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Anonymous users2024-02-08The court may enforce the basic pension of retirees.
The people's courts shall not seal, freeze or deduct social insurance when hearing and enforcing civil and economic dispute cases, and the basic pension shall be a basic pension before it is issued to retired employees, and shall not be sealed, frozen or deducted by any unit. In order to fairly protect the legitimate rights and interests of creditors and retired debtors, the people's court may enforce the basic pension of retired employees if the retiree's other assets available for enforcement or income are insufficient to repay his debts, but the necessary living expenses of the retired employee and his or her dependents shall be retained.
Research Office of the Supreme People's Court.
Reply to the question of whether retirees' retirement pension can be deducted to settle their debts in the enforcement procedure
Fa Yan [2002] No. 13.
Tianjin High People's Court:
Your court Jin Gao Fa [2001] No. 28 "Instructions on the Labor and Social Security Department Shall Assist the People's Court in Deducting the Wage Income of the Judgment Debtor" has been received. After study, the reply is as follows:
In order to fairly protect the legitimate rights and interests of creditors and retired debtors, in accordance with the relevant provisions of the General Principles of the Civil Law and the Civil Procedure Law, if the retiree's other assets available for enforcement or income are insufficient to repay his debts, the people's court may require the retirement pension issuing unit or social security institution to assist in deducting the retirement pension or retirement pension to repay the retiree's debts. The above-mentioned units or institutions shall provide assistance.
The people's courts shall set aside the necessary living expenses for retirees when enforcing the law. The standard of living expenses can be determined with reference to the relevant local standards.
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Anonymous users2024-02-07Depending on whether the circumstances are serious or not.
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Anonymous users2024-02-06Legal basis: *** Interim Measures on the Retirement and Retirement of Workers" Article 1 Workers of enterprises, public institutions, state organs, and people's organizations owned by the whole people shall retire if they meet one of the following conditions: (1) Men who have reached the age of 60 and women who have worked continuously for 10 years.
2) Engaged in underground, high-altitude, high-temperature brigade distribution, particularly heavy physical labor, or other work harmful to physical health, where men are at least 55 years old, women are at least 45 years old, and have worked continuously for 10 years. This provision also applies to grassroots cadres whose working conditions are the same as those of workers. (3) The male is at least 50 years old and the female is at least 45 years old, has worked continuously for 10 years or more, and has been certified by the hospital and confirmed by the labor appraisal committee that he has completely lost the ability to work.
4) Disabled due to work, certified by the hospital and confirmed by the labor appraisal committee, completely incapacitated to work.
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Anonymous users2024-02-05Yes, if you are convicted of deprivation of political rights, you will no longer be entitled to retirement benefits.
Legal basis: Article 1 of the Interim Measures for the Retirement and Retirement of Workers shall retire if they meet one of the following conditions: (1) Men who have reached the age of 60 and women who have worked continuously for 10 years.
2) Engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health, at least 55 years of age for men and 45 years of age for women, and having worked continuously for 10 years or more. This provision also applies to grassroots cadres whose working conditions are the same as those of workers. (3) Men who have reached the age of 50 and women who have reached the age of 45, who have worked continuously for 10 years or more, and who have been certified by the hospital and confirmed by the labor appraisal committee that they are completely incapacitated to work.
4) Disabled due to work, certified by the hospital and confirmed by the labor appraisal committee, completely incapacitated to work.
Case filing, presentation of evidence, **, judgment, second instance, and enforcement.
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