Death of retired employees, post death treatment of corporate retirees

Legal analysis: The death benefits of retirees in enterprises generally have the following benefits:

1) Funeral allowance and one-time relief allowance for immediate family members.

It is paid in a lump sum according to the average social wage of 3 months and 10 months in the previous year in the city.

2) Relief expenses for supporting immediate family members. Each person will be paid monthly according to the sum of the local living hardship allowance standard and the price subsidy.

3) Where an immediate family member is alone, the monthly subsistence allowance he or she receives. It shall be paid according to the subsidy standard of 200 for the living difficulties of the employees of local urban enterprises.

Legal basis: Stirring up the "Regulations on Work-related Injury Insurance" Article 39 If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies 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 living expenses 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 supporting relatives shall be stipulated 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.

Legal analysis: When an employee dies due to illness or non-work-related injury, dies after retirement or dies after retirement, or dies after retirement due to complete loss of labor force due to non-work-related disability, funeral subsidies and relief expenses for supporting immediate family members will be paid. The funeral subsidy standard is 2 months' average salary of enterprise employees; The standard of relief expenses for supporting immediate family members is:

if one person is supported, the deceased's own salary shall be 6 months' salary; If 2 people are supported in Jiaochang, the deceased's salary shall be 9 months' salary; If three or more persons are supported, the deceased's own salary shall be 12 months' salary.

Legal basis: Article 17 of the Social Insurance Law of the People's Republic of China If an individual who participates 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 capital is paid early from the basic endowment insurance.

First of all, it depends on the specific regulations of the delay in your area, if the regulations are that all people must be cremated after death, but you will not receive funeral expenses and pensions in this case! If there is no clear provision in the local government that a retiree from an enterprise must be cremated after his death, then go to the place where he received social security before his death with a death certificate, and the certificate is issued by the village committee, and some fees are collected in the unit, and some fees are collected in the neighborhood committee! The specific standard is usually 2,000 yuan for funeral expenses and 20 months' salary!

Slightly different from place to place!

Article 14 of the Social Insurance Law of the People's Republic of China stipulates that personal accounts shall not be withdrawn in advance, and the interest rate on bookkeeping shall not be lower than the interest rate on bank fixed deposits, and interest tax shall be exempted. In the event of the death of an individual, the balance of the account of the person who destroyed the shed can be inherited. Article 17 of the Social Insurance Law of the People's Republic of China provides that if an individual who participates in the basic endowment insurance dies due to illness or non-work-related reasons, his or her widow 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**.

Analysis of the law: 1. The funeral expenses and pension standards of retirees in various places are different, but generally speaking, the funeral expenses are paid in a fixed amount, and the pension is calculated comprehensively according to the pension standard of the month of the party's death and the number of months of pension calculation and payment stipulated by the local regulations. The specific standards can be directly consulted with the local social security agency, or you can call 12333** during working hours.

2. The application process for personal account balance, funeral expenses, and pension is as follows:

1. After the death of the party, the family members (heirs) should submit the death certificate or cremation certificate of the party, the application form for funeral expenses and other materials in a timely manner (generally the materials are submitted to the original unit of the party and handled by them on their behalf);

2. After the social security review, the legal heirs shall inherit the balance of their pension insurance personal accounts in accordance with the regulations, and the social security institutions shall calculate the specific amount of pension and funeral expenses according to local regulations if they meet the conditions;

3. After the approval of the social security institution is completed, the relevant amount will be transferred to the original unit of the party, and the original unit will notify the heir to receive the social security payment amount after receiving it.

Legal basis: "Judicial Interpretation of the People's Republic of China on Compensation for Personal Injuries" 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.

When a retired employee of a unit dies, he or she should go to the office window of the local social security bureau to go through the relevant procedures such as receiving funeral expenses to deal with the funeral affairs of the deceased. After the death of a retired or retired employee who has not met the conditions for receiving a basic pension on a monthly basis and who has not met the conditions for receiving a basic pension on a monthly basis, regardless of whether he or she has immediate family members, he or she will be given a one-time pension.

[Legal basis].Article 14 of the Labor Insurance Regulations.

In the event of the death of a worker or employee due to illness or non-work-related injury, the funeral subsidy shall be paid under the labor insurance**, the amount of which shall be the average salary of all workers and employees of the enterprise for two months; In addition, under the labor insurance**, according to the number of the immediate family members supported by the deceased, the amount of which is the salary of the deceased himself for six months to twelve months.

Posthumous benefits for retired employees are:

1) Funeral subsidies and one-time relief expenses for immediate family members shall be paid in a lump sum according to the average social wage of 3 months and 6 months in the previous year;

2) The relief allowance for supporting immediate family members shall be paid to each person per month according to the sum of the local living hardship subsidy standard and the price subsidy.

