Interim Measures for the Implementation of Flexible Retirement System

Ministry of Human Resources and Social Security, the Organization Department of the Communist Party of China Central Committee, and the Ministry of Finance Notice on Printing and Issuing the "Interim Measures for the Implementation of the Flexible Retirement System"

To the Organization Departments of the Party Committees, the Human Resources and Social Security Departments, and the Finance Departments of all provinces, autonomous regions, municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps:

In order to implement the "Decision of the Standing Committee of the National People's Congress on Implementing the Gradual Delayed Statutory Retirement Age", we have formulated the "Interim Measures for the Implementation of the Flexible Retirement System". It is hereby printed and issued to you. Please earnestly implement it in light of the actual situation. In case of new situations or problems during the implementation, please report them in a timely manner.

Ministry of Human Resources and Social Security, the Organization Department of the Communist Party of China Central Committee, the Ministry of Finance

December 31, 2024

Interim Measures for the Implementation of the Flexible Retirement System

In order to implement the "Decision of the Standing Committee of the National People's Congress on Implementing the Gradual Delayed Statutory Retirement Age", reflect the principles of voluntariness and flexibility, effectively safeguard the legitimate rights and interests of employees, and promote the development and utilization of human resources, these measures are formulated.

Article 1: Employees who have reached the minimum payment period for receiving the basic pension on a monthly basis as stipulated by the state may voluntarily choose to retire early on a flexible basis. The maximum time in advance of the statutory retirement age shall not exceed 3 years, and the retirement age shall not be lower than the original statutory retirement ages of female employees at 50 years old or 55 years old and male employees at 60 years old.

Article 2: Employees who voluntarily choose to retire early on a flexible basis shall inform their employing units in writing at least 3 months before the retirement time they have chosen.

Article 3: Where employees retire at the statutory retirement age, their employing units shall promptly handle the retirement formalities for them.

Article 4: When employees reach the statutory retirement age, if the employing units and the employees reach a consensus through consultation, they may delay retirement on a flexible basis. The maximum time of delayed retirement from the statutory retirement age shall not exceed 3 years. The employing units and the employees shall clearly define matters such as the time of delayed retirement in writing one month in advance. Once the time of flexible delayed retirement is determined, it shall not be extended.

Civil servants, leaders of state-owned enterprises and institutions, and other management personnel shall handle the retirement formalities in a timely manner when they reach the statutory retirement age.

Article 5: During the period of flexible delayed retirement, the labor relations or personnel relations between the employing units and the employees shall continue, and the units and the employees shall pay social insurance premiums in full and on time, and safeguard the legitimate rights and interests of the employees in accordance with laws and regulations such as the Labor Contract Law and the Regulations on the Personnel Management of Public Institutions.

Article 6: When employees reach the time of flexible delayed retirement, the labor relations or personnel relations shall be terminated, and the employing units shall handle the retirement formalities for them in accordance with regulations. During the period of flexible delayed retirement, if the employing units and the employees reach a consensus through consultation, they may terminate the flexible delayed retirement and handle the retirement formalities in accordance with regulations.

Article 7: Employees who choose to retire early on a flexible basis shall meet the minimum payment period corresponding to the year of the retirement time they have chosen; employees who choose to delay retirement on a flexible basis shall meet the minimum payment period corresponding to the year of their statutory retirement age.

Article 8: The employing units shall submit applications for receiving the basic pension to the social insurance agencies in accordance with regulations no later than the month when the employees choose to retire, and truthfully provide materials such as applications for retirement time.

Article 9: Social insurance agencies shall promptly review the applications for receiving the basic pension. Employees shall start receiving the basic pension from the next month after the retirement time that has been approved.

Article 10: For those who have already received the basic pension, applications for flexible retirement will no longer be accepted.

Article 11: All regions and units shall strictly implement the state regulations, fully respect the wishes of employees, and safeguard their rights to choose the retirement age in accordance with the law. Employing units shall not violate the wishes of employees and illegally force or covertly force employees to choose the retirement age.

Article 12: Social insurance agencies at all levels shall explore and expand retirement services and take the initiative to provide pre-guidance on handling retirement formalities and pre-acceptance services for insured persons approaching the retirement age.

Article 13: For staff members of government agencies and state-owned enterprises and institutions who choose flexible retirement, they shall be submitted for approval and consent in accordance with the authority for cadre and personnel management and the prescribed procedures.

Article 14: These Measures shall come into effect on January 1, 2025. Persons who had reached the original statutory retirement age before December 31, 2024, shall not be applicable to these Measures.