国务院关于工人退休退职的暂行办法

State Council Provisional Regulations on Retirement and Resignation of Workers

老年工人和因工、因病丧失劳动能力的工人，对社会主义革命和建设做出了应有的贡献。妥善安置他们的生活，使他们愉快地度过晚年，这是社会主义制度优越性的具体体现，同时也有利于工人队伍的精干，对实现我国的四个现代化，必须将起促进作用，为了做好这项工作，特制定本办法。

Old workers and workers incapacitated at work or from illness have made their due contributions to the Socialist Revolution and Construction. To resettle them properly so that they may lead a happy life in their twilight years is a concrete demonstration of the superiority of the Socialist system. This is conducive to consolidating the contingent of workers, and is certainly helpful to the realization of the Four Modernizations. The following regulations are specially drawn up to deal with the problem in an appropriate way:

第一条 全民所有制企业、事业单位和党正机关、群众团体的工人，符合下列条件之一的，应该退休。

Article 1 Workers in State-owned enterprises and undertakings. Party and government institutions, and mass organizations who comply with one of the following conditions should retire.

（一）男年满六十周岁，女年满五十周岁，连续工龄满十年的。

(1)Males reaching the age of 60 and females 50 with a seniority of ten years of continuous service.

（二）从事井下、高空、高温、特别繁重体力劳动或者其他有害身体健康的工作，男年满五十五周岁、女年满四十五周岁，连续工龄满十年的。

(2)Males reaching the age of 55. females females 45. with a seniority of ten years of continuous service underground, at high altitudes, at high temperatures, of specially heavy manual labour or in harmful jobs.

本项规定也适用于工作条件与工人相同的基层干部。

This provision also covers cadres at the grass-roots whose working conditions are similar to those of the workers.

（三）男年满五十周岁，女年满四十五周岁，连续工龄满十年，由医院证明，并经劳动鉴定委员会确认，完全丧失劳动能力的。

(3)Males reaching the age of 50, females 45, with a seniority of ten years of continuous service, certified in hospital and confirmed by the labour appraisal committee as being completely incapacitated.

（四）因工致残，由医院证明，并弪劳动鉴定委员会确认，完全丧失劳动能力的。

(4)Workers disabled in work accidents, certified in hospital and confirmed by the labour appraisal committee as hospital and confirmed by the labor appraisal committee as being completely incapacitated.

第二条 工人退休以后，每月按下列标准发给退休费，直至去世为止。

Article 2 After retirement, workers are provided with a monthly cash pension according to the following standards until their death.

（一）符合第一条（一）、（二）、（三）项条件，抗日战争时期参加革命工作的，按本人标准工资的百分之九十发给。解放战争时期参加革命工作的，按本人标准工资的百分之八十发给。

(1)Workers, who comply with any one of the conditions listed in Article 1 (1), (2) and (3), and who joined revolutionary activities during the time of the Anti-Japanese War, are paid a cash pension equivalent to 90 per cent of their standard wage. Those who joined revolutionary activities during the time of the Liberation War are paid a cash pension equivalent to 80 per cent of their standard wage.

中华人民共和国成立后参加革命工作，连续工龄满二十年的，按本人标准工资的百分之七十五发给；连续工龄满十年不满十五年的，按本人标准工资的百分之六十发给。退休费低于二十元的，按二十五元发给。

Those, who joined revolutionary activities after the founding of the People's Republic of China, and with a seniority of 20 years of continuous service, are paid a cash pension equivalent to 75 per cent of their standard wage. ,Those whose work seniority exceeds 15 years but does not reach 20 years are paid a cash pension equivalent to 70 per cent of their standard wage. Those whose seniority exceeds 10 years but does not reach 15 years are paid a cash pension equivalent to 60 per cent of their standard wage. If the calculated pension is less than 25 yuan, the actual amount paid shall be 25 yuan.

（二）符合第一条（四）项条件，饮食起居需要人扶助的，按本人标准工资的百分之九十发给，还可以根据实际情况发给一定数额的护理费，护理费标准，一般不得超过一个普通工人的工资；饮食起居不需要人扶助的，按本人标准工次的百分之八十发给。

(2)Workers who comply with Article 1 (4), and who need assistance by other people in their daily life are paid a cash pension equivalent to 90 per cent of their standard wage, and in accordance with their real situation they may be paid a certain amount of nursing subsidy which in general should not exceed the wage of an average worker; those who do not need any assistance form other people in their daily life are paid a cash pension equivalent to 80 per cent of their standard wage.

