Job Recruitment Website - Social security inquiry - Can prisoners pay social security?
Can prisoners pay social security?
You can't renew your insurance during your sentence, but you can continue to pay after you get out of prison, and you can calculate the life together with the previous payment. If a retiree dies during serving his sentence or reeducation through labor, the individual contributions in his personal account can be inherited according to regulations. If a retiree is sentenced to criminal detention, fixed-term imprisonment or reeducation through labor, the basic pension will be suspended during his sentence or reeducation through labor. After serving a sentence or reeducation through labor expires, you can continue to pay the basic pension according to the standard before serving the sentence or reeducation through labor, and participate in the adjustment of the basic pension in the future.
How to calculate and distribute the old-age insurance for prisoners;
1, the state has corresponding regulations on old-age insurance for prisoners. If an individual is sentenced to reeducation through labor, his personal account shall be kept by the social insurance agency during the period of serving his sentence and reeducation through labor, and continue to bear interest at the bookkeeping rate; After reaching the statutory retirement age, the personal account amount will bear interest according to the bank's savings deposit rate for urban and rural residents in the same period;
2. If an individual is sentenced or released from prison after the legal retirement age, and the payment period of "middle person" is 10 years, and that of "new person" is 15 years, he can go through the retirement formalities and pay the basic pension on a monthly basis, in which the basic pension is treated according to the provisions of Article 35; If the payment period of "middle-aged" is less than 10 years, and that of "new-aged" is less than 15 years, all the savings in his personal account will be paid to him in one lump sum, and the basic old-age insurance relationship will be terminated at the same time;
3. If an individual is sentenced to reeducation through labor after retirement, he will not enjoy the basic old-age insurance benefits during the period of serving his sentence and reeducation through labor; After the release of a sentence or the expiration of reeducation through labor, the basic pension shall be paid according to the standards before serving the sentence and reeducation through labor, and then adjusted normally according to the regulations. Retirees who have been sentenced to fixed-term imprisonment and suspended and have not been deprived of their rights can continue to enjoy the basic old-age insurance benefits, and the basic pension will not be adjusted during the probation period.
To sum up, according to the provisions of social security, all social insurance for criminals during their sentences is suspended. After serving a sentence, you can continue to pay endowment insurance. After retiring after serving a sentence, you can receive the corresponding amount of insurance money according to the previous years of social security payment (which can be accumulated before and after serving a sentence).
Legal basis:
Article 83 of the Social Insurance Law of People's Republic of China (PRC)
If the employing unit or individual thinks that the behavior of the social insurance fee collection agency infringes upon its legitimate rights and interests, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
The employing unit or individual may apply for administrative reconsideration or bring an administrative lawsuit against the social insurance agency for failing to register social insurance, verify social insurance premiums, pay social insurance benefits, handle social insurance transfer and connection procedures or infringe upon other social insurance rights and interests according to law.
Individuals and employers who have social insurance disputes may apply for mediation, arbitration and bring a lawsuit according to law. If an employer infringes upon an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law.
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