Retirement refers to the retired veteran cadres who participated in the revolutionary war led by the production party of China before the establishment of People's Republic of China (PRC), enjoyed full-time supply treatment and engaged in underground revolutionary work, reached the age of retirement and recuperation, and implemented the retirement and recuperation system. Retired cadres who meet the above conditions shall retire. Specifically, the conditions for retired veteran cadres to enjoy retirement benefits are as follows:
(1) 65438+1join the revolutionary army led by China * * * production party before September 30th, 949; Participate in revolutionary work in the liberated areas and enjoy the treatment of supply system; Engaged in underground revolutionary work in enemy-occupied areas.
(2) In Northeast China and some old liberated areas, cadres who enjoyed the salary system formulated by the local people's government before the end of 1948 can also enjoy retirement benefits.
(3) 65438+65438 0949+6543810 +0 to September 30, cadres who participated in revolutionary work and implemented part-time supply and part-time wage system (including contract system), or enjoyed both supply system and wage system.
(4) Before the founding of People's Republic of China (PRC), workers who worked as government workers in the liberated areas and workers in public enterprises and institutions enjoyed the treatment of supply system. Before the end of 1948, workers who enjoyed the treatment of wage system formulated by the local people's government in Northeast China and some old liberated areas were promoted to cadres before reaching the retirement age stipulated by the state.
(5) Cadres who participated in revolutionary work before the founding of the People's Republic of China and are now workers must meet the following conditions at the same time: promoted to full-time cadres before the founding of the People's Republic of China, enjoying the treatment of supply system, or engaged in underground revolutionary work; Being a cadre (including underground revolutionary work) must be longer than being a worker; Those who are not assigned to be workers due to mistakes or punishment.
(6) National cadres (including demobilized military cadres) who participated in revolutionary work before the establishment of People's Republic of China (PRC) and were transferred to collectively-owned enterprises and institutions due to work needs.
(7) Before the end of1948, party member, a rural area, and a base area and a liberated area joined the Party and were promoted to cadres who enjoyed the salary system before the founding of the People's Republic of China.
(8) Before the first plenary session of China People's Political Consultative Conference was held on September 2 1, 1, 949, the Revolutionary Committee of the Chinese Kuomintang (including the Three People's Principles Comrades' Federation and the China Kuomintang Association for Democracy Promotion), the China Democratic League, the China Democratic National Construction Association, the China Association for Democracy Promotion, the China Democratic Party of Agriculture and Workers, china zhi gong party, the Jiu San Society, the Taiwan Democratic Self-government League and other democratic parties.
(9) During the War of Resistance against Japanese Aggression period, he joined the China * * * Production Party in the base areas and liberated areas, and was promoted to full-time cadres before the end of 1953, and always adhered to revolutionary work.
(10) According to the provisions of Document No.8 of the Central Organization Department [1986], the time to participate in revolutionary work before the founding of the People's Republic of China was changed to half-time township cadres.
(1 1) People's Republic of China (PRC) came to China to take part in the revolutionary work after the founding of the People's Republic of China, and has been engaged in the revolutionary and construction work in China since the founding of the People's Republic of China, which meets the retirement conditions of cadres.
The so-called "retirement" means that after retirement, people still enjoy all the same wages and benefits as their original posts, just like going to work. If you want to get a raise, you have to get a raise. If you want to send something, you have to send something.
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The so-called retirement means that according to the relevant regulations of the state, workers quit their jobs because of old age or disability due to work or illness.
According to the Interim Measures for the Retirement and Resignation of Workers and the Interim Measures for the Resettlement of Old, Weak, Sick and Disabled Cadres (Guo Fa [1978] 104) issued by the State Council in June 65438, you can apply for retirement under any of the following circumstances:
(1) Male employees are over 60 years old, female cadres are over 55 years old, and female employees are over 50 years old, with continuous service or working years 10 year.
(2) Workers who are engaged in underground, high altitude, high temperature, heavy physical labor and other jobs harmful to health, men are over 55 years old, women are over 45 years old, and have worked continuously or for 10 years.
(3) Workers who have worked continuously for 10 years, and have been completely incapacitated by the hospital and confirmed by the labor appraisal committee.
(4) Disabled due to work and completely incapacitated by hospital appraisal (the laborer is confirmed by the labor appraisal committee). According to the Regulations on Work-related Injury Insurance (implemented on June 65438+ 10/day, 2004), if an employee is identified as a first-class or fourth-class disability due to work-related, he/she will retain his/her labor relationship, quit his/her post and enjoy a monthly disability allowance; Workers with work-related injuries who reach retirement age and go through retirement formalities will stop receiving disability allowance and enjoy basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference.
