As of March, Mr. An is 59 years old and has paid social insurance for 35 years. Currently, Mr. An’s health is very weak, the assessment results showed a 63% health decline, so he is worried that he may die early, affecting his social insurance benefits.
Therefore, Mr. I want to ask if I am eligible for early retirement at this time? If it is enough, how much is his pension?
However, he is worried that he will not live long enough to enjoy a pension in the future, so he wants to ask if he can enjoy the one-time social insurance benefit and How much money do you receive? Is receiving one-time social insurance more beneficial than if he received his pension and died early?
In the worst case, Mr. An cannot overcome his illness and passes away before receiving the one-time social insurance. In case no one is eligible to receive monthly death benefits, how will social insurance handle the benefits?
According to Vietnamese Social Insurance Clause 1 and Clause 2, Article 5 of Decree No. 135/2020/ND-CP dated November 18, 2020 stipulates that the retirement age in 2024 for male workers with reduced working capacity from 61% to less than 81% is 56 years old.
By March 2024, Mr. An will be 59 years old, have a 63% reduced working capacity and have a social insurance payment period of 35 years, then he is eligible to enjoy retirement benefits according to the above regulations. .
Regarding pension benefits, Clause 2, Article 56 of the 2014 Law on Social Insurance stipulates that the monthly pension of male employees from 2022 onwards is calculated as 45% of the average monthly salary paid for social insurance. corresponding to 20 years of social insurance payment, then for each additional year, an additional 2% will be calculated, the maximum level is 75%.
Clause 3, Article 56 of the 2014 Law on Social Insurance regulates the monthly pension level of employees Eligibility for pension due to reduced working ability is calculated as prescribed for employees eligible for pension under normal working conditions. After that, for each year of retirement before the prescribed age, the reduction is 2%.
Based on the above two regulations and the time Mr. An wants to receive his pension, the average monthly salary that Mr. An has paid social insurance for. Calculate his pension benefit.
According to Vietnam Social Insurance, in case Mr. An has just received his pension and passes away, his relatives will receive a one-time death benefit.
Mr. Clause 2, Article 70 of the 2014 Law on Social Insurance stipulates that the lump-sum death benefit for relatives of a person receiving pension who dies is calculated according to the period of pension enjoyment.
If death occurs in the first 2 months Pension benefits are calculated by 48 months of current pension. If you die in the following months, for each additional 1 month of pension, the benefit level will be reduced by 05 months of pension, the lowest level is equal to 3 months of pension currently being enjoyed.
In addition, according to the provisions of Article 66 of the Social Insurance Law of 2019 2014, the person in charge of Mr. An’s funeral is also entitled to a funeral allowance equal to 10 times the base salary in the month he died.
Regarding one-time social insurance benefits, based on the provisions of Article 60 Social Insurance Law 2014 Vietnam Social Insurance says that Mr. An can only receive social insurance once in 2 cases.
The first is when Mr. An goes abroad to settle.
Second Second, Mr. An is suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the liver, ascites, severe tuberculosis, HIV infection that has progressed to AIDS, and other diseases that reduce the ability to work by 81% or more. ability to recover.
In case Mr. An suddenly passes away before having time to receive one-time social insurance or retirement, if his relatives do not have anyone eligible to receive the monthly death benefit, the benefit will be resolved. one-time survivor allowance.
According to Clause 1, Article 70 of the 2014 Law on Social Insurance, the one-time survivor allowance for relatives of employees participating in social insurance or employees who are reserving the time of social insurance payment is allowed. calculated according to the number of years of social insurance payment.
For each year of social insurance payment, calculated by 15 months, the average monthly salary paid for social insurance for the years of social insurance payment before 2014; equal to 2 months of the average monthly salary paid for social insurance for years of paying social insurance from 2014 onwards.
The lowest one-time death benefit is equal to 3 months of the average monthly salary paid for social insurance.< /p>
In addition, relatives who take care of Mr. An’s burial will also receive a funeral allowance equal to 10 times the base salary in the month in which Mr. An died.
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