If you retire one year late, whether the pension can be repaid and what procedures are required.

If the employee's retirement is delayed for one year, the basic pension will not be retroactive, and will be paid from the month following the approval of retirement.

If the employee delays retirement for one year, the payment period is still calculated to the statutory retirement age, and the personal account continues to be recorded, and the basic pension is calculated in accordance with the provisions when the statutory retirement age is reached.

Whether the pension of the person who has deferred the retirement procedure can be repaid

December 17, 2015.

When an employee reaches the normal retirement age, the employer shall go through the retirement procedures for the employee in a timely manner. For those who postpone the retirement formalities for various reasons, they shall be handled in the following ways:

1) For those who have reached the normal retirement age and have been approved to extend their retirement, the time of postponement shall be calculated as the actual payment period, and the benefits will be calculated and paid from the next month after the retirement period.

2) If the retirement is postponed due to the reasons of the unit when the normal retirement age is reached, the personal account shall continue to be recorded, but the extension time shall not be counted as the payment period, and the labor and social security department shall approve the retirement according to the retirement age when it reaches the normal retirement age, and the benefits shall be calculated and paid from the next month after the retirement procedures. If there is an adjustment of benefits during the period from the normal retirement age to the approved retirement, the social insurance agency shall adjust the standard according to the regulations, and the basic pension shall be calculated and paid according to the increased standard, and shall not be repaid. During the period from the normal retirement age to the approved retirement period, the employee's salary or living expenses are lower than the basic pension standard, and the difference shall be made up by the unit.

The intermediary agencies that keep the archives are also subject to the above provisions.

3) If the retirement is postponed due to the reasons of the labor and social security department, the retirement shall be approved when the normal retirement age is reached, and the benefits shall be calculated and paid from the next month after the normal retirement age is reached. If there is an adjustment of benefits during the deferred retirement period, the social insurance agency shall adjust the standard according to the regulations and pay the adjusted basic pension.

If the application is delayed due to personal reasons, the Ministry of Social Security will not reissue it, and if it is caused by social security reasons, the social security will be automatically reissued.

Legal analysis: There are three situations in which there will be repayment if the retirement is late: first, the individual bears it.

In fact, retirement is also an individual application and approval system. If the individual does not apply, the state will not handle it. This applies to all social insurance, work-related injury insurance is valid for one year, if you apply for work-related injury recognition within one year, it is determined that it is a work-related injury, you can enjoy the corresponding treatment, but we do not apply for it can not enjoy, more than one year after it will automatically become invalid.

Second, the enterprise bears. In the same case, if the retirement is not processed in time due to the reasons of the enterprise, then the enterprise should be responsible for the difference in the payment of the pension. Third, social security repayment.

Of course, if the retirement is due to the reasons caused by the social security department, it will definitely be reissued by the closed Dan Zheng pension insurance. For example, it is impossible to retire due to a failure in the social security system upgrade. After all, the audit and management of the social security system is now more and more digital, and it is understandable that the occasional social security failure leads to the inability to handle retirement, and the pension will be repaid in this case.

Legal basis: Social Insurance Law of the People's Republic of China

Article 12 The employer shall pay the basic endowment insurance premiums in accordance with the proportion of the total wages of its employees stipulated by the state, which shall be credited to the basic endowment insurance pool. Employees shall pay basic pension insurance premiums in accordance with the proportion of their wages stipulated by the state, which shall be credited to their personal accounts. Individually-owned businesses without employees, part-time employees who have not participated in the basic pension insurance in the employer, and other flexibly employed persons who participate in the basic pension insurance shall pay the basic pension insurance premiums in accordance with the provisions of the state, which shall be credited to the basic pension insurance co-ordination and personal accounts respectively.

If I retire one year late, will the pension be repaid?

Hello dear<>

We're happy to answer your questions! If the retirement is one year late and the pension is not repaid, according to the investigation, the wages of the employees who have delayed the retirement procedures can be repaid. The employer shall pay the wages of the employee in accordance with the law.

