Is the retirement salary of a worker in a public institution the same as that of a resign?

Workers who are dismissed from public institutions will receive the same retirement pay as if they resigned. The accounting of the retirement salary of workers in public institutions has nothing to do with dismissal and resignation.

Retirement salary, that is, the basic pension received on a monthly basis, which is determined according to factors such as the cumulative number of years of individual contributions, the payment salary, the average salary of local employees, the amount of personal accounts, and the average life expectancy of the urban population, and has nothing to do with dismissal or resignation.

Individuals who participate in the basic endowment insurance and have paid contributions for less than 15 years when they reach the statutory retirement age can pay for 15 years and receive the basic pension on a monthly basis; It can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, and enjoy the corresponding endowment insurance benefits in accordance with the regulations.

In accordance with the provisions of the Social Insurance Law of the People's Republic of China.

Article 15 The basic pension consists of a pooled pension and a personal account pension.

The basic pension is determined according to factors such as the cumulative number of years of individual contributions, the contribution salary, the average salary of local employees, the amount of personal accounts, and the average life expectancy of the urban population.

Article 16 Individuals participating in the basic endowment insurance who have paid contributions for 15 years when they reach the statutory retirement age shall receive the basic pension on a monthly basis.

Individuals who participate in the basic endowment insurance and have paid contributions for less than 15 years when they reach the statutory retirement age can pay for 15 years and receive the basic pension on a monthly basis; It can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, and enjoy the corresponding endowment insurance benefits in accordance with the regulations.

Whether the retirement salary of a worker who is dismissed or resigned depends on the level of social security paid and the number of years of social security payment, etc., and the amount of pension received depends on the individual's situation and has nothing to do with the way the labor contract is terminated.

The pension is calculated as follows:

1. Pension = basic pension + personal account pension.

2. Personal account pension = personal account savings The number of months (the number of months is determined according to the retirement age and the average life expectancy of the population at that time.) The number of months is slightly equal to (average life expectancy - retirement age) x 12. At present, 50 years old is 139 years old, and it is no longer unified to 120).

3. Basic pension = (the average monthly salary of the on-the-job employees in the province in the previous year + the average indexed monthly payment salary of the person) 2 The payment period is 1% = The average monthly salary of the on-the-job employees in the province in the previous year (1 + the average payment index of the person) 2 The payment period is 1%.

4. In the formula: my indexed average monthly payment salary = the average monthly salary of the province's on-the-job employees in the previous year and my average payment index.

Legal analysis: there must be no pension after dismissal from public office, after the party is dismissed, the general pension insurance account will be automatically frozen, only the person who reinstates public office will be automatically dismissed, if it can no longer be restored, then it can no longer enjoy the pension treatment.

Legal basis: Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 Under any of the following circumstances, an employer may terminate a labor contract: (1) the employer fails to provide labor protection or working conditions in accordance with the provisions of the labor contract, fails to pay labor remuneration in full and in a timely manner, (3) fails to pay social insurance premiums for the worker in accordance with the law, (4) the rules and regulations of the employer violate the provisions of laws and regulations, and harms the rights and interests of the laborer, (5) the labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law, (6) the law, Other circumstances under which an employee may terminate a labor contract as provided by administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract under any of the following circumstances: (1) the worker is proved to be ineligible for employment during the probationary period, (2) he seriously violates the rules and regulations of the employer, (3) he is seriously derelict in his duties, engages in malpractice for personal gain, and causes major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request (5) Where the labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law, (6) the labor contract is investigated for criminal liability in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the worker or paying the worker an additional month's salary: (1) the worker is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the prescribed medical treatment period has expired (2) the worker is not competent for the job and is still incompetent for the job after training or job adjustment (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

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After the resignation of a public institution, the main impact of the pension is to reduce the amount and treatment of the pension. According to the provisions of the dual-track pension insurance system, the pension after retirement of public institutions is higher than that of enterprises after retirement, so the level of pension after resignation from public institutions will be reduced, so resignation from public institutions needs to be carefully considered.

