1How to 'Gradually' Delay the Statutory Retirement Age

Implementing a gradual extension of the statutory retirement age adheres to the principles of small step adjustment, flexible implementation, classified promotion, and overall consideration. Starting from January 1, 2025, male employees who were originally at the statutory retirement age of 60 will have their statutory retirement age extended by one month every four months, gradually reaching the age of 63; Female employees whose original statutory retirement age was 55 years old will have their statutory retirement age delayed by one month every four months, gradually increasing to 58 years old; Female employees whose original statutory retirement age was 50 years old will have their statutory retirement age gradually extended to 55 years old by one month every two months. In the gradual adjustment process, the later the date of birth, the younger the employee, and the later the statutory retirement age, until reaching the planned statutory retirement age.

(1) Male employees: Those born before December 31, 1964 are not affected and will still be subject to the statutory retirement age of 60 years old. After that, the statutory retirement age will be delayed by one month every four months. Employees born on or after September 1, 1976 will be subject to the statutory retirement age of 63 years old;

(2) Female employees engaged in management and technical positions (originally eligible for statutory retirement at the age of 55)

Age: Those born before December 31, 1969 are not affected and will still be subject to the statutory retirement age of 55 years old. After that, the statutory retirement age will be extended by one month every four months, until 198

Employees born on or after September 1st of the year are eligible for the statutory retirement age of 58 years old;

(3) Female employees engaged in non managerial technical positions (originally subject to the statutory retirement age of 50 years old): Those born before December 31, 1974 are not affected and still subject to the statutory retirement age of 50 years old. After that, the statutory retirement age is delayed by one month every two months. Employees born on or after November 1, 1984 are subject to the statutory retirement age of 55 years old.

Gradual approach "refers to gradually extending the statutory retirement age for male employees from the original 60 years old to 63 years old over a period of 15 years, and for female employees from the original 50 years old and 55 years old to 55 years old and 58 years old respectively.

IIHow to distinguish between management technical positions and non management technical positions for female employees

There have been two versions of the retirement age for female employees for a long time. In July 2018, the Ministry of Human Resources and Social Security stated that in 1978, according to the actual situation, the state stipulated that female cadres in government agencies, institutions, and state-owned enterprises who were over 55 years old and female workers who were over 50 years old and met the prescribed conditions could retire. That is to say, those who retire at the age of 50 are female workers, and those who retire at the age of 55 are female cadres. Currently, most places mainlyDetermine the retirement age for women based on their job positionsGeneral production operation positions (non management technical positions) are executed at the age of 50, while management technical positions are executed at the age of 55.

As stipulated in Annex 1 of the Notice on Further Strengthening Basic Management and Standardizing Retirement Approval Work issued by the Beijing Municipal Human Resources and Social Security Bureau, the normal retirement conditions are: men must be at least 60 years old, women in management and professional technical positions must be at least 55 years old, women in non management positions must be at least 50 years old, and the cumulative payment period (including deemed payment period) must be at least 15 years. According to the above regulations, determining the retirement age of female employees is not simply based on the definition of "cadre" or "worker" in the file, but rather pays more attention to theDefinition of specific job positions for female employees.

So how to distinguish between female employees working in management technical positions or non management technical positions? At present, there is no accurate universal or enumerated definition in various national normative documents. The recognition criteria in judicial practice: based on the enterprise's recruitment of employeesComprehensively determine the job title, job nature and responsibilities (whether they reflect certain management functions and attributes), job level and title, labor contract and internal policies (regulations) of the enterprise, decision-making power and responsibilities, etc.

If there is a dispute between the enterprise and the employee regarding the nature of the position, judicial practice mainly relies on the nature of the position agreed upon in the last labor contract between the employer and the employee before retirement. If there is no clear agreement on the nature of the position in the labor contract, the enterprise's rules and regulations, organizational structure, and other documents are generally used as the basis for determining the nature of the position. If there are no such documents or the nature of the position cannot be determined through the above documents, the judicial authorities have greater discretion, usually considering factors such as the actual job content performed by the worker, job responsibilities, the social experience of the majority, and whether the employer has evidence to the contrary.

threeTheElastic retirement system 'bouncing forward' and 'bouncing back'

During the process of soliciting opinions on the delayed retirement policy, it was widely expressed that there is a desire to increase the choice of retirement time appropriately, in order to better plan future work and life. The Measures actively respond to social concerns and stipulate that employees can voluntarily choose flexible early retirement or delay retirement after consultation with their units.
(1) Voluntarily choosing to 'bounce forward'

The first sentence of Article 3 of the Measures stipulates that employees who have reached the minimum payment period mayVoluntary choice of flexible early retirementThe maximum advance time shall not exceed three years, and the retirement age shall not be lower than the original statutory retirement age of 50 or 55 for female employees and 60 for male employees.

