Is there any objection to the working period of public institutions?Find the subject of approval first

Text/Haidian Court Huang Yue

Due to the objection to the participation time and retirement time, Ms. Li complained the Social Security Fund Management Center (hereinafter referred to as the District Social Security Center) to the court, requiring the district social security center to correct Ms. Li's "Beijing Institution's Retirement Personnel Basic Pension Insurance Treatment Form Participate in work time and retirement time. The Haidian Court tried and ruled that the plaintiff Ms. Li's prosecution was rejected.

Ms. Li complained that the "Social Security Economic Office Opinions" position in the "Social Security Economic Office" position in the "Basic Pension Insurance Benefits for Persons in Beijing Institutions" is stamped with seals of the district social security center. The District Social Security Center has entered the error message in terms of working hours and total working age, so he claims to the court to ask for correction.

The District Social Security Center argued that Ms. Li belongs to the retirees of public institutions. Her archive information entry and the approval of pension benefits does not belong to our unit's legal powers. Our unit is only responsible for issuing pension insurance to it.

The court believes that Ms. Li sued that the court was confirmed by the District Social Security Center's participation time and retirement time in the "Beijing Institute of Institutions' Retirement Personnel Basic Pension Insurance Benefits" and the retirement time did not conform to the facts, and ordered to correct it. However, the retirees of Ms. Li in the public institution, according to the regulations, the district social security center only issued basic endowment insurance benefits from the basic endowment insurance funds according to the results of the relevant approval. The statutory duties identified, so the lack of factual basis for Ms. Li's prosecution and did not meet the conditions of the prosecution. The court ruled that her prosecution was rejected.

After the sentence, Ms. Li appealed, and the second trial ruled that the ruling had come into effect.

The judge reminds:

According to the "Decision of the State Council on the Reform of the Endowment Insurance System of Staff of Institutions and Institutions" (Article 11 of Guofa [2015] No. 2), social insurance agencies shall do a good job of registering and payment declaration of pension insurance for institutions and institutions of institutions and institutions. , Relationship transfer, treatment verification and payment. Article 12 of the "Implementation Measures for the Reform of the Endowment Insurance System of Beijing Municipal Government Institutions and Institutions" stipulates that social insurance agencies at all levels shall do a good job of registering, payment declaration, relationship transfer, treatment approval and payment of pension insurance participation insurance insurance for institutions and institutions at all levels. Wait for work. Article 1 and 2 of the "Notice on the Relations of the Pension Beauty of Beijing Government Institutions and Institutions" of Jingren and Social Security [2016] No. 79 stipulates that from October 1, 2014, the retirees of the municipal agencies and institutions of the institutions of the municipal government agencies Basic endowment insurance benefits are included in the payment of basic endowment insurance funds of institutions and institutions in institutions and institutions, and the social insurance agency is issued.

In accordance with relevant state regulations, this reform only adjusts the existing distribution channels of the existing distribution projects, does not increase or decrease and standardize existing distribution projects, and does not change the management authority of existing personnel cadres. It can be seen that the social insurance agency is only responsible for the distribution of endowment insurance benefits in Beijing's public institutions, and has no entry and approval powers. The personnel file information of the retired personnel of the public institution shall be filled in by the unit and shall submit the retirement application form and materials to the superior administrative department to the superior executive department. Therefore, if there are objections to the working years and the approval of the treatment of the retirees of the institution, the request shall be requested to the competent administrative organs, not the social insurance agency.

(The text is a pseudonym)

- END -