Does the Gregorian teacher have a pension for the children who died and did not reach adulthood?

1. Pension payment standards.

1. Funeral expenses.

Standards: Regardless of whether the in-service or retired employees of government institutions die in the line of duty or not, the funeral expenses shall be implemented according to the standard of the average monthly salary of the local employees in the previous year for 4 months.

2. Pension standard: in-service and retired personnel of state organs and institutions.

In the case of death, the one-time pension shall be implemented according to the following standards: the basic salary for the first 40 months of the person's life shall be sacrificed in the line of duty.

or basic retirement allowance, which is the basic salary or basic retirement allowance for the first 20 months of the person's life. The requirements for the granting of a lump-sum pension are to be met through the current channels. The pension for the death of a teacher throughout the country is 20 months' salary.

3. Survivors' allowance.

Standard: The subsistence allowance for the surviving family members shall be determined by the unit where the deceased worked before his death in accordance with a certain proportion of the average monthly salary of local employees in the previous year.

2. Conditions for entitlement to a bereavement pension.

A person who is entitled to a pension must meet two conditions: first, the immediate family members of the deceased.

Second, these relatives mainly relied on the deceased's support during his lifetime. These two conditions must be met at the same time, and one is indispensable.

3. Basic characteristics of the pension.

1. The pension is a fee paid by the state to the relatives of the deceased after the death of the deceased. The state disburses such expenses for the purpose of giving preferential care and relief to the families of the deceased, especially to those minors who depend on the deceased for their livelihood and relatives who have lost the ability to work, and it reflects the material assistance provided by the state to the laborers.

2. The basic characteristics of the pension are that the pension is not taxed, the pension does not include personal income, the pension is not the living expenses of the disabled serviceman, the pension cannot be divided as the property of the husband and wife, and the pension is generally not regarded as an inheritance.

4. The standard for the payment of pensions.

1. Pension refers to state organs, enterprises and institutions, and collective economic organizations.

Payments to the family of the deceased or disabled worker. pension fee, etc.

2. The standard for the payment of pension must be stipulated by laws and regulations; It is the people's civil affairs departments at all levels who issue pensions on behalf of **, and the pensions issued by enterprises and institutions do not fall within the scope of administrative litigation; "Failure to issue in accordance with law" refers to refusal to issue or failure to issue in accordance with the prescribed object, scope, standard, amount, time limit, etc.

The standard of death pension for teachers in China is the salary of 20 months before the teacher's death, which is in accordance with the laws and regulations of the country.

If it is required, the family members who enjoy the pension also need to meet the conditions stipulated by the state in order to enjoy the pension, there are no rules, and everything will become more and more chaotic without institutional constraints, so the family members who receive the pension must abide by the requirements of national laws and regulations, and must not act selfishly.

If a teacher is a public teacher, regardless of whether he or she has children or not, he or she will receive a pension after his or her death, and if he or she has no spouse and no children, his or her immediate family member can receive the pension on his or her behalf.

Minor children have a pension.

According to the relevant provisions, children are not entitled to a bereavement pension, only the spouse is entitled to it.

Legal Analysis: If the death of a teacher is due to a work-related injury, there can be a pension. If an employee or retiree dies due to traffic accidents or other reasons, and the recipient of the employee receives compensation and civil compensation for the traffic accident, if the compensation standard is higher than the standard of treatment for death due to illness and non-work-related death, the enterprise will not pay the corresponding treatment; If the compensation standard is lower than the treatment standard for the death of objects due to illness and non-work-related death, the enterprise shall make up the difference.

Legal basis: Article 39 of the Regulations on Work-related Injury Insurance 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 work-related injury insurance** in accordance with the following provisions: (1) The funeral subsidy shall be 6 months of the average monthly wage of employees in the overall area in 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: 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.

Summary. Hello, the pension is not an inheritance and does not apply to inheritance. At present, China's laws do not clearly stipulate the distribution of death pensions, but it is generally considered that the living allowance issued by the deceased's unit to the close relatives of the deceased should belong to the common property of the close relatives, and should be distributed according to the actual situation on the basis of the principle of full relief for the relatives who mainly or most relied on the deceased during his lifetime and are currently living in difficulty; The distribution share may be determined by close relatives through mutual consultation.

