Yunnan Teacher Fired and Stripped of Retirement Benefits for Her Faith in Falun Gong

(Minghui.org) A former middle school teacher in Chuxiong City, Yunnan Province was sentenced twice to a total of nine years for practicing Falun Gong, a mind-body discipline that has been persecuted by the Chinese communist regime since 1999. Having reached the legal retirement age after working for 25 years, Ms. Zhu Lan, however, has been stripped of all retirement benefits because of her faith in Falun Gong. She has to work odd jobs to make a living. 

Below is Ms. Zhu’s own account about the denial of her pension benefits.

***

I was a Chinese teacher at the Jinlu Middle School in Chuxiong. I took up Falun Gong in 1997. After the communist regime ordered the persecution in 1999, I have been arrested three times and sentenced to three years in 2000 and six years in 2005. Also in 2005, I was fired by my school. 

Since I reached the retirement age of 55 in 2016, I filed several applications to start receiving pension payments, but my application was always denied. 

Although the police, school leadership, education bureau officers, as well as those of the Political and Legal Affairs Committee and 610 Office, promised to help me resolve any issues, they always told me that they could only report my situation to the higher ups, when I asked for help about my pension. 

When I followed up with them, their response was, “We can’t do anything about it. There is no precedent for your case.” They also said to me, “Don’t mention the law or Falun Gong. We are just doing things according to government policy.”

The police officer in charge of my neighborhood, surnamed Xu, called me on February 23, 2023. He said that he had reported my case and director Luo of the 610 Office could help me apply for social security benefits.

I called Luo and he asked me to meet with him at the township government. Liu, the director of the social security bureau, was also there, as well as staff members of the appeals office. 

After asking for my basic information, Liu said there wouldn’t be much problem for my social security application to be approved. But when they entered my information in their system, I noticed some strange expressions on their faces and Luo left the room. 

I told those who stayed in the room that I’m following the law in applying for my retirement benefits. I said that no law ever criminalized Falun Gong or listed it as a cult. I added that the Chinese Publication Bureau has lifted the ban on Falun Gong books in 2011, which further indicated that practicing Falun Gong is legal in China. I’m a law-abiding citizen and should be entitled to my retirement benefits. 

As I was talking, director Luo came back. He said to me, “Don’t talk to us about such things. I’ve asked about your case. There are policies about it. For people who have been sentenced like you, your social security benefits have been completely cleared and reset to zero.” 

I demanded to see the relevant policy. Director Liu said, “I will have to look it up before I can give you more information.”

I showed Luo the laws I cited in my application: 

Article 16 of the “Social Insurance Law of the People’s Republic of China” said that, “Individuals participating in the basic endowment insurance who have paid contributions for fifteen years when they reach the statutory retirement age shall receive basic endowment pensions on a monthly basis.”

Article 13 of the “Social Insurance Law of the People’s Republic of China” stated that “The government shall assume the premiums that should have been paid during the period before the employees of state-owned enterprises and public institutions participate in the basic endowment insurance.” [editor’s note: The basic endowment insurance (also known as basic pension) is funded by employer contributions (also known as premiums), employee contributions, and government subsidies. According to abovementioned Article 16, a minimum of 15 years of contribution period is required. Ms. Zhu was fired from her job in 2005, before the law became effective in 2011. Article 13 implies that the years she worked at her school before the law took effect should still be counted in tallying her contribution period. To be more specific, she had worked for the school for 25 years when she was fired in 2005. Even though the law had not come into existence and her school had not participated in the basic pension program then, Article 13 ensures that she is deemed to have paid the required contributions during those 25 years, since the government would cover the premiums.]

The Chinese “Constitution,” “Law on the Protection of the Rights and Interests of the Elderly,” “Labor Law,” “Social Insurance Law” and other laws indicate that the only condition for retirees of government agencies and public institutions to receive pensions is to reach the retirement age. There is also only one condition for the authorities to suspend one’s pensions, which is the death of the retiree. It has nothing to do with whether one is sentenced to prison or what religion one believes in.

Article 78 of the “Legislation Law of the People’s Republic of China” stated, “The Constitution has the highest legal effect, and all laws, administrative regulations, local regulations, autonomous regulations, separate regulations, and rules must not contravene the Constitution.”

Article 79 of the “Legislation Law of the People’s Republic of China” said, “The effect of laws is higher than that of administrative regulations, local regulations, and rules. The effect of administrative regulations is higher than that of local regulations and rules.”

Luo marked the laws and said, “We can’t do anything about it. We are just following the order.” He added that he could possibly give me medical coverage and I could apply for low-income subsidy (I applied for that three years ago. I used to receive 100 yuan a month and now 300 yuan a month. But I’m required to perform public service whenever I’m asked to).

Luo also offered the option for me to make a one-time 3,000-yuan contribution and then start to receive 130 yuan monthly City Pension Subsidy. He said if I fill out an application, they could possibly increase the subsidy to at least 500 yuan a month. But none of the options compares to the basic pension I should be receiving or is enough to support the most basic living costs.