After 15 years of social security contributions, you will sit back and wait for retirement?

National Business Daily

2024-04-25 18:36Published on the official account of Sichuan Daily Economic News

Edited: Duan Lian, Bi Luming

On April 25, the topic # official response to social security payment for 15 years and waiting for retirement # detonated the hot search on Weibo, which was airborne first, causing heated discussions among netizens.

Recently, the official WeChat of the Ministry of Human Resources and Social Security responded that Article 16 of the "Social Insurance Law" stipulates that individuals who participate in basic pension insurance and have paid contributions for 15 years when they reach the statutory retirement age will receive a basic pension on a monthly basis.

It is worth noting that the 15 years mentioned here is only the minimum contribution period for receiving a basic pension!

If it is an in-service employee, after 15 years of social security contributions, before reaching the statutory retirement age, the employer shall continue to participate in the insurance and pay for the employee in accordance with the regulations, and after meeting the conditions for receiving benefits, go through the retirement procedures and receive the basic pension on a monthly basis;

The higher the level of payment and the longer the payment period, the more pension you will receive in the future.

Some companies will require employees to sign a "Letter of Commitment" to voluntarily give up social security when signing a labor contract, and some employees take the initiative to hand in the "Letter of Commitment" in order to pay less social security and more wages, giving up social security, and asking the company to convert social security into wages and pay themselves.

According to the relevant provisions of the "Social Insurance Law of the People's Republic of China" and the "Labor Contract Law of the People's Republic of China," employers and workers shall participate in social insurance and pay social insurance premiums in accordance with the law. It is the legal obligation of the employer to participate in social insurance for the employee and pay the social insurance premium in accordance with the law, and this obligation cannot be changed or waived by the employer and the employee through agreement.

According to the Economic Daily, Tang Huang, a lawyer at Hunan Tiandiren Law Firm, said that social insurance is a social security system established by national legislation, and both employers and employees must participate in social insurance in accordance with the law. The Social Insurance Law stipulates that an employer shall apply to the social security agency for social insurance registration for its employees within 30 days from the date of employment. If the unit and the employee fail to pay, they shall be ordered to pay within the time limit or make up for it and impose a late fee, and if they still fail to pay within the time limit, they will be punished by the relevant administrative department.

As long as the employee is in the state of employment, he or she cannot stop paying social security. Tang Huang said that the social insurance paid by employers and employees includes basic endowment insurance, medical insurance, maternity insurance, work-related injury insurance, and unemployment insurance. For employees, once they stop paying social insurance, they will not be able to get corresponding protection if they encounter illness, childbirth, work-related injury or unemployment, and for employers, paying social insurance in accordance with the law is also an important guarantee. For example, in terms of work-related injury insurance, an employer that pays work-related injury insurance in accordance with the law can pay the prescribed medical expenses and work-related injury benefits by the work-related injury insurance fund after an employee has a work-related injury accident, thereby reducing the risk of work-related injury expenses of the employer.

So when you reach the statutory retirement age, if you don't pay enough years of pension insurance, can you make a one-time payment?

Whether it can be paid back or not, depending on the situation!

If you participate in the pension insurance for urban employees, and the cumulative contribution is less than 15 years when you reach the retirement age, you can extend the payment to 15 years.

This situation includes a cut-off point: those who have participated in the insurance and paid contributions before the implementation of the Social Insurance Law on July 1, 2011 can make a one-time contribution to the full 15 years if they have not paid enough years after the extension of the contribution for five years, and those who have participated in the insurance and paid contributions after the implementation of the Social Insurance Law need to continue to pay contributions until the full 15 years before receiving the pension.

If you participate in the old-age insurance for urban and rural residents, there are three situations:

Situation 1: At the time of the implementation of the old-age insurance system for urban and rural residents in the place of household registration, if you have reached the age of 60 and have not received the basic old-age security benefits stipulated by the state, you can receive the old-age insurance pension for urban and rural residents on a monthly basis without paying fees.

Situation 2: When the system is implemented, if it is less than 15 years from the prescribed age of 60 years old, the fee should be paid annually until the age of 60. Retroactive contributions are also allowed, but the cumulative contributions do not exceed 15 years.

Situation 3: When the system is implemented, if it is more than 15 years from the prescribed age of 60, it should be paid annually, and the cumulative contribution shall not be less than 15 years before receiving the pension.

In addition, the pension insurance is discontinued, and the treatment is cleared?

Some of my friends may be planning to leave their jobs and return to their hometowns from the city...... As a result, the pension insurance payment will be interrupted, will the money paid before expire and be invalidated? Will the record be cleared? Can I still receive a pension?

Don't worry! If the pension insurance is interrupted, the insurance record will not be cleared! The social security agency will retain your basic pension insurance relationship, keep all the insurance payment records, and the interest will be calculated continuously on the amount of personal account savings, and the pension insurance premiums paid will not be paid in vain. If you have paid contributions for 15 years and reach the statutory retirement age, you can receive a basic pension on a monthly basis.

Editor|Duan Lian, Bi Luming, Gai Yuanyuan, Du Bo

Proofreading|Lu Xiangyong

Cover image: Visual China (not related to the picture or text)

The daily economic news is synthesized from the Ministry of Human Resources and Social Security and the Economic Daily

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