The conditions for determining the deemed payment period and how to determine the deemed payment per

1. The determination of the deemed payment period is based on the notice of the General Office of the former Ministry of Labor on printing and distributing the Interim Measures for the Management of Personal Accounts of Basic Pension Insurance for Employees (Lao Ban Fa No. 1997 No. 116).

2. The deemed payment period refers to the continuous working years calculated according to national regulations before the actual payment period of the insured employees.

3. The payment period of employees includes the deemed payment period and the actual payment period. The actual payment period refers to the number of years that employees pay basic pension insurance premiums on time and in full according to regulations after participating in basic pension insurance.

The deemed payment period refers to the continuous working years calculated according to national regulations before the actual payment period of the insured employees.

In order for the original working hours to meet the requirements of the deemed payment period, three conditions must be met at the same time:

Must be enrolled in pension insurance; They must be former cadres and permanent employees of the former state-owned and county-level collective-owned units; The original working hours must comply with the national policy on calculating the length of continuous service. Except for organizational transfers, those who leave the enterprise under other circumstances shall be counted from the date of the last return to the enterprise to work.

1. During the working hours of the fixed employees of the state-owned or collective-owned units at or above the county level before the local implementation of the endowment insurance, the time of continuous service calculated according to the provisions of the state before May 1998 is the period of payment of the endowment insurance;

2. The continuous working hours of fixed employees of state-owned or collective-owned units at or above the county level who have not implemented the pension insurance system in accordance with national regulations are also regarded as the payment period;

3. Employees of the same system of government agencies and institutions and hired cadres recruited from college and secondary school graduates who are not allocated by the state shall be determined according to the actual number of years of payment of pension insurance, and there is no deemed payment period;

4. The military age of retired servicemen during their service in the army can be regarded as the number of years of pension insurance, and the time to be allocated due to organizational reasons after retirement is also regarded as the payment period, and the time of intermittent work due to personal reasons cannot be regarded as the pension insurance payment period;

5. During the "Cultural Revolution", the time for urban intellectual youth to go to the mountains and countryside is regarded as the payment period;

6. Employees engaged in special work stipulated by the state shall convert the working hours into continuous service years, which can be regarded as the pension insurance payment period.

Article 13 of the Interim Measures for the Management of Personal Accounts of Basic Pension Insurance for Employees shall be deemed to be in arrears if the unit or individual fails to pay the basic pension insurance premiums on time and in full for some reason. Regardless of whether the full amount or part of the arrears in the month of arrears are not credited to the personal account for the time being, and the outstanding amount can only be credited to the personal account after the unit or individual makes up the outstanding amount in accordance with the regulations.

During the period when the enterprise to which the employee works is in arrears, the individual employee can continue to pay the pension insurance premium, and the full amount of the payment shall be credited to the personal account and calculated as the actual payment period of the employee.

In the event of non-payment, the subsequent payment shall be accounted for by the rolling distribution method: that is, the payment shall first make up for the previous outstanding fees and interest, and the remaining part shall be used as the payment of the current month.

Legal analysis: dust stool 1, the payment period includes the deemed payment period and the actual payment period. The deemed payment period refers to the continuous working time calculated according to national regulations before the actual payment period of the employee's total working years.

2. Before the implementation of the basic pension insurance premium system jointly paid by enterprises and individual employees, the time calculated as the continuous length of service according to the provisions of the state can be regarded as the "deemed payment period", and can be combined with the actual "payment period" to calculate and issue the pension insurance payment.

3. In addition, after the regular employees of government institutions are transferred to the enterprise, they shall participate in the basic pension insurance for employees of the enterprise, and their original working years shall be regarded as the payment period; If demobilized veterans and young intellectuals who have gone to the countryside in urban areas are recruited as contract workers and have participated in the basic pension insurance, their military age and the period of going to the countryside shall be calculated as the number of years of continuous service in accordance with the provisions of the state, which may be regarded as the number of years of payment.

4. According to the provisions of the "Notice on Deepening the Reform of the Pension Insurance System for Enterprise Employees", before the implementation of the individual payment system, the continuous length of service of employees can be regarded as the payment period. The deemed payment period can be combined with the actual payment period to calculate and issue basic pension insurance benefits.

Legal basis: Notice on Deepening the Reform of the Pension Insurance System for Enterprise Employees I. Raising of Basic Pension Insurance Premiums (2) The basic endowment insurance premiums shall be paid jointly by enterprises and individual employees. The number of years that enterprises and individual employees jointly pay pension insurance premiums is called the "payment period".

Before the implementation of the individual payment system, the continuous length of service of employees can be regarded as the number of years of payment.

Personal personnel file, the local labor bureau plan index recruitment registration form in the file, and the factory registration form.

For the determination of the deemed payment period, there are generally the following situations:

1. The continuous length of service of permanent employees calculated in accordance with national regulations.

2. The original working years of regular employees of government agencies and institutions after they are transferred to the enterprise.

3. The military age of demobilized veterans and the number of years during which they have been in the countryside and educated youths who have gone to the countryside.

In the above cases, the deemed payment period is confirmed through the file. Article 13 of the Social Insurance Law stipulates that before the employees of state-owned enterprises and institutions participate in the basic endowment insurance of Shanfang, the basic endowment insurance premiums that should be paid during the deemed payment period shall be borne by the first.

When the basic endowment insurance is insufficient, it will be subsidized.

Legal basis. Article 13 of the full text of the Social Insurance Law of the People's Republic of China Before the employees of state-owned enterprises and public institutions participate in the basic pension insurance, the basic pension insurance premiums that should be paid during the deemed payment period shall be borne by the first. When the basic endowment insurance is insufficient, it will be subsidized.

Legal analysis: After the 90s of the last century, the basic pension insurance system paid by units and individuals was gradually reformed: "deemed payment period" is a design compatible with the old and new systems.

Under the old system, no contribution was required, but the number of years that met the requirements of continuous service was recognized in the new system and was calculated as "deemed payment period". Cumulative payment period = actual payment period + deemed payment period, which solves the problem of recognition of the number of years; In addition, through the design of transitional pensions, the eligible part of the old system is calculated for treatment, which solves the problem of lack of personal account amount without actual contributions. The eligible length of service between 86 and 95 years can be recognized as the deemed payment period, and the actual payment period will be looked at later.

If it is assumed that all conditions are met and the actual payment is continuous. Then the subject's social security contribution is:

Deemed payment period: 86 95 paragraphs.

Actual payment period: 95 at this stage.

Legal basis.

Social Insurance Law of the People's Republic of China

Article 4 Employers and individuals within the territory of the People's Republic of China who pay social insurance premiums in accordance with law have the right to inquire into payment records and records of personal rights and interests, and to request social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise their own units' contributions for them.

Article 58 An employer shall, within 30 days from the date of employment, apply to the social insurance agency for registration of social insurance for its blind employees. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay.

Individually-owned businesses without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance at the employer, and other flexibly employed persons shall apply to the social insurance agency for social insurance registration.

The State shall establish a nationwide unified personal social security number. An individual's social security number is a citizenship number.