In what cases is early retirement not subject to pension deduction?

Regarding this issue, Social Insurance (SI) informs as follows:

According to the current Law on Social Insurance (SI), when retiring early, 2% of the pension will be deducted for each year of early retirement, but there are also cases where the salary is not deducted.

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Clause 2, Article 169 of the Labor Code stipulates: The retirement age of employees in normal working conditions is adjusted according to the roadmap until reaching 62 years old for male employees in 2028 and 60 years old for female employees in 2035.

From 2021, the retirement age of employees in normal working conditions is 60 years and 3 months for male employees and 55 years and 4 months for female employees; then, each year it increases by 3 months for male employees and 4 months for female employees.

However, there are cases where employees are allowed to retire 5-10 years earlier than the retirement age prescribed in Clause 2, Article 169 of the Labor Code.

According to the provisions of Article 66 of the Law on Social Insurance 2024, effective from July 1, 2025, for those who retire early due to reduced working capacity as prescribed in Article 65 of the Law on Social Insurance 2024, for each year of retirement before the prescribed age, the monthly pension will be reduced by 2%.

In case of early retirement of less than 6 months, the pension percentage will not be reduced. From 6 months to less than 12 months, the pension percentage will be reduced by 1%.

However, for employees who meet the conditions for early retirement as prescribed in Article 64 of the Social Insurance Law 2024, the monthly pension rate will not be deducted.

In addition, cadres, civil servants, public employees, and people working under labor contracts in agencies, organizations, units, and armed forces subject to organizational restructuring and administrative units at all levels are allowed to retire a maximum of 10 years earlier than the age specified above.

According to Article 7 of Decree 178/2024/ND-CP of the Government regulating the policy of early retirement due to organizational restructuring, those approved by the management agency for early retirement will receive support such as one-time retirement allowance, allowance for the number of years of early retirement, allowance according to the working time with compulsory social insurance contributions, etc.

Thus, upon retirement, this subject is entitled to pension benefits according to the provisions of the law on social insurance with the preferential condition that the pension rate is not deducted due to early retirement.

According to baotintuc.vn

Source: https://baolaocai.vn/nhung-truong-hop-nao-nghi-huu-som-khong-bi-tru-luong-huu-post399606.html