How to Receive Pension Benefits When the Employee Does Not Meet the Eligibility Requirements?

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1. Case of employees being eligible for retirement age but not having enough years of Social Insurance contributions

According to the provisions of Clause 2, Article 9 of Decree 134/2015/ND-CP and Article 8 of Circular 01/2016/TT-BLDTBXH, in this case, if the employee wants to receive a pension, they need to make a one-time voluntary social insurance contribution for the remaining years, but not exceeding 10 years.

In the case where the employee has reached the retirement age but the time of Social Insurance contributions is still missing by more than 10 years, if they wish, they can continue to make voluntary social insurance contributions until the time of contributions is missing by no more than 10 years according to one of the following methods:

- Monthly contributions;- Contributions every 03 months;- Contributions every 06 months;- Contributions every 12 months;- Or one-time contributions for several future years but not exceeding 5 years in one time.

After that, make a one-time contribution for the remaining years (not exceeding 10 years) to be eligible for pension.

2. Case of employees having enough years of Social Insurance contributions but not reaching the retirement age

In this case, if the employee does not want to receive a one-time Social Insurance payment, they can reserve the Social Insurance contribution period until they reach the retirement age and complete the procedure as prescribed to receive a pension.

For cases where the Social Insurance has been reserved but the employee returns to work and has not yet reached the retirement age (subject to compulsory Social Insurance contributions), the subsequent working period with Social Insurance contributions will be added to the previously reserved Social Insurance participation period to calculate Social Insurance policies.

3. Case of employees neither reaching the retirement age nor having enough years of Social Insurance contributions

In this case, to be eligible for a pension, the employee needs to reserve the Social Insurance contribution period as per the provisions of Article 61 of the Law on Social Insurance 2014 and also make voluntary social insurance contributions to reach a total of 20 years of Social Insurance contributions as per Clause 2, Article 9 of Decree 134/2015/ND-CP.

- Nguyen Trinh -

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