Lawyer Chen Qingxu of Guangdong University of Commerce (Futian) Law Firm answered: After the sentence is released, the old-age insurance can receive a pension. Prisoners are not allowed to apply for provident fund loans or withdrawals. After serving their sentences, they need to use or withdraw the provident fund in accordance with relevant national laws and regulations and provident fund policies.
The Reply on Pension Insurance for Retired Persons after Serving Sentences stipulates: "If a retiree is sentenced to criminal detention, fixed-term imprisonment or reeducation through labor, the basic pension will be suspended during the period of serving his sentence or reeducation through labor. After serving a sentence or reeducation through labor expires, you can continue to issue basic pensions according to the standards of serving a sentence or reeducation through labor, and participate in future basic pension adjustments. " According to the regulations: "If a retiree dies during serving his sentence or reeducation through labor, the principal and interest of the individual contribution in his personal account can be inherited, but the survivors do not enjoy the corresponding treatment."
First, the division of different types.
On the issue of pension payment for released prisoners, specific problems need to be analyzed. For example, employees of enterprises have been imprisoned, so all pension funds will be suspended during this period, but they can continue to receive pensions after they are released from prison. The pension payment standard will be paid according to the previous treatment, and their later life will not be seriously disturbed.
However, not everyone's pension will be paid in this way. If ex-prisoners used to be retirees from public institutions, then after they are released from prison, the pension treatment scheme is completely different from that of enterprise employees.
In other words, they don't need to pay endowment insurance, and finally they can get a pension of about 70%~90% of their previous salary, which will be paid directly by the finance. In addition, some retirees have caught up with the policy reform, but for a long time before, they did not pay fees and used transitional pensions. To sum up, there are two types of people in public institutions, and their pension distribution system is quite special. If they are released from prison, how should their pensions be distributed?
Second, how to issue?
First of all, 1 retirees are people who have not caught up with the pension reform. The pensions they receive every month are directly allocated by the government, and these retirees have not paid any money during their work. It is precisely because of these factors that once they are sentenced, their pensions will be cancelled immediately, and even if they are released from prison, they will not be able to continue to receive them.
Considering that they may have problems in life after losing their pension, the unit will generally give them a severance payment after they are released from prison. Although they don't have enough security provided by old-age care and their living expenses are enough to maintain their daily livelihood, the payment standards are different in different regions. In most cases, the living expenses will not exceed 60% of the original pension. The specific situation should be understood from the relevant local departments.
The other part is personal contribution, not finance, that is to say, even if this person does something wrong and becomes a released prisoner, they can still get the pension they deserve. At present, this treatment scheme is adopted in most areas. According to the current laws and regulations, retirees from public institutions have become released from prison, and their pensions have indeed been cancelled, and they can only receive basic living expenses. This seems to be a punishment for them, but we should also analyze this matter rationally.
For example, some staff members of public institutions made a wrong decision in their posts and were finally sentenced and punished, so it is normal to cancel their pensions after they are released from prison. However, there are still some staff members of public institutions who have been sentenced for some unexpected situations after retirement, such as traffic accidents.
label
In other words, the reason why they were sentenced has nothing to do with their original positions. They also serve and contribute to the people at work. Therefore, it is a bit unfair to cancel their pensions. Such problems and phenomena need to be seriously discussed and considered by relevant departments.