How does the country stipulate internal retirement?

In our real life, we can often see that some workers have not reached the retirement age stipulated by law, and they can also retire within the enterprise. Many people may envy such people, but in fact, this is our statutory retirement, and many people want to know it clearly. What are the relevant legal provisions for retirement?

1. What are the relevant laws and regulations for resignation?

Retirement is an internal retirement policy formulated by enterprises according to their own conditions. The so-called retirement is initiated by the enterprise itself or the employees of the enterprise. It still pays old-age insurance in accordance with state regulations, and then retires at the legal age.

Latest regulations on retirement conditions of public institutions

(a) the staff of state organs, employees of enterprises and institutions, employees of state-owned restructuring enterprises who have terminated their labor relations or the disabled voluntarily apply for early retirement due to illness or non-work-related injuries;

(two) men over 50 years of age, women over 45 years of age (within the year of applying for medical retirement, the earliest record shall prevail). Applicants for resignation are not subject to age restrictions;

(three) to pay the old-age insurance premium (including deemed payment) for 15 years (institutions that are not included in the old-age insurance as a whole according to relevant regulations);

(4) Having valid medical information of the medical institution (original or photocopy with official seal).

Medical retirement appraisal procedure

(a) the appraisal of retirement from illness adopts the method of unified organization, public implementation and public conclusion, which is implemented by the provincial labor ability appraisal institutions, coordinated by the labor ability appraisal institutions of the city (state) and Changbai Mountain Protection Development Zone, and supervised by the supervision department throughout the appraisal work.

(2) Retired due to illness for two times, and the deadline for registration in the first half of the year was April 15, and the appraisers participated in the appraisal in the designated medical institutions in Changchun; The deadline for registration in the second half of the year is August 1, and the appraiser will go to the medical institution where the designated city (state) is located for appraisal. The specific appraisal time and place will be notified separately.

(three) the appraiser shall participate in the appraisal according to the determined time and place, and carry his second-generation ID card, valid medical records and auxiliary inspection materials.

(4) There is no charge for medical retirement appraisal registration. If the appraiser needs to make an auxiliary inspection at the appraisal site, the expenses shall be collected by the hospital according to the regulations and borne by the appraiser.

(five) 20 working days after the end of each appraisal, the appraisal conclusion will be issued to the city (state) and the labor ability appraisal institution of Changbai Mountain Protection Development Zone. The provincial appraisal institution shall publicize the appraisal conclusion for 3-5 days and accept supervision.

(six) all kinds of personnel retirement appraisal table format unchanged, unified production by the provincial labor ability appraisal center. Enterprises and institutions directly under the central government can download from the website of the provincial people's social welfare department.

Second, the funeral expenses collection process:

Bring the household registration book, the deceased's ID card, two medical insurance cards, one card (all cards should be consumed, and the cards should not be sent back), and three receipts issued by the cremation hall, and transfer them to the deceased unit. If the file of the deceased is not in the original unit, the original unit will handle a green shift certificate for you according to the documents you provide, and will leave one of the three receipts.

You can hand over your personal files to the archives of the Labor and Employment Bureau (department) in your area with the green file transfer certificate. If the children handle the file transfer, the spouse of the deceased must write a power of attorney to handle it. The staff of the archives department will ask you to copy the ID card and cremation receipt of the deceased to the archives room.

After pulling up the file of the deceased, at this point, you still have two receipts left in your hand. Keep one for yourself, take the last receipt (cremation receipt) to the community where the deceased is located, and ask the community director to stamp the circular seal of the community on the back of the receipt. You can take the cremation certificate, stamped receipt, personal file of the deceased and ID card to the special funeral office of the social insurance company to settle the one-time funeral subsidy.

The staff will check the salary data in your personal file with the data in the computer. After checking, four forms will be printed, the contents of which are funeral expenses in 400 yuan (slightly different regions) plus 10 monthly salary.

The funds needed to pay a one-time pension for the death of staff and retirees of public institutions shall be solved according to the original channels.

It can be clearly informed that internal retirement must be carried out in accordance with the relevant policies formulated within the enterprise. It is usually a policy implemented by enterprises to reduce costs. That is, internally, workers can retire early before a certain age stipulated by law.

Legal basis:

Paragraph 2 of Article 44 of the Labor Contract Law stipulates that the labor contract shall be terminated if the laborer begins to enjoy the basic old-age insurance benefits according to law.