According to this provision, employees have the right to choose to retire before the statutory retirement age, but they must still meet the following three conditions:

① Meet the minimum payment period requirement for pension insurance (the minimum payment period will gradually increase, and the minimum payment period for 2039 and beyond will be 20 years);

② The maximum lead time is 3 years;

③ The early retirement age shall not be lower than the statutory retirement age before the implementation of the Decision.

All male employees and female employees in management and technical positions who voluntarily choose to "move forward" under the above conditions, even if their statutory retirement age is extended by 3 years, can still retire at the earliest age of 60 and 55 respectively, without any difference from the original statutory retirement age. For female employees engaged in non managerial technical positions, if their statutory retirement age is extended to 55 years old and they voluntarily choose to retire early, they can retire at the earliest age of 52.

(2) Consensus reached through negotiation 'bounce back'

According to the second sentence of Article 3 of the Measures, if an employee reaches the statutory retirement age and the employer and the employee reach a consensus through consultation, they may flexibly postpone their retirement for a maximum of three years. According to this provision, employees have the right to choose to continue working and delay retirement after reaching the statutory retirement age. But the following two conditions must still be met:

① Negotiate and reach a consensus with the employer;

② The maximum delay time shall not exceed three years.

The flexible retirement system will also affect the final pension benefits that can be received, and the "Measures" additionally emphasize the principle of "late retirement benefits". China's pension mainly consists of two parts: "personal account pension" and "basic account pension". The retirement age mainly determines the amount of monthly payment for the personal account pension portion in the pension insurance benefits. The specific calculation formula is the cumulative storage amount (including interest) of the personal account ÷ the number of months of payment. The "number of months of calculation" is based on the average life expectancy of the urban population at the time of employee retirementMy retirement ageThe actual age at the time of retirement is determined by factors such as interest, and corresponds to a specific number of payment months (regardless of gender). The later the retirement, the smaller the payment months, and the higher the monthly benefits that can be received.

According to the current calculation rules, we assume that a male employee's personal account amount is 200000 yuan. If he chooses to retire early at the age of 60, the corresponding national calculation months are 139 months, and he can receive a personal account pension of about 1439 yuan per month (excluding the basic pension). If he retires at the age of 65 after consultation with his employer, the corresponding national calculation months are 101 months, and the monthly personal account pension he can receive will be increased to 1980 yuan.

With the implementation of the decision to delay retirement, there is also a possibility of adjusting the number of months of payment. As early as 2005, the State Council adjusted the calculation method of pension from the previous uniform 120 months to setting different calculation months based on different retirement ages.

The flexible retirement system gives each employee the right to choose their retirement time. The above example aims to remind everyone to consider the impact of early retirement or delayed retirement on their future enjoyment of pension insurance benefits when they want to retire early.

fourTheFocusing on the protection of workers' rights and interests

(1) Protect the basic rights and interests of over aged workers.

For workers who have exceeded the statutory retirement age,First request to protect their basic rights and interests from a legal perspectiveThe Measures stipulate that when employing workers who have exceeded the statutory retirement age, employers shall guarantee the basic rights and interests of workers, such as remuneration, rest and vacation, labor safety and health, and work-related injury protection. This fills the gap in current labor laws and regulations.

(2) Strengthen the promotion of employment and protection of the rights and interests of older workers who have not yet reached the statutory retirement age.

The Measures stipulate to strengthen the development of employment opportunities for older workers, improve the employment assistance system for disadvantaged individuals, strengthen the prevention and governance of age discrimination in employment, and encourage employers to hire more older workers.

(3) Strengthen the protection of the rights and interests of workers in flexible employment and new forms of employment.

The Measures stipulate to strengthen the protection of the rights and interests of workers in flexible employment and new forms of employment. The Deputy Minister of Human Resources and Social Security stated at the special press conference of the 11th meeting of the 14th National People's Congress Standing Committee that he will continue to promote the implementation of policies and measures related to safeguarding the rights and interests of flexible employment and new forms of employment workers, actively promote relevant guidelines and guidelines, strengthen employment guidance, and facilitate rights protection services.

