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Dismissal of public service before the pension is still counted?
I. What about the pension after the dismissal of public employees?
There is no pension after dismissal from public office. After the dismissal of cadres and employees of administrative institutions, their social pension accounts are automatically frozen and invalidated, and they can continue their previous pension accounts only after they are reinstated in their official positions. If they go to work in other types of units or become self-employed, they are required to re-enroll in social pension insurance on their own. Pension insurance is a social insurance system established by the State in accordance with the relevant laws and regulations to protect the basic livelihood of workers after they reach the working age limit set by the State for the termination of their labor obligations, or after they withdraw from the workforce due to loss of working capacity in old age. The purpose is to use social insurance as a means to protect the basic needs of the elderly, to provide them with a stable and reliable life to
Two, civil servants were dismissed from public service after the salary treatment?
Civil servants were taken coercive measures and subject to administrative and criminal penalties for the treatment of wages and salaries:
(a) civil servants were released on bail pending trial, residential surveillance, criminal detention, arrest period, the suspension of wages and salaries, according to the original 75% of the basic salary of the person's cost of living, do not count the years of service. After examination and verification, the public security organs to withdraw the case or the people's procuratorate does not prosecute or the people's court acquitted, exempted from criminal punishment, and is not institutionalized education, compulsory isolation drug rehabilitation, re-education through labor, administrative detention, and not subject to disciplinary action, reinstatement of wages and salaries, the reduction of the salary to be paid, the period of time during which the coercive measures were taken to calculate the number of years of service.
(2) If a civil servant is at large in criminal detention or has been authorized to make an arrest at large, his or her salary shall be suspended.
(3) If a civil servant is not dismissed during the period of internment, compulsory isolation, re-education through labor and administrative detention, his or her salary and wages shall be suspended, and he or she shall be paid 75% of his or her original basic salary for living expenses, and his or her years of service shall not be counted. Salary and wages after the expiration of the period shall be determined accordingly in accordance with the punishment received.
(4) If a civil servant has been subjected to criminal punishment and the organ deciding on the punishment has not yet made a decision on dismissal, the original salary and wages shall be canceled from the date when the judgment of the people's court takes effect.
(e) If a civil servant has been subjected to criminal punishment, acquitted or exempted from criminal punishment after retrial, and the original decision on dismissal from service has been revoked, and no further disciplinary action is taken, the civil servant's salary shall be reinstated from the month following the date of the change in the disciplinary action. During the period between the original judgment and the completion of the execution of the penalty and the revocation of the decision on dismissal, the wages that were suspended shall be reimbursed by the unit. Before reaching the retirement age prescribed by the State, the working years are counted during the period of the original judgment and the completion of the execution of the sentence to the revocation of the decision on dismissal from service.
(f) If a civil servant is subjected to criminal punishment, acquitted or exempted from criminal punishment after retrial, and the original decision on dismissal is changed, the salary and wages shall be determined accordingly based on the changed punishment, and shall be implemented from the month following the month in which the punishment is changed. During the period between the original judgment and the completion of the execution of the sentence and the change in the decision on dismissal, the unit shall reimburse the overpayment of wages. Before reaching the retirement age prescribed by the State, the period of service during the original sentence and the period from the completion of the execution of the sentence to the change of the decision on dismissal shall be counted as years of service.
In judicial practice, civil servants are dismissed from public service is no pension treatment, the previous pension insurance account will be frozen at the same time as the dismissal, you can choose to re-purchase social pension insurance, for the purchase of social security provisions are related to the purchase of the provisions of the years of processing is not clear, you can consult the social security department staff.
Legal basis:
The People's Republic of China *** and the State Social Insurance Law, Article 16 of the basic pension insurance individuals, reaching the legal retirement age, the accumulated contributions of fifteen years, the monthly basic pension. Individuals who have participated in basic pension insurance and have contributed for less than fifteen years when they reach the legal retirement age may contribute until they reach the full fifteen years and receive the basic pension on a monthly basis; they may also be transferred to the new type of rural social pension insurance or the urban residents' social pension insurance, and enjoy the corresponding pension insurance treatment in accordance with the provisions of the State Council.
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