Validating Falun Dafa by Filing a Pension Lawsuit

(Minghui.org) I have practiced Falun Dafa for more than 20 years. Due to the Chinese Communist Party’s (CCP) persecution of Dafa, I was illegally sentenced to prison from 2003 to 2017. Despite being imprisoned, I paid the required 15 years of social security insurance from 1992 to 2007. I retired in 2012.

Then, in 2020, the Social Security Bureau stopped my pension. Not only that, they ordered me to return the 300,000 yuan in pension funds I’d already been paid. They said that they’d canceled my pension because I had served a prison sentence. Realizing this was financial persecution, I decided to use legal means to defend my rights.

Filing a Lawsuit

Filing the case turned out to be difficult. I first submitted an application to the Social Security Bureau. Since they did not give me an answer, I decided to file a lawsuit.

The government officials turned down my attempts to file a lawsuit using a number of excuses. I then chose to file my complaint through their online service. I tried three times. Each time, the response after review was: “Disqualified.” The reviewer’s reason for rejection was: “Other.” They never said what “other” referred to. No one knows.

I went in person again to the office to file the lawsuit. The chief judge looked at it and said, “You talk about ‘legislation.’ You are Falun Gong! It’s an evil cult. Do you still practice it?”

“Falun Gong is good. It teaches people to be good,” I replied. “There are a total of 14 ‘evil cults’ as defined by the CCP General Office, the General Office of the State Council, and the Ministry of Public Security. Falun Gong is not one of them.”

“You dare to say such propaganda about Falun Gong to the court?!” yelled the judge. He called in several guards. It looked like they were going to drag me away.

“I came here to file a case,” I said calmly to the guards. “I was just answering the judge’s question.”

The guards had no reason to take me away. “Remember, you are not allowed to talk about Falun Gong here,” they said and left.

Since I did not succeed in filing a lawsuit, I decided to apply for an “administrative review.” Thus, I filed an application with the States Office of Personnel Management requesting an administrative review. I asked for a review of the defendant’s unauthorized withholding of the claimant’s pension, which is a violation of the Constitution, Legislative Law, and Social Insurance Law. I requested that the defendant immediately resume my pension that they unlawfully withheld.

The review procedure took 60 days. In March 2021, the administrative review was completed and the Social Security Bureau was ordered to disclose pertinent documents within a certain period of time. However, they never did.

Six months after my pension was stopped, the Social Security Bureau sent me a “Notice to Return Pension Benefits Received in Violation of Regulations” and notified me that my case was transferred to the Labor Security Supervision Department.

I went to the local procuratorate many times, but an administrative decision was never made, which was important for filing my case. The Labor Security Supervision Department told me to go discuss the issue with the Social Security Bureau. The Social Security Bureau said that my case had been transferred to the Labor Security Supervision Department, so I should go there. Finally, the Social Security Bureau said my case was transferred to the Intermediate Court and told me to wait. Two more months passed, and I heard nothing.

As a Dafa disciple, I knew I couldn’t give up that I had to maintain righteous thoughts, eliminate all disturbances, and negate this financial persecution. I would continue to use legal means to protect my rights.

According to the Constitution, the Labor Law, and the Social Insurance Law, retirees continue to receive their pension when serving a prison sentence. The Social Security Bureau has no legal right to stop my pension, even if I served a sentence. They violated the law by doing so.

I wondered, “How can I get my case filed?” I asked Master for help. With Master’s hint and the support of practitioners on an online forum, I sent an “Application for Pension Payment According to Law” to the Social Security Bureau and an “Application for Performing Duties” to the Human Resources and Social Security Bureau. In the end, I got one response: the Human Resources and Social Security Bureau revoked my retirement eligibility. The decision was so evil, yet, on the other hand, it provided me with a reason to file a lawsuit.

One year after the battle started, I finally succeeded in filing a lawsuit. It was against the Human Resources and Social Security Bureau. I requested that they withdraw their decision to revoke my retirement eligibility. With Master's protection, I’d made a breakthrough in negating the old forces' attempt to financially persecute me.

Litigation Debate

On the day of the hearing, local fellow practitioners sent righteous thoughts to clear out the evil elements. In the courtroom, I presented my case based on legal, factual, and procedural aspects. Everyone in the room was very quiet when I spoke. I could see that they (especially the representative for the defendant) were trying to find loopholes in my presentation. I felt the call for justice and the power of Dafa.

The defendant was using the Social Security Bureau’s “Notice to Return Pension Benefits Received in Violation of Regulations,” which is not a law, as the basis of their defense. The only part of law they quoted was “Social Security Law,” which altered the original law.

They quoted the part that read, “When the enterprises or individuals participating in social insurance reach the legal retirement age, they will receive pensions on a monthly basis if they have paid their contributions for 15 years in total.” However, they intentionally ignored the following part: “Individuals participating in the basic endowment insurance, who have accumulated contributions for less than 15 years when they reach the retirement age, can make contributions to the full 15 years and receive the basic pension on a monthly basis.”

Their statement that “paying social security insurance while serving a sentence is an illegal payment” has no legal basis at all. There is no law that forbids individuals who are serving a sentence to make social security insurance payments.

At the end of the debate, the presiding judge said to the defendant: “You went too far. Please mediate and solve the problem. You are responsible for this. You have to allow people to live.” The defendant’s representative said quietly, “It looks like we made a mistake.”

Court Decisions

The court decided the following:

1. Citing item 76 (6) of the “Administrative Procedure Law,” the court revoked the Human Resources and Social Security Bureau's decision on August 2021 to cancel my retirement eligibility.

2. The court ordered the defendant, Human Resources and Social Security Bureau, to redo the administrative action within 60 days. “The court fee shall be borne by the defendant. The defendant may file an appeal within 15 days.”

After 15 days I was notified the case was closed, as the defendant did not appeal.

The whole procedure was a battle between good and evil. With Master’s strengthening and fellow practitioners’ support, justice prevailed.

The lawsuit to resume my pension is still ongoing. During the process, I wanted to eliminate the evil’s financial persecution, validate Dafa, and cultivate myself. No matter how difficult the path is, I believe I will improve as long as I am on a right cultivation path. I am so grateful that Master arranged this opportunity for me to improve in my cultivation.

Master said:

“Do well what remains to be done, and head toward the future with a cultivation journey free of regret. I wish you much enlightenment and success!” (“To the Canada Fa Conference”)

I will never regret my determination to believe in Master and the Fa.