Retirees can sue for social security.

Retirees can sue for social security, but they need to meet certain conditions and follow corresponding procedures.

First, the pursuit of social security payment conditions.

Retirees who want to pursue social security payment need to confirm that there are omissions or deficiencies in their social security payment. This usually includes careful verification of past payrolls, social security payment records and other materials. Once it is found that there is no payment or underpayment, retirees have the right to file a lawsuit to request the payment of social security funds.

In addition, when pursuing social security payment, we should also consider the time factor. Generally speaking, the prosecution period of social security payment is limited. Retirees should know their rights as soon as possible and file a lawsuit request within the prescribed time limit so as not to miss the opportunity.

Two, the prosecution to pay social security fees.

Collecting evidence: retirees need to collect evidence related to social security payment, such as payroll, social security payment records, labor contracts, etc. These evidences will be used to prove that there are omissions or deficiencies in social security payment.

Application: After preparing the evidence materials, retirees should submit a written application to the local social security department to recover the social security funds. In the application, you should state your situation in detail and attach relevant evidence.

Audit processing: after receiving the application, the social security department will audit the materials submitted by retirees. If the audit is passed, the social security department will pay back in accordance with relevant regulations. If the audit is unqualified, the social security department will explain the reasons to the retirees.

Payment: Once the social security payment request is approved, retirees need to pay the corresponding social security fees according to the requirements of the social security department. This includes the part that individuals should pay and the part that units should pay.

Third, matters needing attention

Retirees should pay attention to the following points in the process of pursuing social security payment:

Understand the policy provisions: retirees should fully understand the relevant social security policies and regulations before applying to ensure that their requirements meet the requirements of laws and regulations.

Keep communication: keep good communication with the social security department, keep abreast of the application progress, and supplement or modify the materials as needed.

Choose an agent carefully: If it is necessary to entrust others to handle prosecution and pay back social security matters, retirees should choose an agent carefully and sign a clear agency agreement with them.

To sum up:

Retirees can sue for social security, but they need to meet certain conditions and follow corresponding procedures. Before applying, retirees should fully understand their social security contributions, collect relevant supporting materials and submit a written application to the social security department. In the process of prosecution, retirees need to pay attention to policies and regulations, keep communication, and carefully choose agents. Paying social security in a legal and compliant way is helpful to protect the legitimate rights and interests of retirees.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 63 provides that:

If the employer fails to pay social insurance premiums in full and on time, the social insurance collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance collection agency may apply to the people's court to seal up, detain or auction the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium.

People's Republic of China (PRC) social insurance law

Article 86 provides that:

If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.