ACDC’s Law Department advises:
Question: According to the current law, in what cases are the relatives of the social insurance participants entitled to a monthly survivor benefit when the social insurance participants die? Which relatives are entitled to monthly survivor benefits? Thank you!
Answer by ACDC’s Law Department:
1. Eligibilities for a monthly survivor benefit:
According to Clause 1, Article 67 of the 2014 Law on Social Insurance on cases eligible for monthly survivor benefits, there are 04 (four) cases including:
(1) The deceased persons have paid social insurance premiums for at least full 15 years but have not yet received a lump-sum social insurance allowance;
(2) The deceased persons are on pension;
(3) The deceased persons die of a labor accident or an occupational disease;
(4) The deceased persons are on a monthly labor accident or occupational disease allowance for their working capacity decrease of 61% or more.
2. Relatives of the deceased persons entitled to a monthly survivor benefit:
According to Clause 2, Article 67 of the 2014 Law on Social Insurance, relatives of the deceased persons who are entitled to a monthly survivor benefit include:
- Children aged under 18 years; children aged full 18 years or older who suffer a working capacity decrease of 81% or more; or children whose father died while they are in the womb;
- Wives aged full 55 years or older or husbands aged full 60 years or older; wives aged under 55 years or husbands aged under 60 years who suffer a working capacity decrease of 81% or more;
- Natural fathers, natural mothers, fathers-in-law, mothers-in-law, or other family members whom the insured are obliged to nurture in accordance with the law on marriage and family, who are full 60 years or older, for men, or full 55 years or older, for women;
- Natural fathers, natural mothers, fathers-in-law, mothers-in-law, or other family members whom the insured are obliged to nurture in accordance with the law on marriage and family, who are under 60 years old, for men, or under 55 years old, for women, and suffer a working capacity decrease of 81% or more.
Thus, the cases where the relatives of the social insurance participants are entitled to monthly survivor benefits shall comply with the above provisions.
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