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<>Recently, reader Zhang Wei reported to me that he and Lao Wu are friends, but recently they have a dispute over debt.
What happened was: Lao Wu's company had a long-term holiday, and his wife and he often had conflicts due to financial difficulties. In desperation, he divorced his wife. Soon after the divorce, Lao Wu married Ms. Liu, who was 12 years younger than him.
Faced with the request of his new wife, Ms. Liu, Lao Wu agreed to help him open an individual supermarket. In terms of funds, Lao Wu borrowed 20,000 yuan from Zhang Wei. When borrowing money, Lao Wu said that he would repay the loan at one time by the end of June 2016, but now half a year has passed, and Lao Wu has not mentioned this matter.
Zhang Wei urged ** many times, but Lao Wu didn't answer. When I went to look for him at home, Lao Wu either didn't meet, or the meeting was just a few perfunctory words, and in the final analysis, it was still "no money to pay off".
From borrowing money to urging it, two full years have passed. Zhang Wei had no choice but to file a lawsuit with the court, demanding that Lao Wu repay the loan. A few days ago, the court ruled in favor of Zhang Wei's request.
After entering the enforcement link, because Lao Wu did not have any property for enforcement, he has not been able to pay so far. On January 19, Lao Wu went through the retirement procedures and could receive a pension of more than 2,000 yuan per month. Zhang Wei wanted to know whether he could apply for enforcement of the pension of the debtor Lao Wu.
It is understood that Zhang Wei's request can be upheld by the court. The legal basis for this is the Reply of the Research Office of the Supreme People's Court on the Question of Whether the Retirement Pension of Retirees Can Be Deducted to Pay Off Their Debts in the Enforcement Procedure (Fa Yan [2002] No. 13). The reply pointed out that in the event that the retiree's other assets available for enforcement or his income are insufficient to repay the debts, the people's court may require the retiree's pension-issuing unit or social security institution to assist in deducting the retiree's pension or pension to repay the retiree's debts.
Jurisprudently speaking, citizens, young and old, are equal before the law, and the obligations determined by the effective judgments of the people's courts must be fulfilled. The retirement pension of a retiree is his fixed and lawful income, and the people's court has the right to request the social security management center, which is a unified payment institution for retirees, to assist the people's court in freezing and deducting the lawful income of the person subject to enforcement, that is, the retirement pension. Of course, when the court withholds his pension, it will set aside the necessary living expenses for him, and the remaining part of the pension can be enforced.
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This may be a topic of concern for many elderly people. Due to the decline in the annual pension adjustment in recent years, coupled with the increasing aging of our country, many elderly people are worried that if the pension is not enough, everyone's pension will not be the best. The pension growth rate in 2022 is only 4%, will it rise in 2023?
The answer is yes.
The growth of pensions mainly depends on three major data. According to the provisions of the "Social Insurance Law," it is necessary to raise the level of basic old-age insurance benefits in a timely manner in accordance with the increase in the average social wage and the increase in prices. In fact, in addition to the two major factors of average social wage and price growth, it is also necessary to look at the affordability of society.
Let's take a look at the portents of these three big data:
First, the increase in the average social wage.
In 2021, our average social wage has seen a rapid increase, and the average wage of non-private units in urban areas across the country has increased, and the average wage of private units has increased. The average monthly wage of urban non-private units in Beijing and Shanghai has exceeded 10,000 yuan. There is inertia in the growth of the average social wage, so the average social wage will continue to grow in 2022.
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1. Is it true that the pension will be significantly higher from next year?
It is true that the pension will be significantly higher from next year, and the pension has risen for 16 consecutive years in the past ten years, but the increase next year is still unknown.
On June 28, 2022, the Ministry of Human Resources and Social Security issued a statement that as of 2022, the total assets of China's basic pension insurance have reached trillions of yuan.
Therefore, it is true that the pension will be significantly higher from next year, and it is also an obvious thing.
Second, the pension will be significantly higher from next year.
From next year, the pension will be significantly more or less unspecified, and the range will probably remain at about 5%.
The pension will be significantly increased by about 5% from next year, regardless of the final increase amount, for retirees across the country, there is no suspense that the pension will be substantial from next year.
