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Ningbo divorce enterprise annuity occupational annuity how to divide

Ningbo Author：LuXu WANG

Enterprise annuities and occupational annuities are just a string of unremarkable numbers on the payroll, but when it comes to divorce, it may be a missing property. It is not as readily available as a bank deposit, nor is it as easy to value as a property, and many people don't even know that their spouse has this supplementary pension insurance. This article takes it apart and explains clearly how to identify, value and divide the part obtained in marriage.

The legal nature of 1. enterprise annuity and occupational annuity.

Enterprise annuity and occupational annuity are supplementary old-age insurance system, which is in addition to the basic old-age insurance, by the unit and individual joint contribution to establish the old-age reserve. Enterprise annuities are mainly applicable to employees of enterprises, and occupational annuities are mainly applicable to staff of institutions and institutions. Both are recorded in the form of personal accounts and can only be collected after retirement or compliance with legal conditions.

1. Composition of annuity accounts

annuity accounts usually consist of individual contributions, unit contributions and investment income. The individual contribution part comes from the employee's personal salary; the unit contribution part is the supplementary welfare provided by the employer for the employee; the investment income is the value added generated by the account funds in the operation process.

2. Annuities have the dual characteristics of personal and property attributes.

Annuity accounts are closely tied to employee status, have strong personal attributes, and cannot be transferred or withdrawn in advance like ordinary deposits. However, the interests accumulated in the account have property value and are divisible property interests. The object of division in divorce is not the annuity itself, but the acquisition of part of the corresponding property rights and interests in marriage.

Part of common property acquired by 2. in marriage

article 1062 of the Civil Code stipulates that the wages, bonuses, and remuneration for labor services received by the husband and wife during the existence of the marriage relationship belong to the joint property of the husband and wife. The part of the individual contribution in the annuity comes from the post-marital salary, and the part of the unit contribution belongs to the benefits corresponding to the post-marital labor income, so the part paid during the marriage and included in the individual account is, in principle, the joint property of the husband and wife.

1. Calculation of time nodes

at the time of division, the marital contribution is usually calculated on the basis of the date of marriage registration and the date of divorce registration or prosecution. The portion of the annuity that has been accumulated before marriage is personal property; the personal contributions, unit contributions and corresponding investment income paid during marriage are common property.

2. Disputes over the division of investment income

the investment income of an annuity account is not accounted for separately on a case-by-case basis, but is mixed with the overall income of the account. In practice, the investment income corresponding to the marital portion is usually calculated according to the proportion of marital contributions to the total account contributions, or the court entrusts a professional body to make an estimate.

3. split differences between claimed and unclaimed

whether the annuity has actually been received directly affects the method of division. Annuities received, if received during the marriage, are usually divided directly as common property.

1. Difficulties in the division of unclaimed annuities

unpaid annuities cannot be simply withdrawn or withdrawn early because they have not yet been realized and the conditions for receipt are subject to policy restrictions. The court usually does not directly decide that the annuity account is owned by one party, but rather deals with it by means of discount compensation, separate division after collection, or retention by mutual agreement.

2. Evidence of received part

if it is claimed that the annuity received belongs to the common property, it is necessary to provide the annuity collection record, bank flow, individual tax declaration record, etc. If the recipient claims that the money has been used for family life, the corresponding consumption voucher shall be provided.

4. division method: discount, pending collection or agreement retention

in practice, there are three main ways to divide the unpaid annuity: first, the owner of the account pays compensation to the other party according to the discount of the value of the marital account.

1. Calculation of discount compensation

discount compensation is usually based on the portion of the marital contribution and its corresponding investment income, and half of the amount is calculated as compensation. As the value of the annuity is affected by future investment income, receiving conditions and tax policies, there is some uncertainty in the evaluation results, the two sides can agree on a fixed discount in the negotiation to avoid long-term disputes in the future.

2. Applicable scenarios for division after collection

the post-collection division applies to situations where there is a significant dispute between the parties over the value of the annuity, or where the annuity account is not yet eligible for collection. It is usually stated in the judgment that after actual collection, the parties may sue separately or divide it according to the agreed proportion. The disadvantage of this method is that the time span is long and the subsequent execution cost is high.

The main difference between 5. occupational annuity and enterprise annuity.

Occupational annuity is mandatory, and the staff of government agencies and institutions must participate; enterprise annuity is established voluntarily and decided by the enterprise itself. In the case of divorce division, the two follow the same property attribution principles, but the query path and account management agency may be different.

