Pension Increase, Pension Increase

At present, the state stipulates that the retirement age is 60 years old for men, 50 years old for women, and 55 years old for female cadres.

Legal analysis: Retirees will increase by 90 yuan per person per month, and retirees will increase by 45 yuan per person per month. 2. The basic pension will be increased every month for each full year of the retiree's payment period (including the deemed payment period) (less than one year is calculated as one year).

As of December 31, 2020, retirees aged between 71 and 75 (including 75 years old) will be increased by 40 yuan per month; For those between the ages of 76 and 80 (including 80 years old), an increase of 50 yuan per state will be added to Zheng Xuyue.

Legal basis: Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly

Article 28 The State shall ensure the basic livelihood of the elderly through the basic old-age insurance system.

Article 31: The State shall provide basic living, medical treatment, housing, or other assistance to the elderly who are in financial difficulty.

Where the elderly are unable to work, have no livelihood, no supporters and supporters, or their supporters and supporters truly lack the ability to support or support, the local people at all levels shall provide support or assistance in accordance with relevant provisions.

For the elderly who have no means of living, such as vagranting and begging, being abandoned, etc., the local people at the registered level shall be given assistance in accordance with relevant regulations.

Article 37: Local people** at all levels and relevant departments shall employ measures to develop urban and rural community elderly care services, encourage and support professional service establishments and other organizations and individuals, and provide various forms of services such as life care, emergency rescue, medical care, spiritual comfort, and psychological counseling for the elderly at home.

For the elderly who are in financial difficulty, local people at all levels should gradually give pension service subsidies.

Article 73: Where the lawful rights and interests of the elderly are violated, the victim or his or her ** has the right to request that the relevant departments handle it, or to file a lawsuit in the people's court in accordance with law.

Article 74: Departments or organizations that do not perform their duties to protect the lawful rights and interests of the elderly shall be criticized and educated and ordered to make corrections.

Where state employees violate the law and derelict their duties, causing harm to the lawful rights and interests of the elderly, their unit or the organ at the level above is to order corrections or give sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal analysis: the linkage adjustment should reflect the incentive mechanism of "long-term payment and overpayment", which can be linked to factors such as the retiree's own payment period (or working years) and basic pension level; For elderly retirees and retirees in hardship and remote areas, the adjustment level can be appropriately raised.

Legal basis: Notice of the Ministry of Human Resources and Social Security and the Ministry of Finance on Adjusting the Basic Pension of Retirees in 2019 III. Adjustment Measures. We will continue to adopt the method of combining quota adjustment, linkage adjustment, and appropriate tilt, and basically unify the method of adjusting retired personnel in enterprises, government agencies, and institutions.

The adjustment of the quota should reflect the principle of fairness; The linkage adjustment should reflect the incentive mechanism of "paying more for a long time" and "paying more for more", which can be linked to factors such as the number of years (or working years) of the retired personnel themselves, the level of basic pensions and other factors; For elderly retirees and retirees in hardship and remote areas, the adjustment level can be appropriately raised. We will continue to ensure that the basic pension of retired military cadres in enterprises is not lower than the average level of retirees in local enterprises. It is necessary to take into account fairness and incentives, and reasonably determine the proportion of three parts: quota adjustment, linkage adjustment, and appropriate tilt.

Legal analysis: Up to now, 31 provinces across the country have implemented pension adjustments. This year, the average increase in pensions is 5%, and all localities have implemented preferential policies for some special groups.

According to the 2020 pension increase plan announced by Beijing, in terms of quota adjustment, the general increase is 50 yuan. Retirees from enterprises in Beijing received their retroactive pensions on July 15.

Legal basis: Article 2 of the Regulations on Social Pension Insurance: Social endowment insurance implements multi-level endowment insurance such as national statutory basic endowment insurance, local supplementary endowment insurance and unit supplementary endowment insurance.

