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Can it be counted as the payment period before sentencing?
Of course. If the on-the-job personnel are subject to criminal punishment (criminal detention, fixed-term imprisonment or above) or during reeducation through labor, they have participated in the social pooling of basic old-age insurance before serving their sentences, and their personal accounts shall be kept. During the period of serving a sentence, the payment of old-age insurance premiums shall be stopped, and the payment period shall not be counted. After being released from prison, the pension insurance relationship can be continued, and the actual payment period before and after serving a sentence can be calculated together, which is regarded as the payment period and will not be recognized.

Legal analysis

The deemed payment period refers to the continuous working time calculated according to the state regulations before the actual payment period in all the working years of employees. Before the implementation of the basic old-age insurance system for enterprises and employees, the time calculated as continuous length of service according to the provisions of the state can be regarded as "deemed payment period" and can be combined with the actual "payment period" to calculate and pay the old-age insurance premium. If a person reaches the legal retirement age during his sentence, he will not go through the retirement formalities during his sentence, and will do so after the expiration of his sentence. Before serving a sentence, the payment period must be at least 15 years before you can go through the retirement formalities. If the payment is less than 15 years, it will be handled at one time according to the regulations and will not enjoy long-term treatment. Retirees sentenced to fixed-term imprisonment or above shall not enjoy pension benefits during their prison term. After the expiration of the sentence, you can continue to pay the pension according to the standard before serving the sentence, and participate in the future adjustment of the basic pension. According to the relevant documents, if an employee is reeducated through labor or sentenced to fixed-term imprisonment and loses his wage income, he will not pay the old-age insurance premium during reeducation through labor or serving his sentence, and the payment period will not be calculated. Personal accounts are kept as usual and bear interest, and the payment period (including deemed payment period) before serving a sentence or reeducation through labor is recognized. To put it simply, prisoners may not pay social security during their sentences, but they should pay attention to specific operations. Because the relevant judicial departments and social security departments can't enjoy the information, the family members of individual payers should be able to pay with the prisoner's ID card or social security number.

legal ground

"People's Republic of China (PRC) Social Insurance Law" Article 13 Before employees of state-owned enterprises and institutions participate in the basic old-age insurance, the basic old-age insurance premium that should be paid during the payment period shall be borne by the government. When the basic old-age insurance fund is insufficient to pay, the government gives subsidies.