Circular No. 540/TBXH guiding the calculation of retirement benefits and disability allowances for civil servants and employees on long-term assignments in Cambodia

CIRCULAR

OF THE MINISTRY OF LABOR AND SOCIAL AFFAIRS NO. 540/TBXH
DATE 26TH DAY OF NOVEMBER YEAR 1982 GUIDING THE CALCULATION OF PENSION BENEFITS
RETIREMENT, LOSS OF WORKING CAPACITY FOR EMPLOYEES
WHO HAVE LONG-TERM ASSIGNMENTS IN CAMBODIA

In Directive No. 251-CT dated September 24, 1982 of the Chairman of the Council of Ministers, there are additional points regarding policies and regulations for cadres, employees who have long-term assignments in Cambodia: "The time spent on long-term assignments in Cambodia shall be counted as 1.5 times when calculating the working period to determine eligibility for retirement, loss of working capacity, and awards."

In the implementation clause of the directive, it states:

- "This regulation shall only apply to cadres assigned long-term tasks (three years or more) in Cambodia, or cadres, employees serving long-term (three years or more) with our expert teams in Cambodia."

- "This regulation shall take effect from the date of issuance of the document."

The Ministry of Labor and Social Affairs guides the implementation of the above provisions for employees upon retirement or cessation of work due to loss of working capacity as follows:

1. From September 24, 1982, cadres, employees within the scope specified in the implementation clause of Directive No. 251-CT mentioned above, who retire or cease work due to loss of working capacity, shall have their long-term assignment periods (three years or more) in Cambodia counted as 1.5 times when determining eligibility for retirement, loss of working capacity, and calculating pension benefits, lump-sum disability benefit, and monthly disability benefit. (If there are cases where the leadership of the expert team decides to return before this deadline, they still fall under the scope of Directive No. 251-CP and must have a decision attached). Cadres, employees sent to Cambodia for specific tasks over a short period (less than three years) shall not apply the calculation method at a factor of 1.5. For example:

a) Comrade A has worked continuously for 8 years, ceased work due to loss of working capacity in August 1982, during which 4 years were assigned long-term tasks in Cambodia. According to the regulation, the 4 years of long-term work in Cambodia shall be counted as 1.5 times (i.e., 6 years). Comrade A will receive a lump-sum disability benefit and monthly disability benefit based on a total continuous working period of 10 years (not 8 years).

b) Comrade B is 55 years old and has worked continuously for 13 years and 6 months, including two long-term assignments in Cambodia: one lasting three years and another lasting two years. Thus, the three-year assignment is counted as 1.5 times (i.e., 4 years and 6 months), and Comrade B has a total of 15 years of continuous work, qualifying for retirement benefits (not disability benefits) and receiving a lump-sum benefit upon cessation of work and monthly benefits based on 15 years of continuous work (not 13 years and 6 months).

c) Comrade C has worked continuously for 22 years, including two long-term assignments in Cambodia, each lasting three years. Therefore, both assignments are counted as 1.5 times (i.e., 9 years). Hence, Comrade C has a total of 25 years of continuous work, qualifying for retirement benefits, and receiving a lump-sum benefit upon cessation of work and monthly benefits based on 25 years of continuous work.

2. The allowance under Article 8 of Decision No. 21-HĐBT dated August 8, 1981 of the Council of Ministers shall remain calculated as originally stipulated (not at 1.5 times). For example, in the case of Comrade B mentioned above, the allowance under Article 8 of Decision No. 21-HĐBT shall be calculated based on the actual years worked in Cambodia (one assignment lasting three years and another lasting two years, totaling five years, thus providing a five-month salary allowance).

3. For cadres, employees who have retired or ceased work due to loss of working capacity from September 24, 1982 onwards (the date Directive No. 251-CT was issued), if recalculating the long-term assignment period in Cambodia at 1.5 times results in an increase in the lump-sum benefit upon cessation of work (as stipulated in Decision No. 296-CP dated November 20, 1978 of the Council of Ministers) or an increase in the monthly benefit amount, the Department of Veterans and Social Affairs where the individual resides shall adjust and pay the difference. If the individual has already received the maximum lump-sum benefit or monthly benefit (i.e., without changes in the benefit amount), adjustment is unnecessary.

For military personnel, the Council of Ministers has instructed the Ministry of Defense and the Ministry of Public Security to submit supplementary proposals. Upon issuance of a decision by the Council of Ministers, the Ministry of Labor and Social Affairs will issue guidance for implementation.