According to the "Notice on Issues Related to Compulsory Measures and Administrative Penalties for Staff of Government Offices and Institutions", staff of government offices and institutions are retired when compulsory measures and administrative and criminal penalties are taken.
(a) after retirement, the staff of public institutions and government workers are released on bail pending trial, under residential surveillance, under criminal detention or under arrest, and their retirement benefits are suspended, and their living expenses are calculated at 75% of their basic retirement expenses. After examination and verification, if the public security organ cancels the case, or the people's procuratorate does not prosecute, or the people's court declares him innocent or exempted from criminal punishment, and he has not been accepted for education, compulsory isolation for drug rehabilitation, reeducation through labor or administrative detention, and has not been investigated for disciplinary responsibility, the retirement fee will be restored and the reduced retirement fee will be reissued.
(two) the staff of public institutions and government workers who have been detained in criminal detention or escaped after being arrested shall cease to receive retirement benefits after retirement.
(3) During the period of administrative detention after retirement, the staff of public institutions and government agencies shall stop their retirement benefits, and their living expenses shall be calculated and paid at 75% of their original basic retirement benefits. After the expiration, the basic retirement fee will be reduced by 2%. In the future, when the state adjusts the retirement fee, it will not be affected by the original punishment.
(4) During the period of receiving education, compulsory isolation, drug rehabilitation and reeducation through labor after retirement, the staff of public institutions and government agencies shall stop their retirement benefits, and their living expenses shall be calculated at 75% of their original basic retirement expenses. After the expiration, the basic retirement fee will be reduced by 12%, and the subsidy will be determined by one lower job level (technical level). In the future, when the state adjusts the retirement fee, it will be implemented according to the standard that the retirement benefits are lower than the original post level (technical level) by one post level (technical level).
(five) after retirement, the staff of public institutions and government agencies are sentenced to public surveillance, criminal detention, or suspended from criminal detention, and their living expenses are calculated at 60% of their original basic pensions. If the original sentence is not executed after the execution of the penalty or the probation expires, the basic retirement fee will be reduced by 12%, and the subsidy will be determined by one lower job level (technical level). In the future, when the state adjusts the retirement fee, it will be implemented according to the standard that the retirement benefits are lower than the original post level (technical level) by one post level (technical level).
After retirement, the staff of public institutions and government agencies are sentenced to fixed-term imprisonment and suspended, and their retirement benefits are suspended. The living expenses are calculated according to 60% of their original basic retirement benefits. If the original sentence is not executed at the expiration of the probation period, the basic retirement fee will be reduced by 40%, and the subsidy will be determined according to the lowest job level (technical level). In the future, when the state adjusts the retirement fee, it will be implemented according to the standard of the lowest job level (technical level).
(6) If a staff member of a public institution or a government employee is sentenced to fixed-term imprisonment (excluding probation) after retirement, the original retirement fee shall be cancelled from the date when the judgment of the people's court takes effect. After the execution of the penalty, the living allowance shall be handled at the discretion of the unit that originally issued the retirement fee.
(7) If a staff member of a public institution or government office is subject to criminal punishment after retirement, and is acquitted or exempted from criminal punishment after retrial, and the disciplinary responsibility has not been investigated, the retirement fee treatment shall be resumed from the month after retrial and acquittal or exemption from criminal punishment. During the period from the execution of the original sentence to the retrial and acquittal or exemption from criminal punishment, the suspended retirement fee shall be reissued by the unit to which it belongs.
(8) If the staff of a public institution or a government employee is punished by criminal punishment after retirement, and the retrial is changed to acquittal or exempted from criminal punishment, but the disciplinary responsibility is investigated, the retirement fee shall be determined accordingly according to the punishment that should be given, and shall be implemented from the month following the conclusion of the review. During the execution of the original judgment and the period from the completion of the penalty execution to the end of the review, the overpaid retirement fee shall be reissued by the unit.
(9) If the staff of public institutions and government agencies are subject to compulsory measures and administrative or criminal penalties after retirement, and have participated in the old-age insurance and paid the basic pension according to the relevant provisions of the old-age insurance, the treatment measures shall be implemented according to the relevant provisions of the state on old-age insurance.
Extended data:
"Regulations on Personnel Management of Public Institutions" Article 32 The state establishes a wage system for public institutions that combines incentives and constraints. The salary of staff in public institutions includes basic salary, performance salary and allowance. The salary distribution of public institutions should be combined with the characteristics of different industries and institutions, reflecting factors such as job responsibilities, work performance and actual contribution.
Article 33 The State establishes a mechanism for the normal wage increase of staff in public institutions. The salary level of staff in public institutions should be coordinated with the development of national economy and adapt to social progress.
Thirty-fourth staff of public institutions enjoy the welfare benefits stipulated by the state. Institutions implement the working hours system and vacation system stipulated by the state.
Yangzhou University-On the issue of compulsory measures being taken against the staff of public institutions and state employees.