The Ministry of Human Resources and Social Security and the Ministry of Finance recently jointly issued the "Interim Measures for the Sickness and Disability Allowance of the Basic Pension Insurance for Enterprise Employees" (hereinafter referred to as the "Interim Measures"), clarifying that from January 1, 2025, before the basic pension insurance of enterprise employees reaches the statutory retirement age, if they are completely incapacitated due to illness or non-work-related disability after being identified, they can apply for receiving the disability allowance on a monthly basis, and the required funds will be paid by the basic pension insurance fund.
According to the Interim Measures, the monthly standard and payment period of the disability allowance shall be determined according to the age and cumulative payment period of the insured person when applying for the disability allowance. The monthly standard of sickness and disability allowance will be adjusted simultaneously when the state uniformly adjusts the basic pension level.
The "Interim Measures" stipulate that the insured persons shall receive sickness and disability allowances in accordance with the relevant provisions of the transfer and continuation of the national basic pension insurance relationship. During the period of receiving sickness and disability allowance, the basic pension insurance premium is no longer paid. Those who continue to be employed and make contributions in accordance with the provisions of the state shall have their sickness and disability allowance suspended from the month following the resumption of contributions.
The Interim Measures require that a person applying for sickness and disability allowance shall hold a total loss of working capacity appraisal conclusion made by a labor ability appraisal agency at or above the prefecture level (districted city) in the place where the benefits are received or the last place where the insurance is last enrolled. Provincial-level human resources and social security departments shall establish a system for the review and appraisal of the working capacity of persons receiving sickness and disability allowances, and if the persons who do not meet the requirements for complete loss of working capacity after the review and appraisal are not satisfied, the sickness and disability allowance shall be suspended from the month following the conclusion of the review and appraisal. If the sickness and disability allowance is obtained by fraud, falsification of supporting materials or other means, the administrative department of human resources and social security shall order it to be returned, and the relevant personnel shall be held accountable in accordance with the relevant laws and regulations.
Interim Measures for the Sickness and Disability Allowance of Basic Pension Insurance for Employees of Enterprises
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Article 1 These Measures are formulated in accordance with the Social Insurance Law of the People's Republic of China in order to provide appropriate assistance to the insured personnel of the basic old-age insurance (hereinafter referred to as the basic old-age insurance) for enterprise employees who have completely lost their ability to work due to illness or non-work-related disability (hereinafter referred to as "total loss of working capacity").
Article 2 If the insured person is completely incapacitated due to illness or non-work-related disability before reaching the statutory retirement age, he or she may apply for a monthly disability allowance.
Article 3 When the insured person applies for the sickness and disability allowance, the cumulative payment period (including the deemed payment period, the same below) has reached the minimum payment period for the basic pension and is within 5 years (inclusive) from the statutory retirement age, the monthly standard of the sickness and disability allowance shall be implemented in accordance with the basic pension calculation and payment method for retirees in the place where the insured personnel receive the benefits, and shall be adjusted synchronously according to the policy of retirees in the place where the benefits are received when the state uniformly adjusts the basic pension level.
When a person receiving sickness and disability allowance reaches the statutory retirement age, he or she shall go through the retirement formalities, and the basic pension shall not be recalculated. Those who meet the conditions for flexible early retirement can apply for flexible early retirement.
Article 4 When the insured person applies for the sickness and disability allowance, the cumulative payment period has reached the minimum payment period of the basic pension and is more than 5 years away from the statutory retirement age, the monthly standard of the sickness and disability allowance shall be implemented in the basic pension calculation and distribution method of the retirees in the place where the insured personnel receive the benefits, and the basic pension shall be adjusted synchronously in accordance with the overall national adjustment ratio of the basic pension when the state uniformly adjusts the basic pension level.
When the insured person is 5 years away from the statutory retirement age, the sickness and disability allowance shall be recalculated and implemented in accordance with the provisions of Article 3.
