When was the pension succession policy implemented

Pension has not been inherited, in 1995 Guo Fa No. 6 stipulates that the balance of the personal account of pension insurance can be inherited, note that it is not a pension nor a pension, and there is no inheritance of pension and pension.

Common sense: pension is divided into three parts: basic pension, payment pension and personal account pension, basic pension and payment pension can not be inherited, personal account pension is divided into 139 months, if the personal account part of the pension is not received after the death of the pensioner, the remaining part can be inherited by its legal heirs, the number of years of inheritance is the number of months that have not been received.

In view of the problem that the money will be "confiscated" after the death of the insured person of the basic pension insurance system, Li Zhong said that if the insured person dies, whether he dies while on the job or when he receives the basic pension insurance benefits, the balance of the savings in his personal account can be inherited according to law.

He explained that China's basic endowment insurance is a combination of social pooling and personal accounts, in which personal accounts are established according to the amount of 8% of their own wages. The personal account is mainly used for the pension of the insured, in principle, it shall not be withdrawn in advance, and the insured person has reached the statutory retirement age and has paid for more than 15 years, and receives the basic pension on a monthly basis.

Li Zhong said that if the life of an individual is relatively long, and the amount of personal account savings is not enough to pay, the pension of the personal account will be transferred to the overall plan to ensure that the personal account pension can continue to be paid. In the event of the death of the insured person, the balance of the deposit amount in his personal account can be inherited in accordance with the provisions of laws and regulations, and "there is no so-called problem of pension confiscation after death".

Reference**.

This policy is already being implemented.

Legal Analysis: Pensions are inheritable. The balance of the personal account in the social security card of Qi Sui is OK.

If the insured person dies, the balance of his social security personal account shall be transferred to the heirs in a lump sum. Social security is paid jointly by units and individuals, in which the personal account belongs to the decedent's own estate, and in the absence of a will or bequest maintenance agreement, the heir can inherit according to law after the death of the decedent. However, after the death of the deceased, the heirs can directly withdraw the money in the financial account when Bubu knows the password.

Legal basis: Civil Code of the People's Republic of China

Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Pensions can be inherited, as follows: if a participant dies, the assets in his personal pension fund account can be inherited. If the social security card of the participant is cancelled due to the settlement abroad (territory), death or other reasons, the commercial bank shall transfer the funds in the pension fund account of the participant to the fund account designated by the participant or his heirs.

The balance of the pension in the personal account can be inherited in accordance with the law. The order of succession is in the order of bequest and maintenance agreement, bequest agreement, will, and statutory succession. If the decedent does not leave a bequest agreement, a will or a bequest and maintenance agreement for the balance of the pension, he shall inherit in the order of statutory succession.

Bring the following materials to the social security agency for formalities:

1. Employee pension insurance handbook;

2. The original and photocopy of the heir's ID card;

3. Proof of the relationship between the deceased and the heirs issued by the village neighborhood committee;

4. 2 copies of "Certificate of Inheritance Eligibility for Funeral Expenses, One-time Relief Expenses and Personal Account Amount";

5. Power of attorney for the heir to entrust the payment unit to handle the formalities.

As long as it is the legal property of the deceased, it can be inherited, and the pension is also a legal property, so it can be legally inherited.

Legal basisArticle 1123 of the Civil Code of the People's Republic of China.

After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

The pension can be inherited, and the pension can be inherited by the children, and the pension is often called the basic pension insurance. According to the laws of our country, the pension of the elderly is the property of the elderly, which can be inherited according to the will of the elderly.

Scope of inheritance of pension and inheritance method:

1. The pension includes two parts: one is the basic pension and the other is the personal account pension, of which the basic pension is paid from the overall plan, and the pension of the personal account is paid from the storage amount of the personal account. If the life of the individual is relatively long, the amount of personal account savings is not enough to pay, the pension of the personal account is transferred to the overall planning, so as to ensure that the personal account pension can continue to be paid.

According to the regulations, the balance of the pension in the personal account can be inherited according to the law.

2. If there is a legal and valid will, the inheritance of the pension shall be divided according to the will. If there is no will, the division is inherited in the manner of statutory succession.

3. The first order of legal succession is: spouse, children, parents. The second order is:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it will be inherited by the first-order heir, and the second-order heir cannot inherit. If there is no first-order heir, the second-order heir shall inherit.

Legal basisArticle 14 of the Social Insurance Law of the People's Republic of China.

In the event of the death of an individual, the balance of the personal account and the shirt can be inherited.

Article 17. If an individual who participates in the basic pension insurance dies due to illness or non-work-related reasons, his surviving family members may receive funeral subsidies and pensions.

Pension Servant Jane Hunger Inheritance Regulations:

1. In the event of the death of an individual, the balance of the personal account can be inherited;

2. If an individual who participates in the basic endowment insurance dies due to illness or non-work-related reasons, his surviving family members can receive funeral subsidies and pensions.

After the commencement of the inheritance, the executor is the administrator of the estate; If there is no executor, the heirs shall promptly elect the estate administrator; if the heirs are not elected, the heirs shall jointly serve as the administrators of the estate; Where there are no heirs or the heirs have renounced the inheritance, the civil affairs department or villagers' committee of the deceased's former domicile shall serve as the administrator of the estate.

Civil Code of the People's Republic of China

Article 1150.

After the inheritance begins, the heirs who know that the decedent has died shall promptly notify the other heirs and the executor. Where no one among the heirs knows of the decedent's death or is unable to notify the decedent's death, the residents' committee or villagers' committee of the decedent's unit or domicile before his death is responsible for notifying him. Article 1151.

The person who has the inheritance shall properly keep the inheritance, and no organization or individual may embezzle or compete for it.

Legal analysis: Pension children can inherit, pension is often said to be the basic pension insurance. For those who have received pensions for less than 10 years and have died, the balance of the individual contributions in the savings amount of their personal pension insurance account can be refunded to their legal heirs or heirs in a lump sum or if there is no designated beneficiary, and their funeral expenses shall be paid in accordance with the relevant provisions of the rural social pension insurance management agency.

Children are therefore entitled to inherit their parents' pensions in old age. The pension here is inherited by the children of the parents as their inheritance. If the deceased's immediate family members die just a few years after retirement after the completion of the pension insurance education, the immediate family members of the deceased can receive a pension of three months' average salary of the previous year, funeral expenses of three months' salary, and 8% of the deceased's personal account will be refunded to the legal heirs.

After that, regardless of whether the civil subject dies of natural causes, or dies due to illness, or is infringed by other people, the children of the deceased can be in accordance with the regulations, to the relevant departments, to submit a request for inheritance of the pension, once the balance in the account is withdrawn, then the pension insurance account will be sealed.

Legal basis: Social Insurance Law of the People's Republic of China

Article 14 Personal accounts shall not be withdrawn in advance, and the interest rate shall not be lower than the interest rate of bank fixed deposits, and interest tax shall be exempted. In the event of the death of an individual, the balance of the personal account may be inherited.

Article 17 If an individual participating in the basic endowment insurance dies due to illness or non-work-related reasons, his surviving family members may receive funeral subsidies and pensions; Those who completely lose their ability to work due to illness or non-work-related disability when they have not reached the statutory retirement age may receive sickness and disability allowance. The required funds are paid out of the basic pension insurance**.