Ling Canwei, lawyer, legal adviser.
Practice for 8 years | Sichuan Liming Law Firm
Good at: divorce, criminal defense, traffic accidents.
consult
Legal analysis: 1, and the one-time payment period of the insured is 15, which is calculated and determined from the payment month.
2. Among them, demobilized soldiers will not pay according to length of military service before July 1 (deemed as the payment period), and the longest payment will be to length of military service 15 and length of military service 15.
3. For the insured who have participated in the basic old-age insurance for employees in urban enterprises and reached retirement age (men over 60 years old and women over 55 years old), if the payment period is less than 15 years and meets the conditions for repayment, they can go through retirement procedures when they reach 15 years, and the payment period is calculated and determined from the time of initial enrollment. For the insured who meets the payment requirements but has not reached retirement age, the payment period from normal payment to retirement age can be supplemented by 15 years, or the payment period from normal payment to retirement age can be calculated first, and then the payment can be made in one lump sum to retirement age.
Legal basis: People's Republic of China (PRC) Social Insurance Law.
Article 58 An employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.
The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.
Article 63 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.
If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.
If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.