退休年龄的法理分析及制度安排

退休年龄的确定关涉到劳动者劳动权和社会保障权的实现。目前我国退休年龄的规定存在男女退休年龄差距过大、退休年龄存在身份差别、退休年龄低于世界平均水平、养老金受领时长过长等问题,这些问题也导致了法律适用上的困惑。退休应当是劳动者的一项权利而非义务,退休与劳动权之间不应当有必然的排斥关系,劳动者劳动权不应因退休而受限制或者被剥夺,男女不同龄退休会导致女性社会保障权利的减损和对女性发展权的限制。退休年龄的科学确定,应当考虑政治因素、经济因素和社会因素等。我国未来立法应采取"渐进式"的方式合理延迟退休年龄,适当区分不同的人群适用不同的退休年龄制度,逐渐拉近男女退休年龄的差异,实行弹性退休制度作为对法定退休年龄的补充,以及实行更加开放的退休制度,从强制退休逐渐过渡到灵活退休。     

男女同龄退休不妨弹性试点突破

为了更好地贯彻落实男女平等基本国策，中国妇女报社领导办公会近日研究决定，报社将实行男女同龄退休制度，全体员工无论男女一律实行60岁退休制。女性员工达到55岁国家法定退休年龄后，愿意退休亦可办理退休手续。     

声音

“现在女性退休年龄大幅度低于男性，从总体上讲对女性极为不利，直接影响其福利待遇!延迟退休应女先男后或纪快男慢，用30年左右的时间实现男女65岁同龄退休。”     

从合理差别原则谈我国现行退休年龄男女差别政策

实质平等承认合理的差别,是为了在竞争和分配中保护弱者的利益。在退休年龄问题上,应实行合理差别原则,即在规定男女公务员年满60周岁同龄退休的同时,允许女性在年满55周岁时选择退休,或是选择继续工作到60周岁退休。     

热点聚焦

焦点延迟退休年龄一个月来,"延迟退休年龄"引发全民关注。此前人社部社会保障所所长何平提出应逐步延长退休年龄,建议到2045年不论男女,退休年龄均为65岁。就在这一提议在社会上传得沸沸扬扬、并引起大多数人、尤其是普通职工强烈反弹时,有关部门紧急辟谣,说是误读误传。随后相关人士透露目前人社部关于延迟退休的研究重点主要侧重于阶梯式退休。所谓阶梯式退休,是指根据劳动者所从事的职业、工作性质和个人对工作的意愿不同,设定不同的退     

以劳动年限为基准弹性延迟法定退休年龄

退休制度改革的结果不应该是所有劳动者同龄退休,改革步子也不宜迈得太小。退休制度改革应当遵循的思路是,以养老金并轨为前提,兼顾公平与效率;从刚性制度转向弹性制度设计,不宜"一刀切";明确延迟退休的目的,与养老金问题分开。可在确定基本劳动年限的基础上,根据教育年限设计不同群体的法定最低退休年龄和法定最高退休年龄,形成多层次弹性退休年龄结构。     

男女退休不同龄制度的宪法学思考

我国1978年规定的男女不同年龄退休制度,如今遭受违宪质疑。对基于性别而进行分类的立法规制的审查,其基准宜采用"严格的合理性审查基准"。据此,规定女性比男性早退休的手段与实现对女性的保护的目的应存在实质性关联。然而由于立法事实的变化,如今这两者之间不仅不存在实质性关联,反而会导致一种"逆反差别"。而且,与规定刚性的男女退休不同年龄制度相比,存在更加宽松的规制手段来达到同样的保护女性的目的。因此,我国的男女退休不同龄制度存在违宪的嫌疑,应及时加以修改。建议在原则上统一男女退休年龄的基础上,允许女性根据自我情况选择提前退休。     

劳动法视域下延迟退休年龄政策评析

退休政策关乎人民福祉,涉及民众工作权、休息权、社会福利等切身权益,延迟退休年龄牵一发而动全身,故为民众广泛关注.本文以最新出台的相关延迟退休年龄政策为切入点,在初步了解和分析现行退休年龄制度的基础上,将与该政策联系密切的劳动法部门作为切入点,试图探究延迟退休年龄这一政策的正当性、可行性及政策实施效果的利弊预期分析.然后根据上述内容在劳动法视域下提出对延迟退休年龄政策的一些建议与意见.     