The issue of social security and retirement wages after the resignation of public institutions.

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After the resignation of a public institution, the main impact of the pension is to reduce the amount and treatment of the pension. According to the provisions of the dual-track system of pension insurance, the pension after retirement of public institutions is higher than that of enterprises after retirement, and the level of pension after resignation from the grandson unit of the business industry will be reduced, so the resignation from public institutions needs to be carefully considered.

If the time after the employee leaves the unit after the formal recruitment and employment procedures of the employee who has gone through the sales and recruitment procedures is before the implementation of social insurance, the period cannot be counted as the deemed payment period, and there is no actual payment period after the implementation of the answer, if the payment period is less than 15 years after reaching the retirement age, the retirement procedures and monthly pension will not be able to go through the retirement procedures. Therefore, employees who have left the company for a long time and have no social security relationship should establish and continue social insurance in a timely manner.

Is the retirement salary really calculated for those who have resigned after 35 years of service before reaching retirement age?

After reaching the retirement age, the employee is calculated according to the employee's pension insurance payment base and the number of years of payment.

Pension calculation of resignation before the retirement age: the pension after retirement is composed of the basic pension + personal account old trembling code (pension insurance which system reform to participate in the work before holding the branches.

The following is how to deal with the issue of social security and retirement pay after resignation

1. Handling of social security issues.

1. Retain the identity of the institution. You must go to the social security center with your resignation documents, personnel agreements, and your ID card. When retired, you can enjoy the status level treatment of the institution at the time of resignation;

2. Convert to individual insurance. After continuing to participate in the insurance, the retirement salary will be calculated according to the individual's retirement, and the retirement benefits of the agency will no longer be enjoyed when retired. Go to the labor and social security office where your household registration is located;

Collect the examination materials of public institutions.

3. Enterprise insurance. After continuing to participate in the insurance, the retirement salary will be calculated according to the retirement of the enterprise, and the retirement treatment of the agency will no longer be enjoyed when retired. Go to the labor and social security office where the enterprise is located to participate in the insurance;

4. Terminate the insurance after turning into an individual. If you have been insured for 15 years, you can stop enrolling. When you reach retirement age, go to the labor and social security office where your household registration is located to go through the retirement procedures. In this way, when you retire, you will no longer enjoy the retirement benefits of the institution.

2. Handling of the issue of retirement salary.

1. The retirement allowance of a civil servant after retirement shall be calculated and paid according to a certain proportion of the sum of the salary of his or her position before retirement and the salary of his or her grade. Among them, 90% of those who have worked for 35 years or more will be paid; If the working life is more than 30 years but less than 35 years, it will be paid at 85%; If the working life is more than 20 years but less than 30 years, it will be paid at 80%;

2. The retirement allowance of the staff of public institutions after retirement shall be calculated and paid according to a certain proportion of the sum of the salary of the post and the salary scale of the staff before retirement. Among them, 90% of those who have worked for 35 years or more will be paid; If the working life is more than 30 years but less than 35 years, it will be paid at 85%; If the working life is more than 20 years but less than 30 years, it will be calculated and paid at 80%;

3. The retirement allowance of the skilled workers and ordinary workers of the organs after retirement shall be calculated and paid according to the sum of the salary of the post and the technical grade before the retirement, and a certain proportion of the post salary. Among them, 90% of those who have worked for 35 years or more will be paid; If the working life is more than 30 years but less than 35 years, it will be paid at 85%; If the working life is more than 20 years but less than 30 years, it will be paid at 80%;

After the resignation of public institutions, the problems of social security and retirement wages do not bode well.

