If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained.
1. The pension due to the person subjected to execution shall be regarded as the fixed income of the person subjected to execution at a third party and belong to his property. According to Article 243rd of the Civil Procedure Law of People's Republic of China (PRC), the people's court has the right to freeze or deduct. However, before freezing or deducting, the necessary living expenses of the person subjected to execution and his dependents shall be reserved.
2. Article 242nd of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "When the people's court decides to seal up, freeze, transfer or change the property price, it shall make a ruling and issue a notice of assistance in execution, and the relevant units must handle it."
3. Article 36 of the Provisions of the People's Court on Several Issues Concerning Execution (Trial) also stipulates: "If the income of the person subjected to execution in the relevant unit has not been withdrawn, the people's court shall make a ruling and issue a notice of assistance in execution to the unit, which will assist in detaining or withdrawing it." According to the foregoing provisions, the social security institution, as a pension issuing institution, has the obligation to assist the people's court in freezing and withholding the pension due to the person subjected to execution.
Four, in the implementation of the pension of the person being executed, we should pay attention to explain to the social security institutions, clarify the spirit of the law, and gain understanding and support. Those who still refuse to assist may be sanctioned according to law.