Accurate Calculation of the Retirement Time for Employees

depending on the specific case, the timing for enjoying retirement benefits for workers varies, specifically:

Case 1: For workers who are participating in mandatory social insurance as stipulated in Points a, b, c, d, dd, e, and i, Clause 1, Article 2 of the 2014 Social Insurance Law, the time to start receiving retirement benefits is the time noted in the termination decision made by the employer when the worker has met the legal requirements for retirement benefits.

Case 2: For workers who are participating in mandatory social insurance as stipulated in Point h, Clause 1, Article 2 of the 2014 Social Insurance Law, the time to start receiving retirement benefits is calculated from the following month when the worker is eligible for retirement and has submitted a written request to the social insurance agency.

Case 3: For workers as stipulated in Point g, Clause 1, Article 2 of the 2014 Social Insurance Law and those who are preserving their social insurance payment time, the time to start receiving retirement benefits is the time noted in the written request from the worker, who meets the requirements for retirement benefits.

Case 4: In cases where the original records are not available as stipulated in Clause 7, Article 23 of Decree 115/2015/ND-CP, the time to start receiving retirement benefits is the time noted in the settlement documentation issued by the Ministry of Labor, War Invalids and Social Affairs.

Additional guidelines in Article 18 of Circular 59/2015/TT-BLDTBXH:

- The time when the age requirement for retirement is met is the first day of the month following the birth month of the year the worker meets the age requirement for retirement. If the birth month is December, the time the age requirement is met for retirement is the first day of January of the following year.

Example: Mr. A was born on March 1, 1956, and worked under normal conditions. The time Mr. A met the age requirement for retirement was April 1, 2016.

Example: Mr. M was born on December 1, 1956, and worked under normal conditions. The time Mr. M met the age requirement for retirement was January 1, 2017.

- The time the age requirement for retirement is met in cases where the birth date and month are not determined (only the birth year is recorded) is January 1 of the following year when the worker meets the age requirement for retirement.

Example: Mrs. C worked under normal conditions, and her records only state her birth year as 1961. The time Mrs. C met the age requirement for retirement was January 1, 2017.

- The time when eligibility for retirement benefits due to reduced work capacity is met for those who satisfy the age requirement and the required social insurance payment period is the first day of the month following the month when a medical council concludes the worker's reduced work capacity.

Example: Mrs. D was born on May 10, 1965, and has 23 years of mandatory social insurance contributions. On July 5, 2016, the Medical Advisory Council concluded that Mrs. D has a 61% reduced work capacity. The time Mrs. D met the eligibility for retirement benefits due to reduced work capacity was August 1, 2016.

Duy Thinh

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