How much is the one-time allowance for retired teachers who have not received seniority allowance?
What are the conditions for entitlement to allowance for retired teachers who have not received seniority allowance?
Based on Article 3 Decree 14/2020/ND-CP, the regulations are as follows:
Conditions for entitlement to allowance
Teachers specified in Article 2 of this Decree are entitled to the allowance policies when they meet the following conditions:
1. Directly teaching, educating, practicing guidance, and participating in social insurance for 5 years (full 60 months) or more;
2. Retiring within the period from January 01, 1994, to May 31, 2011.
3. Currently receiving a pension as of January 01, 2012. In cases where the pension is temporarily suspended according to the provisions of the Social Insurance Law, the allowance will be provided once the pension is resumed.
Thus, according to the above regulations, the conditions for entitlement to allowance for retired teachers who have not received the seniority allowance are as follows:
- Directly teaching, educating, practicing guidance, and participating in social insurance for a full 60 months or more;- Retiring within the period from January 01, 1994, to May 31, 2011;- Currently receiving a pension as of January 01, 2012.
Retired teachers who have not received seniority allowance are entitled to a one-time allowance of how much?
What are the documents required for the one-time allowance for teachers who have not received the allowance?
Based on Article 5 Decree 14/2020/ND-CP, the regulations are as follows:
Documents for resolving allowance policies
1. For teachers currently receiving a pension: Declaration of request for allowance attached to this Decree (Form No. 01).
2. For teachers eligible for allowance but have not settled the policies and have died from January 01, 2012, onwards, the documents include:
a) Declaration of request for allowance by relatives, attached to this Decree (Form No. 02).
b) Photocopy of the Death Certificate or Death Notice or Court Decision declaring death (bring the original for comparison).
c) Power of Attorney as prescribed in Clause 2, Article 4 of this Decree (Form No. 03); in case of only one relative, this Power of Attorney is not required.
The documents required for resolving the one-time allowance policies for teachers eligible for the allowance, not having settled policies, and having died from January 01, 2012, onwards, include:
- Declaration of request for allowance for teachers currently receiving a pension;- Declaration of request for allowance by relatives;- Photocopy of the Death Certificate or Death Notice or Court Decision declaring death (bring the original for comparison);- Power of Attorney. In case of only one relative, this Power of Attorney is not required.
How much is the one-time allowance for retired teachers who have not received the seniority allowance?
Based on Article 4 Decree 14/2020/ND-CP, the regulations on the allowance amount for retired teachers who have not received seniority allowance in salary are as follows:
Allowance amount
1. The one-time allowance amount in cash is calculated as follows:
Allowance amount = (monthly pension x 10%) x number of years eligible for allowance
In which:
a) Monthly pension is the pension amount of the month at the time this Decree takes effect;
b) Number of years eligible for allowance is the total time directly teaching, educating, and guiding practice in educational institutions, the time teaching at classes organized at youth volunteer units, if not continuous, shall be accumulated, excluding the time receiving seniority allowance of the armed forces and seniority allowance of other sectors (if any) in the pension.
Additional months from 3 to 6 months are rounded up to half a year; from above 6 months to under 12 months are rounded up to 1 year.
2. In cases where teachers eligible for allowance under the provisions of this Decree have not settled policies and have died from January 01, 2012, onwards, the authorized representative of the deceased's relatives (including: wife, husband, biological father, biological mother, adoptive father, children of the deceased) shall prepare the documentation and receive the allowance policies as prescribed. The authorized representative of the deceased teacher's relatives is responsible before the law for the documentation and the received allowance amount.
The one-time allowance amount for retired teachers who have not received the seniority allowance is calculated as follows:
Allowance = (Monthly pension x 10%) x number of years eligible for allowance
In which:
- Monthly pension is the pension amount of the month at the time Decree 14/2020/ND-CP takes effect;- Number of years eligible for allowance is the total time directly teaching, educating, and guiding practice in educational institutions, the time teaching at classes organized at youth volunteer units.
+ If not continuous, it shall be accumulated, excluding the time receiving seniority allowance of the armed forces and seniority allowance of other sectors (if any) in the pension.+ Additional months from 3 to 6 months are rounded up to half a year; from above 6 months to under 12 months are rounded up to 1 year.
LawNet