同时具备两项以上的退休条件，应当按最高的标准发给。退休费低于三十五元的，按三十五元发给。

 Those who simultaneously satisfy two or more retirement conditions should be paid whichever is the highest. If the calculated pension is less than 35 yuan, the actual amount paid shall be 35 yuan.

第三条 患二、三期矽肺病离职休养的工人，如果本人自愿，也可以退休。

Article 3 Workers who have been afflicted with secondary or tertiary silicosis and who have left their posts for rest and treatment , may retire of their own will.

退休费按本人标准工资的百分之九十发给，并享受原单位矽肺病人在离职休养期间的待遇。

A cash pension equivalent to 90 per cent of their standard wage should be paid and the same preferential treatment is given to them as to the colleagues in their work units on sick leave due to silicosis and taking a rest.

患二、三期矽肺病离职休养的干部，也可以按照本条的办法执行。

 This provision is also applicable to cadres afflicted with secondary or tertiary silicosis, on sick leave and taking a rest.

第四条 其退休费可以酌情高于本办法所定标准的百分之五至百分之十五，但提高标准后的退休费，不得超过本人原标准工资。

Article 4 Those who comply with the following conditions may, according to their specific situations, have their retirement pensions raised by 5 to 15 per cent above the rates specified in this provision, but the final amount should not exceed their original standard wage.

获得全国劳动英雄、劳动模范称号，在退休时仍然保持其荣誉的工人；

- Workers who were awarded the titles of natitional labor hero and labor model , and who retain their honour when they retire;

省、市、自治区革命委员会认为在革命和建设中有特殊贡献的工人；

- Workers whom provincial, municipal and autonomous regional revolutionary committees consider as having made exemplary contributions to the revolution or construction;

部队军以上单位授予战斗英雄称号的转业、复员军人，在退休时仍保持其荣誉的，

- Armymen, demobilized or transferred to civilian work but who were awarded the title of combat hero by units above the army level and who retain their honour at retirement.

第五条 不具备退休条件，由医院证明，并经劳动鉴定委员会确认，完全丧失劳动能力的确工人，应该退职。

Article 5 Workers who are ineligible for retirement but are certified in hospital and confirmed by the labor appraisal committee as being completely incapacitated should resign.

退职后，按月发给相当于本人标准工资百分之四十的生活费，低于二十元的，按二十元发给。

After resignation, a monthly subsistence allowance equivalent to 40 per cent of their standard wage is payable. If the calculated allowance is less than 20 yuan, the actual amount paid shall be 20 yuan.

第六条 退休工人易地安家的，一般由原单位一次发给一百五十元的安家补助费。从大中城市到农村安家的，发给三百元。

Article 6 Retired workers, who resettle elsewhere, are in general paid a lump sum of 150 yuan by their former units as resettlement subsidy, and those who move from large and medium-sized cities to resettle in the rural areas are paid 300 yuan.

退职工人易地安家的，可以发给相当于本人两个月标准工资的安家补助费。

Resigned workers who resettle elsewhere may be paid a resettlement subsidy in a lump sum equivalent to two months their standard wage.

第七条 工人退休、退职的时候，本人及其供养的直系亲属前往居住地点途中所需的车船费、旅馆费、行李搬运费和伙食补助费，都按照现行的规定办理。

Article 7 When workers retire or resign, their travelling expenses, hotel accommodation on the way to their new residence, transportation of their personal effects and food subsidies as well as those of their lineal dependents are paid according to regulations in force.

第八条 退休、退职工人本人，可以继续享受公费医疗待遇。

Article 8 Workers who retire or resign may themselves continue to enjoy free medical care.

第九条 工人的退休费、退职生活费，企业单位，由企业行政支付；党政机关、群众团体和事业单位，由退休、退职工人居住地方的县级民政部门另列预算支付。

Article 9 Retirement pension and subsistence allowance for workers are paid by the management of their former enterprises; for Party and government organs, mass organizations and public institutions, the county level civil affairs departments of their abode should be responsible for such payments from separate budgets.

第十条 工人退休、退职后，家庭生活确实困难的，或多子女上山下乡、子女就业少的，原则上可以招收其一名符合招工条件的子女参加工作。

Article 10 After retirement or resignation, when workers truly have financial difficulties in their livelihood, or many of their children have been sent working in the rural or mountainous areas, or few of their children are employed , in principle one of their children may be employed as worker.

招收的子女，可以是按政策规定留城的知识青年，可以是上山下乡知识青年，也可以是城镇应届中学毕业生。

The new recruit may be an educated youth permitted to stay in the urban area as defined by relevant policy, or an educated youth working in the rural or mountainous area, or a secondary school graduate.

