How to deal with the social security of illegal personnel

Legal analysis: after being sentenced, social security pensioners can't continue to receive pensions during their sentences. The former General Office of the Ministry of Labor and Social Security stipulated in the Reply on the Pension Insurance Treatment for Retired Persons after Sentence (LetterNo. [200 1]44 from the Labor and Social Welfare Department) that retirees sentenced to criminal detention, fixed-term imprisonment or reeducation through labor will stop receiving basic pensions during their prison sentences or reeducation through labor, and can continue to receive basic pensions according to the standard before serving their sentences or reeducation through labor, and participate in future basic pension adjustments. If a retiree dies during serving his sentence or reeducation through labor, the personal payment principal and interest in his personal account can be inherited. Retirees sentenced to public surveillance, probation with fixed-term imprisonment or execution outside prison may continue to receive basic pensions, but they will not participate in the adjustment of basic pensions. During the period when retirees are wanted for suspected crimes or detained without conviction, their basic pensions will be suspended. If the court finds him innocent, the wanted order or the basic pension during detention will be reissued. According to the relevant regulations of the state, you cannot enjoy political rights and other rights during your sentence. This is also a kind of punishment and responsibility that criminals should bear for their illegal acts. However, after being released from prison, criminals have been punished as they should, and the rights they should enjoy should still be enjoyed normally, including receiving pensions.

Legal Basis: Social Insurance Law of People's Republic of China (PRC) Article 1 This Law is formulated in accordance with the Constitution in order to standardize the social insurance relationship, safeguard the legitimate rights and interests of citizens to participate in social insurance and enjoy social insurance benefits, enable citizens to share the fruits of development and promote social harmony and stability.