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No way. In court, the parties will be required to provide valid evidence for their claims, and if they cannot provide valid evidence, the court will not accept the parties' claims.
A bereavement pension is a fee paid to a disabled person or a family member of a deceased person. The pension is the state's consolation (including spiritual and material consolation, etc.) and economic compensation for special persons in accordance with relevant regulations.
The remainder of the pension is used after the death of the deceased and can be inherited by the legal heirs in the same way as the estate.
If the pension is used for the deceased's death, evidence needs to be presented to prove it; If it is not used, it needs to be taken out and divided by the legal heirs.
If it is not recognized in court, it needs to be proved by legal evidence, otherwise it will be invalid.
Article 63 of the Civil Procedure Law includes:
1) Statements of the parties;
2) documentary evidence; 3) physical evidence;
4) audio-visual materials;
e) electronic data;
6) witness testimony;
7) Appraisal opinions;
8) Inquest records.
Evidence must be verified to be true before it can be used as a basis for determining facts.
Article 64: Parties have the responsibility to provide evidence for their own claims.
Article 65: Parties shall promptly provide evidence for their own claims.
On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof. Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application. Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.
Article 68: Evidence shall be presented in court, and the parties are to debate each other.
Article 75:People's courts shall review and determine whether a party's statement can be used as a basis for determining facts in conjunction with other evidence in the case.
Where the parties refuse to make statements, it does not impact the people's court's determination of the facts of the case on the basis of evidence.
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The court will order a reasonable explanation, possibly with evidence, otherwise it will be deemed useless and will need to be divided.
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Legal analysis: It will not be invalid, and there is no clear statute of limitations in the law. Of course, if there is a clear requirement, it should be noted. However, it should still be handled in a timely manner.
Legal basis: "Regulations on Work-related Injury Insurance" Article 37 If an employee dies due to or in high material work, his immediate family members 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 is 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 of the employee who died on the job 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 or orphan who is lonely 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 labor and social security administrative department;
3) The standard of one-time work-related death allowance is 48 months to 60 months of the average monthly wage of employees in the overall area in the previous year. 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. Non-work-related deaths should be lower than the above standards, and the amount will vary from place to place or from unit to unit.
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Legal Analysis: No. In principle, all legal heirs must sign, and if they cannot sign, they can write a certificate of renunciation.
I learned that I always have a disability pension; The second is the death benefit.
Legal basis: "Notice of the Ministry of Human Resources and the Ministry of Social Security, the Ministry of Civil Affairs, and the Ministry of Finance on the Measures for the Payment of One-time Pension for the Death of Staff and Retirees of Public Institutions" Article 1, Paragraph 3 If the staff and retirees of public institutions who have participated in the basic pension insurance for employees of enterprises and belong to Xinsheng who have died of illness, the one-time bereavement pension treatment shall still be implemented in accordance with local regulations.
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Legal analysis: The death pension is of an inheritance nature, and the heirs of the deceased should write a complaint and file a lawsuit with the court, requesting the court to resolve the pension dispute. The bereavement pension is a compensatory expense given by the deceased's unit to the deceased's relatives in accordance with relevant regulations, and is a form of spiritual comfort and economic relief for the deceased's relatives.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims and Qi Hui's facts and reasons;
4) It is within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.
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1.Return to the State: In some places, uncollected pensions should be turned over to the State Treasury.
2.Transfer to another relative: If the relative is deceased or cannot be contacted, the pension can be transferred to another eligible relative.
3.Deposit into public welfare**: Some places have set up public welfare** to help people in need, and the uncollected pension can also be deposited into this **.
There are a few things to be aware of:
2.Comply with relevant laws and regulations during processing, and ensure information security and asset security;
3.If you have questions or need assistance, please consult your local ** department or professional body.
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Legal Analysis: If an employee of a state organ, enterprise, public institution or social organization is determined to be disabled or completely incapacitated for work due to injury in the line of duty, the relevant state organ, enterprise, public institution or social organization shall pay the disabled employee a pension until the death of the disabled employee. After the death of a disabled employee, the part that has been distributed but has not been used up and the part that should be distributed belongs to the inheritance of the disabled employee and can be inherited.
The pension is conditional and can only be enjoyed by the close relatives of the deceased. In the event that an employee or a member of the State dies in the line of duty, the State will pay a pension to the family of the deceased.
Legal basis: "Social Insurance Law of the People's Republic of China" Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.
Law of the People's Republic of China on the Protection of Retired Servicemen》 Article 56 Disabled veterans enjoy bereavement pensions in accordance with law. Disabled veterans are entitled to disability pensions according to their disability levels, and the standards shall be determined by the competent department for the work of veterans in conjunction with the financial department of the country, taking into account factors such as the level of national economic and social development, the level of consumer prices, the wage level of employees in urban units nationwide, and the financial situation of the state. The disability pension shall be issued by the county-level people's ** retired servicemen's work department.
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.
Hello! If there is a designated bereavement recipient, it shall be enjoyed by the designated bereavement recipient; If no bereavement recipient is specified, it is usually divided equally among the legal heirs.
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