Is there a legal requirement to deduct 2 of wages for early retirement due to illness?

2% deduction of salary for retirement due to illness is a policy, and there must be laws and regulations.

In accordance with the provisions of the national social insurance, if the person is unable to continue to work normally due to major physical pain, the medical institution may apply to the labor arbitration department for sick withdrawal procedures in order to understand the burden of normal life. When receiving sickness pension, the monthly subsistence allowance shall be calculated according to the average income level of the local people, and shall not be less than 50% and not less than 80% of the period of employment. It is calculated in accordance with the provisions of national laws and regulations, and is in line with local support policies.

Early treatment of illness and good health is the root of happiness, and I believe in the superiority of the social welfare system.

There is a legal basis for deducting 20% of wages for early retirement. As long as you retire early, 80% of your salary will be paid, and you can only pay 100% after retirement.

Good morning friend, your problem is that you have not reached retirement age, and 2% of your salary has been deducted, I think this problem, there are regulations in the factory, there are contracts, and there are contracts, as long as you look at the stripes, then it will be clear.

Of course, early retirement cannot be treated the same as those who retire on time, and if you have any doubts about this, you can consult the local social security department to clarify.

You can go to the local social security department or labor arbitration institution for consultation, after all, it is a matter of money, be cautious.

We don't know if there are any legal regulations, but you can go to the labor department and ask if there are any legal regulations.

There is a clear provision in the state for early retirement due to illness that 2 percent of wages will be deducted.

2% of the pension will be deducted for each year of early retirement due to sickness, and 2% will not be deducted for normal retirement.

Conditions for receiving a pension:

Individuals who participate in the basic pension insurance can receive the basic pension on a monthly basis if they have paid contributions for 15 years when they reach the statutory retirement age. That is to say, employees who participate in pension insurance must meet two conditions to receive pensions: first, they must reach the statutory retirement age; The second is to pay pension insurance premiums for 15 years.

The so-called statutory retirement age refers to the age at which employees retire from work and are eligible for pensions.

According to the relevant regulations, the statutory retirement age for enterprise workers in China is 60 years old for men, 50 years old for female workers, and 55 years old for female cadres. For those engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health (hereinafter referred to as "special types of work"), the retirement age is 55 years old for men and 45 years old for women; If the person is disabled due to illness or non-work-related reasons, and is certified by the hospital and confirmed by the labor appraisal committee to be completely incapacitated, the retirement age is 55 years old for men and 45 years old for women.

Pension, also known as retirement pension and retirement fee, is one of the most important pension insurance benefits. That is, the relevant documents of the state stipulate that after the workers are old or lose the ability to work, according to their contributions to the society and their qualifications for enjoying pension insurance or retirement conditions, the insurance benefits paid in the form of money on a monthly or one-time basis are the needs of benefiting the society, and are mainly used to ensure the basic living needs of employees after retirement.

Pensions are accumulated and operated in accordance with the principle of common accumulation of the state, collectives and individuals. When people are in the prime of life, a portion of the wealth created is invested in pension plans to ensure that they are provided for in old age.

When you reach the normal retirement age, there is no deduction. Just calculate the pension directly according to the time limit and base of your contributions.

Your understanding may not be right!

The basic pension in the sickness retirement salary is calculated according to the "2% deduction for each year of early retirement" at the time of sickness retirement, and it is not calculated according to the normal retirement and 2% deducted at the time of payment. Therefore, there is no problem of "2% deduction when you reach normal retirement".

If the state does not increase the pension for retirees in the future, then the retirement salary you get now will be taken until the state increases the pension for retirees, and then increases it according to the policy.

Sick retirement is a kind of early retirement, and it is also a formal retirement, so after the pension is verified at the time of sick retirement, it will follow the annual adjustment in the future, and the pension will not be recalculated when the retirement is 60 years old, and there is no problem of deducting 2%.

There should be no 2% deduction for illness in the new calculation method, right? Because the basic pension in the new measures is calculated according to the payment period, the corresponding payment period of your early retirement will be a few years less than others, and there is no need to deduct it.

1. The Law on State Civil Servants stipulates that civil servants who have reached the retirement age prescribed by the State or have completely lost their ability to work shall retire.

