According to the provisions of Article 35 of the Regulations on Work-related Injury Insurance, "If an employee is identified as a first-class to fourth-class disability due to work-related disability, he/she will retain his/her labor relationship, quit his/her post and enjoy the following benefits: …… (3) After reaching retirement age and going through retirement procedures, the injured employee will stop receiving disability allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference. If an employee is identified as a first-class to fourth-class disability due to work-related disability, the employer and the employee shall pay the basic medical insurance premium based on the disability allowance. " Therefore, Wang Hua should now enjoy the basic old-age insurance benefits, but if the benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference.
Regulations on industrial injury insurance
Thirty-fifth workers who are disabled due to work are identified as first-class to fourth-class disabilities, retain their labor relations, quit their jobs, and enjoy the following benefits:
(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The standard is: 27 months' salary for first-degree disability, 25 months' salary for second-degree disability, 23 months' salary for third-degree disability and 2 1 month salary for fourth-degree disability; (2) Pay the disability allowance from the industrial injury insurance fund on a monthly basis. The standard is: 90% of my salary for first-degree disability, 85% for second-degree disability, 80% for third-degree disability and 75% for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the industrial injury insurance fund will make up the difference; (3) After the workers with work-related injuries reach retirement age and go through retirement formalities, they will stop paying disability allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference.
If an employee is identified as one to four disabled due to work-related disability, the basic medical insurance premium shall be paid by the employer and individual employees on the basis of disability allowance.
If an employee is assessed as a first-class or fourth-class disability due to a work-related injury, he/she will completely lose his/her ability to work, and the employee will quit his/her post, but he/she will retain his/her labor relationship and enjoy the corresponding insurance benefits.