(Dan Tri) - The draft Circular detailing and guiding the implementation of a number of articles of the Law on Social Insurance states how to calculate the time to receive benefits for people who are of retirement age but have not paid social insurance for 15 years.
The Law on Social Insurance 2024 stipulates the regime for employees who are not eligible for pension and are not old enough to receive social retirement benefits.
According to the draft Decree detailing and guiding the implementation of a number of articles of the Law on Social Insurance 2024 on compulsory social insurance, beneficiaries are Vietnamese citizens of retirement age who have paid social insurance but do not meet the pension period requirements (minimum 15 years) and do not meet the conditions for social pension benefits (70-75 years old).
To enjoy this regime, the beneficiary does not receive a one-time social insurance payment and does not reserve the social insurance payment period but requests to receive monthly benefits.
The draft Circular detailing and guiding the implementation of a number of articles of the Law on Social Insurance specifies specific conditions for Ms. C., a Vietnamese citizen. In September, Ms. C. turned 56 years and 8 months old and had paid social insurance for 10 years.
At the time of September, when Ms. C. reaches the retirement age according to regulations, she has the following options: Pay one time for the remaining social insurance payment period to be eligible for pension or continue to pay voluntary social insurance.
Thus, in case Ms. C. does not make a one-time payment for the missing social insurance payment period or continues to pay voluntary social insurance, does not receive a one-time social insurance payment and does not reserve the social insurance payment period, she can choose to receive a monthly allowance.
During the period of receiving monthly allowance, she will have her health insurance paid by the state budget.
Regarding the calculation of the subsidy level, the draft circular gives an example of Mr. T., born in June 1964, who has paid social insurance for 5 years, the average salary used as the basis for social insurance payment is 6.155 million VND/month.
In October, Mr. T. requested to receive monthly benefits according to regulations. Suppose the social pension benefit level in October is 500,000 VND/month.
Mr. T's monthly benefit period is calculated according to the formula:
Ttt = (6,555,000 x 2 x 5)/500,000 = 131.1 (months).
Thus, his monthly benefit period is 132 months (131.1 months rounded to 132 months). He will start receiving benefits from October, the month he requested to retire. The monthly benefit level at the time of settlement is equal to the social pension level of VND 500,000/month.
Mr. T. has a monthly allowance period of 132 months from October 2025. When he finishes his monthly allowance period, he is 33 months short of reaching 75 years old (the age eligible for social pension benefits).
In case Mr. T wishes, he can pay the remaining amount at once at the time of settlement (October) to receive monthly benefits until he reaches the age of receiving social retirement benefits.
The one-time payment for the remaining amount to be enjoyed until reaching the age of receiving social pension benefits is calculated according to the formula:
ST mlct = (165 - 132) x 500,000 = 16,500,000 (VND)
Thus, Mr. T. can pay the remaining amount of 16.5 million VND at once to receive monthly benefits from October until he reaches the age of receiving social pension benefits (75 years old).
Source: https://dantri.com.vn/an-sinh/cach-tinh-thoi-gian-huong-tro-cap-voi-nguoi-tu-60-tuoi-khong-co-luong-huu-20250219123152168.htm
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