Tie the "safety rope" for the elderly pension "money bag" - interpretation of the "Guiding Opinions on Strengthening the Supervision of Advance Fees for Pension Institutions" issued by the Ministry of Civil Affairs and other seven departments
In recent years, some pension institutions have adopted a pre-charge model for reasons such as rapid return of funds and increasing customer stickiness. However, after some pension institutions collect large amounts of fees in advance, there are situations such as non-performance of obligations according to the contract, non-standard use of fund management, and bankruptcy and bankruptcy of the capital chain. There are also some criminals who carry out illegal fundraising through pre-payment and other forms. Seven departments including the Ministry of Civil Affairs recently issued the "Guiding Opinions on Strengthening the Supervision of Advance Fees for Pension Institutions" to tie a "safety rope" for the elderly to provide for the "money bags".
Aspect 1: Incorporate pension service fees, deposits and membership fees into the full scope of supervision
The advance fees of pension institutions mainly include three categories: pension service fees, deposits and membership fees. Pension service fees refer to bed fees, nursing fees, meals and other expenses; The deposit refers to the cost of guaranteeing the emergency needs of the elderly such as medical treatment and the repayment of arrears; Membership fee refers to the fee charged by pension institutions in the form of "membership card" and "VIP card" for the elderly to obtain service qualifications, use facilities and equipment, and enjoy service discounts.
The opinions will include the full scope of pension service fees, deposits and membership fees into the supervision, and implement differentiated management according to the actual situation.
Li Banghua, deputy director of the Department of Pension Services of the Ministry of Civil Affairs, introduced that after the pension service fee and membership fee are collected, the pension institution can use it independently according to the specified purpose; Except for specific circumstances, the deposit cannot be used by pension institutions in principle. The amount of one-time pension service fees and deposits charged by pension institutions is generally not too high, and there is not much difference between different regions; The membership fee ranges from tens of thousands to hundreds of thousands due to the different levels of regional economic development, the size and type of institutions, and the risks are relatively high.
Based on this, the opinions adopt daily supervision methods such as special inspections, spot checks and audits, and risk monitoring for pension service fees; The additional deposit and membership fee shall be managed by bank depository and risk margin. At the same time, the opinions make it clear that the retention ratio of risk margin shall not be less than 10% of the total membership fee of the account in the past three years, and shall not be less than 20% of the current balance of the account.
Zheng Zhigang, vice president of the Community Home Care Branch of the Chinese Society of Gerontology and Geriatrics, said that the opinions should adopt an inclusive and prudent attitude towards the operation mode of pre-charges, take into account the actual development of pension institutions and the safety of the elderly's funds, and take into account the deposit and membership fees with greater risks and hidden dangers, on the basis of daily supervision, adopt bank depository and risk margin management, give full play to the sentinel role of financial institutions, and further guard the people's pension money.
Aspect 2: Precise measures for phenomena such as "selling more than one bed", ultra-long prepayment, and "difficult refund".
The opinions focus on the key links such as the collection, use, and refund of pre-fees. In view of the "more than one bed" of some pension institutions, the opinions require that the pension institutions shall not exceed the bed supply capacity to promise services, ensure that the total number of elderly people who pay fees shall not exceed the total number of beds for the record, and the total amount of advance fees shall not exceed their net fixed assets.
In terms of the pre-charge period, the opinions put forward that the period of pre-collection of pension service fees shall not exceed 12 months, and the deposit charged to a single elderly person shall not exceed 12 times the monthly bed fee of the elderly.
In terms of the use of advance fees, the opinions make it clear that membership fees shall not be used for high-risk investments such as non-self-use real estate, securities, financial derivatives, etc., and shall not be directly or indirectly invested in companies whose main business is to buy and sell securities, as well as for other lending purposes; shall not invest in or donate to other enterprises under the name of its legal representative (main responsible person) or actual controller; Pension institutions that implement chain and group operation shall not invest in or donate to affiliated enterprises.
To solve the "difficulty in refund", the opinions put forward that for the advance fees that meet the refund conditions agreed in the service agreement, the pension institution shall refund the fee in a timely manner in accordance with the agreement, and shall not refuse or delay. Where elderly care establishments suspend or terminate services due to suspension or closure of business, they shall publish a reminder of changes in business conditions in conspicuous locations such as service venues and web portals 30 days in advance, promptly refund the remaining fees, and properly resolve follow-up service issues.
"Before the issuance of this opinion, Jiangxi, Shandong and other provinces have issued provincial documents, making clear provisions on the management of pre-charge management of pension institutions." Zheng Zhigang said that the opinions have absorbed the previous local practical experience, and have detailed provisions on the issues that are easy to cause disputes in the field of pension services, which have strong operability.
Aspect 3: Strictly prevent the alienation of commercial behaviors of pension institutions into illegal fundraising activities
In recent years, under the guise of providing pension services, some illegal elements have illegally absorbed funds in disguise by promising to repay principal and interest or giving high returns by applying for VIP cards, membership cards, prepaid cards, etc. Problems such as "thunderstorms" and "running away" occur from time to time in some pension institutions, seriously harming the legitimate rights and interests of the elderly.
The opinion specifically proposes that the elderly or their agents shall not be induced to pay advance fees by promising to repay principal and interest, giving other investment returns, etc.
In addition, the opinions also call for strengthening multi-faceted supervision and management. The opinion makes it clear that all deposits and membership fees shall be deposited into the special deposit account of the depository in a timely manner. When there is an abnormal flow of funds in the special deposit account and the account balance reaches the minimum proportion of risk margin, the depository bank shall not handle the expenditure for the pension institution except for the refund, and shall make a risk warning to the civil affairs department responsible for supervision, and report the relevant situation to the local financial regulatory department and the leading department for the disposal of illegal fundraising in a timely manner. The opinions require the civil affairs department to strengthen the supervision of the pre-payment of pension institutions during and after the event, and if it is found that the pension institutions are suspected of illegal fund-raising, they should report the relevant situation to the depository bank.
Fu Zhansheng, a first-level inspector of the State Administration of Financial Supervision and Administration, believes that the issuance of the opinions will play a positive role in preventing the alienation of commercial behavior of pension institutions into illegal fund-raising activities.
Li Banghua reminded the elderly and their families to remain cautious in the face of low prices, discounts, and discounts, and choose the most suitable payment method for themselves. "It is necessary to raise the awareness of risk prevention, understand that the essence of pension institutions is to provide pension services, do not believe in the promise of investment rebates and high returns, and remember that there are often huge risks hidden behind high interest inducements, and stay away from illegal fundraising." Li Banghua said.
Source: Xinhua News Agency
Editor-in-charge: Zhang Yanyan First instance: Guo Qiujuan Second instance: Sun Weiwei Third trial: Shan Wei