58 year old deputy section level, two years away from retirement, sentenced to seven years in prison

58-year-old deputy section level, two years before the retirement age, sentenced to seven years in prison for violating the law, is there still a pension after coming out? There are only two years before the retirement age, but because of the late festival, he broke the law and committed a crime, and he was sentenced to seven years in prison, which is very regrettable, which is equivalent to his life's efforts in vain, and he is already 65 years old after his release from prison.

Under the current policy, there is generally no pension in this situation.

1. The vast majority of cases in which in-service leading cadres are suspected of criminal offenses are double-opened, that is, expelled from public office and expelled from the party. Expulsion from the party is easy to understand, that is, there is no connection with the party organization, and dismissal from public office means a cut with the unit, and all the treatment given by the unit is gone.

2. Article 26 of the "Law on Governmental Sanctions for Public Employees" Article 26: Where public employees are dismissed, their personnel or labor relationship with the organ or unit to which they belong shall be terminated from the date on which the governmental sanctions decision takes effect.

In terms of specific implementation, it is generally regarded as the payment period of the payment of zero, the payment after the payment period, the part paid by the unit is cleared, and the part paid by the individual is still kept, after the release of the sentence, if the individual can make up for the insurance of the year of arrears, the pension can be paid after the payment is sufficient, and if the number of years is not enough, the pension cannot be paid.

Obviously, after the leading cadres were criminally punished, the treatment they left behind was extremely limited, and it was already good to have the original 1 5.

In addition, some units may refer to the previous pension and pay living expenses appropriately according to a certain proportion, but the amount will not be too large.

What should be done in this case? In fact, there are three solutions:

1. From the date of release from prison, continue to participate in the urban employee pension insurance as a flexible employment person, and after 8 years of payment, he has reached the age of 73, then he can go through the retirement procedures according to the law and receive the basic pension according to the law. There is about 80,000 yuan to pay, and it can only be borne by the family.

2. Directly transfer the individual contributions of the urban workers' pension insurance that have been paid for 7 years to the urban and rural residents' pension insurance, and receive the urban and rural residents' pension insurance benefits that have been greatly reduced in accordance with the law. Of course, at this time, my identity changed from urban workers to urban and rural residents.

3. Apply for surrender directly. It is to directly apply for 7 years of personal contributions from the Social Security Bureau, and completely terminate the social insurance relationship with the Social Security Bureau. There is no doubt about it: the overall planning paid by the unit is not even entitled to a penny.

As for which of the above methods is more in line with one's own wishes and one's actual conditions, it is up to me to decide.

To sum up: Under the present circumstances, no matter what position you hold or what level of treatment you have, once a staff member of an organ or institution is sentenced to a criminal punishment, his life in the future will be very sad, and the heavier the sentence, the more tragic the outcome. This warns us from the opposite side:

In life, you must abide by the law and don't do stupid things. Otherwise, you will definitely not only endanger society, but also cripple yourself.

As long as the government institutions are deemed to have paid zero contributions before being dismissed, they will pay pension insurance after they are 58 years old, and they can only receive pensions after 15 years. After paying 15 years and 73 years, you can receive a pension. It is estimated that when the poor health can receive a pension, there will be no one.

There will be. He is 58 years old, and he should have many years of service, even if he commits a crime, these years of service will not be erased, and there will be a pension.

They have all violated the law and committed crimes, and they will definitely not be able to enjoy retirement benefits! If he buys pension insurance, he can be paid a pension according to the pension insurance.

There should be a pension, but there is no retirement treatment at the deputy section level. In fact, the little sesame officer at the deputy section level has no treatment. This example is not good, and it should be taken at the deputy ministerial level.

The pension of civil servants is a benefit that should be due to the status of civil servants, and when the status of civil servants is automatically terminated after committing criminal responsibility, the pension will be very low, if any. Our colleagues are retired civil servants, and they were punished for drunk driving half a year after retirement, and according to the Civil Servants Law and Disciplinary Regulations, they were directly expelled from the party, and their retirement salary was reduced to the level of ordinary civil servants and then reduced by 10%. The sentence is even more serious, and he will be directly expelled from the party and dismissed from public office, and he will lose his status as a civil servant.

You can receive a pension when you come out, but you don't have a pension while you are serving your sentence.

Now that the reform has been carried out, all the money is paid to their own pension account, and this part will certainly not be deprived. The previous kind should not be there, and the kind is directly calculated according to the percentage of the salary at retirement.

