Enquiring knowledgeable people Inquisitive education Hospital Treasury

Can retired employees of public institutions continue to receive retirement pensions after serving a criminal sentence?

home page

Can retired employees of public institutions continue to receive retirement pensions after serving a criminal sentence?


        

Submit answer
Favorable reply
  • 2024-06-14 15:01:40

    According to Article 2 (6) of the Notice on Issues Related to the Handling of Wage Treatment of Public Institution Workers and Government Workers Subjected to Compulsory Measures and Administrative Criminal Penalties (RSBF (2012) No. 69) issued by the Organization Department, the Supervision Department and the Ministry of Human Resources and Social Security of the CPC Central Committee According to the provisions of the first paragraph, if a staff member of a public institution or a government worker is sentenced to a punishment of not less than fixed-term imprisonment (excluding a suspended sentence) after retirement, the original pension treatment shall be canceled from the date when the judgment of the people's court takes effect. The living treatment after the completion of the execution of the punishment shall be handled by the unit that originally paid the retirement allowance at its discretion. How to deal with the salary of criminal punishment? (1) During the period when public institution staff and government workers are on bail pending trial, under residential surveillance, under criminal detention or arrest, their wages will be suspended, and their living expenses will be 75% of their original basic wages, without counting their working years. 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 innocence, or is exempted from criminal punishment, and has not been taken into custody for education, compulsory isolation for drug rehabilitation, reeducation through labor, or administrative detention, and has not been punished, the salary treatment will be restored, and the reduced salary will be reissued, and the length of work will be calculated during the period when compulsory measures are taken. (2) If the staff members of public institutions and government workers are held at large in criminal detention or approved to be arrested at large, their wages shall be suspended. (3) During the period of being taken in for education, compulsory isolation for drug rehabilitation, reeducation through labor, and administrative detention, the staff members of public institutions and government workers who are not dismissed will be stopped from paying their salaries and living expenses will be calculated as 75% of their original basic wages, without calculating their working years. The salary after the expiration of the period shall be determined according to the punishment received. (4) If a staff member of a public institution (except those appointed by an administrative organ) or a government worker is sentenced to a criminal punishment of not less than fixed-term imprisonment, and the organ that has made the decision on the punishment has not yet made the decision on dismissal, his or her original salary treatment shall be cancelled as of the date when the judgment of the people's court takes effect. During the period of being sentenced to public surveillance, criminal detention or suspended sentence, if the unit does not give the punishment of dismissal, the salary will be suspended, and the number of years of work will not be counted. If temporary work is arranged during the probation period of criminal detention, living expenses shall be calculated and paid at 60% of his basic salary. The salary after the expiration of the period shall be determined according to the punishment received. If a staff member of a public institution appointed by an administrative organ is subject to criminal punishment and the punishment decision organ has not yet made a decision on dismissal, from the date when the judgment of the people's court takes effect, the cancellation of the original salary treatment or above is about the retired staff member of the public institution serving a criminal sentence. Can they continue to receive retirement pension after the sentence is completed and released? Have you learned the knowledge of law?

  • other Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):