The pension of employees who delay the retirement procedures shall be calculated from the time of the retirement procedures, and the pension before the procedures shall not be repaid. Article 77 of the Labor Contract Law provides that if the legitimate rights and interests of a worker are infringed, he or she has the right to request the relevant department to handle the matter in accordance with the law, or to apply for Zhongqing Xinyan ruling or file a lawsuit in accordance with the law. Article 78 Trade unions shall safeguard the legitimate rights and interests of laborers in accordance with the law and supervise the performance of labor contracts and collective contracts by employers.

If an employer violates labor laws, regulations, labor contracts and collective contracts, the trade union has the right to put forward opinions or request corrections; Where an employee applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law. Article 30 An employer shall, in accordance with the provisions of the labor contract and state regulations, pay labor remuneration to the worker in full and on time. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

If the retirement procedure is delayed due to personal reasons, the pension will be missed.

It is not a cluster that can be reissued. Therefore, Bai Baojun recommends that everyone should be at the statutory retirement age.

Prepare your retirement materials before you arrive to avoid losses.

Clause. 1. Time for retirement. The most critical point of retirement depends on the month of birth of the insured, and the normal retirement can be handled one month in advance.

If the employee is an employee of the employer, he or she shall submit a written retirement application to the employer one month before reaching the retirement age, and the employer shall go through the retirement procedures with the social security agency. In the case of flexible employment.

One month before meeting the retirement conditions, the person should go to the place where the household registration is located.

of the social security agency.

Clause. 2. The materials for retirement generally require the ID card of the insured.

Original, household register, social security card, personnel file.

Personal consumption vouchers, **, retirement application forms and other materials.

Requirements may vary from place to place, and if you want to know what information you need locally, you can call the Social Security Bureau at **12333 for consultation. When going through the retirement procedures, you may also need to go to the bank designated by the Social Security Bureau to apply for a pension card or passbook.

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Hello, I am glad to answer for you, is there a reissue of the pension if the retirement procedures are done late? The employer shall legally pay the wages of the employee, and if the employee completes the retirement formalities late, the employee's pension shall be calculated from the time after the retirement formalities are completed, and the pension before the formalities shall not be repaid. Retirement refers to the withdrawal of a worker from work due to old age or disability due to work or illness and complete loss of working ability (or partial loss of working ability) according to relevant national regulations.

Since January 2011, China has levied individual income tax on the one-time subsidy income obtained by individuals from early retirement according to the item of "income from wages and salaries". ** The relevant parties continue to release the policy intention of delaying retirement, and the poll shows that more than half of the respondents oppose the extension of the retirement age, and most of them advocate retirement according to the prescribed age. The process of handling retirement:

1. The declarant prepares the ID card, household registration book, ** and relevant materials for retirement; 2. The applicant shall declare to the unit where he belongs, and the enterprise shall go to the enterprise and the unemployed shall report to the employment bureau of the jurisdiction; 3. Enterprises and employment bureaus shall report to the local social security department; 4. After qualifying, the file will be transferred to the local social security bureau, and the social security bureau will be responsible for verifying the treatment; 5. Wait for the notice of the Social Security Bureau. The Social Security Bureau will notify you to apply for a card and press your fingerprint. After all the formalities are completed, you will receive your retirement benefits the following month.

Legal basis: "Interim Measures on the Retirement and Retirement of Workers and Workers" Article 1 Workers of enterprises, public institutions, party and government organs, and mass organizations owned by the whole people shall retire if they meet one of the following conditions. (1) Men are at least 60 years old, women are at least 50 years old, and have worked continuously for 10 years.

2) Engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health, where men are at least 55 years old, women are at least 45 years old, and have worked continuously for 10 years or more. This provision also applies to grassroots cadres whose working conditions are the same as those of workers. (3) Men who have reached the age of 50 and women who have reached the age of 45, who have worked continuously for 10 years or more, and who have been certified by the hospital and confirmed by the labor appraisal committee that they are completely incapacitated to work.

4) Disabled due to work, certified by the hospital and confirmed by the labor appraisal committee, completely incapacitated to work.