Xinhua News Agency, Beijing, September 13
Decision of the Standing Committee of the National People's Congress on the Implementation of Gradual Delay of the Statutory Retirement Age
(Adopted at the 11th Meeting of the Standing Committee of the 14th National People's Congress on September 13, 2024)
In order to thoroughly implement the decision-making and deployment of the Party Central Committee on the gradual delay of the statutory retirement age, adapt to the new situation of my country's population development, and fully develop and utilize human resources, in accordance with the Constitution, the 11th Meeting of the Standing Committee of the 14th National People's Congress decided:
1. Simultaneously start delaying the statutory retirement age of male and female employees, and use 15 years to gradually delay the statutory retirement age of male employees from the original 60 years old to 63 years old, and the statutory retirement age of female employees from the original 50 years old and 55 years old to 55 years old and 58 years old respectively.
2. The implementation of the gradual delay of the statutory retirement age adheres to the principles of small-step adjustment, flexible implementation, classified promotion, and overall consideration.
3. People's governments at all levels should actively respond to the aging of the population, encourage and support workers to find employment and start businesses, effectively protect the rights and interests of workers, and coordinate and promote related work such as elderly care and childcare.
4. Approve the "Measures of the State Council on Gradually Delaying the Legal Retirement Age". The State Council may supplement and refine the implementation of these measures according to actual needs.
5. This decision shall come into force on January 1, 2025. The provisions on retirement age in the "Interim Measures of the State Council on the Placement of Old, Weak, Sick and Disabled Cadres" and the "Interim Measures of the State Council on the Retirement and Resignation of Workers" approved by the Second Session of the Standing Committee of the Fifth National People's Congress shall no longer be implemented.
Measures of the State Council on Gradually Delaying the Legal Retirement Age
Adhere to the guidance of the new era of socialism with Chinese characteristics, thoroughly implement the spirit of the 20th National Congress of the Communist Party of China and the Second and Third Plenary Sessions of the 20th Central Committee, comprehensively consider factors such as my country's life expectancy, health level, population structure, national education level, and labor supply, and implement the gradual delay of the legal retirement age in accordance with the principles of small-step adjustment, flexible implementation, classified promotion, and overall consideration. In order to do a good job in this work, this measure is specially formulated.
Article 1 From January 1, 2025, the statutory retirement age of male employees and female employees whose original statutory retirement age is 55 years old shall be delayed by one month every four months, and gradually delayed to 63 years old and 58 years old respectively; the statutory retirement age of female employees whose original statutory retirement age is 50 years old shall be delayed by one month every two months, and gradually delayed to 55 years old. If the state has other provisions, they shall prevail.
Article 2 From January 1, 2030, the minimum payment period for employees to receive basic pension on a monthly basis shall be gradually increased from 15 years to 20 years, and increased by six months each year. Employees who have reached the statutory retirement age but have not reached the minimum payment period may reach the minimum payment period by extending the payment or making a lump sum payment in accordance with the regulations and receive basic pension on a monthly basis.
Article 3 Employees who have reached the minimum payment period may voluntarily choose to retire flexibly in advance, and the advance time shall not exceed three years, and the retirement age shall not be lower than the original statutory retirement age of 50 years, 55 years for female employees and 60 years for male employees. If an employee reaches the statutory retirement age, the employer and the employee reach an agreement, and the retirement can be flexibly delayed, and the delay time shall not exceed three years. If the state has other provisions, they shall prevail. In the implementation, the employee's will shall not be violated, and the employee shall not be forced or forced in disguise to choose the retirement age in violation of the law.
Article 4 The state shall improve the incentive mechanism for pension insurance. Employees are encouraged to pay more for a longer period of time, pay more for more, and retire later to get more. The calculation ratio of the basic pension is linked to the individual's cumulative payment period, the calculation base of the basic pension is linked to the individual's actual payment, and the personal account pension is determined based on factors such as the individual's retirement age and the amount of personal account balance.
Article 5 The state shall implement an employment priority strategy to promote high-quality full employment. Improve the employment public service system and improve the lifelong vocational skills training system. Support young people's employment and entrepreneurship, strengthen the development of employment positions for older workers, and improve the employment assistance system for people in difficulties. Strengthen the prevention and governance of employment age discrimination and encourage employers to absorb more older workers into employment.
Article 6 Employers who recruit workers over the statutory retirement age shall ensure that the workers obtain basic rights and interests such as labor remuneration, rest and vacation, labor safety and health, and work-related injury insurance.
The state shall strengthen the protection of the rights and interests of workers in flexible employment and new employment forms.
The state shall improve the paid annual leave system.
Article 7 For those who receive unemployment insurance benefits and are less than one year away from the statutory retirement age, the period of receiving unemployment insurance benefits shall be extended to the statutory retirement age. During the implementation of the gradual delay of the statutory retirement age, the unemployment insurance fund shall pay pension insurance premiums for them in accordance with the regulations.
Article 8 The state shall standardize and improve the early retirement policy for special occupations. Employees engaged in special occupations stipulated by the state, such as underground, high altitude, high temperature, and particularly heavy physical labor, as well as those working in high altitude areas, may apply for early retirement if they meet the conditions.
Article 9 The state shall establish a pension service system that coordinates home and community institutions and combines medical care and health care, and vigorously develop a universal childcare service system.
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