Measures to deal with fraudulent pensions

Legal analysis: Pension is the exclusive property of retirees. Once a retiree dies, his rights and interests naturally disappear, and any third person has no right to inherit or obtain a pension through improper means. After the death or disappearance of a retiree, it is illegal for his close relatives or other third parties to conceal the truth to defraud the pension, and it is a crime if the amount of fraud exceeds a certain limit. The former Ministry of Labor and Social Security's Notice on Further Standardizing the Socialized Distribution of Basic Pensions (issued by the Ministry of Labor and Social Security) [2001] No.8 stipulates: "After the death of a retiree, if his relatives or others impersonate the pension, the social insurance agency shall order the impersonator to return the impersonated amount, and the administrative department of labor and social security shall punish him according to law; For those who refuse to refund the defrauded amount, the social insurance agency may apply to the people's court for compulsory execution. " According to the criminal law of our country, it is a crime of fraud to defraud a large amount of public or private property by fictional facts or concealing the truth for the purpose of illegal possession. Article 266 of the Criminal Law stipulates: "Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years and fined; If the amount is especially huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of 10 or life imprisonment, and shall be fined or confiscated. " According to the judicial interpretation of the Supreme People's Court 1996, a large amount refers to 2,000 yuan, a huge amount refers to 30,000 yuan, and a particularly huge amount refers to more than 200,000 yuan.

Legal basis: Article 88 of the Social Insurance Law of People's Republic of China (PRC) defrauds social insurance benefits by fraud, forgery of certification materials or other means, and the social insurance administrative department shall order it to return the defrauded social insurance benefits and impose a fine of not less than two times but not more than five times the amount defrauded.