退休年龄暂不调整

针对社会普遍关注的“延退”问题，人社部有关负责人9月15日表示，我国暂时不会调整退休年龄，有关部门目前只是在研究一些“延迟退休”的建议，不代表现行退休年龄规定即将更改。退休年龄的问题需要综合考虑中国人口结构变化的情况、就业的情况来进行研究。     

夏吟兰 为男女平权鼓与呼

在刚刚闭幕的中国妇女第九次全国代表大会上,中国政法大学教授、国际教育学院院长夏吟兰刮起一阵旋风,她提出的“男女同龄退休”问题成了本次会议最大的热点。     

离退休人员就业权法律保护问题研究

随着社会经济的迅速发展,我国劳动力人口年龄结构发生了较大变化,身体健康、精力充沛的离退休人员成为劳动力市场一支主要力量。但是,我国劳动力市场现行法律制度只是针对初次就业的劳动者,缺乏保护离退休人员就业权的相关法律规定,使离退休人员就业权受到侵害。因此,我国应构建保护离退休人员就业权的法律制度,使其在公正平等的前提下参与就业竞争,促进社会和谐、稳定、可持续发展。     

‘Good,fresh air and an expert medical service’: old age pensioners in Leiden’s St. Hiëronymusdal retirement home,sixteenth century

The cost of retirement has a strong impact on social processes, both today and in the past. This study concerns the cost of retirement to St. Hiëronymusdal, a retirement home that was established outside the town of Leiden in the first half of the sixteenth century. Here individuals could purchase lifelong accommodation and care. If they had enough money to spend, they could opt for relatively luxurious contracts providing them with a private room; if they were short of means, they could opt for a basic contract providing them with a bed in a hall. We demonstrate that this allowed people from lower and middling groups to prepare for old age. Inexpensive retirement also gave individuals the option to spend their old age living independently from relatives, in a retirement home. These elderly people could do this on their own account by paying for care rather than depending on charity – which usually involved a loss of social prestige. We suggest that inexpensive retirement allowed family ties to become looser and thus facilitated such developments as migration and urbanization, and the rise of the European marriage pattern. Rising prices and declining interest rates caused retirement to become more expensive in later centuries though, posing challenges for the early modern elderly.     

海南国际旅游岛休闲养老产业的法律思考

当前我国已进入到老龄化社会,养老产业化发展已是不可回避的问题。积极发展海南国际旅游岛休闲养老产业是解决这一问题的最佳试验区,休闲养老产业的法律现状,已表明制定和出台发展海南休闲养老产业的政策和法律制度,是海南经济特区立法的当务之急。     

The standard of living of widows: Inventories as an indicator of the economic situation of widows

This article examines the standard of living of widows in two rural areas, South West Finland and Central Sweden, in the eighteenth and nineteenth century and among first generation migrants to Stockholm between 1680 and 1750. The principal sources used are the inventories of a person's possessions that were taken after their death, supplemented in the case of the rural populations by retirement contracts (which were not used by urban populations in the Nordic countries). Wealth is measured in three ways: examination of the type and value of the property listed in the inventory, calculating what goods might be purchased with a given inheritance, and a comparison of the inventories of widows with those of married women and with men. A range of factors, it was discovered, determined how much property a widow might own at her death. These factors included her age and whether there were children entitled to a share of the family's property but also the impact of inheritance law which awarded widows a larger share of marital property in towns than in the countryside and included the house which in rural areas was considered to belong to the family and not to any one individual. Analysis of this evidence suggests that the widows of farmers were likely to be economically secure due to the provisions in their retirement contracts which provided them with housing, food and care until their death. The situation of the widows of the landless was considerably more precarious. Some might even have nothing to inherit from their husbands.     

The standard of living of widows: Inventories as an indicator of the economic situation of widows

This article examines the standard of living of widows in two rural areas, South West Finland and Central Sweden, in the eighteenth and nineteenth century and among first generation migrants to Stockholm between 1680 and 1750. The principal sources used are the inventories of a person's possessions that were taken after their death, supplemented in the case of the rural populations by retirement contracts (which were not used by urban populations in the Nordic countries). Wealth is measured in three ways: examination of the type and value of the property listed in the inventory, calculating what goods might be purchased with a given inheritance, and a comparison of the inventories of widows with those of married women and with men. A range of factors, it was discovered, determined how much property a widow might own at her death. These factors included her age and whether there were children entitled to a share of the family's property but also the impact of inheritance law which awarded widows a larger share of marital property in towns than in the countryside and included the house which in rural areas was considered to belong to the family and not to any one individual. Analysis of this evidence suggests that the widows of farmers were likely to be economically secure due to the provisions in their retirement contracts which provided them with housing, food and care until their death. The situation of the widows of the landless was considerably more precarious. Some might even have nothing to inherit from their husbands.     

