Do you have a pension if you don't close your account after you die?

Of course, it is impossible for a person to receive a pension without canceling his account after death. This is an impostor and will also bear legal responsibility; Similarly, the average living person needs to be certified when receiving a pension every year. If they have no legal certification, they will not be treated by the state.

After the death of retirees, their families should go through the relevant formalities at the local community and town (street) labor security office with the cremation certificate and the account cancellation certificate in time, and then apply for funeral grants and pensions at the social security center, otherwise it will be handled according to the relevant policies and regulations.

1. Is it a fraud to get a pension under an assumed name?

Fraudulent pension is fraud; If the circumstances are serious, criminal responsibility may be investigated.

According to the provisions of Article 266 of the Criminal Law, those who swindle a large amount of public or private property shall be placed on file.

The crime of fraud is a crime of amount, and the actor must reach the standard of "large amount" and defraud public and private property by fraud, which constitutes the crime of fraud and should be investigated.

Account cancellation generally refers to death or immigration. In both cases, you can apply for surrender. The surrender process is as follows:

Surrender procedure:

1. The surrenders should write an application for surrender, specify the reasons for surrender, and attach relevant materials, such as entrance examination, recruitment, household registration and other materials, and go through the formalities at the township management agency.

2, the township management agencies to review the relevant certificates, and signed opinions, and will apply for surrender of the payment card, payment record card and submitted to the county insurance institutions. County-level insurance institutions re-examine the submitted materials, and calculate the amount of surrender if they meet the conditions for surrender.

3. According to the spirit of Document No.39 of the Ministry of Civil Affairs, the surrender amount of normal surrender and abnormal surrender should be calculated according to different standards. Normal surrender, according to the annual interest rate of 7.5% return interest. After deducting the management service fee and bearing interest at the compound interest rate of 7.5% per annum, the proportion of individuals returned collectively depends on the situation.

The part of the collective subsidy that has not been returned to the individual is credited to the fund. In case of abnormal surrender, only the principal of insurance premium and the amount of collective subsidy paid by the insured person will be refunded. According to the principle that collective subsidies that have been credited to individuals will not be refunded and credited to the fund.

Legal basis:

Article 151 of the Criminal Law of People's Republic of China (PRC) swindles a large amount of public and private property, which constitutes the crime of fraud. Individuals who defraud public or private property of more than 3,000 yuan belong to "a large amount", and those who defraud public or private property of more than 30,000 yuan belong to "a huge amount"

Chapter XI Legal Liability Article 88 of the Social Insurance Law: "If a person defrauds social insurance benefits by fraud, forgery of certification materials or other means, the social insurance administrative department shall order him to return the defrauded social insurance benefits and impose a fine of not less than two times but not more than five times the amount defrauded."