77. How does the state stipulate the types of jobs for early retirement?
The Interim Measures of the State Council on Retirement and Resignation of Workers (Guo Fa [1978] 104) stipulates that workers or grass-roots cadres in enterprises and institutions owned by the whole people, party and government organs and mass organizations are engaged in underground, high altitude, high temperature, particularly heavy manual labor or other jobs harmful to health, and men are over 55 years old and women are over 45 years old.
Since 1978, the former State Administration of Labor has been responsible for the examination and approval of early retirement posts nationwide according to the requirements of document Guo Fa [1978] 104. 1985, the former Ministry of Labor and Human Resources issued the Notice on Approval of Early Retirement Posts by Various Competent Departments (Old Ren Hu [1985] No.6), which changed the early retirement posts to the relevant competent departments in the State Council and sent them to the Ministry of Labor and Human Resources for filing. 1993, the former Ministry of Labor issued the Notice on Strengthening the Examination and Approval of Early Retirement Posts (No.issued by the Ministry of Labor [1993] 120), stipulating that all relevant departments in the State Council will stop examining and approving new early retirement posts as of June 3rd. Early retirement posts shall be audited by the competent department of the State Council and reported to the Ministry of Labor for approval. The Ministry of Labor will clean up and adjust the types of early retirement approved by relevant departments according to the actual situation.
1999, the Ministry of Labor and Social Security issued the Notice on Stopping and Correcting Problems Related to Handling Early Retirement of Enterprise Employees in Violation of State Regulations (Lao She Fa [1999] No.8), stipulating that those who engage in high-altitude and particularly heavy manual labor must work in this type of work for 10 years, and those who engage in underground and high-temperature operations must work in this type of work. The new catalogue of special types of work shall be announced by the Ministry of Labor and Social Security in conjunction with the relevant departments after cleaning up and auditing, and shall be temporarily implemented according to the original catalogue of special types of work before publication.
78. How to handle the relevant formalities when employees retire early due to illness or non-work-related disability?
According to the Interim Measures of the State Council on Retirement and Resignation of Workers (Guo Fa [1978] 104No.), workers in enterprises and institutions owned by the whole people, party and government organs and mass organizations, who have reached the age of 50 for men and 45 for women, and have worked continuously for 10 years, shall be certified by the hospital and confirmed by the labor appraisal committee.
According to the relevant regulations, employees who apply for early retirement due to illness or non-work-related disability must first go to hospitals at or above the county level designated by the municipal labor and social security department for medical diagnosis. Secondly, the obtained medical diagnosis certificate will be sent to the local municipal labor appraisal committee for review, and an appraisal conclusion will be made as to whether it is completely incapacitated. Finally, the employee goes to the local labor and social security department for early retirement with the appraisal conclusion and other relevant materials.
Before April 5, 2002, the appraisal standard for employees who were completely incapacitated due to illness or non-work-related injuries was implemented according to the Appraisal Standard for Workers' Injury and Occupational Disease Disability Degree (GB/T16180-1996), and the provincial labor and social security department may make supplementary provisions according to local actual conditions. Since April 5, 2002, it has been implemented according to "Appraisal Standard of Workers' Non-work-related Disability or Illness (Trial)" (No.8 [2002] issued by the Ministry of Labor and Social Security).
79. How to determine the pension insurance benefits for employees who retire early due to illness or non-work-related disability?
According to the Reply of the Ministry of Labor and Social Security on the Calculation and Payment of Pensions for Early Retirees (Letter of the Ministry of Labor and Social Security [2000] 17 1), employees who retire early due to illness or non-work-related disability, and employees who retire early due to the closure and bankruptcy of resource-exhausted mines, the capital structure is optimized according to 1 1. The calculation formula for reducing the basic pension is: basic pension = (basic pension+transitional pension+adjustment fund and various subsidies) × (1-early retirement years× 2%)+personal account pension. After the early retirees reach the legal retirement age, the basic pension will not be recalculated.
