The 67-year-old lady cannot retire in 12 years just because of the unnecessary "leadership disagreement"?
2021-09-15: [Original Article Link].
Ma Xiao, 67, has already surpassed the retirement age of 55 for 12 years for 12 years, but she still failed to receive a pension. Looking back on his more than 20 years of working in Cuiping District, Yibin City, Sichuan Province, Ma Xiao thinks that he has been doing his duty. "I was an advanced worker when I was in a public institution, and I was an excellent employee when I worked in an enterprise".
More than 20 years of diligent work has not brought her a happy and carefree life in her old age. According to the relevant regulations, Ma Xiao should have retired in December 2008, "but due to the unexplained difficulties of the Cuiping District Government and relevant departments in Yibin City, Sichuan Province, I have not been able to retire until now", this also means that Ma Xiao cannot receive the pension of the corresponding living security.
On September 14th, Ma Xiao to the upstream News (reported Email: M17702387875@163.com) reporter said, "Cuiping District Social Security Bureau staff had told me that the district government leaders said hello did not agree to extract my personal files. When I asked the reason and the relevant documents on the basis, the answer I got was: there is no document, it is a verbal greeting." Ma Xiao went to the Cuiping District Organization Department, where his personal files were stored, to understand the reason, and the answer was still only "the leader did not agree".
"It's not that we don't handle it for her, it's that she didn't provide us with her original files. As an agency, we have to review the personal files before they can handle them." The staff of the Cuiping District Social Insurance Bureau explained that the 67-year-old Ma Xiao could not handle the retirement, but the relevant staff of the Cuiping District Organization Department who kept Ma Xiao's files denied, "This is unlikely, we are all acting in accordance with the law through relevant laws."
Behind all this is an administrative lawsuit that hit the Supreme People's Court.
Ma Xiao used to be a civil servant in Cuiping District, Yibin City. In 1986, due to work transfer, she came to Cuiping District, Yibin City from Fushun County, Zigong City. She worked in the original Cuiping District Materials Association for 16 years, and her personal files have been stored in the Archives of the Organization Department of Cuiping District Government.
According to public information, the original material association of Cuiping District, Yibin City is a business institution directly under the Cuiping District Government. And things are due to the restructuring of the original Cuiping District Material Association.
In January 1999, the Central Committee of the Communist Party of China and the State Council issued the "Opinions on the Reform of Local Government Institutions" and began to carry out institutional reforms for the purpose of streamlining institutions and staffing throughout the country. On September 17, 2001, the Cuiping District Government of Yibin City issued the "Implementation Opinions on the Reform Plan of Party and Government Institutions in Cuiping District, Yibin City", which clearly no longer retains the original Cuiping District Materials Association, and its administrative functions are merged into the Economic and Trade Bureau of Cuiping District, Yibin City.
On December 28, 2001, the Finance Bureau of Cuiping District reported the overall conversion of claims and debts of the assets and personnel of the original Cuiping District Materials Association, on January 14, 2002, the government of Cuiping District officially issued the district government letter  No. 4 "on the approval of the" overall transfer "reform plan of the General Assembly of Materials", "It is agreed that the original Cuiping District Materials Association will be separated from government agencies and restructured into private enterprises". The approval document pointed out that after the retired and retirees of the original Cuiping District Materials Association were separated according to the policy, the daily management was handed over to the Economic and Trade Bureau of Cuiping District, Yibin City.
On March 18, 2002, the Personnel Bureau of Cuiping District of Yibin City and the Office of the Institutional Establishment Committee of Cuiping District of Yibin City successively issued a reply on the report on transferring the salary relationship of in-service personnel of the Federation of Materials to the Economic and Trade Bureau. Agreed area government letter 4 hao the spirit of the document, and a new course is developed, which combines original Cuiping District materials, enclosing an account of the civil servants ma xiao, Pan zhong cheng, Chen Jian, 3 people's status as a civil servant, and Zhou Qinling delivered, weeks of Guizhou province, 2 people and workers identity with the restructuring will be automatically discharged from salaries as their relationship from 2002, Mar up out of the organ.
During the period from March 22, 2002 to October 10, 2005, the original Cuiping District Materials Association, in accordance with the requirements of the Cuiping District Government, resettled bankrupt enterprises and restructured and paralyzed enterprises under the original material system through loans and other means, repay bank loans and prepare for the formation of new private enterprises.
