Guarding the security of the fund makes insurance fraud "nowhere to hide"
"We must strengthen supervision and investigation, and severely crack down on fraudulent insurance fraud, hedging, or misappropriation of social security funds with a zero-tolerance attitude." Tang Xiaoli, director of the Social Insurance Fund Supervision Bureau of the Ministry of Human Resources and Social Security, recently held a press release by the Ministry of Human Resources and Social Security. said at the press conference.
In order to better protect the old-age and emergency funds of the common people, the Ministry of Human Resources and Social Security has recently formulated and released the "Measures for the Administrative Supervision of Social Insurance Funds" (hereinafter referred to as the "Measures"). Two main lines of legal liability for safety violations of social insurance funds shall be stipulated.
The Measures will take effect on March 18.
Improve supervision efficiency and better protect fund security
According to the data at the press conference, with the rapid development of my country's social security industry, the pension insurance has covered more than 1 billion people, and the number of unemployment and work-related injury insurance coverage has reached 230 million and 280 million respectively, and the annual fund revenue and expenditure scale has reached 13 trillion. Yuan.
"The service content has been greatly expanded, the service channels have become more diverse, the scale of the fund has become larger, the number of people involved has become more and more, and the management chain has become longer and longer, all of which have put forward higher requirements for strengthening fund management, and the responsibility for maintaining fund security has also It is more important." Tang Xiaoli said that the "Measures" were specially issued to improve the supervision efficiency and better protect the safety of the fund.
"The "Measures" clarify the main body of fund supervision, internal and external coordination mechanisms, supervision responsibilities and scope, etc., and provide a clearer standard for fund supervision to follow the 'legal responsibilities must be'. When answering the relevant questions of the Measures, it stated that the Measures implement the corresponding supervision authority of fund supervision conferred by the Social Insurance Law, clarify the basic requirements for the implementation of fund supervision, pay equal attention to on-site inspection and off-site inspection, emphasize the handling of fund violations, promote The supervision of social insurance funds shall be further scientific, legalized and standardized.
According to reports, next, the fund supervision department will bring together supervision and synergy to build a supervision system with human resources and social security administrative departments at all levels as the main body, public security, judicial administration, finance and other departments cooperate and actively participate in the society.
find together, investigate together
What is the scope of administrative supervision of social insurance funds?
The person in charge said that the scope of supervision has continued to expand. In addition to social security agencies and service agencies, other units directly related to the management of social security fund revenues and expenditures have been included in the scope of supervision.
The reporter found that the "Measures" made detailed provisions on "supervision matters".
The supervision of social insurance agencies includes: the implementation of social insurance fund budgets and final accounts; the opening, use and management of bank accounts such as social insurance fund income and expenditure accounts; social insurance benefits review and fund payment, etc.
The supervision of social insurance service institutions includes: the management and use of social insurance funds; the internal control of fund management and use; the implementation of social insurance service agreements, etc.
The supervision of units directly related to the income, expenditure and management of social insurance funds includes: approval of early retirement, identification of work-related injuries (confirmation of occupational injuries), identification of labor capacity, etc.
"A third-party organization such as an accounting firm can be hired to audit the income, expenditure and management of social insurance funds." At the specific implementation level, the "Measures" stipulate that if problems with fund income, expenditure and management are found, rectification opinions shall be put forward in accordance with the law. Interviews, letter inquiries, notification and other means are used to urge rectification, and the rectification situation of the supervised unit will also be checked.
Tang Xiaoli said that this year, the "Social Security Fund Management Improvement Year" action will be implemented in depth, special inspections of all insurance types of social security funds will be carried out, and the coordination of the "four defenses" of civil defense, control defense, technical defense and group defense will be strengthened, and efforts will be made to protect them together. Social security fund security.
The consequences of fraudulent insurance are serious
This time, the "Measures" divide the legal liabilities of infringing social insurance funds into three categories, namely, the relevant legal liabilities of social insurance agencies and their staff, the relevant legal liabilities of fraudulent insurance fraud, and the identification of illegal work-related injuries and early retirement. , Labor capacity appraisal legal responsibility.
The "Measures" also stipulates in detail the behavior of defrauding social security benefits by providing false certification materials and relevant reimbursement bills, and points out that penalties will be imposed in accordance with the relevant provisions of the Social Insurance Law.
At the same time, it is stipulated that if the staff of the human resources and social security administrative departments commit fraud, identify those who do not meet the conditions as workers with work-related injuries or approve early retirement, and cause losses to the social insurance fund, they will be punished according to law.
In fact, fraudulently claiming pensions, fraudulently using other people's social security cards... The consequences of these fraudulent acts are very serious.
Article 88 of the Social Insurance Law stipulates that if the social insurance benefits are obtained by fraud, forged certification materials or other means, the social insurance administrative department shall order it to return the fraudulently obtained social insurance funds, and impose a fine of not less than two times but not more than five times the amount fraudulently obtained.
The National People's Congress Standing Committee's Interpretation on Article 266 of the Criminal Law clearly states: Whoever defrauds pension, medical care, work-related injury, unemployment, maternity and other social insurance benefits or other social security benefits by fraud, forgery of certification materials or other means, It belongs to the act of defrauding public and private property as stipulated in Article 266 of the Criminal Law.
Therefore, those who meet the relevant circumstances will be investigated for criminal responsibility for the crime of fraud, and the maximum penalty is life imprisonment.
Zhang Jing