In addition, in order to reduce the pension gap between enterprise retirees and retirees of public institutions, China will probably increase the growth rate of enterprise retirees' pensions and slow down the growth rate of pensions of retirees of public institutions.
3. What will be a significant change in the pension from next year?
From next year, the pension will be substantially changed**, and the main change is that the pension will be upgraded from local to national.
In the past, pensions were paid by various localities, and there was an obvious disadvantage of local pensions, that is, in some economically backward areas, pensions could not be paid in full and on time.
From next year, the pension will be upgraded from the local government to the national pool, and the future pension will no longer have the problem of not being able to pay the pension on time and in full due to insufficient pension.
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Legal analysis: 59 can receive unemployment benefits, and next year will be pensions.
Legal basisSocial Insurance Law of the People's Republic of China
Article 45 An unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance**: (1) The employer and the employee have paid unemployment insurance premiums for one year before becoming unemployed; (2) Interruption of employment not due to the person's will; (3) Those who have been registered as unemployed, and have a request to seek employment.
Article 46 Where an unemployed person has paid contributions for one year but less than five years before he or she becomes unemployed, the maximum period for receiving unemployment insurance money shall be 12 months; If the cumulative payment is five years but less than ten years, the maximum period for receiving unemployment insurance is 18 months; For those who have made contributions for more than 10 years, the maximum period for receiving unemployment insurance money is 24 months. If a person becomes unemployed again after re-employment, the payment period shall be recalculated, and the period for receiving unemployment insurance money shall be calculated together with the period for which unemployment insurance money should have been received but not yet received in the previous unemployment, and shall not exceed 24 months.
Article 47 The standard of unemployment insurance money shall be determined by the people of the province, autonomous region, or municipality directly under the Central Government, and shall not be lower than the minimum subsistence guarantee standard for urban residents.
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The 2022 pension adjustment is about to come to a successful end, and now only a few provinces such as Sichuan, Chongqing, Qinghai, and Xinjiang have not released the 2022 pension adjustment plan, but there is no need to wait too long, because the end of July is the time limit for pension adjustment. According to data from the Ministry of Human Resources and Social Security, the average pension of corporate retirees in 2021 will be 2,987 yuan, and after clearing the **4% in 2022, the average pension will exceed the 3,000 yuan mark. As the pension adjustment in 2022 is coming to an end, some retirees are yearning for 2023, will the pension continue in 2023?
Although it is a bit hasty and too anxious to talk about whether the pension of the sedan chair in 2023 will be adjusted now, the mood of retirees' eagerness is understandable. Thinking about it, we can take a look from 4 signals, and the pension will continue to rise in 2023 and achieve 19 consecutive increases, and there is still a possibility.
China's economy is expected to maintain positive growth this year.
Whether pensions will continue to grow in 2023 is a basic consideration for the growth of China's economy in 2022. China's economy successfully achieved positive growth in the first half of 2022, with GDP growing year-on-year in the first half of 2022.
With a series of measures to stabilize the economy and promote consumption continue to be effective, China's economy is expected to stabilize and rebound in the second half of the year, because the main indicators such as exports have recovered significantly in June, and the first half of the year has come out of a V-word, if there is no impact of black swan events in the second half of the year, with the promotion of the resumption of work and production, the economic indicators are expected to continue to improve to the world, and China's economy will continue to maintain positive growth throughout the year.
When the economy is good, everyone can be good. China's economy will continue to grow in 2022, which is a big foundation for the continuation of pensions for retirees in 2023, and we are optimistic about this, because there is no problem with hard-working Chinese in developing the economy.
Annual prices are expected to remain moderate**.
In addition to considering the general economic environment, according to the requirements of the Social Security Law, the increase in the basic pension of retirees is also based on the growth of prices and workers' wages.
The price of ** is directly related to the purchasing power of the money in everyone's hands. In 2022, prices in many countries around the world are soaring, and prices in the United States have risen by more than 9%, a new high in more than 40 years, but prices in China have remained low. According to data from the National Bureau of Statistics, the CPI in the first half of the year was, although the CPI increase in June increased slightly, but it was only.
In other words, the price situation in China is stable before the talks, and there is no basis for a sharp rise.
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