"Enterprise Annuity" Must Be Standardized.

Lao Fu this year because of serious violation of unit rules and regulations, where the company and its dissolution of labor relations, and then because of marital discord, his wife filed a divorce request to him.

When dividing property, Lao Fu's wife suggested that Lao Fu had nearly 100 thousand yuan of "enterprise annuity" during his work and should be divided as a couple's common property.

Lao Fu also agreed with his wife's request, so he went to the personnel department of the former unit and asked to extract his "enterprise annuity".

Let old pay not think of, unit personnel department tells old pay: the unit's "enterprise employee annuity implementation plan" stipulates that the enterprise annuity contribution is composed of two parts: employee contribution and company contribution.

The amount of the company's contribution account is attributable to the change in the service life of the employee in the company, the service life is less than 2 years or the employee is dismissed because of the cause of the employee, the attributable ratio is 0.

Because the old payment system violates the employer's rules and regulations seriously, the total amount paid by the enterprise in the enterprise annuity has been returned to the company's account. The amount in the personal account of the annuity is only 30 thousand yuan. In addition, the annuity account can not be extracted at will, and it can only be paid when the old payment is retired.

Such a reply is foolish enough for Lao Fu to pay attention to, so is there a legal basis for such a solution of the personnel department?

1. The employer has the right to allocate the unit payment part according to the rules and regulations.

Enterprise annuity is an important part of the multi level endowment insurance system. The State encourages and encourages enterprises to establish an enterprise annuity plan for their employees according to their own economic strength and operating conditions.

In 2008, the general office of the Shanghai Municipal People's Government forwarded the notice of the municipal labor and Social Security Bureau and the Municipal Finance Bureau on the issues concerning the implementation of the enterprise annuity system in the city (Shanghai government office issued [No. 2008] No. 30), which clearly stated: "four, the account management and payment of the enterprise annuity..."

(two) enterprise payment shall be recorded in the employee's personal account according to the terms stipulated in the enterprise annuity plan provisions, and the personal payment of the employee shall be credited to the personal account in full.

(four) the payment of an enterprise has been credited to the part of the personal account, and the proportion of the individual person can be determined according to the length of work of the employee, and the proportion of ownership should be increased correspondingly with the increase of the working years. For the termination of labor relations at the end of the contract or the termination of labor relations due to enterprise reasons, the part of the enterprise's payment paid into the personal account should be wholly owned by the employees.

This means that the payment of an enterprise has been credited to the personal account, and the proportion of the individual can be determined according to the length of work of the employee, and the proportion of ownership will be increased correspondingly with the increase of working years.

An enterprise can exercise its own distribution rights according to the explicit terms in the annuity plan determined by the collective bargaining system or other democratic procedures, and within the term of the employee's current labor contract, even if the payment has been allocated and credited to an individual account, it can still be reconfirmed and adjusted according to the definite terms of ownership in the scheme.

Combined with the aforementioned cases in this article, the employer in accordance with its effective rules and regulations, the total amount of annuity paid to the enterprise has been returned to the company account. It is not illegal to stipulate the law, but the part of the worker's personal payment does not have the right to cancel the disposal.

Two, "enterprise annuity" can not be taken at any time.

The Ministry of labour and social security of People's Republic of China decrees No. twentieth "enterprise annuity trial method" Twelfth stipulates: "when the worker reaches the retirement age prescribed by the state, he may receive the enterprise annuity one or more from his personal account of the enterprise annuity."

If a worker fails to meet the retirement age prescribed by the state, he shall not withdraw funds from his personal account in advance.

The personal account funds of the enterprise annuity of the exit resettlement personnel may be disposable according to my requirements.

Give it to me. "

At the same time, the fourteenth provision of the method stipulates: "after the death of an employee or retiree, the balance of the personal account of the enterprise annuity will be collected by the beneficiary or the legal successor."

It can be seen that annuity is not a simple attribute.

It is a supplementary type of pension insurance.

In accordance with the relevant provisions of this Municipality, one of the following conditions can be applied for the application of enterprise annuity: 1., the statutory retirement age and the retirement (retirement) formalities; 2., the municipal labor capacity appraisal agency has been identified as completely losing the ability to work; 3. has been abroad and has settled abroad, and has gone through the formalities to terminate the basic old-age insurance relationship; and 4. of the insured workers are on the job.

Therefore, in the aforementioned cases, it is obviously not feasible for workers to extract "enterprise annuity" when dividing property.

Three, "enterprise annuity" does not belong to the common property of husband and wife.

There is another question in the preceding case. Does the "enterprise annuity" of laborers belong to the common property of husband and wife? There is a view that the annuity is deducted from the salary income of the employees, so the accumulative part of the enterprise annual inspection should belong to the joint property of husband and wife during the duration of the husband and wife relationship.

The author believes that the above point of view is open to question.

According to

"Enterprise annuity" refers to the voluntary supplementary pension insurance system established by enterprises and their employees on the basis of basic old-age insurance in accordance with the law.

When the worker reaches the retirement age prescribed by the state, he may receive the enterprise annuity one or more from his personal account of the enterprise annuity.

Enterprise annuity is essentially an old-age insurance premium that can be expected. It can only be obtained when the employee reaches the statutory retirement age or meets other agreed conditions.

The marriage law of China stipulates that the common property of husband and wife refers to the property acquired during the duration of the marital relationship between husband and wife.

If the workers do not have the conditions of receiving the enterprise annuity in the divorce fashion, the enterprise annuity has not been pformed into the common property of the husband and wife, so the enterprise annuity can not be treated as the common property of the husband and wife at this time.