Hello dear! I am glad to answer for you, after working in a public institution, to work in an enterprise, the pension algorithm is: 2 conditions for retirement to receive social insurance pension:

1. The actual payment period of the insured person is more than 10 years (September 30, 1998 and before) or 15 years (October 1998 and 1r and later); 2. The insured person reaches the statutory retirement age (if the retirement age is reached and the payment period is insufficient, the insured person can continue to pay until the payment is full). (2) Calculation method of retirement pension: those who have reached the statutory retirement age and have paid for 10 or 15 years or more in total, the basic pension shall be calculated and paid according to the following methods:

Monthly basic pension = basic pension + personal account pension. 1. Basic pension = (the average monthly salary of the province's on-the-job employees in the previous year at the time of retirement, ten of my indexed average monthly payment salary) 2 my payment period) 1%. 2. Personal account pension = the amount of personal account savings at the time of retirement The number of months corresponding to the retirement age of the person.

If there is a one-child certificate, the total pension will be increased by 5%. September 30, 1998 and before the bench shed plus work, there is also a transitional h pension. (3) Three factors that affect the amount of pension.

Legal analysis

The relevant law stipulates that there is no pension after dismissal from public service. After the cadres and employees of administrative institutions are dismissed from public office, their social pension insurance accounts will be automatically frozen and invalidated, and the original pension accounts can only continue to be used after they are restored to public office. If they work in other types of units or are self-employed, they should re-participate in social pension insurance.

After reaching the conditions for enjoying pension insurance benefits stipulated by law, you can enjoy pension insurance benefits in accordance with the law.

1. Those who have been dismissed from public office by their original unit or who have been officially approved by the labor and personnel department to be hired as employees of the whole people, large collectives, or employees under the labor contract system of enterprises after being dismissed from public office by their original units or released from prison upon completion of their sentences, shall be counted from the date of re-entry into work. If they are temporary workers, the number of years of insurance shall be calculated from the time of payment to participate in the pension insurance.

2. Where a person who has been dismissed from public office or has been released from prison at the end of his or her sentence, and whose original unit or individual has participated in the overall planning of the pension insurance and has actually made contributions before being dismissed or sentenced, the number of years of payment after his return to work may be combined with the actual number of years of payment before he was dismissed from the party or sentenced to prison. The number of years of service that have not been paid before being dismissed or sentenced cannot be regarded as the number of years of contributions.

III. Where the circumstances of the sentence are relatively minor for a crime of negligence, or where they have been sentenced to a suspended sentence or have not left their original job to serve their sentence outside of prison, the length of service before sentencing may also be counted as continuous service. The length of service is not counted during the sentence (except for those who have not left their jobs and are paid wages).

Legal basis

Civil Servants Law of the People's Republic of China" Article 62: Sanctions are divided into: warnings, demerits, major demerits, demotion, dismissal, and dismissal.

Administrative Supervision Law of the People's Republic of China Article 24: "Violations of administrative discipline shall be given warnings, demerits, major demerits, demotion, removal, or dismissal in accordance with the law", and the supervision organs "may make supervision decisions or make supervision recommendations". Where a state civil servant is given an administrative sanction and is dismissed in accordance with the law by the appointment and removal organ or the administrative supervision organ, it shall be reported to the organ at a higher level for the record.

Dear Hello I am glad to answer for you The resignation of public institutions to the enterprise retirement benefits are as follows: the calculation method of the retirement salary of the public institution to the enterprise: the employee from the government institution into the enterprise work month, participate in the basic pension insurance of the enterprise employees, the unit and the individual according to the provisions of the basic pension insurance premiums, the establishment of the basic pension insurance personal account, the original working years as the payment period, retirement according to the method of the enterprise to calculate the basic pension.

The calculation method of retirement pension is as follows: those who have reached the statutory retirement age and have paid for 10 or 15 years or more in total, the basic pension is calculated and paid according to the following method: monthly basic pension = basic pension + personal account pension.

1. Basic pension = (the average monthly salary of on-the-job employees in the province in the previous year at the time of retirement, 10 Kai Li himself, the indexed monthly average salary of Changchi) 2 The number of years of payment) 1%. 2. Personal account pension = the amount of personal account savings at the time of retirement The number of months corresponding to the retirement age of the person. If there is a one-child certificate, the total pension will be increased by 5%.

Those who joined the work on or before September 30, 1998 will have a transitional smiley pension.