Question: I want to get married. When I went to the town civil affairs department to go through the formalities a few days ago, I asked us to pay 500 yuan old-age insurance. Otherwise, I would not go through the formalities of marriage registration. Excuse me, do you have to pay pension for marriage registration?
Answer: The forcible collection of old-age pension by marriage registration authorities is not only without legal basis, but also contrary to the state policy.
Marriage registration is a necessary procedure to establish legality as stipulated by law. Article 7 of our country stipulates that "both men and women who are required to marry must go to the marriage registration authority personally for marriage registration. If it complies with the provisions of this Law, it shall be registered and issued, that is, the relationship between husband and wife shall be established. This provision contains two meanings: first, all men and women who require marriage must go to the marriage registration authority to register their marriage in person; second, as long as they comply with the provisions of the Marriage Law, the registration authority must issue the marriage certificate to the applicant. It can be seen that the marriage registration organs perform their duties according to law, which is an administrative act of the government. The administrative act can only be carried out in accordance with the legal procedures within the scope of powers conferred by law, otherwise it will be invalid. Judging from the current law of our country, the authority of the marriage registration machine is only to carry out marriage registration according to law, and it has no right to charge arbitrarily or ask the applicant for marriage registration to add other acts as the condition of registration.
According to your situation, if the pension is collected by the marriage registration authority on its own, it should be charged arbitrarily, and you have the right to ask the marriage registration authority to return it. If the old-age insurance is commissioned by the insurance company, you and the insurance company will have a written old-age insurance contract after collection, or the insurance company will issue a policy to you, which involves the behavior of the insurance company. Article 10 of China's Insurance Law stipulates that: "When entering into an insurance contract, the insured and the insurer shall abide by the principles of fairness and mutual benefit, consensus and voluntary conclusion, and shall not harm the public interest. Insurance companies and other units shall not compel others to conclude insurance contracts except those that are required to be insured by laws and administrative regulations. It is compulsory for an insurance company to take the vehicle of the marriage registration authority and take whether to insure as the condition of marriage registration, which violates the voluntary principle stipulated in the above-mentioned law. To this end, you can claim to the insurance company that the insurance contract is null and void in accordance with the provisions of Article 58 (5) of the General Principles of Civil Law, and ask the insurance company to return the premium; if the other party does not agree, you have the right to bring a civil action.
Because China's rural areas do not implement compulsory old-age insurance, you do not have to participate in the problem of old-age insurance, that is, in the city to participate in compulsory insurance units, to collect insurance premiums also have to be collected by the insurance authorities themselves or entrusted to the local tax authorities, nor can you take the vehicle of marriage registration.