On January 24, 2020, the Government issued Decree No. 14/2020 / ND-CP stipulating the allowance regime for retired teachers who have not yet received seniority allowances in the retirement pension. issued from March 15, 2020.
Decree No. 14/2020 / ND-CP, Teachers are entitled to benefits when fully meeting the following conditions:
Directly teaching, educating, guiding and participating in social insurance for 5 years (full 60 months) or more;
Retired from January 1, 1994 to May 31, 2011.
He / she is currently receiving pension as of January 1, 2012. In case of suspension of pension entitlement in accordance with the Law on Social Insurance, he / she will be entitled to the pension after receiving his pension again.
Under the provisions of Article 4 of Decree No. 14/2020 / ND-CP the allowance level is calculated as follows:
1. The lump-sum allowance level in cash is calculated as follows:
Benefit amount = (monthly pension x 10%) x number of years of pension benefit
Inside:
a) Monthly pension is the monthly pension at the time this Decree takes effect;
b) The number of years for calculation of subsidies is the total time of direct teaching, education, practical guidance in educational institutions, the time to participate in teaching in classes held at youth units. volunteering, if not continuous, shall be accrued, excluding the period of entitlement to seniority allowances of the armed forces and seniority allowances of other branches (if any) in the pension.
The odd month from 3 to 6 months is rounded up to half a year; From over 6 months to less than 12 months shall be rounded up to 1 year.
2. In cases where teachers are eligible for subsidies under this Decree and have not yet had their regimes yet settled but died from January 1, 2012 or later, authorized representatives of their relatives from The ceiling (including wife, husband, natural father, natural mother, adoptive father, natural children and adopted children of the deceased) shall make a dossier and receive a prescribed allowance regime. The authorized representative of a relative who has passed away is responsible before the law for the records and the money received.
According to the provisions of Article 5 of Decree No. 14/2020 / ND-CP, the dossiers of settlement of allowance regime include:
1. For teachers currently on pension: A pension request form is issued together with this Decree (Form No. 01).
2. For teachers who are eligible for benefits but have not yet received the benefits but have died from January 1, 2012, onwards, a dossier comprises:
a) A declaration of request for benefits of relatives, issued together with this Decree (Form No. 02).
b) A copy of the death certificate or death notice or a decision of a court declaring dead (bring the original for comparison).
c) A power of attorney as prescribed in Clause 2 Article 4 of this Decree (Form 03); In case there is only one relative, this authorization is not required.
According to Article 6 of Decree No. 14/2020 / ND-CP the time limit for settlement of regimes is:
Within 20 working days from the date the social insurance agency of the district, town or provincial city receives a complete request from the person eligible for benefits under Article 5 of the Decree This decision, the social insurance agency is responsible for settlement and payment of benefits for beneficiaries. In case of non-settlement, a written reply must clearly state the reasons therefor.