Enterprise Occupational Pension Scheme
企业年金
Voluntary participation
- Enterprise employees (who have passed their probation period).
- Plans are determined through collective agreements; plans are submitted to the employee congress or to all employees for discussion and approval.
General finances
- Fully funded personal pension plans based on contribution and capital revenues.
Contribution rates
- Contribution payments are usually split between the employer and the employee (proportions vary).
- Employer contributions: maximum 8% of the total sum of wages paid by employers to their employees.
- The sum of the contributions of employer and employees shall not exceed 12% of the total sum of wages paid by the employer to his/her employees.
State support
- Contribution payments of the employee are deducted from the individual income tax base.
- Contribution payments of the employer which are placed in the individual accounts are deducted from the individual income tax base.
- Contribution payments of the employer which are not placed in the individual accounts (up to 5% of the total wage) are deducted from the enterprise income tax base.
- Capital revenues distributed in the individual accounts are deducted from the individual income tax base.
- Employer signs a trust contract on behalf of the client with the trustee to implement plans; pension plans either organised internally by the ‘Enterprise Occupational Pension Council’ (企业年金理事会) or implemented by external institutions.
- Enterprise Occupational Pension Council: is composed of representatives of the employer and the employees and sometimes external professionals; employee representatives shall be no less than one third of the members.
- The ‘Local Social Security Authorities’ supervise the implementation of the schemes.
- Plans shall be submitted to the ‘Social Security Authorities’; if the authorities have not raised any objection within 15 days after receiving the plans, the plans will come into effect.
- The employee is entitled to occupational pension benefits after reaching the statutory retirement age of the basic old age pension insurance scheme for employees or on grounds of work incapacity.
- The accumulated capital based on employer contributions and its capital revenues belongs to the employee after a period defined in the collective agreement (no more than 8 years) or in case of: reaching the respective statutory retirement age of the basic old age pension insurance scheme for employees, work incapacity or death; termination of occupational pension plan; employer’s termination of the labour contract not due to the employee’s fault or employee’s termination of labour contract due to the employer’s violation of law; expiration of labour contract and no renewal due to employer’s reasons; fulfilment of other conditions regulated by the enterprise occupational pension plans.
- Primarily based on the amount of contributory earnings, length of contribution period and capital revenues.
- Option for monthly annuity (until the accumulated capital is completely paid), or lump sum payments (possibility of inheritable rights on the remaining capital); option for one-time payment (of all or part of the accumulated capital in the individual account) if it is used for purchasing commercial pension insurance products; in case of death of the participant, possibility of inheritance of the accumulated amount in the individual account; possibility of lump sum payment of the accumulated capital if the employee is being relocated abroad.
Taxation on pension payments
- Pension payments are subject to income tax.
- Information on social security contributions is currently not available.
Voluntary participation
- Enterprise employees (who have passed their probation period).
- Plans are determined through collective agreements; plans are submitted to the employee congress or to all employees for discussion and approval.
General finances
- Fully funded personal pension plans based on contribution and capital revenues.
Contribution rates
- Contribution payments are usually split between the employer and the employee (proportions vary).
- Employer contributions: maximum 8% of the total sum of wages paid by employers to their employees.
- The sum of the contributions of employer and employees shall not exceed 12% of the total sum of wages paid by the employer to his/her employees.
State support
- Contribution payments of the employee are deducted from the individual income tax base.
- Contribution payments of the employer which are placed in the individual accounts are deducted from the individual income tax base.
- Contribution payments of the employer which are not placed in the individual accounts (up to 5% of the total wage) are deducted from the enterprise income tax base.
- Capital revenues distributed in the individual accounts are deducted from the individual income tax base.
- Employer signs a trust contract on behalf of the client with the trustee to implement plans; pension plans either organised internally by the ‘Enterprise Occupational Pension Council’ (企业年金理事会) or implemented by external institutions.
- Enterprise Occupational Pension Council: is composed of representatives of the employer and the employees and sometimes external professionals; employee representatives shall be no less than one third of the members.
- The ‘Local Social Security Authorities’ supervise the implementation of the schemes.
- Plans shall be submitted to the ‘Social Security Authorities’; if the authorities have not raised any objection within 15 days after receiving the plans, the plans will come into effect.
- The employee is entitled to occupational pension benefits after reaching the statutory retirement age of the basic old age pension insurance scheme for employees or on grounds of work incapacity.
- The accumulated capital based on employer contributions and its capital revenues belongs to the employee after a period defined in the collective agreement (no more than 8 years) or in case of: reaching the respective statutory retirement age of the basic old age pension insurance scheme for employees, work incapacity or death; termination of occupational pension plan; employer’s termination of the labour contract not due to the employee’s fault or employee’s termination of labour contract due to the employer’s violation of law; expiration of labour contract and no renewal due to employer’s reasons; fulfilment of other conditions regulated by the enterprise occupational pension plans.
- Primarily based on the amount of contributory earnings, length of contribution period and capital revenues.
- Option for monthly annuity (until the accumulated capital is completely paid), or lump sum payments (possibility of inheritable rights on the remaining capital); option for one-time payment (of all or part of the accumulated capital in the individual account) if it is used for purchasing commercial pension insurance products; in case of death of the participant, possibility of inheritance of the accumulated amount in the individual account; possibility of lump sum payment of the accumulated capital if the employee is being relocated abroad.
Taxation on pension payments
- Pension payments are subject to income tax.
- Information on social security contributions is currently not available.
Legal Basis: Regulation on the Implementation of the Individual Income Tax Law of the People's Republic of China (中华人民共和国个人所得税法实施条例); Measures for Enterprise Occupational Pension (企业年金办法), 01/02/2018; Notice of the Ministry of Finance, the Ministry of Human Resources and Social Security and the State Administration of Taxation on Issues concerning Individual Income Tax on Enterprise Occupational Pension or Occupational Pension (财政部、人力资源社会保障部、国家税务总局关于企业年金、职业年金个人所得税有关问题的通知), 财税[2013]103号; Notice of the Ministry of Finance and the State Administration of Taxation on Issues Concerning the Connection of Preferential Policies after the Individual Income Tax Law Is Amended (财政部、国家税务总局关于个人所得税法修改后有关优惠政策衔接问题的通知), 财税[2018]164号; Notice of the Ministry of Finance and the State Administration of Taxation on Issues Concerning Enterprise Income Tax Policies for Supplementary Pension Insurance Contributions and Supplementary Medical Insurance Contributions (财政部、国家税务总局关于补充养老保险费、补充医疗保险费有关企业所得税政策问题的通知), 财税[2009]27号.