80. Who else can apply for early retirement besides meeting the requirements stipulated in Guofa [1978] 104?
1On March 9, 1999, the Ministry of Labor and Social Security issued the Notice on Stopping and Correcting Issues Related to Handling Early Retirement of Enterprise Employees in Violation of State Regulations (No.8 issued by the Ministry of Labor and Social Security [1999]), stipulating that in addition to meeting the conditions stipulated in the document issued by Guofa [1978] 104, Other situations of early retirement are limited to two types: one is "optimizing capital structure" determined by the State Council11/workers in state-owned enterprises in pilot cities who are less than five years away from the statutory retirement age. The basis is the Notice of the State Council on Issues Related to Trial Bankruptcy of State-owned Enterprises in Several Cities (Guo Fa [1994] No.59) and the Supplementary Notice of the State Council on Trial Bankruptcy of State-owned Enterprises and Re-employment of Employees (Guo Fa [1997] 10). Second, in the state-owned textile enterprises with three-year spindle pressing task, they meet the requirements of spinning and weaving posts. The basis is the Supplementary Notice of the Ministry of Labor and Social Security and the State Economic and Trade Commission on Doing a Good Job in the Resettlement of Spindle Workers in the Textile Industry (No.6 issued by the Ministry of Labor and Social Security [1998]). After three years of ingot pressing, this policy will no longer be implemented.
The provisions on early retirement in the State Council's Notice on Trial Bankruptcy of State-owned Enterprises in Several Cities (Guo Fa [1994] No.59) and the State Council's Supplementary Notice on Trial Bankruptcy of State-owned Enterprises and Re-employment of Employees (Guo Fa [1997] 10) are as follows: "The bankrupt enterprise is disabled at work or suffers from serious occupational diseases. As can be seen from the above two documents, the conditions for early retirement are strictly limited. Namely: first,11city only applicable to the pilot project of "optimizing capital structure"; Second, it is limited to bankrupt state-owned industrial enterprises; Third, it is less than 5 years away from my legal retirement age; Fourth, upon my application.
According to the supplementary notice issued by the Ministry of Labor and Social Security and the State Economic and Trade Commission (No.6 issued by the Ministry of Labor and Social Affairs [1998]), laid-off workers in textile enterprises who meet the following four conditions can retire early: first, the car stopper for spinning and weaving; Second, he has worked continuously in the car stopper position for 20 years 10 years, and he is still in the car stopper position when he retires early; Third, the retirement age stipulated by the state is less than 10 year; Fourth, the skills are single, and re-employment is really difficult.
In addition, according to the Notice of the General Office of the State Council City, the General Office of the Central Committee of the CPC on Further Improving the Closure and Bankruptcy of Resource-exhausted Mines (No.1KLOC-0/) and the Opinions of the National Leading Group for Enterprise Merger and Bankruptcy and Re-employment on Implementing the Notice of the General Office of the Central Committee of the CPC on Further Improving the Closure and Bankruptcy of Resource-exhausted Mines (No.[2000]33), Workers owned by the whole people (including workers under labor contract system) who close bankrupt mines with exhausted resources will retire five years earlier (55 years for men, 50 years for women cadres and 45 years for women workers). Among them, employees who are engaged in underground, high temperature, high altitude, particularly heavy manual labor and other special jobs that are harmful to health approved by the former Ministry of Labor and relevant industry authorities can retire early 10 years (male 50 years old, female 40 years old). The specific conditions are: engaged in high-altitude and particularly heavy manual labor 10 years or more; Engaged in underground and high temperature work for more than 9 years; Engaged in other harmful work for more than 8 years.
What conditions do enterprise employees need after retirement to receive the basic pension on a monthly basis?
According to the Decision of the State Council on Establishing a Unified Basic Old-age Insurance System for Enterprise Employees (Guo Fa [1997] No.26), enterprise employees who participate in the basic old-age insurance can receive the basic pension on a monthly basis if they meet the retirement conditions and go through retirement procedures, and the payment period (including deemed payment period) is over 15 years. If the individual payment period is less than 15 years, he will not enjoy the basic pension after retirement, and the amount stored in his personal account will be paid to him in one lump sum.
82. After retirement, how can employees receive basic pensions if they live in different places in China or settle abroad?
According to the Notice of the General Office of the Ministry of Labor and Social Security on Further Standardizing the Socialized Distribution of Basic Pensions (No.8 issued by the Ministry of Labor and Social Security [20065438+0]), retirees who live in different places in China or settle abroad can entrust their relatives or others to receive basic pensions on their behalf after applying to social insurance agencies and handling relevant procedures. If you live in a different place in China, you can also entrust social insurance agencies to send me money through post offices and banks; If there is no relative or other person in China to receive the money, I ask the social insurance agency to remit the money abroad, and the remittance fee shall be borne by the individual.