If you still want to receive a pension after you come out, then you need to continue to pay a pension for two years, so you can retire and then you can receive a pension. If you don't pay your pension for these two years, then it is not conducive to providing yourself with material security.

No, don't believe some of the things below that you can get the so-called "pension" after you make up for it.

If the number of years of contribution before sentencing reaches the basic retirement age, you should be able to receive a pension, and the same should be true for health insurance. The key depends on the payment period.

Yes, there is a resolute yes, but I haven't served seven years in prison, don't worry3.

The personal part of the pension is still retained, and the career part is cleared.

After being released from prison, the amount of social natural person insurance shall be paid.

It could be so.

Many people don't understand that social security started after 97 years, and the previous working years were called deemed contributions, although they did not pay the premiums. This guy has a pension, and he can only retire as a flexible employee, which is lower than the retirement of an enterprise, and cannot be compared with the civil servant's career, which is calculated at 300 percent.

It depends on the fact that the full amount was paid by the state before, and if you pay the part, you can also consider it,,, which also depends on the changes in the social security policy after it.

Dismissal from public office means that the state does not recognize the previous position, and all years of service have been cleared, so that after coming out, ordinary urban residents can no longer receive pensions. Unless you make up the pension insurance again.

It should adhere to the principle of distinguishing between merit and excess, so as to better guide people to know what is right and wrong, to do more right behavior, and to do less wrong behavior.

His pension is due to the right act he has done, and it is his lawful and reasonable treatment, which should be recognized and respected by moral reason. Since he has sinned, he does not recognize his reasonable and lawful part, which means that he is not clear about right and wrong and does not understand reason.

If he is deprived of this treatment, there must be a reasonable judgment process. The loss arising from his offence should be calculated, and the loss may be compensated by the portion of his lawful income entitlement. It shouldn't be a simple and rude rule, and it looks like you're just as ugly.

It stands to reason that there is still a minimum living allowance

Retirement is retirement, retirement is retirement, and no one is both retired and retired!

Is it retirement or retirement? Retirement refers to participation in revolutionary work before liberation.

Retirement is a post-liberation workforce.

The law stipulates that once a sentence is imposed, it is deprived of all rights due to it.

Even if no one has poor money, it is enough to spend a few lifetimes! ......

Do you still care about that pension?

Legal analysis: No, if a civil servant is sentenced to fixed-term imprisonment after retirement and is sentenced to probation, the retirement allowance will be suspended, and the living allowance will be calculated and paid according to 60% of the original basic retirement allowance.

Legal basis: "Notice on Issues Concerning the Handling of Compulsory Measures and Administrative and Criminal Punishment of Civil Servants" Article 2 (5) During the period when a civil servant is sentenced to controlled release, short-term detention or short-term detention is given a suspended sentence or a suspended sentence for fixed-term imprisonment after retirement, the payment of retirement benefits shall be suspended, and living expenses shall be calculated and paid at 60% of the original basic retirement allowance of the civil servant. Where the original sentence is not to be served after the completion of the criminal punishment or at the completion of the probationary period of a suspended sentence, the basic retirement allowance is to be reduced by 40%, and the subsidy is to be determined by the clerk.

In the future, when the state adjusts the retirement fee, it will be implemented according to the standard of clerks. (6) Where a civil servant is sentenced to a fixed-term hail sentence or higher after retirement, the original retirement allowance shall be cancelled from the date on which the people's court's judgment takes effect. After the completion of the criminal punishment, the subsistence treatment shall be handled at the discretion of the unit that originally paid the retirement allowance.

There is no pension for a public employee who has been sentenced to prison and is dismissed from public office.

Regulations on the Punishment of Civil Servants of Administrative Organs

Article 17: Where civil servants of administrative organs who violate laws and discipline have already been sentenced, recalled, or removed from office in accordance with law, or have already resigned from leadership positions before the administrative organs make a sanction decision against them, and shall be given sanctions in accordance with law, the administrative organs are to give sanctions on the basis of the facts of their violations of law or discipline.

Where civil servants of administrative organs are sentenced to criminal punishment in accordance with law, they are to be dismissed.

Article 52: Where civil servants of administrative organs who have conduct that violates law or discipline and should receive sanctions have already retired before the sanction making decision is made, sanctions are not to be given; However, where sanctions of demotion, removal, or expulsion shall be given in accordance with law, the benefits they enjoy shall be reduced or cancelled accordingly in accordance with provisions.

