Regulations on the Administration of Social Insurance
Officially implemented
It's a multi-faceted business.
Hit one. "The masses run less errands and do things more conveniently".The little cloth was tidied up.
Some of the issues that everyone is more concerned about. Let's take a look.
What is the purpose of promulgating the Regulations on the Administration of Social Insurance?
Social insurance management is the "last mile" of the social insurance system, which is related to whether the people can enjoy social insurance benefits conveniently. The purpose of promulgating the "Regulations" is to standardize the handling of social insurance, optimize social insurance services, ensure the safety of social insurance, safeguard the legitimate rights and interests of employers and individuals, and promote social fairness.
When will the "Regulations" come into force?
RegulationsFrom December 1, 2023Officially implemented.
What kind of social insurance does the "Regulations" apply to?
The Regulations are applicable to the handling of social insurance stipulated by the state, such as basic endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance.
The Regulations do not apply to occupational annuities, enterprise annuities, personal pensions, etc. for the time being.
What are the principles of social insurance management?
The handling of social insurance should adhere to the party's leadership, adhere to the people-centered, and follow the principles of legality, convenience for the people, timeliness, openness, and safety.
"Legality" is the core content of administrative rule of law, "convenience for the people" reflects the value orientation of social insurance handling services, "timely" emphasizes the administrative efficiency of social insurance handling services, "openness" reflects the respect and maintenance of the public's right to know, participate, express and supervise, and "safety" is the bottom line requirement of social insurance handling work.
What is a social insurance agency?
Social insurance agencies refer to the institutions under the administrative departments of human resources and social security that handle social insurance, such as basic pension insurance, work-related injury insurance, and unemployment insurance, and institutions under the administrative departments for medical security that handle basic medical insurance, maternity insurance, and other social insurance.
With the deepening of institutional reform, there have been some new changes and adjustments in the management and subordination of social insurance agencies around the country, for example, some regional social insurance agencies implement a vertical management system below the provincial or municipal level, and at the same time accept the business guidance of the human resources and social security administrative departments at the same level, and some regional social insurance agencies are directly under the people's ** at the same level, and accept the business guidance of the provincial (municipal, county) level human resources and social security and medical security administrative departments.
What is a Social Insurance Service?
Social insurance service institutions refer to medical institutions, drug business units, assistive device allocation institutions, unemployment insurance entrusted training institutions and other institutions that have signed service agreements with social insurance agencies to provide social insurance services.
How does the employer register for social insurance?
Social insurance registration is the basis for employers to fulfill their social insurance obligations and pay social insurance premiums, and it is the legal obligation of all types of employers to handle social insurance registration in accordance with the law. The Regulations specify that the employer shall simultaneously complete the social insurance registration at the time of registration with the registration authority.
At present, social insurance agencies in most parts of the country rely on enterprises to set up a "one-network office" platform, share the enterprise registration information of the market supervision department, and handle the social insurance registration of enterprises at the same time. With the continuous increase in information sharing between departments, party and government organs, public institutions, social organizations, people's organizations, private non-enterprise units and other employers can also handle social insurance registration at the same time when they handle registration.
How can an individual apply for social insurance registration?
Individuals apply for social insurance registration based on their citizenship number, and the social insurance agency shall complete the application within 10 working days from the date of receipt of the application.
Residents of Hong Kong, Macao and Taiwan and foreigners employed in China shall register for social insurance in accordance with the Interim Measures for Hong Kong, Macao and Taiwan Residents to Participate in Social Insurance in the Mainland and the Interim Measures for Foreigners Employed in China to Participate in Social Insurance respectively.
What information about the employer does the registration authority share with the social insurance agency?
In order to facilitate the simultaneous handling of social insurance registration by employers, to standardize the registration of employers, and to simplify procedures such as alteration and cancellation of registration, the registration management organs such as the market regulation departments, civil affairs departments, and establishment management organs shall share information on the establishment, alteration, and cancellation of registration of employers with the social insurance handling agencies.
How can an employer change or cancel its social insurance registration?
If there is a change in the social insurance registration items of an employer or the termination of the social insurance registration by the employer in accordance with law, it shall, within 30 days from the date of change or termination, go to the social insurance agency to change or cancel the social insurance registration. When an employer applies for alteration or cancellation of its social insurance registration, the social insurance agency shall complete the application within 10 working days from the date of receipt of the application. If an employer cancels its social insurance registration, it shall first settle the outstanding social insurance premiums, late fees and fines.
What information do public security, civil affairs and other departments share with social insurance agencies?
In order to facilitate the handling of social insurance affairs by employers and individuals, the Regulations stipulate that the departments of public security, civil affairs, health, judicial administration and other departments shall share information on the birth, death, household registration, relocation and cancellation of an individual with the social insurance agency.
If there is a change in the insurance information of the employer and the individual, do I need to inform the social insurance agency?
Need. The completeness and accuracy of insurance information is conducive to safeguarding the legitimate rights and interests of employers and individuals. The Regulations stipulate that if there is a change in the employer's insurance information such as the nature, bank account, and employment, as well as any change in the insurance information of the individual, the employer and the individual shall promptly inform the social insurance agency.
What is the information recorded by the social insurance agency?
