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Is there a pension for joining another nationality after retirement?
The reason why I can get a pension after retirement is because I paid old-age insurance at work. Whether you pay the old-age insurance for urban and rural residents (mainly paid by farmers and friends once a year) or the old-age insurance for urban employees (mainly paid by employees of enterprises and institutions once a month), you can receive a pension after meeting certain conditions.
There are only two conditions to accept it. One is to pay endowment insurance 15 years, and the other is to reach the statutory retirement age stipulated by the state.
Endowment insurance is a kind of social insurance, and social insurance is naturally a kind of insurance. Different from commercial insurance, the organizer of social insurance is not an insurance company but a state organ, but the basic attribute of insurance is the same, and the premise of enjoying rights is to fulfill obligations. The so-called obligation is to pay old-age insurance at work. As long as the obligations are fulfilled, regardless of the state afterwards, as long as the person is still alive, he can receive a pension. Of course, if someone dies prematurely, the pension in the personal account can be inherited by relatives at one time, so there is no saying that if you don't get enough pension, you will suffer, and your family can also get a pension from social security.
Back to the subject's question, in fact, the answer and reason are already obvious. The main reason why the subject can receive the pension is not nationality, but the pension insurance paid at work. Therefore, no matter which nationality you join, you can't change the fact that you have fulfilled your obligations before. You can enjoy your rights regardless of your nationality, depending on whether you have fulfilled your obligations.
On the other hand, if the policy allows a foreign guy to pay pension insurance in China, he can also receive pension when he retires, provided that he has paid at least 15 years.
On the contrary, some people are unwilling to pay old-age insurance even if they do not change their nationality, and it is impossible for them to receive a pension after retirement. The local government may give some poverty subsidies, but the nature of the money has nothing to do with pensions. It is a subsidy, and the monthly amount is about tens of yuan.
Is there a pension for joining another nationality after retirement? After retirement, you receive a pension, not a pension. According to the provisions of the Social Security Law, there are two conditions for receiving old-age pension, namely, reaching the statutory retirement age and the minimum payment period of old-age insurance is 15 years. As long as these two conditions are met at the same time, you can receive a basic pension on a monthly basis.
Some retirees become foreign citizens because their children have worked abroad for a long time after retirement, or because their children have settled abroad and joined foreign nationality. As long as their accumulated payment years (including deemed payment years) reach the minimum payment years stipulated by the state, they can go abroad to take refuge in their children or even join foreign nationalities after retirement, and their pensions in China can also be collected as usual.
After the reform of China's old-age insurance system, all citizens who work and live in China must pay the old-age insurance by employers and individuals in accordance with the provisions of the Social Security Law, and they can only retire after reaching the legal retirement age. As for retirement, except for a few secret-related personnel and state officials who need the approval of the relevant departments to go abroad and settle down, for most retirees, there is no requirement to live and settle down there. However, the social security department has a testing mechanism. For example, for those who go through retirement procedures in the insured places, especially those who seek medical treatment in different places, the Social Security Bureau has a detection mechanism out of the province. This test is more convenient, just call the social security department to go out of the province for the record.
For those who have settled abroad, the public security department, the diplomatic department and the social security department have established a big data enjoyment mechanism when handling passports or visas for going abroad. Of course, many retirees who have settled abroad are essentially China citizens, although they have settled abroad. In fact, there is no difference between these people enjoying pension funds and receiving pensions in China; However, some retirees may become foreign citizens because their children have been abroad for a long time.
Although he became a foreign citizen after retirement, as a China citizen in China after retirement, he fulfilled his due responsibilities and obligations in accordance with domestic laws and regulations. Therefore, he should continue to enjoy the rights he used to enjoy in China, and receiving pensions according to law is also the right that these retirees living abroad should enjoy. From 65438 to 0985, relevant state departments issued corresponding policies and measures.
The Overseas Chinese Affairs Department of the Overseas Chinese Affairs Office of the State Council and the Insurance and Welfare Bureau of the Ministry of Labor and Personnel have issued the Regulations on Retirees being allowed to leave the country and settle down, and they can still enjoy retirement benefits after joining a foreign nationality. For retirees who have been allowed to settle abroad, according to the labor insurance regulations, all employees working in enterprises with labor insurance, regardless of nationality, age, sex and nationality, can continue to enjoy the retirement benefits stipulated by the state for retirees who have been allowed to settle abroad.
For retirees who live, settle down or join foreign countries, as long as their living pension will not be affected, they will also participate in the pension adjustment stipulated by the state every year. But at the same time, in order to protect the rights and interests of these retirees, they need to be certified for retirement survival. According to the provisions of the Notice of the Ministry of Foreign Affairs, the Ministry of Finance and Ministry of Human Resources and Social Security on Issues Concerning the Qualification Examination Form for Overseas Personnel, starting from July 1 2005, the China Consulate may issue the Qualification Examination Form for Overseas Personnel upon the application of overseas parties. In other words, retirees who live abroad or join foreign nationalities must go through retirement survival appraisal in accordance with the provisions of this document.
