With the development of data sharing technology, the means of social security supervision have been significantly enhanced. In 2024, social security institutions will conduct in-depth investigations into the problem of illegal pensions, strengthen the management of pension funds, and ensure the fairness and transparency of pension distribution. So, what exactly does illegal pension refer to? What are the consequences of such behavior?
01
Illegal pension payments are common
1. Fraudulent claim of a deceased's pension
A common violation is that after the death of the deceased recipient, the family does not inform the relevant authorities and continues to receive the deceased's pension. In this case, some families may choose to hide the death information and obtain funds illegally due to financial difficulties.
2. Illegally received while serving a prison sentence
According to the relevant provisions, a pensioner should stop receiving a pension while serving a sentence in prison. If the family continues to receive it without informing them of their imprisonment, it constitutes an illegal act and undermines the fairness of the social security system.
3. Multiple claims
It is also a violation for a person to receive a pension repeatedly from multiple insurance types or across regions. For example, some people may receive pension insurance from government agencies and institutions and urban and rural residents at the same time, which violates the regulations.
02
Legal consequences of illegally receiving a pension
Illegal collection is not only unethical, but also illegal, and is subject to a series of legal penalties.
1. Restitution of funds and administrative fines
Any illegally acquired pension must be reverted to all pensions. If the return is not made within the time limit, the social security administrative authority will intervene and take administrative punitive measures.
For example, the Social Insurance Law of the People's Republic of China stipulates that the act of illegally obtaining social insurance funds through fraud, forgery of documents, etc., can be punished by a fine of two to five times the amount defrauded.
2. Be included in the list of untrustworthy persons
In accordance with the "Interim Measures for the Management of the List of Seriously Untrustworthy Persons in the Field of Social Insurance", those who receive benefits in serious violation of the law will be recorded on the blacklist of the untrustworthy.
Once on the blacklist, not only will personal credit be damaged, but also may face restrictions in many aspects such as job hunting and loans.
3. Criminal Liability
In the most serious cases, illegal collection may violate the Criminal Law of the People's Republic of China and constitute a crime of fraud.
In cases where the amount of fraud is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release may be imposed in accordance with law, and a fine may be imposed concurrently or separately; if the amount is huge or the circumstances are particularly serious, a sentence of not less than three years but not more than ten years imprisonment and a concurrent fine may be imposed; In particularly large or serious cases, the penalty may even be imprisonment for more than 10 years or life imprisonment, with a fine or confiscation of property.
03
Illegal pension receipt inspection process
Social security institutions have adopted a series of measures to inspect illegal collection activities to ensure the fairness of the system.
1. Detect suspicious behavior
Using the big data resources obtained from the public security, civil affairs, health, justice and other departments, the social insurance agency explores the possible illegal receipt of pensions through means such as data matching and annual qualification review.
2. On-site verification
In addition to the verification of basic information, the social security department will use methods including on-site visits and home visits to determine the circumstances of improper receipt of benefits.
For example, if a deceased person is still receiving a pension, social security staff will verify it on the spot.
3. Resolve violations
Once the violation is confirmed, the social security department will send a Notice of Illegal Receipt of Social Insurance Benefits to the person involved or his or her family to request the return of the pension that was not properly obtained.
In case of refusal to cooperate, it will be referred to the labor administration for further administrative punishment and, in case of criminal liability, will be transferred to the legal authority.
In order to facilitate the return, social security provides a variety of refund methods:
1. Go to the bank counter: Bring the notice to the designated bank for refund, and the funds will be returned to the designated account.
2. Electronic refund: Refund through online banking, mobile banking and other electronic channels, easy to operate.
How to prevent illegal pension methods from falling into the trap of illegal pension in the face of serious consequences?
04
How to avoid illegal receipt of pension insurance benefits?
1. In the event of the death of the recipient, his relatives and the community in the place of household registration shall report the death information to the social security department in a timely manner, terminate the benefits in a timely manner, cancel the registration of the insurance relationship, and avoid fraudulent benefits in the event of death;
2. In the case of a person serving a sentence in custody, their relatives and the community at the place of their household registration should likewise promptly report the information, go through the formalities for suspending the issuance of benefits, and apply for restoration of benefits in accordance with law;
3. When going through the procedures for receiving benefits, the insured persons should honestly provide the application materials and inform whether they have participated in other basic pension insurance, so as to avoid repeated benefits.
Write at the end
In the era of big data for information sharing, illegal acts are difficult to hide. Inspections by social security institutions will continue to intensify, and non-compliance with pension payments will be more punishable.
In addition, we expect policyholders, their families and the community to be more aware of self-prevention, proactively avoid pension violations, comply with laws and regulations, and protect our fair social welfare system.