离婚诉讼中养老保险金的分割

夫妻均要求分割养老保险金在离婚诉讼中经常发生，对此不同法院依照法条不同意见也不一，分割方式各异：本文从养老保险金的概念和性质分析养老保险金兼有财产属性和个人专属性，应当依照退休年龄和缴费时间不同，情形的差异区别对待，可依照现有规定予以合理分割处理。     

Retirement pensions and gender： The Spanish case from the European perspective

The European Union in its task of coordinating the different social protection systems recommends member countries to take steps to prevent economic imbalances caused by ageing populations. Spain and other European countries-such as Sweden, Italy or Germany, follow the trends marked by the European Union with regard to pensions. In recent years, these countries have carried out reforms to be entitled to benefits, increase the proportionality between contributions and benefits and introduce formulas similar to private funded systems. These reforms will lead to retirement pensions linked to contributions becoming an airtight system, thus excluding the most vulnerable workers from them. This work aims to show that this type of restrictive measures despite being formulated in a neutral way, fail to correct-and actually increase-the differences between women and men in employment, since women are more affected by unstable working conditions than men. Lower wages for women and higher incidences of their careers being interrupted to attend to family duties will make access for women to retirement pensions even harder. The shortfalls in the protection of retirement pensions contrast sharply with a common European employment policy which aims to raise the employment rate of women. Having examined the incidence of this type of reforms from a gender perspective, the final aim of the work will be to show whether the European directive against discrimination regarding Social Security, headed by Directive 79/7 and displayed in the European Court of Justice＇s case law, constitutes an adequate regulatory tool to neutralize those reforms which lead to indirect discrimination.     

我国弹性退休制度的法律规制探讨

弹性退休的法律规制应该以人权理念导向的强制与自愿结合为目标，以公平基础上的分类设置、利益衡平下的可操作性为基本原则，选择最相适宜的立法模式，保障男女平等的劳动权与退休权，规定男女平等的退休年龄，合理确定最低及最高法定退休年龄，以及相应的法律救济方式。同时，要求公正、稳妥的法律规制程序，并有配套的制度与措施的跟进。     

Retirement Age Considerations for Central Europe

The paper analyzes the arguments for and possible consequences of an increase in the statutory retirement age in central Europe, including the Czech Republic, Hungary, Poland and Slovakia. The analysis reflects the current and projected demographic and economic developments, and discerns the long-term trends from the specific aspects of transition. As for the long-term trends, the paper offers a simple framework for calculation of the intergenerational transfers through pensions under different reform scenarios. The calculations confirm that, in the aging central European societies, down-sizing of the existing pay-as-you-go schemes, including an increase in the statutory retirement age, is necessary to sustain solvency and intergenerational fairness in the public provision for retirement. The paper argues, however, that proposals to increase the retirement age in central European countries need to enhance their assessment of the possible counter-productive effects, which may arise due to the low working ability, poor health status and high occupational and environmental risks faced by the population.     

To depend on one's children or to depend on oneself: savings for old-age and children's impact on wealth

How did workers make provisions for old age before the introduction of old age pensions? What was the relative importance of dependence on children and saving for old age respectively? This article concerns the transition from a traditional family-based system for economic support in old age to a more modern system. Regarding the nineteenth century, studies have shown that (a) savings generally were insufficient for full retirement, and that (b) families were dependent on children's incomes when the breadwinner became older. Little attention has been paid to the question of how the relative importance of these two alternatives changed during the century. This question is addressed here in a cross-sectional study of net wealth based on probate inventories for three Swedish towns in the 1820s and the 1900s.

The results show that in general the economic importance of children was larger among the lower socio-economic strata. They also reveal that net costs for having children increased between the investigated periods. This means that dependence on children became more expensive. Consequently, the economic importance of this alternative decreased. This may have been a strong motive for the fertility transition.

On the other hand, net wealth for workers increased at the end of the nineteenth century. Financial assets constituted a great part of the increase. Workers with children had less financial savings than those without children, showing that there was a conflict between the traditional and the modern systems for support in old age. However, still at the turn of the twentieth century funds were generally too small to allow an old worker to retire. These results indicate that neither the old, nor the modern systems, fully satisfied the need for support in old age. This may explain why several Western European countries introduced old age pensions at the beginning of the twentieth century.