Our social insurance system has been established since the 1990s and has gone through more than 30 years. Through the continuous improvement of the pension insurance system in recent years and the continuous improvement of pensions, more and more people know that there is a pension after retirement, which is a very good guarantee.
However, there are indeed many people who are about to reach retirement age and have not yet participated in social security (we mainly discuss the basic pension insurance for employees). There are indeed many cases of these people, on the one hand, it is true that when they were young, they did not have enough understanding of the importance of our social insurance, coupled with the large burden of various consumer expenditures when they were young, and they did not consider the long-term pension problem. On the other hand, some people are worried that they will die without receiving a pension, and they feel that the pension insurance has been paid in vain. Whatever the reason, there are indeed many people who do not participate in social insurance. For example, in 2020, the number of employed people in the mainland is 750.64 million, while the number of employees participating in pension insurance is only 328.59 million (excluding retirees, including those who have stopped paying), and the participation rate is only 44%.
Is there a supplementary payment policy for pension insurance?
At present, there is no policy of arbitrary payment of pension insurance. To tell the truth, if you can allow pension insurance to pay back, in fact, many young people will not participate in pension insurance, and will concentrate on waiting until retirement to make up for it. After all, participating in pension insurance has certain risks, and limits the consumption of the current period. For example, the lower limit of the pension insurance payment base in Jiangsu Province in 2022 is 4250 yuan, and the flexible employment personnel need to pay 850 yuan per month, and the insurance premium of about 10,000 yuan a year needs to be paid. In this case, it will have a great impact on the income stability of the pension fund, and it is also an unfairness to those who pay on time.
In 2016, the Ministry of Human Resources and Social Security issued the Notice on Further Strengthening the Management of Revenue and Expenditure of the Basic Pension Insurance Fund for Employees of Enterprises, which clarifies that for urban individual industrial and commercial households and flexible employment personnel, the payment period shall not be increased by means of post-arrest payment. In fact, the Social Insurance Law stipulates that flexible employment personnel, urban individual industrial and commercial households without employees, and workers who are not insured for part-time employment in enterprises can participate in basic old-age insurance. Employees of enterprises must participate in social insurance. Neither the flexible employment personnel nor the individual industrial and commercial households had the corresponding evidentiary materials to prove that they were due at that time.
If it is an enterprise employee, it is indeed possible to pay pension insurance. Because the Social Insurance Law stipulates that paying social insurance to employees is the obligation of the unit, because the behavior of the unit causes the employee to be unable to pay social insurance, the employee should not be dragged down. Therefore, the state stipulates that for the act of supplementary payment of pension insurance in accordance with the provisions of the state, the late payment fee should be paid in accordance with the provisions of the Social Insurance Law. The standard of late fee is 5/10,000 per day, which is equivalent to an annualized interest rate of 18.25%, which is also a fairly high penalty.
Generally speaking, the unit can apply for supplementary social insurance to employees, and the unit can apply on its own initiative, or the employee can apply through the way of rights protection. Mainly through the establishment of labor relations, the provision of corresponding wage accounting vouchers and other information, and then according to the relevant wage verification payment base, supplementary payment of social insurance. When the pension insurance is transferred from another place, if there is a one-time supplementary payment record of pension insurance payment for more than three years, the original legal documents must be provided.
At present, the Several Provisions on the Implementation of the Social Insurance Law also make it clear that if an insured person has participated in old-age insurance before July 1, 2011, but has paid contributions for less than 15 years by the time of retirement age. Contributions can continue until the maximum of 15 years. If the payment period is less than 15 years after 60 months of payment, the pension insurance can be completed at one time. This is a transitional situation that disappears over time.
In general, the basic pension insurance for employees can generally only be paid monthly, after all, the requirements for pension insurance payment for 15 years are not high.
With the promotion of the national participation of the basic old-age insurance for mainland workers, the implementation of the gradual delay in retirement and the increase in the minimum payment period for pensions, it may be that the relevant pension insurance supplementary payment policy will change. However, it is not possible to make up the payment at will.