If a civil servant meets one of the following conditions, he or she voluntarily submits an application and may retire early with the approval of the appointment and removal organ:

1) Have worked for 30 years or more;

2) Less than five years away from the retirement age stipulated by the state, and the working experience has been at least 20 years;

3) Other circumstances that meet the requirements of the state and can be retired early.

2. The "Interim Measures for the Placement of Old, Weak, Sick and Disabled Cadres and the Interim Measures for the Retirement and Retirement of Workers" stipulate that cadres and workers who do not meet the conditions for retirement and who have been diagnosed by a hospital and confirmed by the Wounded, Sick and Disabled Appraisal Center of an organ or institution to have completely lost their ability to work or work shall retire.

3. Guo Fa [1978] No. 104 document stipulates that those who have the following conditions can retire early:

1) Cadres and workers engaged in underground, high-altitude, high-temperature, particularly heavy physical labor or other work harmful to physical health, male at least 55 years old, female at least 45 years old, with 10 years of continuous service.

In March 1979, the Labor Bureau of the Autonomous Region implemented the interpretation of several specific issues in the Guo Fa [78] No. 104 document, stipulating that the workers engaged in underground, high temperature and living in the alpine plateau above 3,500 meters above sea level, male at least 55 years old, female at least 45 years old, and with 9 years of continuous service can retire;

2) Men must be at least 50 years old, women at least 45 years old, and have participated in revolutionary work or have worked continuously for 10 years

It is confirmed that there is a complete loss of work or ability to work through a hospital's diagnosis certificate or an appraisal by an organ or public institution's Injury, Sickness and Disability Appraisal Center.

3) Disabled due to work (work), and completely incapacitated and unable to work is confirmed by the hospital diagnosis certificate and appraisal by the appraisal committee.

"Interim Measures on the Retirement and Retirement of Workers" (Guo Fa [1978] No. 104).

Article 1 Workers of enterprises and institutions owned by the whole people, Party and government organs, and mass organizations shall retire if they meet any of the following conditions.

3) Men who have reached the age of 50 and women who have reached the age of 45 and have worked continuously for 10 years or more shall be certified by the hospital and confirmed by the labor appraisal committee that they are completely incapacitated.

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

Article 5 Workers who do not meet the conditions for retirement, certified by the hospital and confirmed by the Labor Appraisal Committee, and completely incapacitated for work, shall be retired, and after retirement, they shall be paid a monthly living allowance equivalent to 40% of their standard salary, and if it is less than 20 yuan, it shall be paid at the rate of 20 yuan.

It's better to retire than to take sick leave and stay up until retirement.

According to the regulations, the employees of government agencies and institutions, before participating in the endowment insurance of local organs and institutions, can calculate the continuous length of service according to the relevant provisions of the state and province, which can be regarded as the number of years of payment; However, the period of long-term sick leave of an employee for more than six months shall not be counted as the length of continuous service in accordance with the regulations, nor shall it be regarded as the number of years of payment.

2. Employees of government agencies and institutions shall not calculate the payment period if they interrupt the payment of pension insurance premiums during the long sick leave period after participating in the pension insurance of local organs and institutions; During the period of long sick leave, if the unit and the employee still pay the pension insurance premiums in accordance with the regulations, the payment period can be calculated, and it can be combined with the continuous service years before participating in the pension insurance of local organs and institutions. The calculation of continuous length of service shall still be carried out in accordance with the relevant provisions of the personnel department.

Special diseases can be retired early, and the pension received by normal retirement is higher than that received by early retirement.

Early retirement refers to the act of retiring an employee before reaching the age or length of service set by the state or business. Early retirement is often proposed by businesses to improve the operational efficiency of the business. This is a popular way for many businesses today to reinvigorate themselves in the face of fierce competition in the marketplace to manage employee outflow.

Early retirement of laid-off personnel can only be special types of work and those who cannot work due to illness, and other personnel can only retire when they reach the age of 50 for women and 60 for men.

After the basic pension is calculated normally, 2% of the basic pension will be deducted every 1 year in advance, and the personal account pension part and the transitional pension part will not be deducted.