With the rapid development of information technology, it is no longer so troublesome to identify retirement survival. Many people abroad still have a certain distance to go to the consulate, or they can download the mobile phone APP of the human society department in the domestic retirement area, and they can still carry out face recognition on the mobile phone as in China, and also achieve the purpose of retirement survival certification. Retirees who have settled abroad can enjoy the inheritance of the balance of funds in their personal accounts and other death benefits in addition to pensions.
To sum up, Chinese retirees will join other nationalities after retirement. Because they fulfilled their obligation to pay old-age insurance according to law before retirement, although they joined foreign nationality after retirement, it did not affect the timely and full payment of pensions, and it was not affected at all. The biggest trouble may still be medical problems. According to the provisions of the Social Security Law, the medical expenses of seeing a doctor abroad are not covered by medical insurance reimbursement, so the expenses of hospitalization and medical treatment abroad cannot be reimbursed, but the medical insurance benefits enjoyed at home will not change.
Is there a pension for joining another nationality after retirement? In many people's cognition, it is probably impossible to enjoy retirement benefits in China by joining another country's nationality. In fact, people with other nationalities, that is, foreigners, can not only participate in social security in China, but also apply for retirement and receive a pension in China.
According to the Interim Measures for Foreigners Employed in China to Participate in Social Insurance (Order of Ministry of Human Resources and Social SecurityNo. 16), Several Provisions on Implementing the Social Insurance Law of People's Republic of China (PRC) (Order of Ministry of Human Resources and Social Security No.201KLOC-0/65438) and Notice on Issues Related to Doing a Good Job in Social Insurance for Foreigners Employed in China.
1. Foreigners employed in China can participate in social security with reference to the Social Insurance Law.
2. Foreigners who participate in social insurance, who meet the requirements (reach the payment period and statutory retirement age), shall enjoy social insurance benefits according to law.
3. If a foreigner or a person who has changed his foreign nationality leaves the country before reaching the required pension age, his personal social insurance account will be retained, and if he comes to China for employment again, the payment period will be calculated cumulatively; If I apply in writing to terminate the social insurance relationship, I can also pay the amount of personal social insurance account in one lump sum.
4. If you apply for a foreign nationality after retirement, you can still enjoy all pension benefits;
In fact, as early as 1985, the Overseas Chinese Affairs Department of the Overseas Chinese Affairs Office of the State Council and the Insurance and Welfare Bureau of the Ministry of Labor and Personnel stipulated that retirees who have been allowed to leave the country and settle down can still enjoy retirement benefits after joining a foreign nationality ((kloc-0/985) ZiNo. 1 19) stipulates that retirees who have been allowed to leave the country and settle down will join a foreign nationality. "All workers and employees (including apprentices) who work in enterprises that implement labor insurance, regardless of nationality, age, sex and nationality, are subject to these regulations." As long as they hold the retirement certificate issued by the relevant units and their own survival certificate, they can continue to enjoy the retirement benefits of retirees who are allowed to leave the country and settle down as stipulated by the state. 20 15 also stipulates that upon the application of overseas parties, the Chinese Consulate may issue an Examination Form for the Qualification of Overseas Persons to Receive Pensions as the basis for receiving pensions.
Some people don't understand this policy. Foreign Chinese have renounced their China citizenship and become citizens of other countries. They should not enjoy domestic social welfare policies like China citizens. They believe that this provision is unfair and ambivalent to domestic retirees. But legally speaking, it is no problem to continue to receive pensions after joining foreigners for retirement.
Let me answer this question. A female colleague in our office went through the formalities of early retirement about seven or eight years ago, and then immigrated to Canada, and has been receiving a pension until now!
Pension is the income of your life's labor, not given to you by others, and it has nothing to do with nationality, right?
Even if you are a foreign citizen at birth, you have legally paid the old-age insurance in China. Well, you also have the right to receive a pension after retirement.
This is a birthright, and no one can deprive it.
According to China's current laws and regulations, as long as you join a foreign nationality, you will automatically give up your China nationality, and at the same time, the public security department and the Social Security Association will automatically cancel your account and social security. So have you heard of any foreigner who can continue to enjoy the state pension?
However, your life insurance can be taken out at one time.
Join other countries after retirement. Is there a pension?
According to the relevant laws of the country, within the working age and according to the relevant regulations, if the enterprise gives me the treatment of "five insurances and one gold" and I have applied for old-age insurance according to the regulations, then both China people and foreigners should enjoy retirement benefits after retirement. Integration of China people means joining other ethnic groups, and their pensions should not be affected. Of course, if you engage in illegal and criminal activities, you must bear criminal responsibility and treat retirees as public officials and non-public officials respectively. Retirement benefits will certainly be affected.
No matter before or after retirement, as long as you pay the old-age insurance and meet the conditions for receiving treatment, you can receive a pension.
