Crack down on illegal social security collection! (with complaint telephone number)

Bayannur city about the crackdown

Illegal receipt of social insurance benefits

recovery of multiple collars, fraudulent claims, and repeated claims

Notification of matters related to social insurance benefits

In accordance with the provisions of the "Social Insurance Law of the People's Republic of China", the "Criminal Law of the People's Republic of China", the "Notice of the Ministry of Human Resources and Social Security and the Ministry of Public Security on Strengthening the Investigation and Transfer of Social Insurance Fraud Cases" (Ministry of Human Resources and Social Security [2015] No. 14), and the "Measures for the Administration of Supervision and Reporting of Social Insurance Funds", in order to effectively safeguard the safety and integrity of the social insurance fund and better protect the rights and interests of the insured, it is hereby discussed to crack down on illegal receipt of social insurance benefits and the recovery of over-claimed, fraudulent claims, The notice on matters related to repeated receipt of social insurance benefits is as follows:

1. The social insurance benefits in this circular include basic pension insurance benefits, work-related injury insurance benefits, unemployment insurance benefits, etc.

2. If, after the death of a person receiving social insurance benefits, the employer (insured unit) or his relatives fail to report or cancel the social insurance benefits in a timely manner in accordance with the relevant regulations, resulting in the continuous payment of social insurance benefits or the deliberate fraudulent receipt by the relatives, the insured unit or his relatives of the deceased person shall report to the social insurance agency that issued the benefits to him within 30 days, and promptly and fully refund the social insurance benefits issued or fraudulently received after the death.

3. Where a person serving a sentence fraudulently receives social insurance benefits, the person's former work unit or his relatives before serving his sentence shall promptly report the outcome of his or her legal judgment to the social security agency in the place where he or she participates, and the person who fraudulently received social insurance benefits shall return the full amount of the social insurance benefits he received in violation of regulations during the period of serving his sentence.

4. Insured persons shall not receive social insurance benefits repeatedly, as follows:

(1) Insured persons cannot receive basic old-age insurance benefits and unemployment insurance benefits for enterprise employees, government agencies and institutions, and urban and rural residents at the same time; The same person shall not repeatedly receive the basic pension insurance benefits of the same type of insurance or cross-type of insurance in different places or localities. If there is a duplicate payment, only one of the compliant basic pension insurance benefits can be retained according to the policy, and the other duplicate pension insurance benefits should be cleared up, and the duplicate part should be refunded in full.

(2) For the insured persons who are eligible to receive basic old-age insurance benefits (except for basic old-age insurance benefits for urban and rural residents) and work-related injury insurance disability allowances at the same time, they shall receive old-age insurance benefits according to regulations. If the basic pension insurance benefits are lower than the disability allowance, the work-related injury insurance fund shall make up the difference, and the full amount shall not be repeated again.

5. In any of the following circumstances, the recipient of the benefits shall report to the social insurance agency in a timely manner after the change of conditions, and if the failure to do so results in fraudulent receipt of work-related injury insurance benefits, the recipient shall refund the full amount in a timely manner:

(1) Those who have reached the age of 18 and have not completely lost their ability to work;

(2) Employed or enlisted in the military;

(3) The spouse of a deceased employee remarries;

(4) Adopted by another person or other organization;

(5) Deceased;

(6) The period during which the sentence was returned to prison for enforcement;

(7) Other circumstances confirmed by the human resources and social security department to be a loss of eligibility to enjoy benefits.

Persons receiving work-related injury insurance pensions shall cease to enjoy the benefits of the pension during the period when they are sentenced to prison and serving their sentences. Those who are released from prison and still meet the eligibility criteria for receiving a bereavement pension shall enjoy the bereavement pension according to the prescribed standards.

6. If an unemployed person falls under any of the following circumstances during the period of receiving unemployment insurance money, he shall cease to receive unemployment insurance money and at the same time cease to enjoy other unemployment insurance benefits. The person receiving the benefits shall inform the handling agency to which the unemployed person belongs in the month of the occurrence of the following circumstances, and if the unemployment insurance benefits are overreceived due to the untimely notification, the overreceived unemployment insurance benefits shall be refunded in full:

(1) Re-employed;

(2) Those who should be conquest for military service or emigrate abroad;

(3) Those who enjoy basic pension insurance benefits;

(4) Refusing to accept appropriate work or training introduced by a department or institution designated by the local people's government without a legitimate reason.

7. Other circumstances that have been determined by the human resources and social security departments to be ineligible for receiving social insurance benefits shall be refunded in full if they have already been received.

8. Employers, insured persons or their relatives who have received more, fraudulently or repeatedly received social insurance benefits should go to the relevant social insurance agency within 30 days from the date of issuance of this notice to handle the refund business.

9. Those who still refuse to return it after being informed will be dealt with in accordance with the following laws and regulations:

(1) Article 88 of the Social Insurance Law of the People's Republic of China: Anyone who fraudulently 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. Article 94: Where the provisions of this Law are violated and a crime is constituted, criminal responsibility shall be pursued in accordance with law.

(2) Article 266 of the Criminal Law of the People's Republic of China: Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions. The Standing Committee of the National People's Congress interprets Article 266 of the Criminal Law of the People's Republic of China: "Fraudulently obtaining social insurance benefits or other social security benefits such as pension, medical treatment, work-related injury, unemployment, and maternity by fraud, falsification, or other means is an act of defrauding public or private property as provided for in Article 266 of the Criminal Law." ”

Employers, insured persons and their families are requested to strictly abide by all laws and regulations, and if there is any illegal receipt of social insurance benefits, please consciously and actively return the full amount. Where they still refuse to return it after being notified, the public security and human resources and social security departments are to carry out joint disciplinary action in accordance with law. where a crime is constituted, criminal responsibility is pursued in accordance with law.

All sectors of society are welcome to supervise and report illegal receipt of social insurance benefits, jointly maintain the safety of the social insurance fund, and protect the fair rights and interests of every insured.

Complaint telephone number of social insurance funds at all levels in Bayannur City

Bayannur City: 0478-12345, 12333

Bayannur City: 0478-8527235 8527358

Linhe District: 0478-8761559

Urad Front Banner: 0478-3212511

Urad Central Banner: 0478-5911512

Urad rear banner: 0478-4616140

Hangjin Houqi: 0478-6655312

Wuyuan County: 0478-5231663

Dengkou County: 0478-4268683

Bayannur Municipal Human Resources and Social Security Bureau

May 13, 2024

Source: Bayannur Municipal Human Resources and Social Security Bureau

Editor: Qiao Hong Proofreader: Yang Yakang