Social security regulations for sentenced persons

After serving his sentence, he can no longer enjoy old-age insurance, nor can he transfer it. The unified social insurance institution will immediately terminate its pension insurance relationship, and the payment in the previous account will be paid to himself or his relatives in one lump sum.

Legal analysis

According to relevant laws and regulations, social security will not be cancelled after sentencing. Only the length of service is not calculated during the sentence, 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 the release of the sentence, the pension insurance relationship was transferred to enterprise social security to continue to participate in the insurance. If the employee is sentenced, the personal account shall be kept by the social insurance agency, and interest shall continue to be calculated at the bookkeeping rate during the service period. After reaching the statutory retirement age, the personal account amount will bear interest according to the bank's savings deposit rate for urban and rural residents in the same period. At the beginning of criminal judgment, the parties concerned cannot enjoy social security benefits. If an on-the-job employee is sentenced by the judicial organ according to law, the employer will also terminate the labor relationship with the citizen, so after the termination of the labor relationship, the employer will no longer continue to pay social insurance for the employee, and the parties will no longer enjoy the social security benefits of the employee. After the incumbent is sentenced, social security and other issues need to be treated differently according to the actual situation and handled accordingly. If a person is sentenced and dismissed from the job, the length of service will not be calculated during his sentence, and the payment period will not be calculated relatively. If a personal account has been established before sentencing, it shall be kept. Employees who did not pay fees before being sentenced and did not establish personal accounts in social security of public institutions before being sentenced cannot participate in social security of public institutions after being released from prison, but can participate in enterprise social security and enjoy relevant policies and treatment of enterprise social security.

legal ground

Article 4 of People's Republic of China (PRC) Social Insurance Law Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights and interests records, and require social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.