我国农业生产水平还比较低，粮食还没有过关，对增加城镇和其他吃商品粮的人口，必须严加控制。

As the level of agricultural production in our country is father low, and as there is not enough foodgrains for the whole population, it is necessary to strictly control increases in the urban population and those who live on grains sold on the market.

因此，家居农村的退休、退职工人，应尽量回到农村安置，本人户口迁回农村的，也可以招收他们在农村的一名符合招工条件的子女参加工作；退休、退职工人回农村后，其口粮由所在生产队供应。

Therefore, retired or resigned workers who reside in the rural areas should as far as possible resettle in their home-village; for those who change their registration of permanent domicile back to the rural area, one of their eligible rural-based children may be employed as worker; the grain ration for such retirees and resigned workers shall be supplied by the production brigades after their return.

招收退休、退职工人的子女，应当由当地劳动部门统一安排。招收子女的具体办法，由省、市、自治区根据上述原则结合本地区的实际情况自行规定。

Recruitment of children of retired or resigned workers should be handled by the local labor departments in a unified way. the recruitment procedures should be worked out by the provincial, municipal or autonomous regions themselves in line with the above-mentioned principles and with the actual local situation.

第十一条 工人退休、退职后，不要继续留在全民所有制单位。

Article 11 Workers, having retired or resigned, should not remain in units of public ownership.

他们到城镇街道、农村社队后，街道组织和社队要加强对他们的管理教育，关心他们的生活，注意发挥他们的积极作用。

 The urban neighbourhood organizations, or rural communes or production brigades to whom they are attached after their return , should strengthen their administration and education, take good care of their livelihood, and encourage them to display their initiative.

街道、社队集体所有制单位如果需要退休、退职工人从事力所能及的工作，可以付给一定的报酬，但连同本人退休费或退职生活费在内，不能超过本人在职时的标准工资。

In the event of need for retired workers to take up work within their capabilities, a certain amount of remuneration is payable. However , together with their pension or allowance, their total income should not exceed their standard wage at their former workpost.

对于单身在外地工作的工人，退休、退职后要求迁到家属所在地居住的，迁入地区应当准予落户。

Those, who live alone away from their hometown and who, after retirement of resignation, apply for returning to the place of abode of their family, should be approved to move back and become registered residents.

第十二条 各地区、各部门、各单位要切实加强对工人退休、退职工作的领导。对应该退休、退职的工人，要做好深入细致的思想政治工作，动员他们退休、退职。退休、退职工作要分期分批进行。

Article 12 All districts, departments and units should earnestly provide more effective guidance to the work of resettling the retired and resigned workers. Penetrating and painstaking ideological work should be taken up among those who ought to retire or resign by persuading them to do so. Such work should be carried out in stages and in groups.

要严格掌握退休、退职条件和招工条件，防止因招收退休、退职工人子女而任意扩大退休、退职范围和降低招工质量。

Strict control should be imposed on the conditions for retirement, resignation or recruitment , guarding against any indiscriminate extension of retirement coverage or lowering of recruitment requirements.

第十三条 集体所有制企业、事业单位工人的退休、退职，由省、市、自治区革命委员会参照本办法，结合本地区集体所有制单位的实际情况，自行制定具体办法，其各项待遇，不得高于本办法所定的标准。

Article 13 Retirement or resignation of workers in collectively-owned enterprises or undertakings is taken care of by provincial, municipal or autonomous regional revolutionary committees, which in accordance with the actual conditions of collective units in the area should themselves work out the procedures. However, the benefits should not exceed those specified in the present regulations.

第十四条 过去有关工人退休、退职的规定与本办法不一致的，按本办法执行。

Article 14 In the event of discrepancies between the past and the present stipulations, the present regulations should prevail.

已按有关规定办理了退休的工人，其退休费标准低于本办法所定标准的，自本办法下达之月起，改按本办法规定的标准发给，但解放战争时期参加革命工作，连续工龄不满二十年的，只按本人标准工资的百分之七十五发给。

Workers who have already retired according to previous regulations and whose pension is below the norms set in the present regulations, should be changed accordingly from the month when the present regulations come into force. But for those, who joined revolutionary activities in the period of the Liberation War. and whose seniority of continuous service is less than 20 years, a cash pension equivalent to only 75 per cent of their standard wage shall be paid.

改变退休费标准后的差额部分一律不予补发。已按有关规定办理了退职的工人，其待遇一律不再变动。

Workers shall not be eligible for repayment of any discrepancies due to the change of rates. Workers who have already resigned according to relevant regulations shall not have their benefits changed.