What is the standard of bereavement compensation for death in the line of duty in China?

Hello, I don't know what you are talking about the death in the line of duty, if it is a death caused by an accident at work, that is, death due to work, you can claim compensation in accordance with the provisions of the regulations on work-related injury insurance, which stipulates that: Article 37 If an employee dies on the job, his immediate family members 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 the average monthly wage of the employee in the overall area of the previous year; (2) The pension for dependent 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: monthly for spouse, monthly for each other relative, monthly for each widowed elderly person or orphan, on the basis of the above standard The sum of the approved pensions for each dependent relative shall not be higher than the wages of the employee who dies on the job. The specific scope of support for relatives shall be prescribed by the labor and social security administrative department; (3) The standard of one-time work-related death subsidy shall be the average monthly wage of employees in the overall area of the previous year from one month to one month.

The specific standards shall be reported to the people of provinces, autonomous regions and municipalities directly under the Central Government for the record in accordance with the provisions of the local economic and social development conditions.

According to the Notice of Min Fa 2007 No. 64 on the Measures for the Payment of One-time Bereavement Pension for the Death of State Organ Staff and Retirees: "Since October 1, 2004, in the event of the death of a staff member of a state organ or a retiree, the one-time pension shall be implemented according to 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.

The one-time pension for retired personnel of state organs shall be calculated and paid on the basis of the basic retirement allowance stipulated by the state in the last month before the person's death.

Legal Analysis:1 Lump sum bereavement benefit.

A lump sum payment is a social allowance with the nature of praise and social compensation. The scope of the one-time pension is the family members of revolutionary martyrs, servicemen who died in the line of duty and those who died of illness. The criteria for the payment of the pension are:

Revolutionary martyrs are paid 80 months' salary at the time of sacrifice; where sacrifice is made in the line of duty, it shall be calculated and paid according to 40 months' salary at the time of sacrifice; In the event of death due to illness, the salary shall be calculated and paid according to 20 months' salary at the time of death. Conscripts and their monthly salaries are lower than the salary standards of officers in the army, and their families are paid a one-time pension in accordance with the salary standards of officers in the army. After the death of a serviceman on active duty who has made meritorious service or received an honorary title, a one-time pension shall be increased according to the following proportions:

If it is awarded an honorary title by the President of the People's Republic of China or the ** Military Commission, an additional 35% will be issued; If the honorary title is awarded by the military region (front army), an additional 30% will be issued; for first-class meritorious service, an additional 25%; for second-class meritorious service, an additional 15%; For those who have made third-class meritorious service, an additional 5% will be issued. For those who have received honorary titles or meritorious services multiple times, an additional one-time pension shall be issued on the basis of the highest honorary title or the highest meritorious service level obtained. For those who have made meritorious contributions during their service but die after retiring from active service, a one-time pension will not be granted.

2. Regular bereavement benefits.

Regular bereavement pension is a state subsidy with a relief nature. Specific targets include parents, dependents, or spouses who are unable to work and have a living income, or who have a certain amount of living income but are not sufficient to maintain the living standards of the local general public; The child is under the age of 18, or has no livelihood due to study or disability despite being over the age of 18**; The younger siblings are under the age of 18 and must be supported by the military during their lifetime. In order to ensure the basic livelihood of those who are entitled to regular pensions, the regular pensions are constantly adjusted in line with the increase in prices and living standards.

For the surviving family members who meet the conditions for enjoying the regular pension, the county-level people's ** civil affairs department will issue the "Periodic Pension Receipt Certificate".

Basis for legal leniency: "Measures for Preferential Treatment of Bereavement Pensions for People's Police".

Article 14: Where people's police are assessed as martyrs in the event of a death, the bereaved family members are to be given a martyr's commendation fund in accordance with the provisions of the "Regulations on the Praise of Martyrs", and the standard is 30 times the per capita disposable income of urban residents nationwide in the previous year at the time of the martyr's death.

Article 15: In the death of a people's policeman, a one-time bereavement pension is to be paid to the surviving family members on the basis of the nature of their death and the monthly wage standards (basic salary and rank allowance) at the time of their death, and the standards are:

For martyrs and those who died in the line of duty, they shall be 20 times the per capita disposable income of urban residents in the previous year plus 40 months' salary;

In the case of death, it shall be twice the per capita disposable income of urban residents in the previous year plus 40 months' salary.

Legal analysis: In the event of the death of an active-duty serviceman, according to the nature of his death and the monthly wage standard at the time of death, the civil affairs department of the people's ** at the county level shall issue a one-time pension to his surviving family, and the standard is: for martyrs and those who died in the line of duty, it is 20 times the per capita disposable income of urban residents in the previous year plus 40 months' salary; In the case of death, it shall be twice the per capita disposable income of urban residents in the previous year plus 40 months' salary.

Where the monthly salary or allowance is lower than the salary standard for platoon second lieutenant officers, it is calculated in accordance with the salary standard for platoon second lieutenant officers. On the basis of the one-time pension that should be enjoyed by the surviving family members of martyrs who have received honorary titles or meritorious service, servicemen who have died in the line of duty, and servicemen who have died of illness in socks, the people's civil affairs department at the county level shall issue an additional one-time pension in accordance with the following proportions: (1) If they have been awarded an honorary title by the Military Commission, an additional 35% shall be issued; (2) Where an honorary title is awarded by a military region-level unit, an additional 30% will be issued; (3) For those who have made first-class meritorious service, an additional 25% will be issued; (4) For second-class meritorious service, an additional 15% will be issued; (5) For those who have made third-class meritorious service, an additional 5% will be issued.

Legal basis: According to Article 13 of the Regulations on Preferential Treatment of Military Pensions: In the event of the death of an active-duty serviceman, according to the nature of his death and the monthly salary standard at the time of death, the civil affairs department of the people's ** at the county level shall issue a one-time pension to his surviving family, and the standard is:

For martyrs and those who died in the line of duty, 20 times the per capita disposable income of urban residents nationwide in the previous year plus 40 months' wages for them; In the case of death, it shall be twice the per capita disposable income of urban residents in the previous year plus 40 months' salary. Where the monthly salary or allowance is lower than the salary standard for platoon second lieutenant officers, it is calculated in accordance with the salary standard for platoon second lieutenant officers. On the basis of the one-time pension that should be enjoyed by the martyrs who have won honorary titles or meritorious services, those who have sacrificed their lives in the line of duty, and the soldiers who have died of illness, the civil affairs department of the people's ** at the county level shall issue an additional one-time pension in accordance with the following proportions:

1) Those who have been awarded honorary titles by the ** Military Commission shall be issued an additional 35%; (2) Where an honorary title is awarded by a military region-level unit, an additional 30% will be issued; (3) For those who have made first-class meritorious service, an additional 25% will be issued; (4) For second-class meritorious service, an additional 15% will be issued; (5) For those who have made third-class meritorious service, an additional 5% will be issued. For martyrs who have won honorary titles or meritorious service many times, servicemen who have died in the line of duty, or servicemen who have died of illness, the county-level people's ** civil affairs department shall issue an additional one-time pension in accordance with the proportion of the highest level of reward.