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If a worker dies suddenly, can relatives receive one-time social insurance?

Người Đưa TinNgười Đưa Tin15/05/2023


According to the Law on Social Insurance 2014, employees who are subject to compulsory social insurance and have a request can withdraw social insurance one time if they fall into one of the following cases:

(1) Being of retirement age as prescribed but not having paid social insurance for 20 years (or not having paid social insurance for 15 years for female employees who are full-time or part-time workers in communes, wards or towns) and not continuing to participate in voluntary social insurance.

(2) Employees participating in compulsory social insurance after one year of unemployment, and voluntary social insurance participants who do not continue to pay social insurance after one year but have not paid social insurance for 20 years.

(3) Go abroad to settle down.

(4) People who are suffering from one of the life-threatening diseases such as cancer, paralysis, cirrhosis, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS and other diseases as prescribed by the Ministry of Health;

Cases of illness eligible for one-time social insurance benefits are guided in Circular 56/2017/TT-BYT (amended in Circular 18/2022/TT-BYT) as follows:

According to Circular 56/2017/TT-BYT, diseases eligible for one-time social insurance benefits include:

Cancer, paralysis, cirrhosis, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS stage and at the same time cannot control or perform activities of walking, dressing, personal hygiene and other daily activities that need to be monitored, assisted and completely cared for by someone.

Diseases and disabilities other than those specified in Clause 1 that have a reduced working capacity or disability level of 81% or more and that cause the person to not be able to control or perform activities such as walking, dressing, personal hygiene, and other daily activities that require someone to monitor, assist, and provide complete care.

From February 15, 2023, Circular 18/2022/TT-BYT is amended as follows:

In addition to the case of being suffering from one of the life-threatening diseases such as cancer, paralysis, cirrhosis, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS as prescribed in Point c, Clause 1, Article 60 of the Law on Social Insurance 2014, people with diseases and disabilities that have a labor capacity reduction of 81% or more and cannot control themselves or cannot perform activities to serve their daily personal needs and need someone to monitor, assist, and care for them are fully entitled to receive one-time social insurance.

(5) In case an employee falls into one of the following cases when demobilized, discharged, or quits his/her job without meeting the conditions to receive a pension:

- Officers and professional soldiers of the people's army; professional officers and non-commissioned officers; officers and technical non-commissioned officers of the people's police; people working in cryptography receiving salaries as soldiers;

- Non-commissioned officers and soldiers of the people's army; non-commissioned officers and soldiers of the people's police serving for a limited period of time; military, police and cryptographic students currently studying are entitled to living expenses.

Based on the conditions for receiving one-time social insurance as stated above, if an employee who has participated in compulsory social insurance for less than 20 years dies suddenly, his/her relatives will not receive one-time social insurance but will receive a death benefit when the employee dies. The death benefit includes: funeral expenses and monthly or one-time death benefits.

First, about funeral expenses;

Employees who are paying social insurance or employees who are reserving their social insurance payment period and have paid for 12 months or more. Funeral allowance is equal to 10 times the basic salary in the month the social insurance participant dies.

Second, about death benefits;

1/ One-time death benefit:

Employees who have participated in social insurance for less than 15 years and are not eligible for monthly pension benefits, their relatives will receive a one-time pension benefit. The one-time pension benefit for relatives of employees participating in social insurance or employees who are reserving their social insurance payment period is calculated based on the number of years of social insurance payment, each year is calculated as 1.5 months of the average monthly salary for social insurance payment for the years of social insurance payment before 2014; equal to 02 months of the average monthly salary for social insurance payment for the years of social insurance payment from 2014 onwards;

2/Monthly death benefit:

When a social insurance participant dies in one of the following cases, his/her relatives will receive a monthly pension:

Having paid social insurance for 15 years or more but not yet received a lump sum social insurance benefit; died due to work accident, occupational disease, etc.

Relatives entitled to monthly pension include:

- Children under 18 years old, children 18 years old or older if their working capacity is reduced by 81% or more, children born when the father dies while the mother is pregnant.

- Wife aged 55 or older or husband aged 60 or older; wife under 55 years old, husband under 60 years old if labor capacity is reduced by 81% or more.

- Biological father, biological mother, father-in-law; father-in-law of the social insurance participant who is obliged to provide support according to the provisions of the law on marriage and family if he/she is 60 years old or older for men, and 55 years old or older for women.

The monthly death benefit for each relative is equal to 50% of the basic salary in the month the social insurance participant dies.

The maximum number of relatives receiving monthly pension is 4 people.

Minh Hoa (t/h)



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