When you reach retirement age, it's time to apply for a pension, but the age recorded in the file of many insureds does not match the age of the ID card. Today, let's talk about the basis for confirming the time of birth.
1. Policy provisions
Document No. 8 (1999) issued by the Ministry of Labor and Social Security stipulates that the determination of the birth time of employees shall be based on the method of combining resident ID cards with employee files. If there is a discrepancy between the time of birth recorded in the person's ID card and the file, the time of birth recorded in the person's file shall prevail.
How to understand the provisions of the document, in practice, we really need to analyze and judge, an important principle, that is, we must not benefit from both sides, but also consider the background of the times. There are many materials that record the age of employees in their files, and an important boundary is the archives before and after they join the work. In general, the files before joining the work before establishing a personal pension insurance account are mainly the files of joining the group, joining the party, and students.
II. Basis for Designation
The earliest records of the time of birth are mainly as follows:Joining the regiment form, joining the party form, student graduation appraisal form, recruitment (cadre) approval form, conscription approval form, educated youth age registration form in the countryside, etc.
3. Identification analysis
Most of the insured's files record all the materials of the age are not necessarily the same, and some of the files are not filled in by the individual employee. There are many problems with the determination of the time of birth.
It is determined solely by the date of birth recorded in the earliest records of the file. According to the provisions of the document, there is no objection to the determination, but there is a problem that it may not comply with the provisions of the recruitment documents at that time, and it may also produce double-headed benefits.
The insured, the birth time recorded in the group is February 1966, the file formation time is June 1980, the birth time recorded in the recruitment form is December 1964, and the time of participation is December 1980, from the perspective of laws and regulations, it is more reasonable to determine that the birth time is December 1964.
The insured, the date of birth recorded in the regiment is December 1953, the time of file formation is January 1978, the time of birth recorded in the enlistment form is December 1959, and the time of participation is December 1979.
The above two cases seem to violate the provisions of the document, but on the whole, they are more in line with the requirements of laws, regulations and normative documents. Why did not use the birth time filled in the group, the first insured person according to the time of joining the group is 14 years old to join the work, except for special types of work (posts), there is no document to stipulate that 14 years old can join the work, the length of service is nearly 46 years, it is possible to benefit from both ends.
The second insured person, if he joins the army at the age of 26 according to the time of birth of the regiment, does not meet the requirements for enlistment.
4. Confirmation of designation
Confirm the time of birth according to the dossier, in principle, according to the earliest date of birth recorded in the file, but consider whether the time of participation in the work meets the age requirements of recruitment (dry), joining the army, and going to the countryside, that is, the confirmation of the time of birth at the time of retirement, in principle, the time of birth filled in by the recruitment (cadre) approval form, the enlistment registration approval form, and the graduation appraisal form of college and secondary school students in the unified recruitment and division (including technical schools).
5. Special Tips
1. To determine the time of birth, strictly follow the provisions of the file and the document, and also consider the background of the times. For example, when some places approve the recruitment, the employee is not over 16 years old, and it is not a special position recruitment, and it must also be recognized.
2. If there are working hours of temporary workers before recruitment, the age of participation must meet the requirements of the document.
3. Whether the earliest date of birth recorded in the file is absolutely accurate, and the civil liability capacity of the person who filled it in at that time should also be considered.
4. If the actual operation in various places is strictly implemented in accordance with the documents, the earliest time recorded in the file shall prevail, and the approval form for the first time shall prevail.