The court has the right to freeze and pay off the state pension for rural elderly aged 60.
Civil Procedure Law of the People's Republic of China (revised in 2012)
Article 242 If the person subjected to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court shall have the right to inquire the relevant units about the person subjected to execution's deposits, bonds, stocks, fund units and other property. The people's court shall have the power to distrain, freeze, transfer and change the property of the person subjected to execution according to different circumstances. The property inquired, distrained, frozen, allocated and liquidated by the people's court shall not exceed the scope of the obligations that the person subjected to execution should perform.
When the people's court decides to distrain, freeze, allocate or change the value of property, it shall make a ruling and issue a notice of assistance in execution, which must be handled by the relevant units.
Article 243 If the person subjected to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court shall have the right to withhold or withdraw part of the income of the person subjected to execution from performing his obligations. However, the necessary living expenses of the person subjected to execution and his dependent family members shall be retained.
When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business.
Pension, also known as pension and retirement allowance, is one of the most important pension benefits. That is, the relevant national documents stipulate that the insurance benefits paid monthly or in a lump sum in the form of currency according to their contributions to the society and their eligibility to enjoy pension insurance or retirement conditions after the workers are old or lose their ability to work is a need to benefit the society and is mainly used to protect the basic living needs of employees after retirement. Pensions are accumulated and operated on the principle of common accumulation of the state, the collective and the individual. When people are in their prime, part of the wealth they create is invested in pension plans to ensure that they have a sense of security. Before distribution, no unit shall seal up, freeze and deduct, that is, it cannot directly deduct and pay off the debts judged by the court.
In Shanghai, because of a debt dispute, the court asked the social insurance agency to help withhold part of the pension to offset the debt, which requires the following conditions:
1. The court issues relevant documents to the district and county social security centers;
2. The court shall sign a withholding agreement with the parties and inform them;
3. Ensure that the monthly pension that the party concerned can receive after withholding is not lower than the minimum pension level of Shanghai.
