Contributing opinions to the draft Law amending and supplementing a number of articles of the Law on Social Insurance, Quang Tri Provincial People's Committee has proposed a monthly allowance regime for people who are old enough to retire but do not yet meet the conditions to receive a pension.
According to the provisions of Article 23 of the 2024 Law on Social Insurance, employees who reach retirement age but are not eligible for pension and are not eligible for social pension benefits are entitled to monthly allowances if requested.
However, through the implementation process, problems arise for cases where employees have participated in social insurance before 2007 and the salary used as a basis for social insurance contributions includes regional allowances.
Currently, for cases of receiving one-time social insurance benefits, employees are still entitled to a one-time regional allowance according to regulations; meanwhile, the case of choosing to preserve the social insurance contribution period to receive monthly allowances according to Article 23 of the 2024 Law on Social Insurance has not been considered for settlement of this allowance.
This leads to a lack of synchronization in policies, not really ensuring the principle of contribution - benefit and may affect the psychology of choice of workers, reducing the attractiveness of the policy of preserving social insurance participation time to receive monthly allowances instead of receiving one-time social insurance benefits.
To ensure the legitimate rights of social insurance participants, and at the same time encourage employees to continue to preserve their social insurance participation time, limiting the situation of enjoying one-time social insurance benefits, this locality proposes to study and supplement regulations for monthly allowance recipients according to Article 23 of the 2024 Social Insurance Law to enjoy one-time regional allowances for the period of social insurance participation before 2007, including regional allowances.
Responding to this proposal, the Ministry of Home Affairs proposed to maintain the provisions of Article 23 of the Law on Social Insurance No. 41/2024/QH15.
The Ministry of Home Affairs explained that Article 23 stipulates general principles on regimes for employees who do not meet the conditions to receive pensions and do not meet the conditions to receive social pension benefits, and at the same time assigned the Government to detail this Article.
The Ministry of Home Affairs also recorded the opinions of the Quang Tri Provincial People's Committee for research in the process of drafting the guiding Decree.
