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There are many poor people in the world who have worked for the country for 2 or 30 years in vain, and now they can't retire. Do these people deserve to die!?
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It depends on what kind of nature the person retired before retirement, whether there is a pension after being imprisoned for a crime is different, some have, and some are canceled, the general situation is as follows:
First, if they are retired public employees, they are generally expelled from public office after being sentenced for violating discipline and discipline, and those who have party membership will also be expelled from the party. Even after public officials began to pay pension insurance in 2014, they did not pay enough for the minimum 15-year pension insurance contribution period. Then they will not be able to receive pension insurance after they are released from prison.
They can only be refunded for the years they have paid themselves.
The second is that the retirees of enterprises have received a pension because they have paid enough pension expenses for the minimum 15 years. If you commit an offence after retirement, you will not be able to receive a pension during your sentence, and after you are released from prison after completing your sentence, you will continue to receive a retirement pension.
The third is freelance retirement, because it belongs to their own pension insurance, and they can only retire and receive a pension after paying the minimum 15-year period, which is their own property. It is only that they cannot receive a retirement pension during the period of committing a crime, and they can continue to receive a retirement pension after they are released from prison.
Whether or not they can continue to receive a pension after their release from prison is determined by their pre-retirement status.
If they are employees of enterprises or flexibly employed persons before retirement, their pensions shall be suspended and they shall not participate in pension adjustments during their sentences, and they shall continue to receive pensions according to the standards before serving their sentences after their release from prison.
Where a person who was a public employee before retirement and whose crimes meet the standards for dismissal from public office during his term of service, the pension shall be suspended after his release from prison, and only living expenses shall be paid.
The actual payment period of pension insurance before retirement is often 15 years or more for enterprise employees and flexibly employed persons, while the actual payment period of pension insurance for public employees before retirement is far less than 15 years. This is the fundamental reason why the treatment of Hongshi employees and flexible employees of the company after the release of prison is different from that of public employees.
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Insurance plays a very important role in our daily life, to buy an insurance, is to buy a peace of mind, the type of insurance is different, the services provided are not the same, we must understand the specific content of insurance, buy the corresponding insurance, buy a copy for our life, peace of mind and peace of mind.
Let's solve a problem like this, after retiring at the age of 60, can you still receive pension insurance if you go to prison for committing a crime and come out of prison at the age of 64?
In fact, for this early question, it is necessary to analyze the specific problem, and the amount and type of pension insurance are different for different types of work after the completion of the criminal sentence. Below I will explain to you in three types:
First of all, retired public employees belonging to the state, after being sentenced for violating rules and disciplines, are not allowed to enjoy pension insurance during the period of serving their sentences, and secondly, after serving their sentences, although they will not accept the corresponding administrative punishment, in accordance with the provisions of the state, the pension insurance benefits of the retired public employees should be reduced or cancelled, which requires a specific analysis of specific issues, depending on the seriousness of the crime.
The second is the retirees of the enterprise, when working in the enterprise, the enterprise has purchased the corresponding pension insurance for the employees, and has paid enough pension fees for 15 years, and can receive the pension. Although they are not allowed to receive pension insurance during their prison sentences, retired enterprise personnel can continue to receive pensions after they are released from prison, and the pension standard will not be lowered.
The last type is freelance retirees, who have paid enough pension insurance for 15 years before the age of 60 to continue to enjoy pension insurance services after being released from prison at the age of 64. Endowment insurance is conducive to social stability and can promote the steady development of the economy, and can also enhance people's satisfaction and happiness. Zen things are clear
The above is my personal suggestions and analysis before the congratulations, I hope it can help you solve the doubts in your heart, if you have better ideas, when you are alive, it is recommended that you can comment at the bottom of the article, the year is coming, I hope everyone can be healthy and healthy.
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Yes. Pensions are temporarily suspended for prisoners, but the state will continue to pay pensions after serving their sentences, and the elderly can continue to receive pension insurance.
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People who have been in prison in the past can retire if they have accumulated pension contributions for 15 years when they reach retirement age.
