Fraud and insurance fraud are violations of laws and regulations.
In serious cases, criminal penalties may be imposed.
recently
Wanzhou District Social Security Affairs Center with the help of
Illegal disclosures by other platforms across the country,
Typical cases of illegal and fraudulent arbitrage of social security funds,
4 of them were selected to be notified,
It aims to warn Wanzhou insured units and the general public,
Be sure to strictly abide by the bottom line of safety,
Don't defy the law.
According to Article 88 of the Social Insurance Law, anyone who obtains social insurance benefits by fraud, forgery of supporting materials or other means shall be ordered by the social insurance administrative department to return the social insurance money obtained by fraud and shall be fined not less than two times but not more than five times the amount obtained by fraud.
A case in which the purpose of "making up the payment" of pension insurance premiums was achieved by means of civil false litigation or false labor arbitration
Case
Song, Zhao and other false litigation supervision cases. In December 2020, a coal mine needs to be closed according to policy requirements, and Du, the deputy mine manager, is specifically responsible for the shutdown work. In the first half of 2022, Song and Zhao found Du and asked him to help pay the pension insurance premiums in the name of the coal mine. In order to seek personal gain, Du clearly knew that Song and Zhao had never worked in the coal mine, but still maliciously colluded with the two to forge a labor employment agreement and fabricate the fact that they worked in the coal mine. In August of the same year, Song and Zhao filed a lawsuit against a coal mine at the same time, requesting a judgment that they had an employment relationship with the mine. The court issued a civil mediation letter, confirming the existence of an employment relationship between Song and Zhao and the coal mining enterprise.
analysis
According to the relevant requirements of the Ministry of Human Resources and Social Security, the legal documents of the court, the audit department, the labor and social security supervision or the labor dispute arbitration institution must be used to handle the one-time supplementary payment of pension insurance premiums. Some violators are driven by interests to conduct false litigation through fictitious labor relations, or use false labor arbitration applications to confirm false labor relations, so as to meet the established conditions for one-time "supplementary payment" of pension insurance premiums, and then obtain pension insurance benefits that should not be enjoyed by them.
There have been cases of illegal intermediaries "professionalizing" and even forming an industrial chain
Case
In 2017, Li and 40 other people with no fixed occupation were introduced or directly contacted by Jiao, who was engaged in intermediary business, and proposed to him the intention of applying for social security. After Jiao collected the "intermediary fee", he handed over 35,000 yuan to Wang, the person in charge of a waste goods recycling enterprise, and asked him to forge evidence such as salary schedules from 2001 to 2015 for Li and 40 others in the name of the enterprise. On December 26, 2017, Li and 40 others filed an arbitration application with the local labor and personnel dispute arbitration commission.
On January 5, 2018, the arbitration commission held a hearing, and the company entrusted Jiao to participate in the arbitration as an agent in the name of the head of its personnel department. During the trial, Jiao did not raise any objection to the appeal of Li and 40 others to confirm the labor relationship. On the same day, the arbitration commission issued 40 arbitral awards, confirming that there was an employment relationship between Li and 40 other people and the enterprise for up to 15 years.
analysis
In order to make profits, the so-called "intermediaries" maliciously colluded with the violators to help them find the target unit of the "fictitious labor relationship", forged wage slips, labor contracts and other supporting materials, and made suggestions for the implementation of false lawsuits or sham labor arbitrations. Some directly participate in or act as parties to false lawsuits, and even collude with relevant personnel to carry out illegal operations.
Some false lawsuits or false labor arbitrations in the field of social security can easily lead to criminal cases
Case
Liu and 27 others were involved in a series of false litigation supervision cases. After Zhang, who was engaged in the social security intermediary business, received 15,000 yuan in "intermediary fees" from each of Liu and 27 others, he found Wang, the principal of a training school, and gave him a benefit fee of 80,000 yuan, and he falsified the salary schedule from 1995 to 2018 for Liu and others in the name of the school. Later, Liu and others applied for legal aid in the name of the difficult employee and filed a lawsuit with the court, and Zhang's driver participated in the lawsuit as the defendant's agent in the name of the school staff, and did not raise any objection to the plaintiff's claims and evidence during the trial.
The court issued 27 civil judgments, confirming the existence of labor relations between Liu and 27 others and the school. Liu and others went through the procedures for making up social security premiums with the above-mentioned effective civil judgment, and 22 of them successively reached retirement age and received pensions. The procuratorate investigated and handled the series of cases, corrected the erroneous civil judgment, and Zhang and others were prosecuted for the crime of false litigation.
analysis
The social security fund is related to the vital interests of the people. Fraud, falsification of supporting materials or other means to defraud pension insurance funds, and the circumstances are serious, will be investigated for criminal responsibility in accordance with law, mainly including the crime of false litigation and fraud.
Cases of using improper means to modify identity information to declare retirement and defraud pensions
Case
Tan and 20 others falsified identity information to receive pensions in advance. A local human resources and social security bureau received a report from the masses that Tan, a retiree in the district, changed his age and defrauded the basic pension of enterprise employees. After investigation, Tan truthfully confessed his illegal acts, Tan's actual date of birth was August 1970, and he handled a false ID card with a date of birth of August 1950 through the lawbreaker, and went through retirement procedures with an ID card that had been changed for 20 years.
Tan began to receive pension benefits for enterprise employees from September 2010, and received a total of 171,100 yuan from August 2021. The district applied to other insured persons with Tan's line index, and found that from 2008 to 2011, a total of 20 people used improper means to modify their identity information and defrauded the pension benefits of enterprise employees totaling 3.1734 million yuan in order to receive pension benefits in advance.
At present, all the defrauded funds have been returned, and the relevant insurance fraudsters have been sentenced to fixed-term imprisonment and fines by the people's court for fraud, with a maximum sentence of three years and six months.
analysis
In order to receive pensions in advance and seek personal gains, some insured persons declare their retirement to the social security agency by tampering with their age materials or providing false identity certificates and other illegal means. This kind of behavior is an illegal act of fraud and insurance fraud, which cannot be hidden in the era of "big data" of data sharing, and once discovered, it is very likely to constitute the crime of fraud and be subject to criminal punishment.
The Wanzhou District Social Security Affairs Center said in the notice that
The social security fund belongs to the people
"Pension money" and "life-saving money".
Any illegal or illegal deception or
The act of arbitraging the social security fund
will be severely punished by the law.
The supplementary payment of pension insurance premiums should comply with the requirements of relevant policies, and any behavior such as insurance payment, retirement, and pension in the form of false litigation or false labor arbitration to confirm labor relations is an illegal act of defrauding or arbitraging the national social security fund. Once verified, in addition to clearing the payment records, confiscating the supplementary contributions, and returning the social security benefits received, they will also be subject to administrative penalties and even criminal sanctions.
Employers and the general public
Don't believe in "charge d'affaires (supplement) payment of social security", etc
The words of "illegal intermediaries",
Don't make up a fictitious labor relationship,
Engaging in sham litigation or sham labor arbitration activities.
Reporter: Ding Jin Correspondent: Zhang Yuanyuan
Editor: Li Yanghong
Editors: Xiang Dong, Yang Yuangang