(Adopted at the 11th Meeting of the Standing Committee of the 14th National People's Congress on September 13, 2024)
In order to thoroughly implement the decision and deployment of the Central Committee of the Communist Party of China on the gradual delay of the statutory retirement age, adapt to the new situation of population development in China, and fully develop and utilize human resources, in accordance with the Constitution, the 11th Meeting of the Standing Committee of the 14th National People's Congress has decided as follows:
1. Simultaneously start to delay the statutory retirement ages of male and female employees. Over a period of 15 years, gradually delay the statutory retirement age of male employees from the original 60 years old to 63 years old, and delay the statutory retirement ages of female employees from the original 50 years old and 55 years old to 55 years old and 58 years old respectively.
2. The implementation of the gradual delay of the statutory retirement age adheres to the principles of small-step adjustment, flexible implementation, classified promotion, and overall consideration.
3. Governments at all levels should actively respond to population aging, encourage and support the employment and entrepreneurship of workers, effectively protect the rights and interests of workers, and coordinate and promote related work such as elderly care and child care.
4. Approve the "Measures of the State Council on the Gradual Delay of the Statutory Retirement Age". The State Council may supplement and refine the implementation of these Measures according to actual needs.
5. This Decision shall come into effect as of January 1, 2025. The regulations on retirement age in the "Interim Measures of the State Council on the Resettlement of Elderly, Weak, Sick and Disabled Cadres" and the "Interim Measures of the State Council on the Retirement and Resignation of Workers" approved at the second meeting of the Standing Committee of the Fifth National People's Congress will no longer be in force.
Measures of the State Council on the Gradual Delay of the Statutory Retirement Age
Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement the spirit of the 20th National Congress of the Communist Party of China and the 2nd and 3rd Plenary Sessions of the 20th Central Committee of the Communist Party of China. Comprehensively consider factors such as China's average life expectancy, health level, population structure, national education level, and labor supply. In accordance with the principles of small-step adjustment, flexible implementation, classified promotion, and overall consideration, implement the gradual delay of the statutory retirement age. To do this work well, these Measures are specially formulated.
Article 1: Starting from January 1, 2025, for male employees and female employees with the original statutory retirement age of 55 years old, the statutory retirement age will be delayed by one month every four months, and will be gradually delayed to 63 years old and 58 years old respectively; for female employees with the original statutory retirement age of 50 years old, the statutory retirement age will be delayed by one month every two months and will be gradually delayed to 55 years old. Where there are other national regulations, such regulations shall prevail.
Article 2: Starting from January 1, 2030, the minimum payment period for employees to receive basic pensions on a monthly basis will be gradually increased from 15 years to 20 years, with an increase of six months per year. Employees who reach the statutory retirement age but do not meet the minimum payment period may, in accordance with the regulations, reach the minimum payment period through extended payment or one-time payment, and receive basic pensions on a monthly basis.
Article 3: Employees who reach the minimum payment period may voluntarily choose to retire early flexibly. The maximum early retirement period is no more than three years, and the retirement age must not be lower than the original statutory retirement ages of 60 years old for male employees and 50 years old and 55 years old for female employees. When employees reach the statutory retirement age and the employing unit agrees with the employees through negotiation, the retirement may be postponed flexibly for a maximum of three years. Where there are other national regulations, such regulations shall prevail. During the implementation, it is not allowed to violate the will of employees and illegally force or covertly force employees to choose the retirement age.
Article 4: The state will improve the incentive mechanism for old-age insurance. Encourage employees to receive more for longer payment, more payment, and later retirement. The calculation ratio of basic pensions is linked to an individual's cumulative payment period, the calculation base of basic pensions is linked to an individual's actual payment, and personal account pensions are determined according to factors such as an individual's retirement age and personal account balance.
Article 5: The state will implement the employment priority strategy to promote high-quality and full employment. Improve the public employment service system and the lifelong vocational skills training system. Support the employment and entrepreneurship of young people, strengthen the development of employment positions for older workers, and improve the employment assistance system for people in difficulties. Strengthen the prevention and governance of employment age discrimination, and encourage employers to absorb more older workers.
Article 6: Employing units that hire employees over the statutory retirement age shall ensure that employees obtain basic rights and interests such as labor remuneration, rest and vacation, labor safety and health, and work-related injury protection.
The state will strengthen the protection of the rights and interests of flexible employment and new employment form workers.
The state will improve the paid annual leave system.
Article 7: For those who receive unemployment insurance benefits and are less than one year away from the statutory retirement age, the period for receiving unemployment insurance benefits will be extended to the statutory retirement age. During the implementation of the gradual delay of the statutory retirement age, the unemployment insurance fund will pay the endowment insurance premiums for them as required.
Article 8: The state will standardize and improve the early retirement policies for special types of work and employees working in high-altitude areas. Employees engaged in special types of work such as underground, high-altitude, high-temperature, and extremely heavy physical labor as stipulated by the state, and employees working in high-altitude areas who meet the conditions may apply for early retirement.
Article 9: The state will establish a pension service system that coordinates home-based, community-based, and institutional care, and vigorously develop a universal childcare service system.
