The new retirement scheme stipulates the age at which female workers can retire

The delayed retirement scheme has not yet been introduced, and the retirement age of female employees after the delay is uncertain. At present, the provisions of the National Development (1978) No. 104 document are still implemented.

***。Interim Measures for the Retirement and Retirement of Workers

Guo Fa (1978) No. 104.

Article 1 Workers of enterprises, public institutions, state organs, and people's 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, at least 55 years of age for men and 45 years of age for women, and having 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 and who have worked continuously for 10 years, and who have been certified by the hospital and confirmed by the labor appraisal committee that they are completely incapacitated.

Article 1 of the "Interim Measures on the Retirement and Retirement of Workers" (Guo Fa (1978) No. 104] stipulates that "workers in 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 who have reached the age of 60 and women who 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, at least 55 years of age for men and 45 years of age for women, and having 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 and who have worked continuously for 10 years, and who have been 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.

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Legal Analysis: Cadres of party and government organs, mass organizations, enterprises, and public institutions may retire if they meet one of the following conditions. (1) Women who have reached the age of 55 and have participated in revolutionary work for 10 years or more; (2) Women who have reached the age of 45, have participated in revolutionary work for 10 years or more, and have been certified by a hospital to be completely incapacitated; (3) Disabled due to work, and completely incapacitated by the hospital as certified.

Legal basis: Civil Servants Law of the People's Republic of China

Article 92: Where civil servants reach the retirement age prescribed by the State or completely lose their ability to work, they shall retire.

Article 93: Where civil servants meet any of the following conditions, they may voluntarily submit an application and with the approval of the appointment and removal organs, they may retire early:

1) The number of years of service is 30 years or more;

2) Less than five years from the retirement age stipulated by the State and 20 years of service;

3) Other circumstances that meet the requirements of the state and may lead to early retirement.

Article 94: After retirement, civil servants shall enjoy pensions and other benefits as prescribed by the State, and the State shall provide them with necessary services and assistance for their livelihood and health, and encourage them to give full play to their personal expertise and participate in social development.

According to the regulations of *** and the city, the retirement age of employees is:

1) Female employees in managerial positions or professional and technical positions shall retire at the age of 55;

Female employees who are in non-management positions shall retire at the age of 50;

2) If the employee is disabled due to illness or non-work-related reasons, and has reached complete incapacity for work in accordance with the labor appraisal procedures by the city, district and county labor appraisal committee, the retirement age shall be 45 years old for women (cadres who do not divide labor);

3) If the retirement age is 45 years old for women who have been engaged in high-altitude and particularly heavy physical labor for a total of 10 years, underground and high-temperature work for a total of 9 years, or engaged in other work harmful to physical health for a total of 8 years.

4) If a person participating in the basic pension insurance for employees of an enterprise is sentenced to criminal detention or above or re-education through labor, or reaches the statutory retirement age during the period of serving his sentence or re-education through labor, he shall suspend the retirement formalities and go through the retirement formalities in accordance with the regulations after the expiration of the sentence or re-education through labor.

According to the relevant report, starting from 2018, the retirement age for women will be delayed by one year every three years, and the retirement age for men will be delayed by one year every six years, until the retirement age will be 65 years old at the same time in 2045.

Among the specific recommendations, the report proposes that, first, the pension system should be integrated and the retirement age should be divided into two categories: the age of employee pension insurance and the age of resident pension insurance.

Secondly, the retirement age reform plan for employee pension insurance is divided into two steps.

In the first step, when the pension system was merged in 2017, the distinction between female cadres and female workers was abolished, and the retirement age of female pension insurance for employees was uniformly set at 55 years old.

In the second step, starting from 2018, the retirement age for women will be delayed by one year every three years, and the retirement age for men will be delayed by one year every six years, until it will reach 65 years at the same time in 2045.

The report points out that there are currently a large number of young retirees in China, and developing their potential is the main direction in the future.

According to the report, given that the retirement age in our country began decades ago, it is already too low. The report recommends a gradual extension of the retirement age in accordance with the principles of merger, progressive implementation and flexible mechanisms. Specifically, first of all, to achieve the integration of pension systems, the retirement age is classified into two categories:

The age of receiving pension insurance for employees and the age of receiving pension insurance for residents.

Secondly, the retirement age reform plan for employee pension insurance is divided into two steps.

Thirdly, the retirement age of resident pension insurance will be delayed by 1 year every 3 years from 2033 until 2045. At the same time, a flexible mechanism should be introduced in the reform of the retirement age, which can be considered based on the statutory retirement age, stipulating that people can retire early or late by 5 years, but the pension treatment is linked to the retirement age.

The report shows that the postponement of the retirement age can effectively improve the supply of urban labor, increase the urban working-age population (below the retirement age), and delay the downward trend of its proportion.

The Report on Chinese Population and Labor Issues has been published annually by the Institute of Population and Labor Economics of the Chinese Academy of Social Sciences since 2000, usually summarizing population and labor issues and research results with a distinct theme, and looking forward to the future population, labor and development.

At present, the state stipulates that the age of 45 for female workers in special types of work, 50 years for female employees, 55 years for ordinary female cadres, and 60 years for cadres and senior titles at or above the department level.

The latest regulations on the retirement age for female employees have not yet been released, and the retirement age for female employees should still be 50 years old for workers and 55 years old for cadres.

As of now (December 22, 2020), the normal retirement age for female employees is still 50 years old. It is based on Article 1 of the Interim Measures on the Retirement and Retirement of Workers (adopted in principle by the Standing Committee of the National People's Congress on May 24, 1978).

Legal analysis: The retirement age of female employees shall be determined in accordance with the following provisions: The retirement age of female employees who have been approved and hired as cadres by the competent department of personnel administration shall be 55 years old.

Female workers who joined the work before the implementation of the Labour Law and female workers who joined the labour force after the implementation of the Labour Law shall have their retirement age determined by their long-term positions.

For those who have worked in a managerial position for a long time, the retirement age is 55 years old; The retirement age for long-term employment in production positions is 50 years old. Those who hold certain administrative positions in the unit or are not directly engaged in the production activities of the unit or are not directly engaged in the front-line production, service and service positions in the industry, shall be determined as engaged in management positions.

The cumulative working hours of employees in management positions are greater than the cumulative working hours in production positions, that is, long-term work in management positions, and the retirement age should be 55 years old; On the contrary, it means that the retirement age is 50 years old for long-term work in production positions. During the period of retirement, waiting for work, or laid-off of an enterprise employee, the on-the-job working time shall not be counted.

Legal basis: Article 1 of the "Interim Measures on the Retirement and Retirement of Workers" stipulates that workers in enterprises owned by the whole people, public institutions, party and government organs, and mass organizations 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) Engaging in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work that is harmful to physical health, and is at least 55 years old for men and 45 years old for women, and has 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 worked continuously for 10 years or more, and who have been certified by the hospital and confirmed by the labor appraisal committee that they have completely lost the ability to work. (4) Disabled due to work, certified by the hospital and confirmed by the labor appraisal committee, completely incapacitated to work.