Brief introduction of the case
Yesterday, Mr. Zhang called the hotline of this newspaper to report that due to the inconsistency between the social security file and the date of birth on the ID card, his sister could not receive the retirement pension she should have received this year, and they were very distressed.
Mr. Zhang said that in 2004, a fruit company where her sister was located went bankrupt, and all employees went through the "buyout" of their length of service. Last June+February, 5438, his sister finally looked forward to the day when she could get her pension, so she went to the relevant social security center to go through the formalities. But when people checked, there was no one! Check again, its age record is one year short. So I was told that I had to pay another year's old-age insurance premium, and I could only apply for a pension at 20 13 and 12. Mr. Zhang's sister counted her fingers. No, she has paid the full pension insurance (guarantee insurance). She can't make mistakes on this day. In order to dispel doubts, the social security center dug up her file. The original problem lies in the date of birth. The file says that Mr. Zhang's sister's date of birth is 1963.
"I was born in 1962. This is proved by the household registration book and ID card. Why is it recorded in the file as 1963? " Mr. Zhang's sister wants someone to help prove herself, but the original unit no longer exists, and this road is blocked. When asked about the social security center, the staff of the social security center said that they had no right to change files.
Yesterday, the reporter specifically consulted Taiyuan Human Resources and Social Security Bureau on this matter. People from relevant departments listened clearly to their purpose and dug up a document, which was the notice 1999 issued by the Ministry of Labor and Social Security on March 9, that is, the notice of the Ministry of Labor and Social Security on stopping and correcting issues related to handling early retirement of enterprise employees in violation of state regulations. It is clearly stipulated that the date of birth of employees shall be recognized, and the method of combining resident identity cards with employee files shall be implemented. If my ID card is inconsistent with the date of birth recorded in the file, the first date of birth recorded in my file shall prevail. The specific explanation is that under normal circumstances, the retirement time confirmed by the social security department is mainly based on the date of birth recorded in the earliest personnel file. If there is no personnel file, it is mainly confirmed by the date of birth recorded in the household registration book or ID card. However, if the date of birth of the employee's personnel file is inconsistent with that of the household registration file, the date of birth recorded in the earliest materials in the file shall be taken as the confirmation basis.
legal interpretation
According to the provisions of Document No.8 of the Ministry of Labor and Social Security (1999), the birth time of employees is determined by combining resident ID cards with employee files. If my ID card is inconsistent with the date of birth recorded in the file, the first time recorded in my file shall prevail.
In short, the retirement age is based on the first time recorded in my file. We can only do what they say. As long as you pay social security fees, you can receive social security according to law. You can also apply to modify the social security age.
The age of the insured can be changed after appraisal. The basis for the amendment is as follows:
I. The insured has a recruitment file of the labor and personnel department, and the age of the insured shall be determined according to the file age.
Second, if the insured has no recruitment and recruitment files of the labor and personnel department, his age shall be certified by the municipal archives with social relations, stamped with the official seal and attached with the ID card for future reference, and shall be handled after being verified.