The social insurance agency shall timely, completely, and accurately record the following information: (1) Social insurance registration;(2) The payment of social insurance premiums;(3) The enjoyment of social insurance benefits;(4) Personal accounts;(5) Other circumstances related to the handling of social insurance.
In the process of handling social insurance business, the social insurance agency will directly form relevant information with preservation and utilization value, which is a true record of the rights and interests of the insured units and individuals, and is an important basis for determining the social insurance benefits enjoyed by the insured persons.
What are the types of transfer situations of the basic pension insurance relationship?
The transfer of the basic pension insurance relationship mainly includes four situations: first, the individual who participates in the basic pension insurance for employees is employed across the overall planning area, and the basic pension insurance relationship of the employees is transferred with it;Second, individuals who participate in the basic old-age insurance for employees move and work between different types of employers such as government agencies, institutions and enterprises, and the basic old-age insurance relationship of employees is transferred with themThird, if an individual who participates in the basic old-age insurance for urban and rural residents and does not enjoy the benefits relates to the household registration across the overall planning area, the basic old-age insurance relationship of urban and rural residents can be transferred with itFourth, individuals who participate in the basic old-age insurance for employees and the basic old-age insurance for urban and rural residents can go through the procedures for system convergence after reaching the statutory retirement age of the basic old-age insurance for employees.
Do individuals who are employed across the overall planning area still need to participate in work-related injury insurance in the new place of employment?
Need. The Regulations stipulate that individuals participating in work-related injury insurance shall be employed across the overall planning area and participate in work-related injury insurance in the new place of employment.
The state is promoting the provincial overall planning of work-related injury insurance, and after the realization of the provincial-level overall planning, the cross-overall planning area refers to the cross-provincial employment, that is, individuals who work across provinces and participate in work-related injury insurance in the new place of employment.
Can I inquire about the transfer and continuation of social insurance relations?
The Regulations stipulate that if an employer or individual goes through the formalities for the transfer and continuation of the social insurance relationship, the social insurance agency shall complete the formalities within the prescribed time limit and inform the employer and individual of the results, or provide inquiry services on the handling situation.
At present, the national social insurance public service platform has opened the "pension insurance relationship transfer progress" inquiry service, and the insured can inquire about the progress online.
Is it a priority for military personnel to handle the transfer of social insurance relations?
Yes. "Military personnel are given priority in accordance with the law" is the right of military personnel to be protected by law. The "Regulations" uphold the service concept of "military personnel are given priority in accordance with the law", and stipulate that social insurance agencies shall give priority to providing services for the transfer and continuation of military insurance and social insurance relations. This will further improve the efficiency and service level of the transfer of military social insurance relations.
How long does it take for employers and individuals to apply for basic pensions?
If an individual participating in the basic pension insurance for employees has gone through the retirement review (approval) procedures, or meets the conditions for receiving the pension insurance benefits for urban and rural residents, the employer and the individual shall, in accordance with the provisions of the state, submit an application to the social insurance agency for receiving the basic pension. The social insurance agency shall complete the application within 20 working days from the date of receipt of the application.
At present, some localities have "packaged" the two matters of retirement examination (approval) and application for basic pensions for enterprise employees, which has made it convenient for the masses to do things.
Under what circumstances can I apply for a funeral grant and pension?
The Regulations stipulate that in the event of the death of an individual participating in the basic old-age insurance for employees or the death of an unemployed person while receiving unemployment insurance money, his surviving family members may apply to the social insurance agency for funeral subsidies and pensions in accordance with the law.
In addition, in accordance with the provisions of the Social Insurance Law and other provisions, if a person participating in work-related injury insurance dies on the job, his surviving family members can receive funeral allowances, pensions for dependent relatives and work-related death subsidies.
How are the work-related injury expenses that should be paid by the workers' compensation insurance** settled?
The part of the medical expenses, expenses, and installation and configuration of assistive devices that should be paid by work-related injury insurance shall be directly settled with medical institutions and assistive device allocation institutions after review by the social insurance agency, and the employer or individual may apply for manual reimbursement under special circumstances.
At present, some provinces have promoted the real-time interaction between the hospital information system and the social insurance business system for the insurance and medical information of injured employees, so as to realize the online and real-time settlement of inpatient and outpatient work-related injury medical expenses. Employees with work-related injuries only need to present their social security cards to settle in real time at the work-related injury insurance medical treatment and assistive device configuration service agreement institutions, without advance payment and no need to run errands.
How do I apply for manual reimbursement of work-related injury expenses?
The Regulations stipulate that when an employer or individual applies for manual reimbursement due to special circumstances, it shall provide the social insurance agency with the billing bills, expense lists, diagnosis certificates, and medical records of medical institutions and assistive device allocation institutions. Please prepare the relevant documents in advance and then apply to the social insurance agency. The social insurance agency will review the relevant materials and complete the processing within 20 working days from the date of receipt of the application.
Tips: "Special circumstances" mainly refer to the medical treatment, ** and assistive device configuration service agreement institutions for the treatment of injured employees have not yet achieved direct settlement, medical treatment due to emergency, and have been discharged from the hospital before the determination of work-related injuries.
Social security is about you, me and him.
Hurry up and give it to your friends.
* Chengdu Human Resources and Social Security Bureau.
Chengdu Publishing Editor |Yu Xiaohong, Practical Xi Editor, Ding Ding.
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