Determining retirement age for party members
When considering the age conditions for receiving pension according to Article 54 of the Law on Social Insurance, the age of the cadre is determined based on the date of birth in the party member's personal record (original record).
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| Illustration. Photo TT |
Mr. Bui Ngoc Chung (Thai Binh) works at a single-member LLC with 100% state-owned charter capital and managed by the Provincial People's Committee. His company has Mr. Phan Van A, Deputy Head of Department (long-term labor contract), a party member. Mr. A's personnel file, social insurance book, ID card and some other documents have a date of birth of June 20, 1959. Party member's profile and biography have a date of birth of June 20, 1958.
Mr. Chung asked, is Mr. Phan Van A subject to implementation according to Instruction No. 1901-CV/BTCTW dated December 5, 2016 of the Central Organizing Committee "instructions for implementing Conclusion No. 13 of the Secretariat on determining the age of party members"? In Mr. Phan Van A's case, how should we implement it to ensure the social insurance regime and policies for employees and according to the regulations for party members?
Regarding this issue, according to the guidance in Official Dispatch No. 5144/LĐTBXH-BHXH dated December 7, 2017 of the Ministry of Labor, War Invalids and Social Affairs on the implementation of the retirement regime for retirees according to the Conclusion of the Secretariat in Notice No. 13-TB/TW, when considering the age conditions for receiving pensions according to Article 54 of the Law on Social Insurance, the date of birth in the party member's personal record (original record) is used to determine the age of the cadre.
The time to receive pension is implemented according to the provisions of Clause 1, Article 59 of the Law on Social Insurance (the time stated in the decision to quit work made by the employer when the employee has met the conditions to receive pension according to the provisions of law).
In case Mr. Phan Van A is a party member, the retirement regime will be implemented according to the instructions in Official Dispatch No. 5144/LĐTBXH-BHXH mentioned above. Specifically, if Mr. A has paid social insurance for 20 years and the unit has a decision to let him retire from July 1, 2018 onwards, the Social Insurance agency will resolve his pension benefits according to regulations.
Workers can receive pension after 15 years of work.
(Baonghean.vn) - Employees who have paid social insurance for 15 years will receive a pension if they retire (currently 20 years).
