Ms. Nguyen Thi Van Anh (name changed - PV) asked: "I was born on August 19, 1970, currently a primary school teacher, have paid social insurance for 36 years. Currently, my health is not guaranteed due to herniated discs, cervical spondylosis, and knee surgery, so walking and teaching are difficult.
I expect to reach retirement age in 2027. If I retire early, will I be entitled to a pension immediately, will my benefit be reduced, and will I have to have a health assessment?
Regarding this issue, according to information from the Social Insurance agency, the consideration of conditions for enjoying early retirement pensions is determined as follows:
She has 36 years of social insurance contributions, so she is eligible for social insurance contribution time to receive a pension according to the provisions of the 2024 Social Insurance Law (from 15 years of social insurance contributions or more).
According to Clause 2, Article 169 of the 2019 Labor Code, the retirement age for female workers in normal working conditions in 2026 is 57 years old. Ms. Van Anh was born on August 19, 1970, so as of May 2026, she is only 55 years and 9 months old, not reaching the retirement age as prescribed.
However, according to point a, clause 1, Article 65 of the 2024 Law on Social Insurance, employees who retire with compulsory social insurance contributions for 20 years or more, if their working capacity is reduced by 61% or more, are entitled to retire at an early age of up to 05 years compared to the retirement age in normal working conditions.
Thus, female workers in 2026, if their working capacity is reduced by 61% or more, can retire at the age of 52.
Comparing the above regulations, to be considered for early retirement, Ms. Van Anh must undergo a medical examination to determine the rate of working capacity reduction.
In case there is a conclusion from the Medical Examination Council determining that she has a working capacity reduction of 61% or more, she will be entitled to a pension calculated from the month immediately after the month with the conclusion of working capacity reduction, without having to wait until 2027.
Regarding the benefit level, according to point a, clause 1, Article 66 of the 2024 Law on Social Insurance, female workers retiring with 15 years of social insurance contributions are calculated at 45% of the average monthly salary as the basis for social insurance contributions; then for each additional year of social insurance contributions, an additional 2% is calculated, with a maximum level of 75%.
Ms. Van Anh has 36 years of social insurance contributions, so the pension benefit level calculated according to the social insurance contribution period reaches a maximum of 75% (before the deduction due to early retirement).
However, Clause 3, Article 66 of the 2024 Law on Social Insurance stipulates that people retiring early due to reduced working capacity, each year of early retirement compared to the regulated retirement age will be reduced by 2% of the monthly pension benefit level.
In case the pre-retirement period is less than 06 months, the percentage of pension benefits is not reduced; from 06 months to less than 12 months, it is reduced by 1%.
In addition to the monthly pension, because Ms. Van Anh has had a compulsory social insurance contribution period of 36 years (30 years higher), when she retires, she will also receive a one-time allowance according to the provisions of Article 68 of the 2024 Law on Social Insurance.
