How to deal with social security after employees are sentenced?

If an employee is sentenced or reeducation through labor, his personal account shall be kept by the social insurance agency during the period of serving his sentence or reeducation through labor, and continue to bear interest at the bookkeeping rate.

1. In-service sentenced and dismissed, the length of service is not calculated during the prison term, and the payment period is relatively not calculated. If a personal account has been established before sentencing, it shall be kept. The years of work without payment before being sentenced cannot be regarded as the years of payment, and the years of payment cannot be added in the form of personal payment. After being released from prison, the pension insurance relationship is transferred to enterprise social security to continue to participate in the insurance and enjoy the relevant policies and treatment of enterprise social security. Personal accounts before being sentenced and personal accounts that continue to participate in insurance after being released from prison can be merged. Those who have not established a personal account in government social security before serving their sentences cannot participate in government social security after being released from prison, but they can participate in enterprise social security and enjoy relevant policies and benefits of enterprise social security.

2. If the on-the-job sentenced person has not been dismissed, and the continuous length of service is calculated with the approval of the relevant department, the old-age insurance premium shall continue to be paid during the prison term. The payment base can refer to the wage standard before sentencing. If the work is rearranged after the release from prison, the new unit will continue to participate in the insurance according to the nature of the new unit.

3. If the prisoner continues to participate in the insurance after his release from prison and reaches the statutory retirement age and the payment period does not reach the prescribed payment period, I will voluntarily continue to pay to the payment period, retire according to the old-age insurance method, and receive a monthly pension from the next month. I do not want to continue to pay, according to the provisions of the old-age insurance measures, to the elderly living allowance, a one-time payment.

Is there a pension after being sentenced to retirement?

Retirees who have been sentenced for crimes will stop paying pensions, and they can continue to enjoy pensions according to the original standards after serving their sentences. If a retiree is sentenced to criminal detention, fixed-term imprisonment or reeducation through labor, the basic pension will be suspended during the period of serving his sentence or reeducation through labor, and the basic pension can continue to be paid according to the standard before serving his sentence or reeducation through labor.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 12 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall pay the basic old-age insurance premium in proportion to the total wages of its employees as stipulated by the state and record it in the basic old-age insurance pooling fund. Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual accounts respectively.