Title: Can One Receive a One-Time Social Insurance Payment Immediately When Diagnosed with Cancer?
Clause 1, Article 60 of the Social Insurance Law 2014 stipulates that employees as defined in Clause 1, Article 2 of this Law, upon request, are entitled to a one-time social insurance benefit if they fall into one of the following cases:
- Reaching the retirement age as stipulated in Clauses 1, 2, and 4, Article 54 of this Law but have not paid social insurance for 20 years, or as stipulated in Clause 3, Article 54 of this Law but have not paid social insurance for 15 years and do not continue to participate in voluntary social insurance;
- Emigrating abroad to settle;
- Suffering from one of the life-threatening diseases such as cancer, paralysis, end-stage cirrhosis, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS, and other diseases as regulated by the Ministry of Health;
In the cases of employees stipulated at Points d and e, Clause 1, Article 2 of this Law, when discharged from duty, discharged from the army, or laid off without qualifying for a retirement pension.
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And according to Clause 4b, Article 57 of Decree 115/2020/ND-CP, resignation policies are not processed for public employees who have received a retirement notice.
Thus, in the case of an individual with cancer, they can apply for a one-time social insurance claim without having to wait for one year after termination as in normal cases.
However, since your father is a public employee who wishes to receive a one-time social insurance benefit, he must apply for resignation. But since he has already received a retirement decision, his resignation cannot be processed. Therefore, it is not possible to receive a one-time social insurance benefit in this case.
Respectfully!