Q: I am a foreign professional preparing to work in Shanghai, and my work permit application has been confirmed under Category A (High-end Talent).

I would appreciate guidance on the following questions regarding the retirement age framework:

1. According to the official "Work in Shanghai" guidance, there is no age limit for Category A (High-end Talent) employees. Could you confirm whether this also means there is no mandatory retirement age applicable to a locally hired Category A foreign employee?

2. For foreign employees in Shanghai, is the retirement age determined by a specific law or regulation? If so, could you please indicate the applicable provisions?

3. Does the applicable framework for foreign employees distinguish between genders, such as by setting different retirement ages for male and female employees? If so, what is the legal basis?

A: For retirement matters concerning professionals certified as High-end Foreign Talent (Category A), please refer to the relevant provisions governing the participation of overseas talent in Shanghai's employee social insurance system:

- The pension entitlement age for foreign employees in Shanghai is 60 for males and 55 for females. In addition, under national and municipal regulations, both High-end Foreign Talent (Category A) and Foreign Professional Talent (Category B) may defer their pension entitlement age up to 70 years old.

Under the national policy on the gradual increase of the statutory retirement age, the minimum contribution period required to receive a monthly basic pension will gradually increase from 15 years to 20 years beginning on Jan 1, 2030, with the required contribution period increasing by six months each year.

- If an overseas professional is under the age of 65 at the time of recruitment, and both the employer and the employee make a joint written commitment that the employee will work in Shanghai for at least five years, the employee may be permitted to participate in Shanghai’s employee social insurance system.

- After enrolling in the social insurance system, High-end Foreign Talent (Category A) and Foreign Professional Talent (Category B) are entitled to the corresponding medical insurance benefits in accordance with regulations. Those who reach the statutory retirement age and have met the minimum contribution period are eligible to receive a basic monthly pension. In the event of a work-related injury or other such circumstances during the period of employment or service, they are also entitled to corresponding social insurance benefits in accordance with Shanghai's provisions.

- If an employee reaches the statutory retirement age but does not meet the minimum contribution period, they may extend the contribution period or make a lump-sum payment in accordance with regulations to meet the minimum requirement, after which they may receive a monthly basic pension.

Sources: Shanghai Municipal Bureau of Talent Work, Shanghai Municipal Human Resources and Social Security Bureau