Job Recruitment Website - Social security inquiry - After being sentenced, can social security pensioners continue to receive pensions during their sentences? Do you have any relevant documents?
After being sentenced, can social security pensioners continue to receive pensions during their sentences? Do you have any relevant documents?
The relevant documents are as follows:
1. Letter from the Ministry of Personnel on whether the retirement fee can be increased during the probation period when retired cadres are sentenced to fixed-term imprisonment 1996286.
Retired cadres who have been sentenced to fixed-term imprisonment and have not been deprived of their political rights during the probation period and continue to enjoy the original retirement benefits according to the regulations. If the probation period is consistent with the provisions of the state, the retirement fee should not be increased, but it can be increased according to the regulations after the probation period expires, but the difference between the probation periods will not be reissued. ?
2. Reply on Pension Insurance for Retired Persons after Sentenced,No. [2006 54 38+0]44 of the Labor and Social Welfare Department.
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. If a retiree dies during serving his sentence or reeducation through labor, the principal and interest paid by the individual in his personal account can be inherited, but the survivors do not enjoy the corresponding treatment.
Retirees sentenced to public surveillance, probation with fixed-term imprisonment or execution outside prison may continue to receive basic pensions, but they will not participate in the adjustment of basic pensions. During the period when retirees are wanted for suspected crimes or detained without conviction, their basic pensions will be suspended. If the court finds him innocent, the wanted order or the basic pension during detention will be reissued.
3. Letter on Supplementary Explanation to Letter No.44 of the Office of Labor and Social Affairs [2003]3 15 [200 1].
During the period of temporary execution outside prison and parole after serving a sentence, retirees can continue to issue basic pensions according to the standards before serving their sentences, but they will not participate in the adjustment of basic pensions. If the parole is revoked and continues to serve the sentence, the basic pension will be suspended from the month of revocation; After the expiration of parole, if the original sentence has been declared to have been executed, the basic pension will continue to be paid according to the standard before sentencing and participate in the adjustment of the basic pension for the next year.
Persons who participate in the basic old-age insurance for enterprise employees are sentenced to more than criminal detention or reeducation through labor, and if they reach the legal retirement age during the period of serving their sentences or reeducation through labor, they will be suspended from going through retirement procedures until the expiration of their sentences or reeducation through labor.
:
Article 16 of the Social Insurance Law of People's Republic of China (PRC) stipulates that individuals who participate in the basic old-age insurance will receive the basic old-age pension on a monthly basis when they reach the statutory retirement age and have paid the accumulated contributions for fifteen years.
Retirement means that according to the relevant regulations of the state, workers quit their jobs because of old age or disability due to work or illness.
The legal retirement age in China is 60 for male employees, 55 for female cadres and 50 for female employees.
Ministry of Human Resources and Social Security-Reply on the issue of pension insurance benefits for sentenced retirees
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