Time to receive pension for employees participating in compulsory social insurance
Pensions are not immediately received when they reach retirement age. In fact, many workers participating in compulsory social insurance still have to wait.
Pension is an important benefit that employees accumulate after many years of working and participating in compulsory social insurance (SI). However, many people, even when they are old enough to retire and have paid social insurance for many years, are still confused, even misunderstanding the official time to receive pension, leading to receiving pension later than expected.
According to Article 15 of Circular 12/2025/TT-BNV guiding the Law on Social Insurance 2024, the Ministry of Home Affairs has clearly stipulated how to determine the time of pension for employees participating in compulsory social insurance.
Receive pension when retiring at the right age
For employees who quit their jobs and have met the age and social insurance payment period requirements, the pension payment time is determined from the month immediately following the month in which the employee reaches the retirement age according to regulations.
In case the employee is old enough to retire but continues to work and continues to pay compulsory social insurance, the pension will be calculated from the month immediately following the month of termination of the labor contract or termination of employment, provided that the number of years of social insurance payment is sufficient according to regulations.
In case of retirement due to reduced working capacity
For employees who retire due to reduced working capacity, if they meet the age and time of social insurance payment, the pension will be calculated from the month following the month in which the conclusion of reduced working capacity is concluded.
However, if the employee concludes a decline in working capacity before reaching retirement age, the pension payment time must still wait until the month following the month of retirement age according to regulations.
Not being able to fully determine the date and month of birth
In reality, there are cases where the employee's records only record the year of birth or only record the month and year of birth, and the full date and month of birth cannot be determined. In this case, the pension is calculated from the month following the month of retirement age according to regulations.
The determination of the age of employees in this special case is carried out according to Clause 2, Article 12 of Decree 158/2025/ND-CP.
In case of pension with a payment period of 15 to less than 20 years
The 2024 Social Insurance Law allows some cases to receive pensions when they have paid social insurance for 15 years to less than 20 years. For this group of subjects, the earliest pension payment time is calculated from the effective date of the Social Insurance Law 2024.
In case of compensation for the remaining months
For employees falling under the provisions of Clause 7, Article 33 of the Law on Social Insurance 2024, when the employee contributes the full amount for the remaining months, the pension period will be calculated from the month immediately following the month of completion of compensation.
No more original documents before 1995
For employees who do not have enough original documents proving their working time in the state sector before January 1, 1995, the pension will be based on the settlement document of the social insurance agency.
The above regulations show that pensions are not automatically paid immediately upon employee's leave. Pension benefits depend strictly on retirement age, social insurance payment period and time of termination of labor relationship.
Therefore, employees need to proactively learn about regulations, review personal records and contact the social insurance agency early to avoid falling into a situation of eligibility but still having to wait for pension, affecting their legitimate rights.
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