Decision of the Standing Committee of the National People's Congress on Implementing a Progressive Delay in the Statutory Retirement Age

(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 Party Central Committee's decision-making and deployment on gradually delaying the statutory retirement age, adapt to the new situation of my country's population development, 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 decided:

1. Delay the statutory retirement age for male and female employees simultaneously. Over fifteen years, the statutory retirement age for male employees will be gradually extended from the original 60 years old to 63 years old, and the legal retirement age for female employees will be postponed from the original 50 years old and 55 years old to 55 years old and 58 years old respectively.

2. Implement the gradual extension of the statutory retirement age and adhere to the principles of small-step adjustment, flexible implementation, classified advancement, and overall planning.

3. People's governments at all levels should actively respond to the aging of the population, encourage and support workers to find employment and start businesses, effectively protect workers' rights and interests, and coordinate and promote related work such as elderly care and childcare.

4. Approved the "Measures of the State Council on Gradually Postponing the Statutory Retirement Age". The State Council may supplement and refine the implementation of these Measures based on actual needs.

5. This decision will come into effect on January 1, 2025. The provisions on the retirement age in the "Interim Measures of the State Council for the Placement of Elderly, Weak, Sick and Disabled Cadres" and the "Interim Measures of the State Council on the Retirement and Retirement of Workers" approved by the Second Session of the Standing Committee of the Fifth National People's Congress will no longer be implemented.

Measures of the State Council on Gradually Postponing 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 Second and Third Plenary Sessions of the 20th Central Committee of the Communist Party of China, comprehensively consider my country's average life expectancy, health level, population structure, national education, labor supply and other factors, and implement a gradual extension of the statutory retirement age in accordance with the principles of small-step adjustment, flexible implementation, classified advancement, and overall planning. In order to do this job well, this method has been specially formulated.

Article 1 Starting from January 1, 2025, the legal retirement age for male employees and female employees whose original legal retirement age is 55 years old will be postponed by one month every four months, and gradually extended to 63 years old and 58 years old respectively; for female employees whose original legal retirement age was 50 years old, the legal retirement age will be postponed by one month every two months, and gradually extended to 55 years old. If the state has other 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 fifteen years to twenty years, with an increase of six months each year. If an employee reaches the statutory retirement age but is less than the minimum payment period, he or she can reach the minimum payment period by extending payment or making a one-time payment in accordance with regulations, and receive a basic pension on a monthly basis.

Article 3 When employees reach the minimum payment period, they may voluntarily choose to flexibly retire early. The maximum advance time shall not exceed three years, and the retirement age shall not be lower than the original statutory retirement age of 50 and 55 years for female employees and 60 years for male employees. When an employee reaches the statutory retirement age, and if the employer and the employee reach an agreement through consultation, they can flexibly delay retirement, with the maximum delay time not exceeding three years. If the state has other regulations, such regulations shall prevail. During implementation, employees must not be forced to choose their retirement age against their will, illegally or in disguised form.

Article 4 The state shall improve the incentive mechanism for pension insurance. Encourage employees to pay more if they pay more, get more if they pay more, and get more if they retire later. The basic pension calculation and payment ratio is linked to the individual's cumulative payment years, the basic pension calculation and payment base is linked to the individual's actual payment, and the personal account pension is determined based on factors such as the individual's retirement age and the amount of personal account savings.

Article 5 The state implements the employment priority strategy and promotes high-quality and full employment. Improve the employment public service system and improve the lifelong vocational skills training system. Support young people's employment and entrepreneurship, strengthen job development for older workers, and improve the employment assistance system for people in need. Strengthen the prevention and treatment of age discrimination in employment and encourage employers to recruit more older workers.

Article 6 When an employer recruits workers who have exceeded the legal retirement age, it shall ensure that the workers receive basic rights and interests such as labor remuneration, rest and vacation, labor safety and health, and work-related injury protection.

The state strengthens the protection of workers’ rights and interests in flexible employment and new forms of employment.

The state has improved 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 of receiving unemployment insurance benefits will be extended to the statutory retirement age. During the period of implementation of the gradual postponement of the statutory retirement age, the unemployment insurance fund will pay pension insurance premiums for them in accordance with regulations.

Article 8 The state regulates and improves early retirement policies for special types of work and other types of work. Employees who are engaged in special types of work specified by the state such as underground, high-altitude, high-temperature, particularly heavy manual labor, and employees who work in high-altitude areas can apply for early retirement if they meet the conditions.

Article 9 The state shall establish an elderly care service system that coordinates home and community institutions and combines medical and health care, and vigorously develop an inclusive childcare service system.

appendix:

1. Comparison table of delayed statutory retirement age for male employees

2. Comparison table of delayed statutory retirement age for female employees whose original statutory retirement age is 55 years old

3. Comparison table of delayed statutory retirement age for female employees whose original statutory retirement age is 50 years old

4. Table on increasing the minimum payment period