Inquiries and Transfer Certificates

enterprise annuity accounts are usually managed by the annuity management agency entrusted by the enterprise, and inquiries need to be applied to the employer or annuity management agency; occupational annuities are managed by social security agencies at all levels or occupational annuity management agencies. In divorce proceedings, account details can be obtained by investigating and collecting evidence or applying for court access. In Ningbo, employees of enterprises can apply to the human resources department of the unit or the entrusted annuity management institution to issue a certificate of payment and account rights and interests, and the staff of institutions and institutions can inquire about the details of occupational annuity from the local social security agency.

6. case proof

in practice, one party participates in the enterprise annuity plan during the existence of the marriage relationship, and the marital payment and corresponding investment income in the account are about 300,000 yuan. At the time of divorce, the court determines that this part belongs to the joint property of the husband and wife, and judges that the rights and interests of the account belong to the insured party, and the insured party shall pay a discount compensation of 150,000 yuan to the other party. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

In practice, one party before the divorce has received an occupational annuity for the purchase of personal financial products, the other party claims that the money belongs to the common property, the court combined with the time of receipt, the source of funds and the whereabouts of the investment, determined that the part of the marital acquisition belongs to the common property, the judgment of the other party to pay the corresponding discount. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

7. Risk Alert

  • ignore annuity accounts: Annuities are not as intuitive as payroll flows and are prone to being left out of the property list, resulting in damage to one party's rights and interests.
  • Miscalculation of the time node: pre-marital accumulation and post-marital payment are mixed, and the part of personal property before marriage is not excluded, which will lead to the expansion of the division base.
  • Investment income estimation error: annuity income is not separately accounted for, simple according to the proportion of contributions may deviate from the actual value.
  • No agreement on the method of division after collection: only the division after collection is stated, no agreement on the proportion or execution method, subsequent easy to litigate again.
  • Dispute over the attribution of unit contributions: Although unit contributions are not paid directly by individuals, they are post-marital labor benefits and should usually be included in common property.

8. FAQ

can an enterprise annuity be divided during divorce?

You can. The part of the marital contribution and the corresponding investment income belong to the joint property of the husband and wife, but the annuity has personal attributes, usually can not be withdrawn in advance, generally by the account owner according to half of the value of the marriage to pay the other party discount compensation, or to be divided after receiving.

Are occupational annuities and corporate annuities split in the same way?

The principle of property attribution is the same, and the part acquired during marriage is common property. However, the query path is different, the enterprise annuity needs to be inquired from the employer or the annuity management institution, and the occupational annuity can be inquired from the social security agency or the occupational annuity management institution.

Do you also have to share the part of the annuity paid before marriage?

No need. The portion of the annuity that has been accumulated before marriage is personal property, and only the portion paid and credited to the account during the marriage is joint property.

Annuity has not yet retired can not receive, how to discount?

The present value may be estimated according to the principal of the marital contribution and the corresponding investment income, and the account owner may pay the discount. The specific manner shall be negotiated by both parties or at the discretion of the court.

Practical Experience of 9. Lawyers

enterprise annuities and occupational annuities are just a bunch of inconspicuous numbers on the payroll, but by the time the divorce is settled, it may be a missing property. They belong to supplementary old-age insurance, recorded in the form of individual accounts, consisting of individual contributions, unit contributions and investment income. The part acquired during the existence of the marital relationship belongs to the joint property of husband and wife and shall be disposed of together at the time of divorce. The trouble is that it's not as readily available as a deposit or as well valued as a property, and many people don't even know that their spouse has this supplemental pension reserve, so they miss their share for nothing.

To divide it, we must first find it and calculate it. You can find clues from payroll, unit personnel, provident fund or social security records, and then determine the amount and income accumulated during marriage through account flow and payment details. It is also necessary to distinguish between those who have received and those who have not received: those who have received are relatively easy to handle, while those who have not received involve the conditions and time of receipt. There are different options such as discount compensation, agreement to allocate after receipt, or agreement to retain accounts, each with its own advantages and disadvantages. Only by figuring out the composition and status of the account can you choose the most practical way to deal with yourself.

At the operational level, fixed evidence is the key: payment records, account balances, and certificates issued by the unit should be obtained as much as possible before the divorce, because the account information is held on the side of the spouse or unit, and the longer it is delayed, the more difficult it is to check. When negotiating, this type of annuity is easily diluted by the other party on the grounds that it has not yet reached the receiving age, and you can claim a discount or agree on a future distribution ratio based on this, and write it into an agreement or judgment to avoid future claims. At the same time, remind yourself to take the initiative to check whether the other party has other hidden supplementary pension, provident fund and other rights and interests, don't just stare at visible deposits and real estate.