I was one year short of retirement, but I was sentenced to 10 years in prison for breaking the law. Can I still get a pension when I come out?

It depends on whether it is a civil servant or an enterprise employee. Civil servants will be expelled from public office after being sentenced, and they will not be able to enjoy pension benefits after coming out. Enterprise employees pay social security by themselves, and eligible employees can receive pensions.

Let me give you an example to answer.

One of my college classmates, a real department-level cadre, was sentenced to four years in prison. After being released from prison, he returned to his original unit to work as a contract worker. At the age of 62, he reached 15, and retired to get a pension of more than 1000 yuan.

My college classmate 2: a real deputy department-level cadre, sentenced to 7 years in prison. He was released on medical parole because of poor health, and actually only served half a year. Now that the sentence has expired, there is no pension. I will open my own tobacco hotel and do some small business to maintain my living expenses.

I chatted with my classmates a while ago. Some people say that people who have served their sentences can apply for urban basic pension, which is equivalent to the minimum living allowance for poor households.

However, this news is just a chat between classmates. I didn't see the terms of the official document, nor did I hear the news that someone successfully handled it, which was unconfirmed.

No matter what causes the illegal crime, it will be severely punished by law. Whether you can receive a pension after serving a sentence should be treated differently according to your personal attributes, and the laws and regulations of the state should be strictly enforced. The following questions are answered one by one.

There is still one year to retire, and he was sentenced to 10 year for illegal crimes. Can he get a pension after he is released from prison? There should be two answers to the nature of this case.

First, civil servants who violate the law and commit crimes must be expelled from the party and public office, and they cannot receive pensions after serving their sentences. Because there is no length of service after dismissal, no pension can be calculated without length of service. Even if you pay the old-age insurance after June 20 14, and the payment period is less than 15 years, according to the regulations, the pension and interest paid by individuals can only be returned to you in one lump sum. Therefore, at present, civil servants commit crimes and cannot receive pensions after serving their sentences.

Second, employees of enterprises who violate the law and commit crimes must be expelled from the party and public office. After being released from prison, the pension standard is calculated according to the number of years of participation and the amount of payment. Because of illegal crime, the individual was dismissed from his post, and the payment period was cleared. After being released from prison, the accumulated pension insurance paid by individuals is less than 15 years, and it is stipulated that all the pension and interest paid by individuals can only be returned to them at one time, and they cannot receive pensions. If an individual has paid endowment insurance for more than 15 years, the pension amount for the remaining years shall be given according to laws and regulations. Therefore, whether enterprise employees can receive pensions after being released from prison for illegal crimes depends on individual contributions.

In short, everyone is equal before the law, and the results are different due to different personal attributes, based on the Social Insurance Law of People's Republic of China (PRC).

Pension is a social security system. Whether you are an official or a citizen, your money invested in social security will always be yours. You can only say that the unit will not send it to you, and you will make it up yourself. You will start to receive your pension at the legal age, that is, your pension will also be credited to your account during your sentence. This has nothing to do with whether you have committed a crime or not and whether you have been in prison. You know, those sprayers who don't pretend to understand.

Due to the illegal sentencing, the pension will be suspended during the prison term, and the retirement formalities will be completed after the expiration of the prison term, and the pension will be received.

After you are sentenced, you will be expelled from this unit, but you can pay the previous social security fund. After serving a sentence, you can pay the social security fund of ten years' imprisonment and retire, but ten years' imprisonment is not counted as length of service.

Both civil servants and employees of enterprises and institutions will be expelled from public office as long as they are sentenced illegally. In the past, the individual pension payment part can be received in one lump sum, and retirement can not receive pension. Of course, you can get a pension if you work after you get out of prison and pay enough 15 years to retire. The working years before punishment are no longer calculated!

I will retire in one year. I am afraid that I will be sentenced to 10 years in prison for breaking the law. Can I still get a pension when I come out?

A: No.

If a crime is sentenced to fixed-term imprisonment-if it is actually punished, it will automatically leave the original unit and no longer belong to the unit. The labor relationship is terminated, the individual's length of service is cleared, and the retirement certificate cannot be obtained. If it is a public institution, even if it comes out, it will no longer be hired. So, no pension.

Here is a concept that needs to be clarified: providing for the aged. Retirement pension is the retirement salary that employees receive after reaching the legal retirement age and going through retirement procedures. The key is that employees can go through retirement procedures. Those who were actually sentenced were not registered because they had been removed from the list. You must go through the retirement formalities yourself, and you have never asked for leave from prison to go through the retirement formalities. If you don't go through the retirement formalities, the pension will not come to your account for no reason. So, no pension.

Having said that, I know that some netizens have long wanted to refute, "Where can there be no pension!"

Please don't steal the concept. The subject asked about the pension, not the pension. Strictly speaking, pension is the result of paying social security, and pension is the crystallization of length of service. No job, no pension; If you don't take part in the work but pay enough old-age insurance, you will have a pension.

For example, Wang, who has worked for 36 years and retired at the age of 36, can receive a pension, and at the same time, the pension is also included, and a sum of money is received together, which actually includes a pension and a pension.

Li, who has no job, has paid pension insurance for fifteen years and will receive a pension when he is fifteen.

These two receive a sum of money every month, but the meaning is different.

Let's get back to the point.

Can you get a pension after you come out, and how much pension you can get. After coming out, take the file to the local social security center for consultation. The local social security center will give you the answer. If you are not satisfied, you can report it to your superiors. Because no one has met such a person, and the subject has not made it clear, the nature of the original unit and the staffing situation.

The above answers are hoped to provide reference for the subject. At the same time, netizens are also welcome to correct me.

No pension! Pension can be determined according to the insurance regulations and the insurance you actually paid.

I was one year short of retirement, but I was sentenced to 10 years in prison for breaking the law. Can I still get a pension when I come out? I think a situation like this should depend on the specific situation. Generally speaking, civil servants of government organs, staff of institutions and managers in enterprises who are sentenced to fixed-term imprisonment for illegal crimes shall be punished by party discipline and discipline before sentencing. The above-mentioned persons sentenced to 10 years imprisonment have been expelled from public office before the judgment, and those who are party member will also be expelled from the Party, commonly known as "double opening".

In this case, no matter how many years before going to prison, there will be no pension when you reach retirement age after you get out of prison. A certain amount of living allowance can be granted in various places according to the situation.

Therefore, during their work, the above-mentioned personnel must abide by the law, work hard for the country, always keep a clear head, and never try the law, otherwise they will be severely punished by the law and regret for life.

The above is my superficial understanding of this problem, please correct my shortcomings. Welcome to reading.