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Will the Social Security Bureau miscalculate the pension?
The basic pension for retirees shall be paid by the social insurance agency. Find the social insurance agency, that is, the local human resources and social security bureau, and truthfully reflect the situation. If the calculation of the social security bureau pension is wrong, you can apply to the social security bureau for administrative reconsideration. If you are not satisfied with the reconsideration result, you can bring an administrative lawsuit to the local court.
Remedies for miscalculation of retirement pension insurance: 1. You can consult the management center where the unit is located with the pension approval form issued by the social security unemployment management center. 2. You can bring your ID card, social security card and other relevant information to the social security agency of the insured place for inquiry, and the social security agency will make changes.
The people's court shall accept the claim that the employer fails to handle the social insurance formalities for the workers and the social insurance agency cannot make up for it, resulting in the workers being unable to enjoy the social insurance benefits. This provision will bring such social security disputes into the scope of the people's court. Because the social insurance agency can't go through the formalities of paying back the pension for the insured after he reaches retirement age, he can be held liable for compensation. However, it is difficult to accurately define the pension insurance benefits for employees after retirement due to factors such as working years, retirement time, payment amount and policy changes. Based on the particularity of pension insurance management, in social security disputes, the limit of proof of workers can only prove that the loss of pension insurance benefits has indeed occurred. As for the specific amount of loss, the social insurance agency can't make accounting, and can't criticize the parties for providing accurate evidence. The people's court shall make a judgment according to law.
Legal basis: Article 15 of the Social Insurance Law of People's Republic of China (PRC) consists of overall pension and individual account pension. The basic pension is determined according to factors such as individual cumulative payment years, payment wages, average salary of local employees, personal account amount, average life expectancy of urban population, etc.
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