Whether pension overpayments need to be returned

Legal analysis: once the Social Security Administration discovers an overpayment, it will recover it without delay. As an overclaimer, you have to actively cooperate to return the overclaimed portion without delay.

Legal basis: The Social Insurance Law of the People's Republic of China

Article 4 Employers and individuals within the territory of the People's Republic of China shall pay social insurance premiums in accordance with the law, and shall have the right to inquire into the records of contributions and individual rights and interests, and to request the social insurance agencies to provide social insurance counseling and other related services. Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise the payment of contributions for them by their own units.

Article 74 The social insurance administrative organizations obtain the data necessary for the work of social insurance through business operations, statistics and surveys, and the units and individuals concerned shall provide them in a timely and truthful manner.

Social insurance agencies shall establish files for employers in a timely manner, keep complete and accurate records of social insurance data such as the number of persons participating in social insurance and the amount of contributions paid, and properly keep the original vouchers for registration and declaration, as well as the accounting vouchers for payment and settlement.

Social insurance agencies shall record in a timely, complete and accurate manner the contributions made by individuals participating in social insurance and by employers on their behalf, as well as records of their individual rights and interests, such as the enjoyment of social insurance benefits, and shall regularly send the record sheets of individual rights and interests to the individuals free of charge.

Employers and individuals can inquire and check their records of contributions and social insurance entitlements with the social insurance administration organizations free of charge, and request the social insurance administration organizations to provide them with social insurance consulting and other related services.