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Can you pay social security while serving a prison sentence
Legal analysis: can not. Can not participate in social insurance during the prison sentence can not enjoy social security benefits. At the same time during the prison term is not able to renew the insurance, after the completion of the sentence can continue to pay, and the previous payment can be combined to calculate the number of years. Retirees who die while serving a prison sentence or correctional labor, the individual contributions in their personal account can be inherited in accordance with the provisions of the individual contributions.
Legal basis: The Social Insurance Law of the People's Republic of China
Article 10 Employees shall participate in basic pension insurance, and the employer and the employee **** the same basic pension insurance premiums. Individual industrial and commercial households without employees, part-time workers who do not participate in basic pension insurance with their employing units, and other flexibly employed persons may participate in basic pension insurance and pay basic pension insurance premiums by themselves. The methods of pension insurance for civil servants and staff members administered under the civil service law shall be prescribed by the State Council.
Article 16 Individuals participating in basic old-age insurance shall receive a monthly basic pension if they have made contributions for a total of fifteen years by the time they reach the legal retirement age. Individuals who have participated in basic old-age insurance and have contributed for less than fifteen years by the time they reach the legal retirement age may contribute until they reach the full fifteenth year, and receive a basic pension on a monthly basis; they may also be transferred to the new type of rural social old-age insurance or to the social old-age insurance for urban residents, and shall enjoy the corresponding old-age insurance benefits in accordance with the provisions of the State Council.
Article 12 The employer shall pay the basic pension insurance premiums in accordance with the proportion of the total wages of the employees of the employer as stipulated by the State, which shall be credited to the basic pension insurance fund. Employees shall pay the basic pension insurance premiums in accordance with the proportion of their own wages as prescribed by the State and credited to their individual accounts. Individual business households without employees, part-time workers who do not participate in the basic pension insurance of the employer, and other flexibly employed persons to participate in the basic pension insurance shall pay the basic pension insurance premiums in accordance with the state regulations, which shall be credited to the basic pension insurance fund and individual account respectively.
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