Can you pay social security while serving a prison sentence

It is not possible to pay social security while serving a prison sentence. During the prison term is not able to renew the insurance, after the completion of the sentence can be released to continue to pay, and the previous payment can be combined with the calculation of years of experience. If a retiree dies while serving a prison sentence or under correctional labor, the individual contributions in his/her personal account can be inherited in accordance with the regulations. If a retiree is sentenced to detention, fixed-term imprisonment and above, or to re-education through labor, the basic pension shall be suspended during the period of imprisonment or re-education through labor, and after the expiration of the period of imprisonment or re-education through labor, he/she may continue to be paid the basic pension at the same rate as the one before the imprisonment or re-education through labor and take part in the subsequent adjustments of the basic pension.

If a retiree dies while serving a prison sentence or undergoing corrective labor, the principal and interest of the individual contribution portion of his or her personal account reserve may be inherited, but the surviving family members are not entitled to the corresponding treatment. If a retiree is sentenced to control, suspended sentence of imprisonment and imprisonment outside the prison, he or she can continue to be issued a basic pension, but does not participate in the adjustment of the basic pension. A retiree's basic pension is suspended while he or she is wanted for a suspected crime or is in custody without being convicted. If the court finds him or her not guilty, the basic pension for the period of being wanted or in custody will be reissued.

Legal basis: Article 83 of the Social Insurance Law of the People's Republic of China

If an employer or an individual believes that the behavior of a social insurance premium collection agency infringes on his or her lawful rights and interests, the employer or the individual may, in accordance with the law, apply for an administrative reconsideration or bring an administrative lawsuit.

An employer or an individual may, in accordance with law, apply for administrative reconsideration or bring an administrative lawsuit against a social insurance agency that fails to register for social insurance, approve social insurance premiums, pay social insurance entitlements, carry out procedures for the transfer and continuation of social insurance, or infringes upon any other rights and interests in social insurance.

If an individual has a social insurance dispute with his or her employer, he or she may apply for mediation or arbitration or file a lawsuit in accordance with the law. If the employer violates the social insurance rights and interests of an individual, the individual may also request the social insurance administrative department or social insurance premium collection agency to deal with the matter in accordance with the law.