insurance payment, regardless of whether he returns to the original insured location for employment or goes to another town for employment, the payment period shall be accumulated for calculation according to the aforesaid provisions and the deposit amount in the personal account shall be consolidated for calculation. Where the conditions for receiving benefit are met, he shall enjoy the same basic endowment insurance benefit as the urban employee. Rural migrant worker who no longer returns to the town for employment, his insurance payment records in town and the personal account shall all remain valid and he shall, according to the actual circumstance of the rural migrant worker or upon meeting the stipulated conditions to receive, enjoy the basic endowment insurance benefit of urban employees or convert to the new social endowment insurance for the rural area.

The policy on linking up the basic endowment insurance for the enterprise employee which the rural migrant worker participates in while in town and the new social endowment insurance for the rural area which he participates in while at the rural area shall be separately reviewed and established.

       第九条  农民工中断就业或返乡没有继续缴费的,由原参保地社保经办机构保留其基本养老保险关系,保存其全部参保缴费记录及个人账户,个人账户储存额继续按规定计息。农民工返回城镇就业并继续参保缴费的,无论其回到原参保地就业还是到其他城镇就业,均按前述规定累计计算其缴费年限,合并计算其个人账户储存额,符合待遇领取条件的,与城镇职工同样享受基本养老保险待遇;农民工不再返回城镇就业的,其在城镇参保缴费记录及个人账户全部有效,并根据农民工的实际情况,或在其达到规定领取条件时享受城镇职工基本养老保险待遇,或转入新型农村社会养老保险。

    农民工在城镇参加企业职工基本养老保险与在农村参加新型农村社会养老保险的衔接政策,另行研究制定。

  Article 10   Establish contact and information database among the insurance agencies at the county level and above. Announce to the public to facilitate enquiry by the insured personnel regarding the payment status and processing of the transfer and continuity of the basic endowment insurance relationship. Accelerate the establishment of a national unified service system for enquiry of information pertaining to the basic endowment insurance payment. Issue the nationwide social security cards. Provide a convenient and effective technical service to the insured personnel for enquiry of insurance payment information.

       第十条  建立全国县级以上社保经办机构联系方式信息库,并向社会公布,方便参保人员查询参保缴费情况,办理基本养老保险关系转移接续手续。加快建立全国统一的基本养老保险参保缴费信息查询服务系统,发行全国通用的社会保障卡,为参保人员查询参保缴费信息提供便捷有效的技术服务。

  Article 11   Where the policies related to the transfer and continuity of inter-provincial basic endowment insurance relationship have been established by various places and these policies are not in conformity with these Measures, the provisions in these Measures shall prevail. The measures for transfer and continuity of basic endowment insurance relationship within the province, autonomous region or municipality shall be established by various provincial People's Government by reference to these Measures and report to the Ministry of Human Resources and Social Security for record purpose.

       第十一条  各地已制定的跨省基本养老保险关系转移接续相关政策与本办法规定不符的,以本办法规定为准。在省、自治区、直辖市内的基本养老保险关系转移接续办法,由各省级人民政府参照本办法制定,并报人力资源社会保障部备案。

  Article 12   The payment period referred to in these Measures, unless otherwise provided specially, shall include deemed payment period.

       第十二条  本办法所称缴费年限,除另有特殊规定外,均包括视同缴费年限。

  Article 13   These Measures shall take effect from January 1, 2010.

       第十三条  本办法从2010年1月1日起施行。