Are you retired, or you are sick and gone.

Hello, the pension is not an inheritance and does not apply to inheritance. At present, China's laws do not clearly stipulate the distribution of death pensions, but Tongsun Li Ye often believes that it is the living allowance issued by the deceased's unit to the close relatives of the deceased, and it should be the common property of the close relatives, and it should be distributed according to the actual situation, based on the principle of fully relieving the relatives who were mainly or most of the money dependent on the deceased during his lifetime and are currently living in difficulty; The distribution share may be determined by close relatives through mutual consultation.

Legal analysis: Parents have a pension. Pension refers to the expenses paid by state organs, enterprises, institutions, and collective economic organizations to the families of the deceased or disabled workers.

When a worker or employee is determined to be disabled due to work-related injury, and is completely unable to work due to work, and retires, and needs assistance in food and daily life, a work-related disability pension shall be paid until death. If a person who is completely incapacitated and unable to work and retires from work, and does not need assistance in food and daily life, shall be paid a work-related disability pension 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 pension shall be paid to the immediate family members according to the number of immediate family members supported by the worker until the dependent loses the conditions for support.

China also stipulates that there are pensions for revolutionary disabled servicemen, pensions for revolutionary servicemen who have died of illness and for those who have died of illness, and pensions for state functionaries and those who have died of illness.

Legal basis: Notice on the Good Filial Piety of the Measures for the Payment of One-time Bereavement Pension for the Death of State Organ Staff and Retirees》 Article 3 If the staff and retirees who have participated in the basic pension insurance for employees of enterprises are sick and deceased, the one-time bereavement pension treatment shall still be implemented in accordance with local regulations.

Teachers belong to the staff of public institutions, and after their deaths:

2. The standard for the payment of one-time pension is: 2 times the per capita disposable income of urban residents in the previous year at the time of death plus 40 times the basic salary or basic retirement allowance of the month of death.

According to the "Notice on Issues Concerning the Issuance of Death and Funeral Subsidies and One-time Pensions for Employees and Retirees of Government Institutions and Institutions", the specific provisions are as follows:

1. Distribution standards.

1) Funeral subsidy standards.

2) Lump-sum pension standard.

1. In the event of the death of a staff member or retiree of an organ or a public institution managed with reference to the Civil Servants Law, the standard for the payment of a one-time bereavement pension is: in the case of martyrs and those who died in the line of duty, it shall be 20 times the per capita disposable income of urban residents in the previous year at the time of death and 40 times the basic salary or basic retirement allowance of the person in the month of death; In the case of death, it shall be twice the per capita disposable income of urban residents in the previous year at the time of death and 40 times the basic salary or basic retirement allowance of the person in the month of death.

2. In the event of the death of a staff member or retiree of a public institution not managed by reference to the Civil Servants Law, the standard for the payment of a one-time bereavement pension is: if he dies in the line of duty, he or she shall be 40 times the basic salary or basic retirement allowance of the month of his death; In the case of death, it shall be 20 times the basic salary or basic retirement allowance of the month in which the person dies. The bereavement benefits of martyrs shall be implemented in accordance with the relevant provisions of the State.

The death of the teacher is as follows:

1. In the first case, if a person has died of illness before retirement, the pension is paid based on the basic salary before death, and it is paid for a total of 20 months. Let's assume that a teacher's basic salary is 4,000 yuan before his death, and his family can receive a one-time pension of 4,000 * 20 = 80,000 yuan;

2. In the second case, if a retired teacher dies of illness, his pension is paid based on the retirement allowance before his death, and a total of 20 months will be paid. Let's assume that the retirement allowance of a retired teacher is 2,000 yuan, and the one-time pension that his family can receive is 2,000 * 20 = 40,000 yuan.

Legal basisArticle 46 of the Labor Contract Law of the People's Republic of China.

Severance Compensation] The employer shall pay severance to the employee under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of the Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except for the employer's argument that the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.