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Notice of the Social Security Bureau on the Measures for Calculating and Distributing Pensions and Funeral Expenses for Employees Who Have Participated in the Basic Pension Insurance of Government Institutions and Institutions After Their Deaths:
1. Pension: based on the basic salary (or retirement payment) of the deceased in the last month before his death, 20 months after death; 40 months after the onset of death in the line of duty; The martyr was sent for 80 months.
2. Funeral expenses: based on the average monthly salary of the staff of the city's organs and institutions in the previous year of the deceased's death, 6 times of normal death; 10 times the number of deaths and retirees due to work.
Documents to be submitted:
1) "Approval Form for One-time Death Pension and Funeral Expenses for Employees of Organs and Public Institutions" in triplicate;
2) A copy of the certificate of household registration cancellation (original copy);
3) A copy of the deceased's cremation certificate (original copy);
4) A copy of the retirement allowance payment form for retirees (original copy).
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Pay the deceased's retirement salary for 40 months and your local funeral expenses.
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A one-time subsidy for 40 months of funeral expenses for public institutions and enterprises, and 10 months of funeral expenses for enterprise retirement.
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Public institutions, including the education system and the health system, are regular school graduates, as well as technical personnel of enterprises, the state sets funeral expenses for civil servants as 40 months' salary, 20 months for public institutions, and 10 months for enterprises, which is too unreasonable.
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Legal analysis: In the event of the death of a staff member of a state organ and a retiree, the one-time pension shall be implemented in accordance with the following standards:
The martyr shall be the basic salary or basic retirement allowance for the first 80 months of his life, the basic salary or basic retirement allowance for the first 40 months of his life for the sacrifice in the line of duty, and the basic salary or basic retirement allowance for the first 20 months of his life if he dies of illness. The requirements for the granting of a lump-sum pension are to be met through the current channels.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Injuries to Persons and Persons" Article 29: Death compensation is calculated over a period of 20 years in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
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Legal analysis: If an employee of an enterprise dies due to a work-related injury, the close relatives can receive funeral allowances, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance**. The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year; The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary.
The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned. The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work.
The specific scope of support for relatives shall be prescribed by the social insurance administrative department; The standard of one-time work-related death allowance is 20 times the per capita disposable income of urban residents in the previous year.
Legal basis: Article 39 of the Regulations on Work-related Injury Insurance If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions: (1) The funeral subsidy shall be 6 months of the average monthly wage of the employee in the overall area of the previous year; (2) The pension for supporting relatives shall be paid to the relatives who provided the main livelihood and were unable to work according to a certain proportion of the employee's own salary.
The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned. The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work.
The specific scope of support for relatives shall be prescribed by the social insurance administrative department; (3) The standard of one-time work-related death subsidy shall be 20 times the per capita disposable income of urban residents in the previous year. Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article. Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.
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1. The standard for the payment of one-time pension (effective as of October 1, 2004):
1) Sacrifice in the line of duty, the basic salary or basic retirement allowance for the first 40 months of the person's life.
2) In the case of death, the basic salary or basic retirement allowance for the first 20 months of the person's life.
3) In the case of martyrs, bereavement benefits are to be implemented in accordance with relevant state provisions.
2. Measures for the calculation and payment of one-time pensions (effective as of July 1, 2006):
a) Staff. The calculation base is the basic salary of the last month before the person's life, that is, the sum of the post salary and the salary scale.
2) Accompaniment such as retirees. The calculation base is the basic retirement allowance enjoyed by the person in the last month before his death, that is, the sum of the basic retirement allowance calculated at the time of retirement and the basic retirement allowance that has been increased in accordance with national regulations after retirement.
3) Retired employees. In accordance with the provisions of the "Notice on the Issuance of the Interim Measures for the Placement of Old, Weak, Sick and Disabled Cadres and the Interim Measures for the Retirement and Retirement of Workers" (Guo Fa No. 1978 No. 104), the calculation and payment base shall be the basic retirement living expenses of the person, that is, the sum of the basic retirement living expenses calculated and paid at the time of retirement and the basic retirement living expenses increased by the state in accordance with the provisions of the state after retirement.
4) For staff of embassies and consulates stationed abroad, non-diplomatic personnel stationed abroad, and staff of public institutions in Hong Kong and Macao, the base amount of the calculation and payment shall be the basic salary of the person in China (Mainland).
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The standard of one-time pension for the death of retirees of public institutions, and the basic retirement allowance for the first 20 months of the person's life in the case of death; Funeral expenses shall be implemented according to the regulations of each province (4,000 yuan in Heilongjiang Province).
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Generally speaking, the death of career retirees due to illness is about 10 times that of ordinary workers, so it is very unfair, and the funeral expenses and pensions are also 10 times that of workers, about 70,000 or 80,000.
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It is the retiree of the unit who died of illness, and the savings fund of the three congresses is given according to the local unit standard, and there are some insurance premiums.
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The funeral expenses and pension standards for retirees of public institutions are as follows:
1. The Notice on Adjusting the Funeral Expenses Subsidy Standard for the Death of the Staff of the Municipal Organs and Institutions stipulates that from January 1, 2009, the subsidy standard for the funeral expenses after the death of the staff of the municipal organs and institutions is 3,100 yuan per person. Counties and districts may refer to the above documents to formulate local funeral expense subsidy standards.
2. The Ministry of Human Resources and Social Security, the Ministry of Civil Affairs, and the Ministry of Finance jointly issued the "Notice on the Measures for the Payment of One-time Death Pensions for Employees of Public Institutions and Retirees", which stipulates that from October 1, 2004, the standard of one-time death pensions for retirees of public institutions shall be the basic retirement allowance for the first 20 months of their lives.
Calculation method: Pension = 20 monthly salary before death.
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It is said that if a retiree dies of illness in the unit, the funeral expenses are calculated according to the standard of Fuyuan Jinanfu, so there are some existing compensation standards.
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After the death of a retiree of a public institution due to illness, the funeral expenses and pensions will be calculated according to certain standards, and the Finance Bureau will have strict standards.
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