The probation period of the Ministry of Labor does not affect the provisions on the deemed payment period.

If the on-the-job personnel are subject to criminal punishment (criminal detention, fixed-term imprisonment or above) or during reeducation through labor, they have participated in the social pooling of basic old-age insurance before serving their sentences, and their personal accounts shall be kept. During the period of serving a sentence, the payment of old-age insurance premiums shall be stopped, and the payment period shall not be counted. After being released from prison, the pension insurance relationship can be continued, and the actual payment period before and after serving a sentence can be calculated together, which is regarded as the payment period and will not be recognized. If a person reaches the legal retirement age during his sentence, he will not go through the retirement formalities during his sentence, and will do so after the expiration of his sentence. Before serving a sentence, the payment period must be at least 15 years before you can go through the retirement formalities.

Provisions are as follows:

1. If the on-the-job insured personnel of government institutions are reeducation through labor or sentenced to fixed-term imprisonment (including probation), they will not pay the old-age insurance premium during reeducation through labor or serving their sentences (including probation), and the payment period will not be counted.

2, institutions on-the-job insured by reeducation through labor or sentenced to fixed-term imprisonment (including probation), if released after being re-employed by institutions, eligible can continue to participate in endowment insurance institutions; After being released from prison, those who are employed by enterprises or self-employed and reach the legal retirement age shall be implemented in accordance with the provisions of the basic old-age insurance system for enterprise employees.

3. The actual payment period before serving the sentence (excluding the deemed payment period) can be combined with the actual payment period after serving the sentence, and the actual payment period before serving the sentence can be included in the personal account of the insured person after serving the sentence. If the enterprise endowment insurance system is changed, the old-age insurance payment period subsidy of its original organs and institutions will not be issued.

4. If a retiree who has gone through retirement formalities and received a monthly pension is sentenced, the basic pension will be stopped during his sentence, reeducation through labor or criminal detention. After the expiration of the period, the pension will be paid according to the pre-sentencing standard from the second month after the application for renewal, and the subsequent pension adjustment will be implemented according to the relevant provisions of the old-age insurance system implemented by me.

5. If a retiree is under residential surveillance and sentenced to fixed-term imprisonment, suspended sentence or execution outside prison, his pension will be paid according to the standard before sentencing, and he will not participate in the adjustment of the basic pension during residential surveillance, suspended sentence and execution outside prison. After the expiration, the pension adjustment shall be implemented according to the relevant provisions of the old-age insurance system implemented by me.

6. The basic pension will be suspended during the period when retirees are wanted for suspected crimes or are convicted and detained. If the court finds him innocent, the wanted order or the basic pension during detention will be reissued.

Legal basis:

Criminal law of the people's Republic of China

Article 41 The term of control shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to two days of imprisonment.

Article 44 The term of criminal detention shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.

Article 47 The term of fixed-term imprisonment shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.

Article 72 A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years shall be suspended. If, according to the circumstances of the crime and the criminal's penitence, it is really no longer harmful to society, a suspended sentence may be declared. If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.

Article 76 During the probation period of probation, criminals who have been declared suspended shall be inspected by the public security organs, and their units or grass-roots organizations shall cooperate with them. If there are no circumstances stipulated in Article 77 of this Law, the probation period of probation expires, and the original sentence will no longer be executed, and it will be publicly announced.

Article 77 If, during the probation period of probation, a criminal who has been suspended commits a new crime or finds that there are other crimes that have not been decided before the verdict is pronounced, his probation shall be revoked, and a verdict shall be made on the newly committed crime or newly discovered crime, and the punishment to be executed shall be decided in accordance with the provisions of Article 69 of this Law. If, during the probation period of probation, a criminal who has been declared suspended violates laws, administrative regulations or the supervision and management regulations of the public security department of the State Council, if the circumstances are serious, his probation shall be revoked and the original sentence shall be executed.