There are the following explanations about retirement:
1. During the period of serving a sentence, those who meet the requirements for enjoying retirement may not apply for retirement;
2. At the end of the sentence and meeting the requirements for retirement, retirement may be handled in accordance with regulations;
3. Individuals who participate in the basic endowment insurance and have paid less than 15 years when they reach the statutory retirement age can pay for 15 years and receive the basic pension on a monthly basis; It can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, and enjoy the corresponding endowment insurance benefits in accordance with the regulations.
Legal basis] Labor Contract Law of the People's Republic of China
Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.
The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:
1) The worker has worked for the employer for 10 consecutive years;
2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;
3) The labor contract is renewed for two consecutive fixed-term labor contracts, and the employee does not have the circumstances provided for in Paragraphs 1 and 2 of Article 39 and Article 40 of this Law. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract. Article 15 A labor contract with a term of completion of a certain task refers to a labor contract in which the employer and the employee agree that the completion of a certain work is the term of the contract.
The employer and the employee may conclude a labor contract with a term of completion of a certain work task. Article 17 The labor contract shall have the following clauses:
The name, address, and legal representative or principal responsible person of the employer;
2) The worker's name, address, and resident ID card or other valid identification number;
3) The term of the labor contract;
4) The content of the work and the place of work;
5) Working hours, rest and vacation;
6) Labor remuneration;
7) Social insurance;
8) Labor protection, working conditions and protection against occupational hazards;
9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
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Legal Analysis: No. If the employee reaches retirement age and begins to enjoy basic pension insurance benefits in accordance with the law, the labor contract shall be terminated, but the employer is not required to pay economic compensation to the employee.
Legal basis] Labor Contract Law of the People's Republic of China
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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1. Is it mandatory to retire at the age of 60?
1. Mandatory retirement is not mandatory until the age of 60. Workers who are engaged in underground, high-altitude, high-temperature, particularly heavy physical labor or other work harmful to physical health, who are at least 55 years old for men and 45 years old for women, and have worked continuously for 10 years or more, may apply for early retirement.
2. Legal basis: Article 10 of the Social Insurance Law of the People's Republic of China.
Employees shall participate in the basic endowment insurance, and the employer and the employee shall jointly pay the basic endowment insurance premiums.
Individually-owned businesses without employees, part-time employees who have not participated in the basic pension insurance at the employer, and other flexibly employed persons may participate in the basic pension insurance, and the basic pension insurance premiums shall be paid by the individual.
The method of pension insurance for civil servants and staff managed with reference to the Civil Servants Law shall be prescribed by ***.
Article 11. The basic endowment insurance implements a combination of social pooling and individual accounts.
The basic endowment insurance is composed of employer and individual contributions, as well as subsidies.
2. What is the standard for receiving pensions?
1. The monthly standard of basic pension is based on the average monthly salary of local on-the-job employees in the previous year and the average indexed monthly salary of the employee;
2. The monthly standard of retirement pension in personal account is the amount of savings in personal account divided by the number of months.
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Summary. Hello, dear. We're happy to answer your <>
After sentencing, you can retire until the age of 60. From a legal point of view: during the period of imprisonment, the payment of pension insurance and medical insurance is stopped.
However, if you are released from prison, you can retire and receive a pension if your actual contribution period reaches the minimum payment period. But if you are sentenced to life imprisonment without the day you are released from prison, there is no way to receive a pension normally.
Can I still retire at the age of 60 after being sentenced?
Hello, dear. We're happy to answer your <>
After sentencing, you can retire until the age of 60. Analysis of the degree of remorse from the legal perspective: during the period of serving a prison sentence, pension insurance and medical insurance ceased to be paid.
However, if you are released from prison, you can retire and receive a pension if your actual contribution period reaches the minimum payment period. But if you don't have the time to be released from prison, but are sentenced to life imprisonment, there is no way to receive a pension normally. The group justifies.
Legal basis: Article 1 of the "Interim Measures on the Retirement and Retirement of Workers" Workers of enterprises, public institutions, party and government organs, and mass 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 reached the age of 10 in the fifth section of the regiment, and 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, where men are at least 55 years old, women are at least 45 years old, and have 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 are at least 50 years old, women are at least 45 years old, have worked continuously for 10 years or more, and have been certified by a hospital and confirmed by the labor appraisal committee that they have completely lost the ability to work; (4) Disabled due to work, certified by the hospital and determined by the labor appraisal committee, completely incapacitated to work.
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