Paying full year of social insurance but not reaching the retirement age, does the reservation of payment period affect the pension?
In order to enjoy the pension, according to Article 169 of the Labor Code 2019, employees participating in social insurance (social insurance) must have a full number of years of paying social insurance premiums and at the same time reach the prescribed retirement age. Article 54, Article 55 of the Law on Social Insurance 2014 is amended by point a, clause 1, Article 219 of the Labor Code in 2019, most employees must participate in social insurance for 20 years or more and reach the prescribed retirement age to be eligible for salary. retirement.
This provision also applies to employees working in normal conditions; working in arduous, hazardous environments, etc. and people with reduced working capacity.
Particularly for female employees who are commune-level cadres and civil servants or part-time employees of communes who participate in social insurance when reaching retirement age, they only need to have full 15 years – less than 20 years of paying social insurance premiums to be entitled to a pension. .
If the employee has completed the number of years of paying social insurance premiums mentioned above but has not yet reached the prescribed retirement age, he/she can choose one of the two options below:
1. Preserve the time of payment of social insurance contributions
According to the Law on Social Insurance 2014, there are 2 cases where the time of payment of social insurance premiums is reserved.
Article 61 stipulates that when employees leave work but do not yet meet the conditions to enjoy pension as prescribed or have not yet enjoyed one-time social insurance as prescribed, the period of payment of social insurance premiums will be reserved.
Article 78 stipulates that employees who stop paying voluntary social insurance premiums but are not yet eligible for pension benefits as prescribed or have not received lump-sum social insurance contributions are entitled to reserve the period of social insurance payment.
The reservation of the time to participate in social insurance does not affect the pension enjoyment nor reduce the percentage of the employee’s pension.
2. Early retirement in case of eligibility
Article 219 of the Labor Code 2019 stipulates that an employee may retire before the age from 2021 in one of the following cases:
No decrease in working capacity:
+ Being of age as prescribed in Clause 3, Article 169 of the Labor Code 2019 and having had full 15 years of working in heavy, hazardous or dangerous occupations or jobs or particularly heavy, hazardous or dangerous jobs on the list set by the Ministry of Industry and Trade. Labor – Invalids and Social Affairs issued or have full 15 years of working in areas with extremely difficult socio-economic conditions, including working time in places with regional allowance coefficient of 0.7 or later before January 1, 2021.
+ The employee has a maximum age of 10 years younger than the employee’s retirement age specified in Clause 2, Article 169 of the Labor Code 2019 and has had full 15 years of working in coal mining in underground mines.
+ Have a maximum age of 5 years younger than the retirement age specified in Clause 2, Article 169 of the Labor Code 2019, except for the Law on Officers of the Vietnam People’s Army, the Law on People’s Public Security, the Law on Ciphers, The Law on Professional Military Soldiers, National Defense Workers and Officials stipulates otherwise.
+ Having a maximum age of 5 years younger than the retirement age specified in Clause 3, Article 169 of the Labor Code and having had full 15 years of working in heavy, hazardous, dangerous or particularly heavy occupations or jobs; hazardous and dangerous on the list promulgated by the Ministry of Labour, War Invalids and Social Affairs or having full 15 years working in areas with extremely difficult socio-economic conditions, including working time in other places. with regional allowance coefficient of 0.7 or more before January 1, 2021.
Reduced ability to work:
– Male employees are full 55 years old and 03 months old, female employees are full 50 years old and 04 months old and suffer from a working capacity decrease of from 61% to less than 81%.
– Male employees who are full 50 years old and 3 months old and female employees who are full 45 years old and 4 months old and have a working capacity decrease of 81% or more.
– The employee has had full 15 years or more of working in particularly heavy, hazardous and dangerous occupations or jobs on the list promulgated by the Ministry of Labor, War Invalids and Social Affairs and has reduced working capacity from 61 % above.
– Employees in the armed forces (officers, non-commissioned officers, army, police, etc.) who have paid social insurance premiums for full 20 years or more and have a working capacity decrease of more than 61%, men must have enough 50 years old and 03 months old and women must be full 45 years old 04 months.
– Having completed 15 years or more of working in particularly heavy, hazardous and dangerous occupations or jobs on the list promulgated by the Ministry of Labor, War Invalids and Social Affairs.
at Blogtuan.info – Source: cafebiz.vn – Read the original article here
