Pension benefits for employees at enterprises who have not paid enough social insurance

1. Employers have not paid enough social insurance
Pursuant to Section I of Official Dispatch 1880/BHXH-CSXH dated June 21, 2023, employers that have not paid enough commune insurance include:

– The unit is going through bankruptcy procedures.

– The unit has had a bankruptcy decision from the Court.

– The unit is no longer doing business at the registered address.

– The unit does not have a legal representative.

Pursuant to Point 2.1, Clause 2, Article 2 of Decision 595/QD-BHXH dated April 14, 2017 (amended and supplemented by Clause 1, Article 1 of Decision 505/QD-BHXH dated March 27, 2020), unit is the common name for agencies, units, enterprises, organizations that employ labor and manage subjects participating in compulsory social insurance and medical insurance. health insurance, unemployment insurance, labor accident insurance, occupational disease insurance.

2. Retirement regime for employees at enterprises who have not paid enough social insurance in 2024
Pursuant to Clause 2, Section III of Official Dispatch 1880/BHXH-CSXH dated June 21, 2023, the social insurance agency shall resolve pension benefits for the following cases:

2.1. Employees are eligible for pension
(i) Employees who are eligible for pension age and have actually paid social insurance for 20 years or more (excluding the period of unpaid social insurance) will be entitled to pension according to the provisions of the policy at the time of eligibility for pension.

When the unpaid social insurance amount is compensated by the unit or other financial source, the additional period of social insurance payment (if any) shall be calculated to adjust the benefit level according to the provisions of the policy at the time of previously settled pension benefits and pay additional difference in benefit level to the employee from the time of benefit.

2.2. Employees are eligible for pension age but have not had enough time to pay social insurance
Employees who are eligible for pension age and have actually paid social insurance from 10 years to less than 20 years (excluding the period of time for which social insurance has not been paid), and the employee wishes to pay voluntary social insurance one time for the remaining years to qualify for monthly pension. The time to receive pension is implemented according to the provisions of Clause 2, Article 5 of Circular 01/2016/TT-BLDTBXH.

When the unpaid social insurance amount is compensated by the unit or other financial source, calculate the additional time of social insurance payment (if any) to adjust the benefit level according to the provisions of the policy at the time of previously settled pension benefits and pay the difference in benefit level to the employee from the time of benefit (the amount of money the employee has paid for voluntary social insurance will not be refunded to be consistent with the instructions in the Official Dispatch). 276/LDTBXH-BHXH dated February 6, 2023 of the Ministry of Labor, War Invalids and Social Affairs).