weird! What happens when a senior executive at a brokerage firm requests a large amount of supplemental pension insurance after retirement? Look at the court ruling_ 东方 富 网

Original title: Rare! What happens when top executives of brokerage firms demand huge amounts of supplemental pension insurance after retirement? How to “cut benefits for old and new employees”? Look at the court’s decision

Summary

【weird! What happens when a senior executive at a brokerage firm requests a large amount of supplemental pension insurance after retirement? Look at the court ruling]It is not uncommon for top executives of securities companies to request a salary, but there are very few cases of requesting pension insurance premiums after retirement. Recently, China Judgment Document Network released the second instance civil judgments of three retired brokerage leaders and former host Guodu Securities. The reason was that they did not receive the business supplemental pension insurance promised by the company after retirement. The amount of the supplementary pension The insurance that people should obtain ranges between 750,000 and 3 million. (China corridor)

　　BrokerageExecutivesAsking for salary is not uncommon, but asking for retirement after retirementSureFei’s case is really weird.

Recently, Chinese refereesInstrumentNet disclosed the civil judgments of the three retired brokerage leaders and the former company Guodu Securities, because they did not receive them after retirement.the companyPromiseddealSupplementary pensionSure, Calculated according to the original regulations of the company, the supplementary pension that each of them should receiveSureThe amount ranges from 750,000 to 3 million.

The three former leaders who sued Guodu Securities withdrew after January 2018, including the original.General manager、China Europe FundChairman Chang Zhe, Deputy Secretary of the Guodu Securities Party Committee, and Union Chairman Wang Liehua, Guodu Jingrui, a subsidiary of Guodu SecuritiesinvestmentLimited liability companySupervisor Zhang Zheng They separately demanded the supplementary pension paid by Guodu SecuritiesSureThe amount is 3 million, 2.04 million and 750,000.

What is the full history of the incident?

　　Negotiable from retired brokerage executivesPension

　　According to the sentencing document, Chang Zhe joined Guodu Securities on December 28, 2001 and completed retirement procedures 17 years later, his retirement time was November 30, 2018. He was the CEO of Guodu Securities.

During his tenure, Guodu Securities insured the group’s supplementary pension insurance. According to the “Supplementary PensionInsurance managementMethod”,safeWithdrawn once a year, in accordance with national regulations, no more than employees at the company headquarters.salary5% of the total, salaries are related to the company headquarters,jobsHeadquarters employees who have retired from the company for more than ten years are all insured persons. The pension insurance payment standard is that the president and CEO level staff receive 25,000 yuan per month, deputy general manager level staff receive 17,000 yuan per month, assistant general or director level staff he receives 14,000 yuan a month, and the department head-level staff receives 10,000 yuan a month.

According to this calculation, the supplementary pension received by Chang Zhe after retirementInsurance amountIt is about 3 million yuan, which is also the amount of their own demand.

But why is there a dispute? On May 7, 2020, Guodu Securities issued the “Explanation on the Suspension of Administrative Measures for Supplementary Pension Insurance”, in which it indicated that the general management that the company occupies agreed that as of January 1, 2018 , the original “Supplementary Pension Insurance Administrative Measures”》 Execution suspended. The fact is that after 2017, Guodu Securities suspended the payment of the premium totaling 29 million yuan.

Because Changzhe retired after January 2018, Guodu Securities claimed that the money could not be received. But Chang Zhe believes that the company should pay for this supplemental pension insurance. The reasons for the litigation of Wang Liehua and Zhang Zheng are the same as those of Chang Zhe.

　　Can supplementary pensions be separated from old and new?

In the first instance, the focus of the dispute in this case was whether Guodu Securities should pay Changzhe a supplementary pension. In other words, is it reasonable for Guodu Securities to use January 1, 2018 as the new and old deadline?

The trial court held that, first, the employer has the right to operate and manage independently, and Guodu Securities pays supplemental pension insurance for its employees, which is a benefit provided by the employer to its employees. “Administrative measures for supplementary pension insurance” formulated by Guodu Securities have also clarified that Guodu Securities canValues, Determine the amount of the premium withdrawal. When an employee reaches retirement, in addition to various factors such as benchmarks, the company determines the specific amount each year based on the number of beneficiaries, the total amount that can be allocated for the year, and changes in job titles. personal. If the payment is interrupted by the company or the group insurance is terminated, the collection will be terminated when the available balance of the public account reaches 0.

Second, in fact, Guodu Securities has suspended premium payments since 2017 after paying 29 million yuan in premiums. Although the payment is interrupted and the available balance of the public accounts is not yet 0, the stock in the public accounts has undergone important changes. Therefore, Guodu Securities adjusts the above-mentioned management measures according to the actual situation, suspends the payment of supplementary pensions and receives them after the introduction of the new policy, which is the independent decision of Guodu Securities.

Therefore, the lower court rejected the claims of Chang Zhe and others. As the conditions for the payment of supplementary pensions were not met, Chang Zhe and others were able to wait for the policy to be introduced before claiming their rights.

　　The second instance rejected the request for litigation of the executive of the brokerage

Subsequently, Chang Zhe and others appealed to the Second Intermediate People’s Court in Beijing.

In the second instance, Chang Zhe supplemented the bylaws of Guodu Securities, which established in article 200 of the bylawsCompany systemEstablish important rules and regulations and determine wages, benefits andworkWhen it comes to matters involving the vital interests of employees, such as insurance, the views of the company union and employees should be heard.opinionAnd suggest that if the immediate interests of employees are involved, the union or worker representatives should be invited to attend the event.meeting, To demonstrate that the “Explanation on the suspension of administrative measures for supplementary pension insurance” presented by Guodu Securities does not comply with the legal procedures stipulated in the bylaws. The statement is false, illegal and does not conform to the formal requirements stipulated in the statutes and cannot be used as the basis for a judgment.

Guodu Securities recognized the authenticity of the aforementioned evidence, and considered that the evidence only showed that the “Administrative Measures for Supplementary Pension Insurance” did not go through the democratic procedures required by the statutes, for which his company suspended the implementation of the “Administrative measures on supplementary pension insurance” in order to standardize the relevant systems.

In the second instance trial, Chang Zhe acknowledged that the supplementary pension insurance of the Guodu Securities insured group did not deduct the corresponding expenses from his salary. Therefore, the second instance argued that Guodu Securities alleged that the supplementary pensions involved in the case were of a welfare nature and had a factual basis.

At the same time, the group supplementary pension insurance insured by Guodu Securities has suspended payment in 2017, and the operation of this supplementary pension insurance plan has in fact changed; Guodu Securities decided to suspend the implementation of the “Supplementary Pension Insurance Management Measures” of January 1, 2018 The supplementary old-age insurance management method does not violate the aforementioned provisions. The trial court held that the trial court’s ruling was not improper, and Changzhe was able to claim her rights after the new policy was enacted.

(Source: Brokerage China)

(Editor in charge: DF150)