Victoria and Shanghai social security fund settlement management center adjusting continuous service dispute appeal

Shanghai second intermediate people's court
Administrative judgment

(2008) Shanghai in line with the word no. 146th

The appellant (the plaintiff) Wang Lianhua.
Attorney: Xia Yonggen, lawyer.
Agent Huo Yusheng.
Appellee (defendant in the original instance) Shanghai social security fund settlement management center.
Legal representative: Xu Aiping, director of.
Agent Qian Ying.
Agent Li Lei.
The appellant Wang Lianhua because of the adjustment of continuous service case, the Shanghai Huangpu District people's Court (2008) Huang Hangchu Zi Di 38, administrative decision, appeal to the court. The court, a collegial panel, held a public hearing of the case. The appellant Wang Lianhua and agent Xia Yonggen, Huo Yusheng, the Shanghai social security fund settlement management center (hereinafter referred to as the city social security center) agent Qian Ying, Li Lei to take part in the proceedings, the case has now been finalized.
The court ruled that: Wang Lianhua in 1975 April to five seven in Shanghai city to participate in the work of the farm work, since November 23, 1990, in 1991 December by Chuansha County Federation of supply and Marketing Cooperative of expulsion, continuous working time is 15 years and 8 months. Wang Lianhua in 1995 January was convicted of theft was sentenced to one year in prison, city social security center in accordance with the provisions of personnel (59) within the "Document No. 740th, on the grounds of criminal punishment before work can not be calculated as continuous service, in August 6, 2007 the Wang Lianhua endowment insurance personal accounts of Zhongyuan recorded before the end of 1992 continuous length of service 15 years 8 months to 0. Wang Lianhua refuses to accept, to the Shanghai municipal labor and Social Security Bureau to apply for administrative reconsideration, the reconsideration Reconsideration on February 2, 2008 to maintain the length adjustment behavior, social security center decision. Wang Lianhua is still not satisfied, bring an administrative lawsuit to the court of the receipt of the reconsideration decision, requesting revocation of the city social security centers by the end of 1992 continuous service for 15 years 8 months to adjust to the specific administrative act of 0.
The trial court held that: Social Security Center has unified handling of basic old-age insurance business in the city, the legal authority approved, adjust the pension. (59) the personnel "Document No. 740th, staff is trained for criminal punishment, shall calculate the working years from participating in the work of re date, the criminal punishment before working hours, can be calculated for the general service. This document is the "staff", does not exclude the enterprises and institutions of workers, so the case Wang Lianhua about the do not belong to the provisions of applicable objects that cannot be established. In this case, Wang Lianhua was only criminal sanction before working hours in accordance with the provisions of the calculation for the general service rather than a continuous length of service, the specific administrative act to adjust Wang Lianhua social center before the end of 1992 continuous length of service that the facts clearly, legal procedures, applicable law no when. Wang Lianhua request to cancel service adjustment behavior of social security center of the appeal, the lack of factual basis and legal basis. The court verdict: Wang Lianhua rejected the litigation request. After the verdict, Wang Lianhua refuses to accept, appeal to the hospital.
The appellant Wang Lianhua Appeal said: (59) in 740th, and "personnel" Regulations of the people's Republic of China labor insurance amendment rules "(hereinafter referred to as the" revised draft ") promulgated in the unit, content classification are different, the former is the state organ staff, which is the workers, to the appellant shall be applicable to the" revised draft ". According to the "Regulations" revised draft of article forty-second, the appellant sentenced to work before the time shall be calculated as continuous service. The appellee basis (59) personnel character 740th, adjust the appellant before the end of 1992 continuous service for 0, the improper application of the law. Request for revocation of the original judgment, the appeal of people did support the prosecution request.
The appellee city social security center that: (59) in 740th, personnel character not enterprise unit staff out of the applicable object, and time of the file in the "revised draft", according to the later method is better than the former method principle, the appellee (59) on the basis of human things "document No. 740th, that the appellant criminal sanction before working hours can not be calculated as continuous service, the applicable law is correct. Request rejected the appeal, upheld the.
The school find out the trial, the trial court found that Shanghai Labor appellee provide referendum word (2007) No. sixty-third administrative reconsideration decision, the person Id photocopy, Shanghai City five seven farm workers resume, approval, to adjust wages in 1983 enterprise workers wages, the expulsion of a table Comrade Wang Lianhua's decision, (1995) the static penalty early word number fifteenth criminal judgments, social workers registration form, individual account of basic information to adjust the approved list, inform the material and a delivery receipt, Shanghai Labor referendum word (2008) No. ninth administrative reconsideration decision; Appellants City insurance list, the personal contribution of Shanghai city Huangpu District social insurance management center in September 3, 2007, 10 on the appellant to such evidence, the court for confirmation.
This house believes that, according to the "Shanghai city urban staff old-age insurance system reform implementation plan", "Shanghai city urban workers pension insurance measures" of the relevant provisions, the appellee city social security center is to host the pension insurance business organizations, has approved, adjustment of pensions, old-age insurance personal account management authority. (59) specified in the first section personnel "Document No. 740th, staff were expelled or criminal punishment, shall calculate the working years from participating in the work of re date, the document referred to the" staff ", does not exclude the enterprises and institutions of workers, applicable object of the appellant also belong to this file. Because of the appellant in 1995 January has been subjected to criminal punishment, the appellee was the light (59) internal personnel "740th article, the appellant before the end of 1992 continuous service was adjusted to 0, there is no improper. The appellant that it does not belong to (59) the grounds of appeal the applicable object of personnel "740th, the lack of basis, the court shall not be accepted. The appellant's appeal, the court can not support. Accordingly, in accordance with the "administrative procedure law of the people's Republic of China" article sixty-first (a) the provisions of item, the decision as follows:
Dismiss the appeal, upheld the.
The case acceptance fee of RMB 50 yuan, by the appellant Wang Lianhua burden.
This judgment is the final judgment.

Chief justice Ma Haofang
Acting judge Ding Yong
Acting judge Zhang Xuan
Two hundred eight years in June 11th
The clerk Hu Jiaqi