Will the person concerned be dismissed if he/she contributes illegally, receives illegally or reclaims his/her old-age pension?

The illegal fraudulent claim of basic pension insurance treatment, refers to the treatment recipients lose the qualification of treatment after the person himself or others continue to receive treatment. That is, after the death of the treatment recipient, his relatives continue to fraudulently claim the deceased urban and rural residence insurance treatment behavior.

2, prison sentence fraud. That is, the recipient of the treatment during the receipt of pension serving a prison sentence, their relatives did not declare the suspension of treatment, but still continue to fraudulently claim the treatment of prisoners.

3. Repeated receipt. That is to say, the insured person to participate in repeated institutions pension insurance, urban enterprise employees pension insurance or cross-coordinated region to participate in repeated urban and rural residence insurance and repeated receipt of basic pension insurance treatment behavior.

What are the legal consequences of illegally claiming basic pension insurance benefits?

The illegal claiming of benefits is a violation of the law, and the fraudulent or duplicated benefits must be returned, and those who refuse to return them will also be subject to administrative penalties by the social insurance administrative department, and will be included in the list of people who have lost their credibility. If you are suspected of committing a crime, you will be sent to the judicial authorities for criminal responsibility. The reference laws and regulations are as follows:

1. Article 87 and 88 of the Social Insurance Law If a person cheats the expenditure of the social insurance fund and fraudulently obtains social insurance treatment by fraud, falsification of supporting documents or other means, the administrative department of social insurance shall order the return of the fraudulently obtained social insurance benefits, and impose a fine of not less than twice and not more than five times of the amount of the fraudulently obtained benefits. Those who constitute a crime will be investigated for criminal responsibility according to law.

2. Article 8 of the Interim Measures for the Convergence of the Urban and Rural Pension Insurance Systems stipulates that insured persons shall not be entitled to receive urban workers' pension insurance and urban and rural residents' pension insurance benefits at the same time. For those who receive both urban workers' pension insurance and urban and rural residents' pension insurance, the relationship between urban and rural residents' pension insurance shall be terminated and dissolved, and the balance of the individual account other than the government subsidy shall be returned to the participant, and the basic pension for urban and rural residents' pension insurance shall be returned to the participant; if the participant refuses to return it to him/her, the social insurance agency shall be responsible for deducting it from the balance of the urban and rural residents' individual account or the basic pension of urban and rural workers' pension insurance. The social insurance agency shall be responsible for deducting the pension from the balance of the individual account of the urban and rural residents' pension insurance or the basic pension of urban workers' pension insurance.

What is the procedure for auditing irregularities in receiving pension benefits?

1. Discovering suspected problems. Social insurance agencies at all levels make full use of the big data from public security, civil affairs, health care, justice and other departments to discover suspected irregularities in receiving benefits through data comparison and annual qualification certification.

2. Verification of irregularities. The social security administration department verifies the facts of illegal treatment recipients and funds through data verification, on-site investigation and household verification, and accounts for the amount of illegal treatment received.

3. Dealing with irregularities. The illegal recipients of treatment or their relatives (legal heirs or designated beneficiaries) issued the "Recovery of Social Insurance Benefits Notice", ordered the return of illegal pensions, the refusal to cooperate with the return of the labor inspection department for administrative penalties, suspected of committing a crime, referred to the judicial organs to pursue criminal responsibility.

How to return the illegal pension benefits?

People who have received benefits in violation of the law or their relatives (legal heirs or designated beneficiaries) can return the funds received in violation of the law in one of the following ways:

1. Refund of staff assistance: Go to the social security office with the "Recovery of Social Insurance Benefits Notice" to ask for assistance from the relevant staff in refunding the funds to the refund account.

2. Refund over the counter at the designated bank: go to the designated bank with the Notice of Recovery of Social Insurance Benefits to have the funds refunded to the refund account.

3. Online refund: Use Internet banking, mobile banking, WeChat or Alipay to transfer money to the refund account.

How to avoid the illegal behavior of receiving pension insurance benefits?

1, the death of the person receiving treatment, his relatives and household registration of the street community coordinator should promptly report the death of the information for the termination of treatment issuance procedures, cancellation of the registration of the insurance relationship, to prevent the death of fraudulent treatment.

2. If the recipient of the treatment is serving a prison sentence, his relatives and the community coordinator of the street where he is domiciled should report the information about the prison sentence in time for the procedure of suspending the issuance of the treatment. Upon the expiration of the sentence, the person shall provide relevant judicial documents to the social security office to apply for the resumption of treatment, and the treatment shall be renewed from the month following the expiration of the sentence, and the treatment shall not be reissued during the suspension period.

3, the insured person in the treatment procedures, should truthfully provide the relevant declaration materials and inform whether the state has participated in other basic pension insurance, to prevent duplication of basic pension insurance benefits.

4, treatment recipients should participate in the annual (quarterly) qualification certification of treatment on time, not completed the qualification certification, will be unified to suspend the payment of treatment, to be completed after the certification procedures and then renewed and retroactive payment of treatment, to prevent irregularities in the receipt of treatment.