I was diagnosed with colon cancer in August 2017, and the Social Security Bureau issued me a special disease yellow card, I am 42 years old this year, and I have paid employee insurance for 13 years, do I still have to pay, and what can I retire?

Early retirement due to physical reasons. Pensions will be less. In the past, pension contributions were based on the number of years you actually worked.

Since 2007, the 2% deduction for each year of early retirement has been abolished. In 2007, as long as you were deducted, you were deducted, and it is still the same until you are 80 years old.

Calculation method of sickness retirement pay:

2% of the pension will be deducted for each year of early retirement due to sickness retirement; There is no deduction for normal retirement.

1. Sick retirement of enterprise employees: Employees who have completely lost their ability to work after being appraised by the Labor Ability Appraisal Committee, such as men who are at least 50 years old and women who are at least 45 years old, and who have paid the same amount of money as above, can apply for sick retirement. Sickness retirement is a type of retirement and can receive a monthly pension.

Retirement of employees of enterprises:; If the age reaches the requirement of sickness retirement, but the payment period is less than 15 years or the payment period is less than 10 years during the transition period, the retirement benefit will be paid in a lump sum and the pension insurance relationship will be terminated.

2. Sick retirement of employees of government agencies and institutions: Employees who have completely lost their ability to work after being appraised by the Labor Ability Appraisal Committee, such as men who are at least 50 years old, women who are at least 45 years old, and who have worked for 10 years or more, can apply for sick retirement.

3. Where retired personnel of enterprises, government agencies, and public institutions receive retirement living allowances on a monthly basis, they shall, together with the retirees, adjust their retirement living expenses in accordance with the relevant provisions of the state's documents on adjusting the benefits of retired personnel, but the range will be smaller than that of retirees.

Men who have reached the age of 50 and women who have participated in the revolutionary work for 10 years or more, and who have been certified by the hospital to be completely incapacitated for work are called retired due to illness, and the retirement salary is paid at 100% of their standard salary; For those who do not meet the above age requirements: those who have worked for 20 years or more will be paid 75% of their standard salary; Those who have worked for 15 years but less than 20 years will be paid 70% of their standard salary; Those who have worked for 10 years but less than 15 years shall be paid 60% of their standard salary. Article 4 of the Interim Provisions on the Payment of Wages The payment of wages mainly includes:

Wage payment items, wage payment level, wage payment form, wage payment object, wage payment time, and wage payment under special circumstances. Article 5 Wages shall be paid in legal tender. Payment in kind and in alternative currency** may not be made.

1. If the insured person has paid for more than 15 years, is disabled due to illness or non-work, and is completely incapacitated by the Labor Ability Appraisal Committee, he or she can retire or retire.

2. The impact of personal account pension is that the balance of personal account is divided by the number of months, the number of months of retirement at the age of 60 is 139, and the number of months of retirement at the age of 45 is 216. For example, if your personal account balance is 10,000 yuan, the retirement of the personal account pension at the age of 45 is yuan, and the retirement of the personal account pension at the age of 60 is 72 yuan.

3. Impact on the basic pension: basic pension = (average monthly salary on the job in the previous year of retirement + average monthly indexed salary) 2 * personal cumulative payment period * 1%.

In addition to the pension insurance paid by individuals, the rest will be deducted by 2% per year.

to your father this situation for so many years.

Seniority, take a break.

Take sick leave until retirement age, and then get down to business.

According to the relevant policies, sickness retirement must meet both the age condition and the total incapacity for work.

The specific procedures are as follows:

1. Basic conditions for handling sick retirement. The applicant meets the requirements of a male at least 50 years old, a female at least 45 years old, with a continuous service period of 10 years or more, certified by the hospital and confirmed by the labor appraisal committee, and completely incapacitated.

2. Apply for labor ability appraisal. The applicant shall send his medical record materials and the "Employee Labor Ability Appraisal Form" to the Municipal Labor Ability Appraisal Committee for appraisal, and the applicant can apply for sick retirement if he is completely incapacitated.

3. Go through the procedures for sick retirement. The applicant shall send the results of the appraisal of the Municipal Labor Ability Appraisal Committee together with the applicant's dossier to the Wage Department of the Jinning County Personnel, Labor and Social Security Bureau for sick retirement. The retirement salary shall be subject to the normal retirement standard.

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