Can I still enjoy social security benefits after criminal punishment?

After the retirees are investigated for criminal responsibility according to law, they will not enjoy social insurance benefits and stop paying basic pensions during their sentences.

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.

Employees and individual insured persons are not required to pay the basic old-age insurance premium during the period of being wanted for suspected crimes, being detained without conviction, and serving sentences or reeducation through labor.

Old-age insurance will not be reissued during the period of serving a sentence, and employees and individual insured persons will not pay the basic old-age insurance fee during the period of being wanted for suspected crimes or being held in custody without conviction, and during the period of serving a sentence or reeducation through labor. Among them, if the case is revoked or acquitted, the basic old-age insurance premium and interest shall be paid. If an employee is sentenced to fixed-term imprisonment with probation and fails to terminate the labor relationship, the enterprise and the employee shall continue to pay the fees. During the probation period when the insured individual is sentenced to fixed-term imprisonment, the individual shall continue to pay the fee.

When prisoners and reeducation-through-labor personnel reach the legal retirement age, they shall go through retirement formalities or receive basic old-age pension in accordance with the regulations, and the basic old-age insurance benefits during the prison term shall not be reissued. If a released prisoner reaches the statutory retirement age during serving his sentence and reeducation through labor, but does not meet the conditions for receiving the basic pension, he will not be given the basic pension, and the amount stored in his personal account will be paid to him in one lump sum. The actual payment period is 1 month, and the basic old-age insurance relationship will be terminated at the same time.

Workers working in enterprises of various economic types, migrant workers, individual industrial and commercial households and flexible employees can participate in old-age insurance according to state regulations, pay the old-age insurance premium for 15 years or more, reach the required retirement age, and go through retirement procedures. After approval, they can receive a monthly pension. It should be noted that payment 15 years is the minimum necessary condition. If you don't pay enough, you can't enjoy the pension. But it is not only 15 years, the longer the payment period, the more pensions you receive.

From the above analysis, it can be seen that retirees who have gone through retirement formalities and have been investigated for criminal responsibility according to law cannot enjoy social insurance benefits such as basic pension during their imprisonment. Sentenced to probation, public surveillance and other penalties, can enjoy the basic pension, but do not participate in the adjustment of the basic pension.

legal ground

Article 3 of the Interim Regulations on the Collection and Payment of Social Insurance Fees stipulates that the collection scope of basic old-age insurance premiums includes state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises and their employees, as well as employees of institutions that implement enterprise management.