According to Article 16 of the Social Insurance Law, individuals who participate in the basic old-age insurance will receive the basic old-age pension on a monthly basis after reaching the statutory retirement age, with accumulated contributions of 15 years. There is no mention of nationality or other restrictions.
However, in Article 97 of the Social Insurance Law, it is explicitly mentioned that "foreigners who are employed in China shall participate in social insurance in accordance with the provisions of this Law".
Our rules for participating in social insurance are: employees must participate in basic old-age insurance, and flexible employees, individual industrial and commercial households without employees, and part-time workers can participate in basic old-age insurance and basic medical insurance.
Therefore, migrant workers can participate in the basic old-age insurance, and even some migrant workers can participate in the insurance in the name of flexible employees and individual industrial and commercial households. They receive pension insurance benefits, just like ordinary citizens.
And our pension payment is mainly based on the production and life of domestic residents. Retirement pension can only be paid to the financial account bound by personal social security card, and it is paid in RMB, so it will be inconvenient to withdraw it abroad. Moreover, after retirement, the qualifications for receiving pensions should be certified every year. It's good to say that face-brushing authentication is very common now, but if there is a problem with data exchange at home and abroad, it will be troublesome. In addition, after the death of the insured, there are still funeral expenses, pensions and other benefits to be collected, which may lead to traffic problems. In addition, like medical insurance, there are no designated hospitals in China abroad. Therefore, if foreigners live in China after retirement, the impact is not great, but if they live abroad, there will definitely be a lot of inconvenience.
Workers who do not have China nationality may apply to terminate the insurance relationship when leaving the country or after leaving the country. The balance in the personal account of endowment insurance can be paid to me. If you retire, you can also apply to terminate the insurance relationship because it is difficult to get it, but how much balance can you have in your personal account?
To sum up, participating in social insurance is the basic condition for receiving a pension, and people who lose their China nationality can continue to receive a pension.
This is a very controversial issue. It is controversial in law, and the relevant provisions on foreign exchange management are also controversial. Whether pensions are issued or not depends on how relevant measures are implemented.
According to the provisions of the Social Insurance Law, even if retirees have joined other countries' nationality, they are indeed eligible to receive it. Article 16 stipulates that individuals who participate in the basic old-age insurance will reach the statutory retirement age, pay accumulated contributions for 15 years, and receive the basic pension on a monthly basis. In other words, as long as you meet the requirements of paying social security at work, you will be eligible for a pension afterwards. In addition, according to the the State Council Overseas Chinese Affairs Office 1985, the "Regulations on Retirees who have been allowed to leave the country and settle down can still enjoy retirement benefits after joining foreign nationality" also shows that they can receive it.
Although there is legal support at present, these laws are also advancing with the times, and it is still unknown whether they will be changed in the future. However, from the perspective of common sense, in fact, after joining the nationality of another country, you should not be eligible for a pension. Think about it. If a person abandons China's nationality and joins another country's nationality, according to the regulations, he should lose all the rights of our residents. If the account has been cancelled, should his social security account be cancelled? Does his bank account need to be reported to SAFE? Retirees have become citizens of other countries. How can I enjoy social security benefits in China?
But now in the specific management, because there are obstacles in communication between all links, the information has not been fully opened. In this case, some people join other countries' nationality, but they do not cancel our nationality, forming a dual nationality in essence. Even if some people cancel our nationality, they only cancel their household registration in the public security organs, but they do not continue to cancel it in other organs. For example, banks should cancel bank accounts, real estate departments should change the nature of house owners, social security departments should cancel social security accounts, and medical insurance departments should cancel medical insurance accounts.
It is precisely because of this that retirees can still receive benefits in China after joining other countries' nationality, which is actually wrong. As mentioned earlier, although workers pay pensions every month when they go to work, the calculation and annual increase of pensions after retirement are actually of a national welfare nature. I wonder if this kind of welfare is only for domestic residents and not for foreign residents? Similarly, those who have joined a foreign nationality enjoy the old-age social security benefits of other countries abroad. Isn't this equivalent to a person enjoying the benefits of both countries? at present
Of course, there is also the personal account part of the pension account and the personal account part of the medical insurance account. Take it out after closing the account. This is a completely self-contained part of the law, but the part distributed by the whole society should no longer be enjoyed.
In the future, as the information barriers of various departments in China are broken and various regulations are implemented, it is believed that this phenomenon of stepping on two boats with one foot may change.
In addition, China nationality is the most difficult nationality to apply for in the world. I have retired and lived in China for most of my life. Why do they go abroad to suffer like that when they are old? The moon outside is very round, and I believe that old people don't care if they live abroad.
Is there a pension for joining another nationality after retirement? This problem, to be precise, is that people who receive pensions after retirement can continue to receive pensions by joining foreign nationalities abroad, but they have to go back to China for identity verification every year. Otherwise, the pension will be stopped. It is impossible to receive a pension if the pensioner has not been naturalized abroad.
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