1. Where an in-service insured person of a government institution or institution is re-educated through labor or sentenced to fixed-term imprisonment (including a suspended sentence), he or she shall not pay pension insurance premiums during the period of re-education through labor or serving a sentence (including a suspended sentence), and the number of years of payment shall not be calculated.

2. If the in-service insured personnel of government agencies and institutions are re-educated through labor or sentenced to fixed-term imprisonment (including suspended sentences), if they are re-hired by government agencies and institutions after their release from prison, they may continue to participate in the pension insurance of government agencies and institutions if they meet the requirements; If the employee is hired by the enterprise or self-employed after the release from prison, and reaches the statutory retirement age, the provisions of the basic pension insurance system for employees of the enterprise shall be implemented.

3. For those who have been re-educated through labor or sentenced to fixed-term imprisonment (including suspended sentences) and have been released from prison, the actual years of payment before sentencing (excluding the deemed payment period) may be combined with the actual payment period after the completion of the sentence, and the actual contributions made by individuals before sentencing may be included in the personal account of the insured after the completion of their sentence in accordance with regulations. For those who change to implement the enterprise endowment insurance system, the subsidy shall not be calculated and paid for the payment period of the endowment insurance of the original participating organs and institutions.

Fourth, if a retiree who has gone through the formalities for retirement and receives a monthly pension is sentenced, the basic pension shall be suspended during the period of serving a sentence, re-education through labor or being detained, and after the expiration of the period, his pension shall be paid according to the standard before the sentence is declared to be renewed from the month following the declaration of renewal, and the subsequent pension adjustment shall be carried out in accordance with the relevant provisions of the pension insurance system implemented by the person.

5. Where a retiree is under controlled release and sentenced to fixed-term imprisonment with a suspended sentence or serving his sentence outside of prison, his pension shall be paid in accordance with the standard before the sentence, and he shall not participate in the adjustment of the basic pension during the period of supervision, probation or execution outside of prison, and the pension adjustment after the expiration of the period shall be implemented in accordance with the relevant provisions of the pension insurance system implemented by himself.

6. The basic pension shall be suspended during the period when a retiree is wanted or convicted in custody on suspicion of committing a crime, and if the court finds him not guilty, the basic pension for the period of the wanted or detained person shall be retroactive.

Not necessarily, depending on how the sentence is sentenced, if it is a public prosecution case, it will be raised, and if you are dismissed from public office, you will not retire, and you will live on a subsistence allowance in the future.

First, all retirees who participate in the basic endowment insurance and pay pensions for retirement and are sentenced to fixed-term imprisonment or higher shall have their retirement allowances suspended and will be restored after they are released from prison and will participate in future adjustments.

A public servant who commits an offence before retirement and is sentenced to a prison sentence is not entitled to a pension until he or she reaches retirement age.

Summary. The General Office of the Ministry of Labor "Reply to Questions Concerning Pension Insurance Benefits for Retirees After Being Convicted" stipulates that: "If a retiree is sentenced to criminal detention, fixed-term imprisonment or above, or is subject to re-education through labor, the basic pension shall be suspended during the period of serving the sentence or re-education through labor, and after the expiration of the sentence or re-education through labor, the basic pension may be renewed according to the standard before serving the sentence or re-education through labor, and participate in the adjustment of the basic pension in the future."

I'm 58 years old now, and I'm now estimated to be sentenced to a year. Pension. to retirement age. Pension. Can you get it?

Hello, I am inquiring for you here, please wait a while, I will reply to you immediately

Good afternoon, dear dear, I am happy to answer for you After the retired people are sentenced, they do not enjoy the basic pension treatment during the prison sentence, and continue to enjoy the basic pension treatment before serving the sentence after their release.

It doesn't affect. If a retiree is sentenced to short-term detention or a suspended sentence in the Zen Brigade Mountain Punishment Announcement, he or she may enjoy the pension benefits of Jizhen during the period of criminal detention or probation; However, it does not participate in the basic pension adjustment.

The document of the General Office of the Ministry of Labor on the question of the pension insurance benefits of premature tremors after the retirees are sentenced stipulates that: "If a retiree is sentenced to criminal detention, fixed-term imprisonment or above, or is sentenced to re-education through labor, the basic pension shall be suspended during the period of serving the sentence or re-education through labor, and after the expiration of the sentence or re-education through labor, the basic pension may be renewed according to the standard before serving the sentence or re-education through labor, and participate in the adjustment of the basic pension in the future."

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It will not be affected, rest assured.