Can a pension be inherited? Can a pension be inherited?

The situation of the pension you are talking about depends on the type of pension. If an employee dies in the line of duty, the employer pays it to the immediate family members of the deceased according to certain standards, which is a death pension, which cannot be inherited by the heirs as the estate of the deceased. Disability pensions are inheritable.

OK. Employees who have one of the following circumstances may apply for withdrawing the entire balance of the housing provident fund account and cancel the personal housing provident fund account:

retired, retired;

Agricultural household registration workers are at least 60 years old for men and 55 years old for women;

Those who have settled abroad, Hong Kong, Macao or Taiwan;

Completely incapacitated, mostly incapacitated or severely disabled (first or second degree disability), and the employment relationship is terminated or terminated by the employer;

Receiving unemployment insurance money;

Employees who have been sentenced to a criminal penalty, whose household registration has moved out of the city, or who are not registered in the city, have dissolved or terminated the labor relationship with their employer;

The housing provident fund account has been transferred to the centralized sealed account for two years or the labor relationship with the original unit has been terminated for two years;

Those who work outside the administrative area of the city and establish and deposit the housing provident fund locally.

The pension is a subsidy for the employees of the enterprise to support the living difficulties of their immediate family members after the death of an employee due to work-related injury, illness or non-work-related reasons, which is exclusive to the pensioner, not an inheritance, and has no right to inheritance. The deceased's other estates can be inherited.

The legal basis is the Inheritance Law of the People's Republic of China

Article 3 Inheritance is the personal lawful property left by a citizen when he or she dies, including:

a) the income of citizens;

2) Citizens' houses, savings and daily necessities;

3) Citizens' forests, livestock, and poultry;

4) Citizens' cultural relics, library materials;

5) the means of production that are permitted by law to be owned by citizens;

6) Property rights in citizens' copyrights and patent rights;

7) Other lawful property of citizens.

Article 4: The personal income due to an individual from contracting shall be inherited in accordance with the provisions of this Law. Where an individual contract is allowed to be continued by an heir in accordance with the law, it shall be handled in accordance with the contract.

The death "pension" cannot be inherited. The estate includes: the income of the citizen; Citizens' houses, savings and household goods; citizens' forests, livestock, and poultry; citizens' cultural relics, library materials; Wait a minute.

1. The pension and living allowance paid to the family of the deceased are not economic compensation for the deceased, but the material help and spiritual comfort given to the family by the relevant units. From the date of its issuance, the pension becomes the personal property of the family and cannot be inherited as the estate of the deceased.

Legal analysis: The pension cannot be inherited by the beam, and the pension is the comfort and economic compensation of the state for special personnel in accordance with relevant regulations, and does not belong to the personal property left by the citizen when he dies, so it cannot be inherited.

Legal basis: Article 1122 of the Civil Code of the People's Republic of China An estate is the legal property of an individual left behind when a person dies in a natural rolling chain.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

The pension cannot be inherited, and the pension is not paid to the deceased, but to the family of the deceased, and cannot be inherited by the heirs as the estate of the deceased. If the property belongs to the personal lawful private property of the heirs of the deceased child, the heirs may inherit it.

[Legal basis].Article 1127 of the Civil Code.

The estate is inherited in the following order:

1) First order: spouse, children, parents;

2) Second order: brothers and sisters, 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.

"Brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

In the event of the death of a person, the pension cannot be inherited. According to the relevant laws and regulations, the death pension refers to the relevant expenses enjoyed by the deceased's family in accordance with the law, which has a strong personal dependence and does not belong to the scope of the decedent's estate, so the death pension cannot be inherited.

[Legal basis].Article 1122 of the Civil Code of the People's Republic of China provides that an estate is the personal lawful property left behind by a natural person upon his death.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 1141.

The will should reserve the necessary share of the estate for the heirs who lack the ability to work and do not have a living.

Article 1153.

Unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall be divided into the spouse's property, and the rest shall be the inheritance of the decedent.

Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

Legal analysis: The pension is a kind of compensation fee issued by the state to the family of the deceased according to regulations, and is a comfort and relief for the family of the deceased, and is not the personal property of the deceased, and cannot be inherited as an inheritance or divided equally. The recovery of the pension is a claim for civil rights, and the effect of the lawsuit is three years.

Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the rights have been damaged and that the obligor of the old age has been compromised. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

The bereavement pension is a kind of compensation paid by the state to the family of the deceased in accordance with the regulations, and is a comfort and relief for the family of the deceased, and is not the personal property of the deceased, and cannot be inherited as an inheritance or divided equally. The recovery of pensions is a claim for civil rights, and the statute of limitations is three years.

Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.

Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and if there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the application of the rights holder.

The pension cannot be inherited, because the pension is the property loss paid by the compensation obligor to the victim's close relatives or legal heirs after the death of the victim, and the inheritance is the legal property belonging to the citizen that existed before the death of the citizen, that is, the pension does not exist before the death of the citizen, and it does not belong to the scope of the inheritance stipulated by our country, so the pension cannot be inherited.

Legal basis] Article 1122 of the Civil Code.

An estate is a personal legal property left behind by a natural person upon his or her death. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited by a pure person.

Article 1123.

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.