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How does Ministry of Human Resources and Social Security stipulate the old-age insurance for national public officials after being sentenced?
Properly handle the issue of endowment insurance for those who participated in the endowment insurance system of county organs and institutions after being sentenced. According to the spirit of the Notice of the Municipal Labor and Social Security Bureau on Handling Opinions on Participating in the Endowment Insurance of Municipal Organs and Institutions after Sentence (Sheban [2008]155), we now put forward the following handling opinions on the endowment insurance of the insured after sentence:

1. If the on-the-job insured personnel of government institutions are reeducation through labor or sentenced to fixed-term imprisonment (including probation), they will not pay the old-age insurance premium during reeducation through labor or serving their sentences (including probation), and the payment period will not be counted.

2. If the on-the-job insured personnel of government agencies and institutions are reeducation through labor or sentenced to fixed-term imprisonment (including probation), if they are re-employed by government agencies and institutions after being released from prison, they can continue to participate in the endowment insurance of government agencies and institutions if they meet the conditions; After being released from prison, those who are employed by enterprises or self-employed and reach the legal retirement age shall be implemented in accordance with the provisions of the basic old-age insurance system for enterprise employees.

Third, the on-the-job insured persons of institutions and institutions who have been reeducation through labor or sentenced to fixed-term imprisonment (including probation) can be combined with the actual payment period after serving their sentences, and the actual payment period before serving their sentences can be included in the personal accounts of the insured persons after serving their sentences according to regulations. If the enterprise endowment insurance system is changed, the old-age insurance payment period subsidy of its original organs and institutions will not be issued.

4. If a retiree who has gone through retirement formalities and received a monthly pension is sentenced, the basic pension will be stopped during his sentence, reeducation through labor or criminal detention. After the expiration of the period, from the month following the application for renewal of insurance, the pension will be paid according to the pre-sentencing standard, and the subsequent pension adjustment will be implemented according to the relevant provisions of the old-age insurance system implemented by me.

5. If a retiree is sentenced to fixed-term imprisonment with probation or execution outside prison, his pension will be paid according to the standard before sentencing, and he will not participate in the adjustment of the basic pension during the period of residential surveillance, probation and execution outside prison. After the expiration, the pension adjustment shall be implemented according to the relevant provisions of the old-age insurance system implemented by me.

6. The basic pension will be suspended during the period when retirees are wanted for suspected crimes or are convicted and detained. If the court finds him innocent, the wanted order or the basic pension during detention will be reissued.

Seven. This notice shall be implemented as of the date of issuance. If the previous relevant provisions are inconsistent with this notice, this notice shall prevail.

Different regions have different treatment methods.

Extended data:

The general office of the Ministry of Labor and Social Security issued an official reply on the treatment of old-age insurance for released prisoners, and will participate in the adjustment of basic pensions in the future. The personal payment principal and interest in the personal account can be inherited, but the survivors do not enjoy the corresponding treatment: the document number of the general office of the Ministry of Labor and Social Security: the release date of the Ministry of Labor and Social Security letter [20065438+0] No.44, and the basic pension can continue to be paid according to the standard before serving the sentence or reeducation through labor. If the court decides that he is not guilty: Your Request for Instructions on Pension Payment for Retired Persons Wanted for Suspected Crimes or Detained without Conviction (Hei Lao She Cheng [20065438+0] No.5) has been received, and the reply is as follows. After research, retirees sentenced to criminal detention, probation or execution outside prison can continue to pay basic pensions, but they will not participate in the adjustment of basic pensions.

References:

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