(Issued on July 1, 2015 in accordance with Decree No. 127 of the People's Government of Guangzhou Municipality and put into effect on August 1, 2015)

　　Article 1These Rules are formulated in accordance with the Decision of the State Council on Improving the Basic Pension Insurance System for Enterprise Staff and other relevant rules, on the basis of the actual conditions of the Municipality and with a view to regulating the retiree social service administration work in the Municipality and promoting the development of retiree social service undertakings.

　　Article 2The term “retiree social service administration” refers to the retiree service administration by the town people’s government and/or sub-district office in the place where a retiree’s registered permanent residence is located, separately from his original employer, and the provision of appropriate services by the community service organization concerned after the retiree goes through formalities on retirement.

　　Article 3These Rules are applicable to following personnel who have participated in the social old-age pension/medical insurance scheme of the Municipality according to law and are entitled to monthly basic old-age pension benefits in the Municipality:

　　(1)Retirees of various organizations within the administrative area of the Municipality;

　　(2)Retirees under social insurance scheme who have registered permanent residences in the Municipality; and

　　(3)Other retirees required to be put under social service administration.

　　Article 4Municipal and district people’s governments shall incorporate the work with respect to retiree social service administration into national economic and social development plans to guarantee the availability of funds for retiree social service administration.

　　Article 5The municipal human resources and social security authority is responsible for the retiree social service administration work in the Municipality, and shall organize the implementation hereof.

　　The municipal finance, civil affairs, culture and sports authorities shall work together to implement these Rules based on their respective functions.

　　Article 6The municipal retiree social service agency is responsible for improving the retiree social service administration and shall participate in drafting the policies, development plans and standards on retiree social service administration, and shall: participate in the direction and supervision on each district’s retiree social service administration work; take charge of the survey, information collection, analysis and reporting on the retiree social service administration work of the Municipality, and organize inspection and assessment, etc.; undertake the transactional and supporting work with respect to the retiree social service administration in the Municipality

　　The retiree social service agency of a district is responsible for the retiree social service administration work of the district, and shall undertake the retiree social service administration work entrusted by the municipal retiree social service agency, direct and supervise the implementation of the retiree social service administration work of town people’s governments and sub-district offices, accept organizations’ applications for transfer of retirees to social service administration, and take charge of the centralized management of retirees’ personnel files.

　　Article 7The agency designated by a town people’s government or by a sub-district office is responsible for the retiree social service administration work within the area under its jurisdiction, and shall undertake following service administration items:

　　(1)Handling specific affairs with respect to retiree social service administration;

　　(2)Providing policy inquiry and advisory services with respect to retiree social service administration;

　　(3)Providing services for certification of entitlement to social insurance benefits;

　　(4)Helping the surviving dependents of deceased retiree receive funeral subsidies and death benefits;

　　(5)Tracking special retirees’ living condition, and helping depressed retirees;

　　(6)Providing health education and health care services;

　　(7)Organizing retirees to carry out cultural and sport activities;

　　(8)Directing retirees’ self-management and mutual assistance;

　　(9)Other matters with respect to retiree social service administration.

　　Community resident committees and villager committees are responsible for assisting agencies designated by town people’s governments and by sub-district offices in carrying out such service administration as mentioned above.

　　Article 8Contributions to the funds for socialized retiree management activities and the fees for settlement of special retirees shall be made by an employer in one time, included in fiscal budgets, and administered through separation between revenues and expenditures.

　　The funds for socialized management of retiree under social insurance scheme shall be guaranteed by municipal and district treasuries.

　　The methods on raising, use and management of the funds for socialized retiree management activities and the fees for settlement of special retirees shall be formulated by the municipal human resources and social security authority jointly with the municipal finance authority.

　　Article 9Where an employer closes down, discontinues production, is restructured or declared bankrupt by a court, the funds for socialized retiree management activities and the fees for settlement of special retirees contributed by the employer may be disbursed from the liquidation and maintenance fees, property of the estate or other own funds related to the closedown, discontinuation of production, bankruptcy or restructuring according to law.

　　Article 10Procedures for an employer to transfer retirees to retiree social service administration:

　　(1)Formulation of a transfer plan. The content of the transfer plan shall include the basic information of the retirees proposed to be transferred, including the number, ages, physical condition and residence distribution of such transferees; the transfer steps and schedule; after such transfer, the methods for treatment of welfare benefits beyond the employer’s overall program and the responsibility the employer should continue to take; the raising and methods of payment of various transfer funds. The transfer plan shall be subject to full negotiation with retirees and adoption at the congress of staff.

　　(2)Announcement of the Transfer Plan. The employer shall announce the plan for transfer of retirees to social service administration by holding a retiree transfer meeting or through the internal office system or factory affairs bulletin board, and the period of announcement shall be no less than 10 days.

　　(3)Three-party negotiation. The employer, its trade union, and retirees’ representatives shall establish a three-party negotiation mechanism, and agree on such issues as the welfare benefits beyond the employer’s overall program. The employer shall sign an agreement on transfer to social service administration with retirees in accordance with the terms agreed among the three parties.

　　(4)Transfer. The employer and the retiree social service agency in the district where a retiree’s registered permanent residence is located shall sign an agreement on transfer of the retiree to social service administration, and as required, provide a name list of retirees and the agreement on transfer to social service administration between the employer and the retiree, hand over personnel files and other materials, and make contribution to the funds for socialized management of retirees, special retiree settlement fees and other funds.