**Organize the implementation of the national statutory basic endowment insurance (hereinafter referred to as endowment insurance) in accordance with the law; actively create conditions for the establishment of local supplementary pension insurance; Encourage and support employers to supplement pension insurance for employees to participate in the unit according to the actual situation; Advocate individual participation in savings pension insurance.

1. Adjust the scope and time.

From January 1, 2021, the basic pension will be adjusted for retirees who have gone through the retirement (post) procedures in accordance with the regulations and receive the basic pension on a monthly basis before December 31, 2020.

2. Adjustment methods and standards.

1) Quota adjustment.

Retirees within the scope of the adjustment will be increased by 51 yuan per person per month.

2) Peg adjustment.

1) The retirees of the enterprise will be increased by 2 yuan per month for every 1 year (less than 1 year is counted as 1 year) according to their own payment period (including the deemed payment period and excluding the converted length of service), and the payment period of less than 10 years shall be calculated as 10 years. The basic pension will be increased according to the level of the basic pension of the person.

2) Retirees of government agencies and institutions will be increased by yuan per month for every 1 year (less than 1 year is counted as 1 year) according to their own payment period (including the deemed payment period and excluding the converted length of service). If the payment period is less than 10 years, it will be calculated as 10 years. The basic pension will be increased according to the level of the basic pension of the person.

The retired workers of the enterprise who meet the conditions stipulated in the Labor Insurance Document No. 3 of 1983 of the former Ministry of Labor and Personnel shall be adjusted according to the measures of the organs and institutions. Among them, the level of one's own pension includes the retirement living allowance issued by the unit according to the implementation of similar personnel of the agency.

c) Tilt adjustment.

On the basis of quota adjustment and peg adjustment, the following groups are tilted and adjusted:

1) Retirees who have reached the age of 70 but are less than 75 years old before December 31, 2020 will receive an additional 37 yuan per person per month; Retirees who have reached the age of 75 but are under the age of 80 before December 31, 2020 will receive an additional 38 yuan per person per month; Retirees aged 80 and above before December 31, 2020 will receive an additional $39 per month per person.

2) Retirees in a category of hardship and remote areas will be increased by 10 yuan per person per month. Retirees in the second category of hardship and remote areas will be given an additional 15 yuan per person per month.

3) After the adjustment of the basic pension of retired military cadres of enterprises, if the basic pension is less than 3,303 yuan, it will be paid to 3,303 yuan.

[Legal basis].

Interim Regulations on the Collection and Payment of Social Insurance Premiums

Article 2 These Regulations shall apply to the collection and payment of basic old-age insurance premiums, basic medical insurance premiums, and unemployment insurance premiums (hereinafter collectively referred to as social insurance premiums).

The term "paying units and paying individuals" as used in these Regulations refers to units and individuals that shall pay social insurance premiums in accordance with relevant laws, administrative regulations, and the provisions of the National Government.

Article 3 The scope of collection and payment of basic old-age insurance premiums is as follows: State-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises, and other urban enterprises and their employees, as well as public institutions and their employees who practice enterprise management.

Scope of collection of basic medical insurance premiums: state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises and their employees, state organs and their staff, public institutions and their employees, private non-enterprise units and their employees, social organizations and their full-time personnel.

Scope of collection of unemployment insurance premiums: state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises and their employees, public institutions and their employees.

Legal analysis: Individuals who participate in the basic pension insurance and have paid contributions for 15 years when they reach the statutory retirement age shall receive the basic pension on a monthly basis.

Legal basis: Article 16 of the Social Insurance Law of the People's Republic of China Individuals who participate in the basic endowment insurance and have paid contributions for 15 years when they reach the statutory retirement age shall receive the basic pension of their relatives on a monthly basis.

If the individual who participates in the basic endowment insurance has paid less than 15 years of contributions when he reaches the statutory retirement age, he or she can pay for 15 years and receive the basic pension on a monthly basis; It can also be transferred to the new rural social pension Hutong insurance or urban residents' social pension insurance, and enjoy the corresponding pension insurance treatment in accordance with the regulations.