First, the criminal punishment of state public officials. If you were a national public official before going to prison, according to the provisions of the Administrative Punishment Law of the People's Republic of China, all public officials who were sentenced to fixed-term imprisonment with probation, including criminal detention and public surveillance, are generally dismissed. If a negligent crime is sentenced to fixed-term imprisonment of more than three years, it shall also be dismissed. The civil servant who was expelled from prison has been expelled by the employer, which has nothing to do with the original unit. All the original working years are no longer calculated, and they are no longer regarded as the same payment period. There is no way to retire to the original unit to receive a pension.
Second, national public officials who pay endowment insurance are subject to criminal punishment. After 20 14 and 10, the staff of government agencies and institutions began to pay endowment insurance according to the spirit of the State Council (2015) No.2 document. Public officials with actual years of pension insurance will also be expelled from public office if they are sentenced to fixed-term imprisonment. After being expelled from public office, it is no longer regarded as the payment period, but its actual payment period is calculated cumulatively. After being released from prison, you can apply for retirement if you reach the statutory retirement age stipulated by the state and the pension insurance payment period reaches the minimum 15 years stipulated by the state; If the payment period of old-age insurance is less than the specified minimum 15 years, you can continue to pay for retirement after 15 years; Unwilling to continue to pay the old-age insurance, when reaching the statutory retirement age, you can withdraw the balance of personal account funds at one time and seal up the old-age insurance payment account.
Third, public officials are subject to criminal punishment after retirement and enjoy pension benefits after they are released from prison. Retired civil servants or state public officials, according to the provisions of the Administrative Punishment Law, retirees will no longer be given administrative sanctions, but those who meet the conditions for dismissal shall be given reduced or cancelled treatment. Retired public officials who have been sentenced to fixed-term imprisonment and released from prison will no longer enjoy pension benefits if their retirement benefits are explicitly cancelled; Enjoy the pension benefits according to the demotion, and enjoy the pension benefits according to the new treatment.
Fourth, the pension benefits for retirees who pay social insurance according to law after being sentenced to punishment. According to the official reply of the former General Office of the Ministry of Labor and Social Security on the issue of pension insurance benefits for retirees after being sentenced, that is, Letter No.44 from the Labor and Social Welfare Department (2001), retirees sentenced to criminal detention or fixed-term imprisonment or above will stop paying basic pensions during their prison terms. After serving a sentence, you can continue to pay the basic pension according to the standard before serving the sentence, and participate in the adjustment of the basic pension in the future.
To sum up, if a person who has just been released from prison belongs to a national public official and has nothing to do with the original unit, his original working years will no longer be counted and will no longer be regarded as the payment period, but the actual payment period can continue to be counted. Continue to pay 15 years, and you can retire when you reach the statutory retirement age; Those who have retired, if they retire according to the old system, will no longer have a pension after they are released from prison; Those who retire after paying the old-age insurance will resume to pay the old-age pension according to the standard before imprisonment after being released from prison.