"According to a series of documents on institutional reform, after the original material association of Cuiping District of Yibin City was transferred as a whole, a private enterprise, namely Ang Trading Co., Ltd. (Ang's company) was established in accordance with the law." Ma Xiao said that on October 10, 2005, Ang's company was approved by the Yibin Administration for Industry and Commerce and obtained a legal person business license. The formation is complete, Ang the trading company to Cuiping district, its government will always be the formation of a new private enterprises the productive development fund of 250,300 yuan return Cuiping District Finance Bureau and reported on in Yibin Cuiping District Government. Since November 2005, Ang's company has transferred eight assets under the name of the original Cuiping District Materials Association to Ang's company with relevant documents from the district government, the district financial management and the District Personnel Bureau.
After Ang's company was formally established, Ma Xiao, who was 52 years old at the time, also officially transferred from within the system to outside the system, from a civil servant to the legal representative of a private enterprise. In December 2008, Ma Xiao, who was 55 years old, applied to the Cuiping District Social Security Bureau for retirement.
"The staff of the Social Security Bureau told me that my personal files could not be extracted, so I could not handle retirement." Ma Xiao said that the staff of the Social Security Bureau said that the leader of Cuiping District said hello and did not agree to the extraction. When she asked the reason and relevant basis many times, the staff replied that there was no document, "It is the leader's verbal greeting".
Ma Xiao said that in accordance with the requirements of the labor law, she met all the conditions for retirement. The pension insurance payment information provided by Ma Xiao shows that Ma Xiao participated in the work in 1972, and the initial payment of pension insurance was in April 1992. As of November 2020, it has paid a total of 309 months, total 25 years and 9 months. Ma Xiao is very puzzled, "Only by the five words 'leadership disagree' can residents not be allowed to retire according to law?"
On August 26, the relevant staff of the Social Insurance Bureau of Cuiping District told the upstream news reporter that the window staff had been explaining to Ma Xiao that it could not be handled without files. "It's not that we don't handle it for her, it's that she didn't provide us with her original files. As an agency, we have to review the personal files before they can handle them."
"As for whether she can extract her personal files, it is another matter." The staff member said, "Ang's company is a restructuring company. Ma Xiao started working in the 1980s and 1990s. The original archival materials must be provided in the automatic payment item. It can be reviewed by copying or extracting, but she did not provide it."
The staff member said that the restructuring of the enterprise that year involved many problems, "but no matter what the reason, we only need you to provide personal files, identity documents and corresponding information to handle them smoothly."
Ma Xiao said that she had repeatedly visited the Cuiping District Organization Department, where her personal files were stored, but she could not extract the files, and even had copied the files, the copied files have no legal effect because they are not stamped. For these, Ma Xiao got the answer that "the leader does not agree" to extract the file, but which district government leader greeted her and disagreed with her retirement, and why did she disagree, ma Xiao himself was confused.
Although unable to retire, Ma Xiao was able to continue to work in Ang's company and was able to obtain remuneration to protect his basic livelihood. But since 2017, everything has changed again.
On July 28, 2017, the Cuiping District Government made the "decision on agreeing to apply for the cancellation of the assets under the name of the Trading Co., Ltd. of the original Materials Association and its subordinate enterprises that have been transferred to Yibin Ang", and decided to agree to the Yibin Municipal Bureau of Land and Resources, the Yibin Real Estate Administration Bureau applied for the cancellation of the original Cuiping District Materials Association and the eight assets under the name of the company that the subordinate enterprises had transferred to Ang were recovered according to law.
In 2019, the Cuiping District Government officially made No. 1 "Recovery Decision" and decided to recover the assets of the company that had been transferred and registered to Ang by the original Cuiping District Materials Association and registered to the Cuiping District Bureau of Commerce, the compensation for the demolition of the demolished assets is collected by the Bureau of Commerce of Cuiping District, Yibin City. Since then, Ang's company has no assets, and Ma Xiao has no income. "When I get old, I don't have a penny of medical insurance and no retirement pension. At present, I can't live a normal life." ma xiao said.
"Because of this document in 2017, after many investigations, I guessed the origin of not allowing me to retire." Ma Xiao said that before the district government made a decision to recover Ang's company assets in 2017, it had made No. 108 "Notice on the cessation of the implementation of the" overall transfer "reform of the General Assembly of Materials, it is required that the" overall transfer "reform of the material Association will no longer be implemented, but the implementation of the" alternative plan ", that is, the organization of personnel to purchase the original material Association, and the acquisition plan was not implemented because of the opposition of most government leaders. On September 28, 2005, the district government issued (2005) No. 78 "on the handling of the remaining problems of the original material Association", requiring the freezing of all accounts of Ang's company and stopping all foreign economic activities.
