This is a question from Mr. Nguyen Cuong with the email address: nguyen****@gmail.com, sent to the mailbox of Thu Ky Luat requesting clarification. Additionally, Mr. Cuong would like to know how employees diagnosed with cancer are entitled to social insurance (BHXH) policies.
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Regarding Mr. Cuong's case, the Editorial Board of THU KY LUAT would like to respond as follows:
First: Can employees with cancer retire before the statutory retirement age?
According to Clause 1, Article 54 of the Social Insurance Law 2014, when male employees reach 60 years old, and female employees reach 55 years old, having contributed to social insurance for 20 years or more, they are eligible for a pension.
However, if employees are diagnosed with cancer and meet the conditions stipulated in Article 55 of the Social Insurance Law 2014, they may retire before the statutory retirement age, specifically:
1. Employees specified in Points a, b, c, d, g, h, and i Clause 1, Article 2 of this Law who have contributed to social insurance for 20 years or more are entitled to a pension with a lower rate than those eligible under Points a and b, Clause 1, Article 54 of this Law if they fall into one of the following cases:
a) From January 1, 2016, males being 51 years old, females being 46 years old, and experiencing a 61% or more reduction in labor capacity are eligible for early retirement. Each subsequent year, the age increases by one until 2020, when males reach 55 years old and females reach 50 years old, they become eligible for early retirement with a 61% or more reduction in labor capacity;
b) Males being 50 years old, females being 45 years old, and experiencing an 81% or more reduction in labor capacity;
c) Experiencing a 61% or more reduction in labor capacity and having worked for 15 years or more in especially arduous, hazardous, or dangerous jobs as listed by the Ministry of Labor - Invalids and Social Affairs and the Ministry of Health.
Employees diagnosed with cancer can retire before the statutory age provided they meet the conditions under Article 55 of the Social Insurance Law 2014, and must also undergo a health assessment to obtain a medical evaluation report from the Medical Assessment Council regarding their reduced labor capacity.
Second: How do employees diagnosed with cancer receive social insurance benefits?
According to Article 60 of the Social Insurance Law 2014, cases eligible for a one-time social insurance benefit include employees diagnosed with cancer, specifically:
1. Employees specified in Clause 1, Article 2 of this Law, upon request, are eligible for a one-time social insurance benefit if they fall into one of the following cases:
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c) Those suffering from life-threatening diseases such as cancer, paralysis, cirrhosis with ascites, leprosy, severe tuberculosis, HIV infection in the AIDS stage, and other diseases as stipulated by the Ministry of Health.
Thus, for employees diagnosed with cancer who wish to retire early, they must meet the aforementioned conditions. They have two options to receive social insurance benefits: a monthly pension or a one-time social insurance benefit. Employees should consider their current health condition to choose the most advantageous policy for themselves.
THU KY LUAT provides guidance on the dossier and procedures for a one-time social insurance benefit, as follows:
The dossier includes:
- Social insurance book;- Application form for a one-time social insurance benefit by the employee;- Extract of the medical record.
Processing time:
- Within 30 days from the time the employee meets the conditions and requests a one-time social insurance benefit, to submit the dossier to the social insurance agency.
- Within 10 days from the date of receiving the complete dossier as stipulated for a one-time social insurance benefit, the social insurance agency is responsible for processing and organizing the payment to the employee. If not resolved, the agency must reply in writing and state the reasons.
Le Hai
