How to deal with social security after serving a sentence?

Social security benefits after serving a sentence:

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 the government social security before serving their sentence cannot be insured in the government social security after being released from prison, but they can be insured in the enterprise social security and enjoy the relevant policies and treatment of the 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.

Prisoners can pay social security while serving their sentences, and there is no law prohibiting them from buying old-age insurance:

1. Some provinces and cities have issued policies. Those released from prison who have participated in the basic old-age insurance before being sentenced or re-educated through labor should continue to pay the old-age insurance premium and enjoy the basic old-age insurance benefits when they retire.

2. Those who have reached retirement age after serving their sentences and reeducation through labor and meet the conditions for enjoying the basic old-age insurance benefits shall enjoy the basic old-age insurance benefits according to regulations;

3, enjoy the basic old-age insurance benefits of retirees who have been sentenced or reeducation through labor, after serving their sentences and reeducation through labor expires, according to the standard to resume enjoying the basic old-age insurance benefits.

To sum up, you can't participate in social insurance and enjoy social security benefits during your sentence. 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.

Legal basis:

Article 25 of People's Republic of China (PRC) Labor Contract Law

In any of the following circumstances, the employer may terminate the labor contract:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of labor discipline or the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the interests of the employer;

(4) Being investigated for criminal responsibility according to law.