The pension of the debtor, again, is the debtor's income and property, the court can enforce, compulsory freezing and garnishment, but must leave a part of the living expenses to the debtor. Article 243 of the Civil Procedure Law
The executor fails to fulfill the obligations determined by the legal instrument according to the execution notice, the people's court has the right to withhold and withdraw the income from the part of the executor that should fulfill the obligations. However, it shall retain the necessary living expenses of the executed person and his dependent family members.
I. The pension due to the executor shall be regarded as the executor's fixed income in the third party, belonging to the scope of its liability property, in accordance with the provisions of article 243 of the Chinese people's *** and national civil procedure law, the people's court shall have the right to freeze, withholding. However, before freezing or withholding, it shall set aside the necessary living expenses of the executed person and his or her dependent family members.
2. Article 242 of the Chinese People's **** and National Civil Procedure Law provides that "the people's court decides to seize, freeze, allocate, or realize the value of the property, it shall make a ruling and issue a notice to assist in the implementation of the notice, which must be handled by the relevant units."
3. Article 36 of the Provisions on Several Issues Concerning the Enforcement Work of the People's Courts (for Trial Implementation) also stipulates: "If the income of the executed person in the relevant unit has not yet been withdrawn, the people's court shall make a ruling and issue a notice of assistance in enforcement to the unit, which shall assist in its detention or withdrawal." In accordance with the foregoing provisions, the social security agency as a pension granting organization, is obliged to assist the people's court to freeze and withhold the pension due to the executor.
Four, in the implementation of the executed person's pension, should pay attention to the social security institutions to do a good job of explaining the spirit of the provisions of the law, to obtain understanding and support. If it still refuses to assist, it can be sanctioned according to law.