The state exercises strict supervision over social security funds, and any form of defrauding social security funds is illegal. Those who defraud a large amount of social security funds will be investigated for criminal responsibility.

Typical case:

Case 1:

An insured person defrauded the social security fund by submitting false identity materials to modify the date of birth and going through retirement procedures before reaching retirement age. Later, when the staff of the social security agency handled the business, they found fraud and transferred it to the public security organ for investigation. Finally, he was sentenced to two years and eleven months in prison by the people's court for fraud and suspended for four years.

Case 2:

The staff of a social security agency in a city found that some application materials were suspected of forging official seals when handling the business of "one-time payment audit of endowment insurance for institutions and institutions". According to the field investigation by the human and social departments, the payer is not an employee of the unit listed in the application materials, but an illegal intermediary agency. After collecting the "intermediary fee", it handles the endowment insurance for individuals and defrauds the social security fund. In the end, the person in charge of the intermediary agency was sentenced to two years and four months in prison by the people's court for fraud.

Case 3:

The human resources department of a city received a report that a company defrauded the social security fund when handling work-related injury insurance benefits for employees. After the investigation of the medical records and insurance records of employees with work-related injuries by the human and social departments, it was found that the company reissued the insurance procedures for employees with work-related injuries, and when applying for work-related injury identification, it resorted to fraud and lied about the time when the work-related injuries occurred as insurance to defraud the work-related injury insurance benefits. In the end, the person in charge of the company was sentenced to 7 months in prison by the people's court for fraud and fined 1 10,000 yuan.

Case 4:

A city's social security agency found through systematic comparison data that the insured Wang was suspected of having been employed and still enjoyed unemployment insurance benefits. The relevant departments investigated him, but Wang still concealed the fact that he was employed and had a stable income during his enjoyment of unemployment insurance benefits, and refused to return the more than 20,000 yuan of unemployment insurance benefits he enjoyed. The case was investigated by the public security organ and tried by the people's court. Wang was sentenced to 6 months' imprisonment for fraud, with probation 1 year.

Case 5:

After Chen Mou, who received the basic old-age insurance benefits for employees, died, his family members failed to report to the social insurance agency, provided false survival certificates during the annual survival certificate period, and impersonated a pension of more than 90,000 yuan. Through cross-departmental information comparison, the human and social departments found that Chen Mou's registration status in the relevant departments was dead, so they transferred the case to the public security organs. Finally, Chen Mou's family was sentenced to three years' imprisonment by the people's court for fraud.

Special reminder:

According to the Memorandum on Joint Disciplinary Cooperation between Enterprises and Their Related Personnel in the Social Insurance Field (No.2065438+081704) issued by the National Development and Reform Commission and other 28 departments on May 22, 1965, "those who participate in and declare social insurance by resorting to fraud, forging certification materials or other means to defraud social insurance fund expenditures or social insurance benefits". Restrict participation in government procurement activities as suppliers; The information of dishonesty is included in the basic database of financial credit information, which provides an important reference for financial institutions' financing and credit granting.

Laws and regulations:

(1) Provisions on legal liability for insurance fraud

1. Article 88 of People's Republic of China (PRC) Social Insurance Law:

Whoever defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and a fine of not less than two times but not more than five times shall be imposed. Article 94: "Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law."

2. Article 266 of the Criminal Law of People's Republic of China (PRC):

"Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. "

3.2065438+On April 24th, 2004, the Eighth Session of the Standing Committee of the 12th NPC passed the "About"

Interpretation of Article 266:

"Whoever defrauds pension, medical care, work injury, unemployment, maternity and other social insurance benefits or other social security benefits by fraud, forged certification materials or other means belongs to the act of defrauding public and private property as stipulated in Article 266 of the Criminal Law."

(two) the relevant provisions on the enjoyment and payment of social insurance benefits.

1. Article 43 of the Social Insurance Law of People's Republic of China (PRC):

"Workers injured in one of the following circumstances, stop enjoying the benefits of work-related injury insurance.

1) lose the conditions for enjoying treatment;

(two) refused to accept the labor ability appraisal;

3) refuse treatment. "

Article 51 of People's Republic of China (PRC) Social Insurance Law:

"Unemployed people in one of the following circumstances during the period of receiving unemployment insurance benefits, stop receiving unemployment insurance benefits, and at the same time stop enjoying other unemployment insurance benefits:

1) Re-employment;

2) Military service should be conquered;

3) emigration;

4) Enjoy basic old-age insurance benefits;

(five) refusing to accept the appropriate work or training provided by the departments or institutions designated by the local people's government without justifiable reasons. "

3. Notice of the Ministry of Labor and Social Security on Further Standardizing the Socialized Distribution of Basic Pensions (No.8 issued by the Ministry of Labor and Social Security [20065438+0]);

"Retirees in any of the following circumstances, social insurance agencies should stop or temporarily stop their basic pension:

1) Failing to provide my residence certificate or other relevant certification materials as required without justifiable reasons;

2) The whereabouts are unknown for more than 6 months, and their relatives or interested parties report their disappearance or the household registration authority temporarily cancels their household registration;

3) During the period of being sentenced to fixed-term imprisonment or reeducation through labor;

4) Other circumstances stipulated by laws and regulations. "