　　(5)Change in the participating organization under the social insurance scheme. The employer shall go to the social insurance handling agency in the district where a retiree’s registered permanent residence is located to go through the formalities on the change in the participating organization under retiree social insurance program.

　　Where the retiree’s registered permanent residence is not in the Municipality, the employer shall hand over relevant documents to the retiree social service agency in the district where the employer is located and pay relevant fees, in accordance with the procedures specified in the first paragraph of this Article.

　　A retiree under social insurance scheme may go to the agency designated by the town people’s government or sub-district office in the place where his registered permanent residence is located to go through formalities on social service administration, and register relevant personal information after going to the social insurance handling agency in the district where his registered permanent residence is located to go through the formalities on retirement.

　　Article 11Where a retiree migrates across districts in the Municipality the registered permanent residence, the retiree may apply for transfer of affiliation with social service administration to the retiree social service agency in the district where the original registered permanent residence is located. The retiree social service agency shall transfer the retiree’s personnel files and funds for socialized management activities to the retiree social service agency in the district where his current registered permanent residence is located, in accordance with the principles of transfer of fees along with retirees and annual deduction.

　　Article 12After transferring a retiree to social service administration, an employer shall continue to pay welfare benefits as agreed among three parties beyond the social insurance scheme, and shall not arbitrarily reduce retirees’ welfare benefits at the excuse of such transfer.

　　Article 13Retiree social service agencies may entrust professional service institutions by purchasing social services to carry out social service administration and provide depressed retirees with life care, emergency rescue, medical care, spiritual comfort, counseling, legal services and other services.

　　Town people’s government, sub-district offices, and communities shall arrange for non-profit social organizations and volunteers to provide voluntary services for retirees, particularly, retirees of no family, disabled, old-aged and other depressed retirees.

　　Article 14Retiree social service agencies shall establish a visiting system, regularly visit and express sympathy to retirees of no family, mentally ill, disabled, solitary, old-aged, badly ill and destitute retiree and other key objects, and give priority to satisfying their needs for services.

　　Retiree social service agencies shall establish a condolence system, condole with critically ill and hospitalized retirees and surviving dependents of deceased retirees, and express sympathy to retirees at Chinese New Year, Mid-Autumn Festival and other major festivals.

　　Article 15Retirees who meet such conditions for entitlement to community home-based aged care services as prescribed by the civil affairs authority are covered by community home-based aged care services. With regard to the special retirees who do not meet such conditions for entitlement to community home-based aged care services as prescribed by the civil affairs authority, retiree social service agencies shall provide such special retirees with home-based aged care services by way of entrustment, purchasing or otherwise. Any special retiree who has paid the settlement fee may make a written application himself or through his custodian to live in retirement at an elder care house or mental house.

　　Article 16Culture, education and sports authorities and town people’s governments, sub-district offices and communities shall carry out cultural, educational and sport activities for retirees, run retiree schools, organize various topic lectures and avocation trainings, etc., and enrich retirees’ spiritual and cultural life.

　　Each district shall incorporate the construction of venues for retiree activities into local development plans, and set venues for retiree learning activities, with a reasonable size and complete facilities and services, in the light of local characteristics and retirees’ needs.

　　Culture, education, sports and civil affairs authorities as well as trade unions at all levels shall provide retirees with concessions and conveniences when carrying out activities at venues for non-profit cultural, educational and sport activities. Employers’ existing venues and facilities for retiree activities shall continue to be open to retirees.

　　Article 17Where any retiree’s legal rights and interests are damaged when accepting social service administration, the retiree will have the right to complain to a competent authority, and this authority shall then timely deal with it and notify the complainant of the results.

　　Article 18Retiree social service agencies shall timely do well in gathering retiree information, establish a municipal unified retiree social service administrative information system, improve the IT management of the personnel files of retirees, interface with government information sharing platforms, carry out dynamic administration, and provide the public with information services.

　　Article 19Retiree social service agencies and their functionaries shall protect retirees’ personal information according to law, and may not disclose it without authorization.

　　Article 20Where any retiree social service agency and any of its functionaries fails to perform their duties with respect to retiree social service administration, abuses their power, neglects their duty or commits malpractice for personal gains, an sanction shall be imposed on the person in charge and other person directly responsible; if a crime is suspected to be constituted, the case shall be referred to the competent judicial organ for handling.

　　Article 21No employer may intentionally conceal the reality of a retiree or forge relevant materials, nor may any employer make no or less contribution to the funds for socialized management of retirees or special settlement fees for retiree. Where any employer is in the circumstance above, the human resources and social security authority shall order it for payment within a stipulated time limit; if failing to make timely payment, the employer shall also be imposed a fine of RMB 30,000 to RMB 50,000.

　　Article 22The term “retiree under social insurance scheme” herein refers to any social person that meets the conditions for retirement, has no employer to rely on, and applies for going through the formalities on retirement in his/her personal capacity.

　　The term “special retiree” herein refers to any retiree who has neither spouse nor children, or is medically identified to suffer from a Level 1-4 mental disorder or a Level 1-4 work-related disability.

　　Article 23These Rules shall become effective as of August 1, 2015. The Interim Measures of Guangzhou Municipality on the Administration of the Settlement of Staff of Reorganized and Restructured Enterprises (Decree No. 〔1994〕103 of the People’s Government of Guangzhou Municipality) shall be abolished accordingly.