Many readers are interested in, what is the current level of allowance for people receiving pensions who die?
Lawyer Nguyen Thu Trang, Deputy Director of Heva Law Company Limited, said that Article 88 of the Law on Social Insurance stipulates the cases of receiving a one-time death gratuity as follows:
The following subjects who die or are declared dead by the Court are considered relatives entitled to a one-time death gratuity:
People who are participating in social insurance or are preserving their social insurance contribution period.
People who are receiving or are temporarily suspending pensions; people who are receiving or are temporarily suspending monthly work accident and occupational disease allowances who have quit their jobs.
Subjects specified in Clause 1 of this Article when they die, relatives are entitled to one-time death benefits in the following cases:
Not meeting the conditions specified in point a, clause 1, Article 86 of this Law.
Belonging to one of the cases specified in Clause 1, Article 86 of this Law but no relatives receiving monthly pensions specified in Clause 2, Article 86 of this Law.
Relatives eligible for monthly survivor's allowance according to regulations but wishing to receive a one-time survivor's allowance.
In case there are no relatives, the one-time death gratuity is implemented according to the provisions of the law on inheritance.
Regarding the level of support, it is stipulated in Article 89 as follows:
The one-time survivor's allowance level for relatives of subjects participating in social insurance (not yet receiving pensions) is equal to the survivor's allowance level for each year of social insurance contribution multiplied by the number of years of social insurance contribution but not lower than 3 months of the average salary as the basis for social insurance contributions.
The average salary level used as the basis for social insurance contributions to calculate one-time survivor's allowance shall be implemented according to the provisions of Article 72 of this Law up to the time of suspension of contribution. The survivor's allowance level for each year of social insurance contribution is specified as follows:
Equal to 1.5 months of the average salary used as a basis for social insurance contributions for years of social insurance contributions before 2014.
In case the social insurance contribution period is both before and after 2014, and the contribution period before 2014 has odd months, those odd months are transferred to the social insurance contribution period from 2014 onwards.
Equal to 2 months of the average salary used as a basis for social insurance contributions for social insurance contribution years from 2014 onwards.
The one-time survivor's allowance level for relatives of people who are receiving pensions or are temporarily suspending pensions in case of death is calculated according to the time they have received pensions and is regulated as follows:
In case of death in the first 2 months, the lump-sum survivor's allowance is equal to 48 months of pension of the month being enjoyed.
In case of death from the third month onwards, for each month, the one-time survivor's allowance is reduced by 0.5 months of pension compared to the allowance level specified in point a of this clause, but not less than 3 months of pension of the month being enjoyed.
The level of lump-sum survivor's allowance for relatives of people who are receiving monthly occupational accident and disease allowances and have quit their jobs to receive one-time social insurance benefits before death is equal to 3 months of monthly occupational accident and disease allowance of the month they are receiving.
The reference level used to calculate the lump-sum survivor's allowance is the reference level in the month when the subject specified in point a, clause 1, Article 88 of this Law dies.
The Government stipulates the settlement of death benefits for cases where people who are receiving monthly occupational accident and disease allowances have not quit their jobs or still retain their social insurance contribution period and people who are receiving monthly occupational accident and disease allowances are also people who are receiving pensions.
Thus, according to current regulations, if a worker who has paid social insurance dies, their relatives will receive a one-time allowance. For people who are receiving pensions, their relatives can receive a minimum of 3 months of pension and a maximum of 48 months of pension.