Article 5 When the insured person applies for the sickness and disability allowance, the cumulative payment period is less than the minimum payment period for the basic pension, the monthly standard of the sickness and disability allowance shall be implemented in the basic pension calculation and distribution method for retirees in the place where the insured person receives the benefits, and the basic pension level shall be adjusted synchronously in accordance with the overall national adjustment ratio of the basic pension when the state uniformly adjusts the basic pension level. If the cumulative payment period of the insured person is less than 5 years, 12 months of disability allowance shall be paid; If the cumulative payment period is more than 5 years, the disability allowance will be increased by 3 months for each additional year (less than 1 year will be calculated as 1 year).
Article 6 The funds required for the sickness and disability allowance shall be paid by the basic pension insurance fund.
Article 7 When an insured person applies for receiving sickness and disability allowance, the place of receipt shall be determined in accordance with the relevant provisions of the national basic endowment insurance, and the basic endowment insurance relationship shall be collected to the place where the treatment is received, and the application for receiving the sickness and disability allowance shall be made in the place where the treatment is received.
Article 8 During the period when the insured person receives the sickness and disability allowance, he shall no longer pay the basic pension insurance premium. Those who continue to be employed and make contributions in accordance with the provisions of the state shall have their sickness and disability allowance suspended from the month following the resumption of contributions.
Article 9 If an insured person dies while receiving the sickness and disability allowance, the treatment of his surviving family members shall be implemented according to the standard of incumbents.
Article 10 A person applying for sickness and disability allowance shall hold a labor ability appraisal conclusion made by a labor ability appraisal institution at or above the prefecture level (districted city) in the place where the benefits are received or the last place where the insurance is held. The conclusion of the total incapacity appraisal is valid for one year. The standards and procedures for the appraisal of labor ability shall be implemented in accordance with the current national appraisal standards and policies. If a person is unable to receive the sickness and disability allowance because he or she does not meet the requirements for complete loss of working ability, he or she shall apply for the working ability appraisal again one year after the date of the conclusion of the last working ability appraisal. The funds required for the appraisal of labor ability shall be included in the budget of the administrative department of human resources and social security at the same level.
Article 11 Establish a system for reviewing and appraising the working ability of persons receiving sickness and disability allowances, which shall be organized and implemented by the provincial administrative department of human resources and social security. The labor ability appraisal agency shall provide technical support, and the required funds shall be included in the budget of the human resources and social security administrative department at the same level. If the disability allowance is suspended from the month following the conclusion of the review and appraisal, the disability allowance shall be suspended from the following month after the review and appraisal conclusion is made. For those who do not participate in the re-examination and appraisal on time without justifiable reasons, the payment of disability allowance shall be suspended after 60 days after the notification that the re-examination and appraisal should be carried out, and the disability allowance shall be reinstated and repaid from the date of suspension of the disability allowance if it is found that the person is completely incapacitated after the re-examination and evaluation. Specific measures will be formulated separately.
Article 12 The provincial administrative department of human resources and social security is responsible for the examination and determination of the qualifications for receiving sickness and disability allowance, and may entrust the municipal administrative department of human resources and social security to conduct a preliminary examination. Those who meet the conditions for receiving after passing the examination will be paid the sickness and disability allowance from the next month after their application, and will be issued through the bank account of the social security card of the insured person. Before making a formal review decision, it is necessary to publicize the relevant policies and rights and interests of the insured person in his or her place of work or living and the government website of the human resources and social security department for no less than 5 working days.
Article 13 Where the disability allowance is obtained by fraud, falsification of supporting materials or other means, the administrative department of human resources and social security shall order it to be returned, and the relevant personnel shall be held accountable in accordance with the relevant laws and regulations.
Article 14: These Measures shall take effect on January 1, 2025. The retirement and retirement policies of employees of enterprises in various regions who are completely incapacitated due to illness or non-work-related reasons shall cease to be implemented from the date of implementation of these measures. Before the implementation of these measures, the insured personnel have received sick retirement and retirement benefits in accordance with the regulations, and continue to receive relevant benefits in principle after the implementation of these measures.
Source丨People's Daily client, Ministry of Human Resources and Social Security website first instance丨Luo Jie's second trial丨Gao Qianhua's third trial丨Zhou Aiguo's production丨Zhangjiajie
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