1. What is the standard for the payment of funeral subsidies?

The funeral subsidy payment criteria are as follows:

1. The funeral subsidy and the one-time relief fee for immediate family members shall be paid in a lump sum according to the average social wage of 3 months and 10 months in the previous year in the city;

2. The relief allowance for supporting immediate family members shall be paid to each person every month according to the sum of the local living hardship subsidy standard and the price subsidy;

3. For those who support their immediate family members alone, the monthly living allowance received by them shall be paid at 200% of the subsidy standard for the living difficulties of the employees of local urban enterprises.

2. Is sudden illness death on the way to and from work considered a work-related injury?

Sudden illness and death on the way to and from work is considered a work-related injury. Treatment of work-related death: 1. The monthly pension for dependent relatives is as follows: the spouse shall be paid 40% of the average monthly salary of the employees in the city in the previous year, 30% per month for each other dependent relatives, and 50% per month for each elderly or orphan until the conditions for support are lost, and the total amount of pension shall not exceed the average monthly salary of the employees in the city in the previous year; 2. One-time work-related death subsidy, the standard is 48 months of the average monthly wage of employees in the city in the previous year; 3. The funeral subsidy standard is 6 months' average monthly salary in the previous year in the city; 4. If a person dies during the period of enjoying the disability pension for work-related disability of grade 1-4, the standard of work-related death subsidy shall be 24 months of the average monthly wage of employees in the city in the previous year.

3. What should the unit do when an employee dies due to illness.

After the retirement of the former employees of the company or enterprise, if the first Chiguo dies due to illness or accident, in accordance with the provisions of the state, he can receive funeral expenses with relevant documents and go through a reasonable process to deal with the funeral affairs of the deceased. Treatment of retirees who die due to illness or non-work-related reasons: 1. Relief expenses for supporting immediate family members, which shall be paid to each person every month according to the sum of the local living hardship subsidy standard and price subsidy.

2. The funeral subsidy and the one-time relief fee for immediate family members shall be paid in a lump sum according to the average social wage of 3 months and 10 months in the previous year in the city.

Article 14 of the Social Insurance Law.

Personal accounts are not allowed to be withdrawn in advance, and the interest rate on accounting 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 can 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**.

1. Death allowance for retirees refers to the expenses paid by state organs, enterprises, institutions and collective economic organizations to the family members of the deceased or disabled employees. When a worker or employee is determined to be disabled due to work-related injury, and is completely unable to work after retirement, and needs assistance in food and daily life, a work-related disability allowance will be paid until the time of death. If a person is completely incapacitated and unable to work and retires, and does not need assistance in food and daily life, he or she shall be paid a disability allowance due to work until he or she recovers from labor or dies.

In the event of the death of a worker or employee due to work, a monthly allowance shall be paid to the immediate family member according to the number of immediate family members supported by the worker until the dependent loses the condition for support. China also stipulates subsidies for revolutionary disabled servicemen, subsidies for the sacrifice and death of revolutionary soldiers, and pensions for state workers and deaths. 2 Latest subsidy payment standards.

1) Refer to the standards and calculation and payment methods for the one-time death pension of staff and retirees of public institutions managed by the Civil Servants Law, and implement the provisions of the Notice of the Ministry of Civil Affairs, the Ministry of Personnel, and the Ministry of Finance on the Measures for the Payment of One-time Death Pensions for Employees of State Organs and Retirees (Min Fa No. 200764).

2) In accordance with the provisions of the Ministry of Labor and Social Security, the Ministry of Personnel, the Ministry of Civil Affairs, and the Ministry of Finance's "Notice on Issues Related to Work-related Injuries of Staff of Non-Governmental Non-Profit Organizations in Public Institutions" (No. 200536 issued by the Ministry of Labor and Social Security), if the staff of public institutions participating in the overall regional work-related injury insurance die in the line of duty, the standard of one-time work-related death subsidy shall be implemented in accordance with the local work-related injury insurance regulations.

3) If the staff and retirees of the basic pension insurance institutions who have participated in the basic pension insurance for employees of enterprises die of illness, the one-time bereavement pension shall still be implemented in accordance with local regulations.

4) In addition to the above-mentioned circumstances, the standard of one-time pension for the death of staff and retirees of public institutions shall be adjusted from October 1, 2004 to: the basic salary or basic retirement allowance for the first 40 months of the person's life for the sacrifice in the line of duty, and the basic salary or basic retirement allowance for the first 20 months of the person's life for the death of illness. The compassionate treatment of martyrs shall be carried out in accordance with the relevant provisions of the state.

The expenses required for the issuance of one-time death pensions for the staff of public institutions and retirees shall be settled through the original channels.

1. A one-time pension for work-related death is 20 months' basic salary.

2. A one-time pension for the death of illness and 10 months' basic salary.

3. Standard bridge fluid for funeral expenses: 4,000 yuan due to illness and 5,000 yuan for work (public).

4. The standard of subsidy for the living difficulties of the surviving family members: 210 yuan per month for one person and 190 yuan for two or more people in non-rural households, 170 yuan per month for one person in agricultural household registration, and 150 yuan per month for each person with more than two people. In general, the standard of payment of retiree death benefit is already very generous for individuals, and there are standards for different occupations.