Receiving pensions incorrectly, in which cases must money be returned?
Reader duongmyxxx@gmail. com asks: If a pensioner is determined to receive social insurance benefits not in accordance with regulations, in which cases must the money be refunded?
Legal Consulting Department of Lao Dong Newspaper answers:
According to point b, clause 2, Article 11, Law on Social Insurance 2024, people enjoying social insurance benefits are responsible for repaying social insurance benefits when there is a decision from a competent authority determining that the benefit is not in accordance with regulations.
Thus, not all cases where social insurance agencies pay incorrectly are automatically forced by beneficiaries to repay money. Repayment must have a decision from a competent authority determining that the amount of money received is not in accordance with regulations.
Regarding pensions, point c, clause 2, Article 75, Law on Social Insurance 2024 stipulates the termination of enjoying pensions and monthly social insurance allowances when there is a conclusion from a competent authority about enjoying social insurance not in accordance with regulations.
Another case is that a pension beneficiary has died but the money is still transferred after the end of the benefit period. According to point a, clause 2, Article 75 of the 2024 Law on Social Insurance, the pension benefit ends when the beneficiary dies or is declared dead by the Court. Therefore, the money paid after this time, if it is determined to be received incorrectly, may be recovered.
Thus, pensioners only have to return the amount determined to be enjoyed improperly when there is a decision from a competent authority.
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