(4) Special protection for workers in special occupations and those working in high-altitude areas.

The Measures stipulate that employees engaged in special occupations such as underground work, high-altitude work, high temperature work, and particularly heavy physical labor, as well as those working in high-altitude areas, who meet the conditions, can apply for early retirement.

5The impact of delayed retirement policy

(1) The spillover effects related to pension under the background of delayed retirement policy.

The delayed retirement policy not only includes the gradual extension of the statutory retirement age, but also the extension of the minimum payment period for pension insurance. Many netizens are worried that if they die before reaching retirement age after paying for 15 years or even longer, what should be done with the pension that has been paid for many years? What should be done if one dies shortly after reaching retirement age and has been paying long-term pensions?

According to the Social Insurance Law of the People's Republic of China, if an individual dies, the balance in their personal account can be inherited. That is to say,After the death of personnel participating in the basic pension insurance for enterprise employees, their personal account pension (including principal and interest) can be paid to their legal heirs in one lump sum, and the pooling portion will not be refunded.

If an employee unfortunately passes away, the heir can apply to the social security center for a refund of their personal contributions. This can be divided into two situations: one is that if the insured person dies before retirement, their heir can receive all the money in their personal account; Secondly, if the insured person passes away after retirement, it depends on whether the money in their personal account has been fully withdrawn. If it has been fully withdrawn, it cannot be withdrawn. If it has not been fully withdrawn, their heir can receive the remaining portion of their personal account.

If a male employee who was originally scheduled to retire at the age of 63 (assuming uninterrupted payment of pension starting at the age of 23) unfortunately passes away at the age of 59, his legal heir can apply to the social security center to refund the personal payment part, that is, all the money in the male employee's personal account for 36 years of pension payment; If a person dies at the age of 64 and has already received 12 months of pension, their legal heir can receive the remaining amount after deducting the 12 months of pension from their personal account.

Of course, there may also be situations where retired employees continue to receive pensions for a long time until their personal account savings become zero. In this case, there will be a pooling part to cover it. After retirement, employees do not need to worry about how much personal account savings are left, and the state will ensure that basic pensions, including personal account pensions, are paid on time and in full.

If a insured person with flexible employment status or no work unit dies, the refund is not the full amount of personal payment, but the payment in progressInclusion in social security personal account storage amount and its interestTaking Shanghai as an example, the "Supplementary Notice on Relevant Issues Concerning the Participation of Flexible Employment Personnel in the Basic Pension Insurance for Employees in the City" (Hu Ren She Gui [2024] No. 3) clarifies that from March 1, 2024, the proportion of flexible employment personnel in Shanghai who pay the basic pension insurance premiums for employees will be adjusted from the current 24% to 20%, and the proportion included in their personal pension insurance account will still be 8% of their payment base. If a person passes away as a flexible worker, the refundable amount is 8% of their payment base.

(2) The protection of workers' rights and interests has been further strengthened.

Although there are only nine articles in the Measures, the tendency to strengthen the protection of workers' rights and interests is very obvious. Especially for workers who have exceeded the statutory retirement age, for the first time, legal requirements have been put forward to protect their basic rights and interests, filling the gap in current labor laws and regulations. At the same time, it is also proposed that the country strengthen the protection of the rights and interests of flexible employment and new forms of employment workers. With the development of society, the group of flexible employment personnel will continue to expand. The system for protecting the rights and interests of this group is currently not perfect, and further detailed rules are needed to clarify how flexible employment personnel can participate in pension insurance and obtain pension security.

(3) The cost of employing and dismissing elderly workers by employers will increase.

With the implementation of the policy of delaying retirement, the length of service of workers will be further extended, and the compensation and indemnity for terminating labor contracts will also increase accordingly. In addition, the welfare benefits behind the length of work experience will also increase, such as the length of medical treatment and sick leave pay, annual leave, seniority pay, etc., which will further increase labor costs.

(4) Helps alleviate the gap in income and expenditure of the pension insurance fund.

The change in the minimum payment period for pension from 15 years to 20 years will significantly increase the threshold for applying for pension insurance benefits. This requirement is expected to directly increase the income of the pension insurance fund and improve the country's financial and capacity to ensure people's livelihood.