How pension insurance is handled after criminal penalties

The treatment of social security after sentencing depends on the specific situation. If you have been sentenced to a prison term and have been dismissed, you will not be able to count your years of service during your prison term, and you will not be able to count the number of years you have contributed to the program. If an individual account was established before the sentence was passed, the individual account will be kept. Years of service without contributions prior to being sentenced cannot be considered as years of contributions, and no additional years of contributions can be made in the form of individual retroactive contributions. After the release of the sentence, the pension insurance relationship is transferred to the enterprise social security to continue to participate in the enterprise social security and enjoy the relevant policies and benefits of the enterprise social security. The personal account before the sentence and the personal account after release can be combined for calculation.

Criminals pension insurance specific how to deal with:

1, the employee was sentenced to imprisonment, serving a sentence during the individual account by the social insurance agency to be retained, and continue to accrue interest at the crediting rate; after reaching the statutory retirement age, the individual account reserves at the same time by the bank of the urban and rural residents savings deposits rate of interest;

2, the employee was sentenced to imprisonment more than the statutory retirement age after the release, if the middleman has contributed for 10 years and the newcomer has contributed for 15 years, he can go through the retirement procedures and be given the basic pension on a monthly basis, of which the basic pension is handled in accordance with the provisions of Article 35; if the middleman has contributed for less than 10 years and the newcomer for less than 15 years, the entire amount of the stored value of the personal account will be paid to the person in a lump sum, and at the same time, the basic pension insurance relationship will be terminated;

3, the workers Retirement after being sentenced to imprisonment, serving a prison sentence does not enjoy basic pension insurance treatment; release from prison to restore political rights or the expiration of the term of reeducation-through-labor basic pension according to the standard before serving a prison sentence, reeducation-through-labor, and later in accordance with the provisions of the normal adjustment.

Pension insurance for prison inmates can then pay

On the pension insurance for prison inmates, whether the prison inmates need to pay. According to the regulations, the service during the prison term is void, after the completion of the sentence, the person can continue to pay the pension insurance as a social worker, before serving a prison term of service and payment of premiums can be calculated consecutively. During the period of imprisonment, neither the convicted person himself nor his relatives can purchase pension insurance for the convicted person. This is because, according to the social security regulations, all social insurance contributions are suspended during the period of imprisonment. After the completion of the sentence, no matter what kind of work, you can continue to pay the pension insurance. After the completion of the sentence and retirement, you can receive the corresponding amount of insurance premiums according to the number of years of social security contributions (before and after the sentence can be added up). For released prisoners who have not reached retirement age, they should continue to pay social insurance so that they can enjoy basic pension insurance when they retire; if they have completed their sentence and retired, they will enjoy basic pension insurance.

I hope the above can help you, if there are still questions please consult a professional lawyer.

Legal basis:

Article 78 of the Criminal Law

Criminals sentenced to control, detention, fixed-term imprisonment, life imprisonment, during the period of execution, if they conscientiously abide by the rules of the prison, accept the education and reform, and do have repentance, or have meritorious conduct, the sentence can be reduced;

If there is one of the following major meritorious conduct, the sentence shall be reduced:

The sentence shall be reduced:

(1) preventing others from committing major crimes;

(2) reporting major criminal activities inside or outside the prison, which are proven to be true;

(3) inventing or creating major technological innovations;

(4) sacrificing oneself to save others in daily life and production;

(5) having an outstanding performance in resisting a natural disaster or eliminating a major accident;

(6) having an outstanding performance in fighting a natural disaster or eliminating a major accident;

(7) having an outstanding performance in fighting a natural disaster or eliminating a major accident; and

(8) having a major criminal activity in prison, which is not a crime. outstanding performance;

(vi) other significant contributions to the state and society.

Article 2 of the Social Insurance Law of the People's Republic of China

The State establishes a social insurance system for basic old-age insurance, basic medical insurance, work-injury insurance, unemployment insurance, maternity insurance and other social insurance, and guarantees the right of citizens to receive material assistance from the State and society in accordance with the law in the event of old age, illness, work-injury, unemployment and maternity.