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Mr. Ho Tan Nhi (Da Nang) was born on 12/12/1963, has paid social insurance for 39 years and 6 months, has closed the social insurance book. According to the medical evaluation report of July 13, 2020, you have a decrease in work capacity of 66% and are eligible to retire before your age.
However, on 12/12/2020, Mr. Nhi was only 57 years old to complete the pension entitlement process. Mr. Nhi asked, is the medical examination record still valid until 12/12/2020 and what is the percentage of your pre-age pension entitlement?
City social security. Da Nang responded to this problem as follows:
Due to the incomplete information provided by him, the social security agency asked him to refer to the regulations on the level of monthly pension specified in article 56; The average monthly salary paid by social security for the calculation of pensions and flat-rate benefits is specified in article 62 of the Social Security Law No. 58/2014 / QH13. As follows:
“Article 56. Monthly pension
1. From the effective date of this Law until before January 1, 2018, the monthly pension of employees who fully satisfy the conditions specified in article 54 of this Law is equal to 45% of the average amount. the monthly salary paid for the social security premium specified in article 62 of this Law corresponds to 15 years of payment of the social security premium, then for each additional year, an additional 2% for men and 3% for women; the maximum level is 75%.
2. As of January 1, 2018, the monthly pension of employees who fully comply with the conditions specified in article 54 of this Law will be equal to 45% of the average monthly salary paid for social security premiums specified in article 62 of the Law. This and corresponding to the number of years of social security payment as follows:
a) The male employee retires 16 years in 2018, 17 years in 2019, 18 years in 2020, 19 years in 2021 and 20 years from 2022;
b) The employee is retiring from 2018 for 15 years.
Then, for each additional year, the employees specified in Points a and b of this Clause are entitled to an additional 2%; the maximum level is 75%.
3. The monthly pension of employees who fully comply with the conditions specified in Article 55 of this Law is calculated as prescribed in Clauses 1 and 2 of this Article, and then for each year of retirement before the prescribed age, will decrease by 2.%.
In the event that the retirement age has an odd period of up to 6 months, the reduction rate will be 1%, if it is greater than 6 months, the percentage for retirement before age is not reduced.
… 5. The lowest monthly pension of employees affiliated to the compulsory social security with the right to a pension as prescribed in articles 54 and 55 of this Law is equal to the base salary, except in the case specified in point i Clause 1 Article 2 and Clause 3 Article 54 of this Law.
6. The Government will detail this article ”.
“Article 62. Average monthly salary paid by social security for the calculation of pensions and global benefits
1. Employees who are subject to the salary regime prescribed by the State and have the full time of payment of the social security premium under this salary regime, the average monthly salary of the number of years of social security payment before retirement is the next: :
a) When participating in social security before 1/1/1995, the average monthly salary paid by social security for the last 5 years before retirement;
b) Participate in social security during the period from January 1, 1995 to December 31, 2000, the average monthly salary paid by social security for the last 6 years before retirement;
c) Participate in social security during the period from January 1, 2001 to December 31, 2006, the average monthly salary paid by social security for the last eight years before retirement;
d) Participate in social security during the period from January 1, 2007 to December 31, 2015, the average monthly salary paid by social security for the last 10 years before retirement;
dd) Participate in social security from January 1, 2016 to December 31, 2019, the average monthly salary paid by social security for the last 15 years before retirement;
e) Participate in social security from 1/1/2020 to 12/31/2024, the average monthly salary paid by social security for the last 20 years before retirement;
g) Participate in social security as of 1/1/2025, the average monthly salary paid by social security for the entire period.
2. Employees who have full-time social security payments in accordance with the salary regime decided by their employers will calculate the average monthly salary paid by social security for all time.
3. Employees who have time to pay the social security premium and who are subject to the salary regime prescribed by the State and who have time to pay social security in the salary system decided by the employer, will calculate the average salary. the monthly salary paid by the general social security of the times, in which the payment period according to the salary system prescribed by the State is calculated on the average of the monthly salary paid by the social security in the terms of Clause 1 of this Article .
4. The Government will detail this article ”.
In addition, according to article 63 of Social Security Law No. 58/2014 / QH13, the salary paid by social security is used as the basis for calculating the average monthly salary paid by social security for employees who are subject to the salary regime. regulated by the State is adjusted according to the base salary at the time of enjoying pension benefits for employees affiliated with social security before January 1, 2016.
The salary for which social security has been paid as the basis for calculating the average monthly salary paid by social security for employees who pay social security in the wage system decided by the employer will be adjusted on the basis of the price index to the consumer of each period in accordance with Government regulations.
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