"But what is puzzling is that neither of these documents was delivered to Ang's company." Ma Xiao said that on October 10, 2005, when the new private enterprise "Yibin Ang Trading Co., Ltd." was established and reported to the government of Cuiping District, Yibin City, it was not notified.
Ma Xiao guessed that the relevant documents were made by the individual leaders of the Cuiping District Government on the assets of the material Association after the material Association was restructured into a private enterprise for personal gain. "Individual leaders of the district government want to take the assets of Ang's company, but after the institutional reform, the company's assets are obtained according to law, and they cannot take them away according to normal procedures, therefore, these two documents were made privately, and they have not been delivered to Ang's company."
Ma Xiao believes that the 2002 Cuiping District Government Document No. 108 involves the vital interests of Ang's company, but Ang's company has never received the document, which is unreasonable.
2018, Jan 27 Ang-to-Cuiping district government of 108 on the suspension of execution is ordered by the material would "overall transfer reform notice refuses to accept to Yibin city government to apply for administrative reconsideration. On February 2 of the same year, the Legislative Affairs Office of Yibin Municipal Government made the "Application for Supplementing Administrative Reconsideration", informing Ang's company to correct the application materials for administrative reconsideration. Subsequently, Ang's company submitted relevant materials for reconsideration after the correction. On 11 February, the Yibin municipal government made a decision not to accept the application for administrative reconsideration, saying that the district government made document No. 108 was made under the leadership of the district committee based on the reform of the Party and government institutions, it is not within the scope of administrative reconsideration, and it is decided that the application for reconsideration of Ang's company will not be accepted.
Ang's company refused to accept it, so it filed a lawsuit with the Intermediate People's Court of Yibin City, Sichuan Province, requesting the cancellation of the "decision not to accept the application for administrative reconsideration" made by the municipal government. Yibin City intermediate people's Court believes that Cuiping district government issued the district government issued No. 108 "on the cessation of the implementation of the" overall transfer "reform of the notice, it is a relevant document on the institutional reform of the former Cuiping District Material Federation formulated by the Cuiping District Government under the leadership of the District Committee based on the reform of the Party and government institutions. It does not belong to the administrative act of administrative law and does not belong to the scope of administrative reconsideration. And Ang's company applied for an administrative reconsideration of the 2002 document in 2018, which has already exceeded the time limit for administrative reconsideration. The "decision not to accept the application for administrative reconsideration" made by the municipal government determined that the facts were clear and the applicable law was correct. Ang's company's claim has no factual and legal basis and is not supported.
Regarding the two withdrawal decisions made by the Cuiping District Government, Ang's company filed an objection to the court, and the case was reached to the Supreme People's Court. On December 4, 2020, the Supreme People's Court made an administrative ruling on the retrial application filed by Ang's company, holding that Ang's company sued for the cancellation of the No. 1 "Withdrawal Decision" made by the Cuiping District Government. It still belongs to Yibin City's correction of the remaining problems that existed when the reform of Party and government institutions was implemented in 2001, and it does not fall within the scope of administrative litigation of the People's Court. The local two-level court in Sichuan ruled that the prosecution and appeal were rejected. Ang's company's application for retrial is not sufficient, and the Supreme People's Court is difficult to support.
Ma Xiao reluctantly told reporters, "The Road to rights protection for more than ten years seems to have become desperate." When asked how Ma Xiao felt that these two documents had something to do with his refusal to retire, Ma Xiao seemed to be unable to understand, but the fact that he could not handle retirement at the age of 67 was in front of him, "Not going through retirement procedures may also be out of personal self-interest, and we want to force us to hand over Ang's company assets." Ma Xiao said, "the individual leaders of the district government, after still not getting the assets of Ang's company, made two documents that were determined by the court as not falling within the scope of administrative cases, 'Forcibly 'recovered the assets of Ang's company and circumvented judicial supervision"
On August 26, the relevant staff of the Bureau of Commerce of Cuiping District Government responded to the upstream news reporter, saying, "This matter covers a wide range, and now it has been handled in accordance with the law in accordance with government procedures." The staff member said that because of the government level, he was not very clear about the specific situation at that time. As to whether it was an individual leader who refused to let Ma Xiao from retirement for self-interest, the staff member denied that "this is unlikely. We are all acting in accordance with the law through relevant laws."
On September 14, Ma Xiao told an upstream news reporter that as of the afternoon of the same day, his retirement procedures were still unable to go through, "in theory, I am still at work".
Note: This is auto-translated version of an article meant for Chinese audience. A mature and nuanced reading is suggested.