The Law on Social Insurance 2014 stipulates the concept of social insurance as follows: Social insurance is a guarantee to replace or offset a part of an employee’s income when they are reduced or lose income due to sickness , maternity, labor accident, occupational disease, end of working age or death, on the basis of contribution to the social insurance fund. In the framework of the following article, the lawyer would like to share about “Who is enjoy a lump-sum social insurance allowance and benefit level ”.
Firstly, about the beneficiaries of one-time social insurance:
The employee (employee) who is required is entitled to a lump-sum social insurance benefit in one of the following cases:
– Employees participating in compulsory social insurance after one year of working leave, participants of voluntary social insurance after one year of discontinuation of payment of social insurance premium but less than 20 years of payment of social insurance premium.
– Going abroad to settle down.
– Persons suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the neck, leprosy, severe tuberculosis, HIV infection, which have turned into AIDS and other diseases as prescribed by the Ministry of Health. .
– Having reached the age of pension entitlement as prescribed but not yet full 20 years of payment of social insurance premium (or less than 15 years of payment of social insurance premium for female employees who work full-time or part-time in communes, localities or towns) and discontinued continue participating in voluntary social insurance.
Secondly, about the rate of one-time social insurance benefits:
The rate of entitlement to one-time social insurance is calculated based on the number of years of payment of social insurance premium, for each year, it is calculated as follows:
– 1.5 month’s average monthly salary paid for social insurance for the years of payment before 2014;
– 02 months of average monthly salary paid for social insurance for the years of payment from 2014 onwards;
– In case the employee has the time of payment of social insurance of less than one year, the level of one-time social insurance allowance is calculated by 22% of the monthly salary paid for social insurance, the maximum level is equal to 02 months of the average monthly salary for payment of social insurance premium.
Thirdly, some notes when receiving one-time social insurance benefits:
– When calculating the lump-sum social insurance allowance in case the period of payment of social insurance premium has an odd month, from 01 to 06 months is counted as a half year, from 07 months to 11 months is calculated as a year.
– In case of prior to 01/01/2014, if the time of payment of social insurance has the odd months, those odd months will be transferred to the stage of social insurance payment from 01/01/2014 onwards.
– The rate of one-time social insurance benefits does not include the amount of money the State supports for voluntary social insurance contributions, except for cases where people are suffering from one of life-threatening diseases such as cancer, polio, cirrhosis of the neck, leprosy, severe tuberculosis, HIV infection have progressed to AIDS and other diseases as prescribed by the Ministry of Health.
phapluatdoanhnghiep.vn
