What kind of allowance is there for the death of an in service national secondary school teacher?

Ministry of Civil Affairs Min Fa [2007] No. 64 Ministry of Human Affairs Document Ministry of Finance Notice on the Measures for the Payment of One-time Death Pensions for Employees of State Organs and Retirees** and the Personnel (Cadre) Departments of State Organs and Directly Affiliated Agencies, Civil Affairs Departments (Bureaus), Personnel Departments (Bureaus), Finance Departments (Bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, Civil Affairs Bureaus, Personnel Bureaus and Finance Bureaus of the Civil Affairs Bureau, Personnel Bureaus and Finance Bureaus of the Xinjiang Production and Construction Corps: October 1, 2004, ***, ** The Regulations on Preferential Treatment of Military Pensions promulgated and implemented by the Central Military Commission have raised the standard of one-time pensions; On 1 July 2006, the wage system of State institutions was reformed. In order to adapt to the adjustment and changes of relevant policies, the following notice is hereby given on issues related to the issuance of one-time death pensions for state organ staff and retirees:

1. Adjustment of the standard of one-time pension 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 in accordance with the following standards: the basic salary or basic retirement allowance for the first 80 months of the martyr's 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 for the death of an illness. The requirements for the granting of a lump-sum pension are to be met through the current channels.

2. Methods for calculating and paying one-time pensions Since July 1, 2006, the methods for calculating and paying one-time pensions for the death of staff members and retirees of state organs are as follows: (1) In the event of the death of an in-service staff member of a state organ, the one-time pension shall be calculated and paid on the basis of the basic salary of the last month before his or her death. Where:

1. For civil servants, it is the sum of the salary of his position and the salary of his grade; 2. For the skilled workers of the organs, it is the sum of the salary of the post and the salary of the technical level (position); 3. Ordinary workers of government agencies shall be paid for their own positions. (2) In the event of the death of a retiree of a state organ, the one-time pension shall be calculated and paid on the basis of the basic retirement allowance prescribed by the state in the last month before his or her death. Where:

1. The basic retirement allowance for retirees is the sum of the basic retirement allowance calculated and paid at the time of retirement and the basic retirement allowance increased in accordance with national regulations after retirement; 2. In accordance with the provisions of the "Notice on the Issuance of the Interim Measures for the Placement of Old, Weak, Sick and Disabled Cadres and the Interim Measures for the Retirement and Retirement of Workers" (Guo Fa [1978] No. 104), the retired personnel shall be their basic retirement living expenses, that is, the sum of the basic retirement living expenses calculated and paid at the time of their retirement and the basic retirement living expenses that have been increased in accordance with the provisions of the state after their retirement. (3) In the event of the death of a staff member of an embassy or consulate stationed abroad, a non-diplomatic staff stationed abroad, and a staff member of an agency in Hong Kong or Macao, a one-time bereavement pension shall be calculated and paid on the basis of the basic salary of the person in China (Mainland). After the issuance of this Circular, the Notice of the Ministry of Civil Affairs, the Ministry of Personnel and the Ministry of Finance on the Calculation and Payment of One-time Death Pensions for Employees of State Organs after the Reform of the Wage System (Min You Han [1994] No. 212) shall be repealed.

If it is determined to be a work-related injury, it can be dealt with in accordance with Article 37 of the Regulations on Work-related Injury Insurance: "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 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.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his immediate family members 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 immediate family members may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article. ”

Legal Analysis:1The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly or orphan who is alone or orphaned.

Legal basis: Social Insurance Law of the People's Republic of China

Article 2: The State shall establish social insurance systems such as basic endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance, to protect citizens' right to receive material assistance from the State and society in accordance with law in the event of old age, illness, work-related injury, unemployment, childbirth, and so forth.

Article 26 The treatment standards of basic medical insurance for employees, new rural cooperative medical care and basic medical insurance for urban residents shall be implemented in accordance with the provisions of the State.

Article 28 In line with the basic medical insurance drug list, diagnosis and treatment items, medical service facility standards and medical expenses, emergency and rescue medical expenses, in accordance with the provisions of the State from the basic medical insurance **.

The death pension of a teacher is the basic salary or basic retirement allowance for the first 20 months of the teacher's life.

1. Pension payment standards.

1. Standard of funeral expenses: The funeral expenses of in-service and retired employees of government institutions and institutions shall be implemented according to the standard of 4 months of the average monthly salary of local employees in the previous year, regardless of whether they die on duty or not due to work.

2. Bereavement pension standard pants friend: In the event of the death of in-service and retired personnel of state organs and institutions, the one-time pension shall be implemented according to the following standards: the basic salary or basic retirement allowance for the first 40 months of the person's life for 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 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. Subsidy standard for survivors: The subsidy for surviving family members with living difficulties shall be determined by a certain proportion of the average monthly salary of local employees in the previous year at the position where the deceased was located.

2. Conditions for enjoying the Fu Gong Pension.

To be eligible for a pension, two conditions must be met:

The first is the immediate family of the deceased, and the second is that these relatives mainly rely on the deceased's support during his lifetime.

These two conditions must be met at the same time, and one is indispensable.

Legal analysis: 1. Funeral subsidy. If an incumbent dies due to illness or non-work-related reasons, the funeral subsidy shall be paid according to the standard of 3 months of the average salary paid by the enterprise's endowment insurance in the month of the employee's death.

If a retired (retired) person dies due to illness or non-work-related reasons, the funeral subsidy shall be paid according to the 3-month per capita basic pension standard of the retired personnel of the enterprise in the province or municipality in the previous year.

2. Lump-sum pension. If an incumbent dies due to illness or non-work-related reasons, the one-time pension shall be paid according to the standard of 20 months of the average salary paid by the enterprise's pension insurance in the month of the employee's death; In the case of the death of a retiree due to illness or non-work-related reasons, a lump sum pension is paid at the rate of 20 months of the basic pension for the last month of his or her life.

3. Living allowance for survivors. The standard of monthly living allowance for supporting immediate family members is: the monthly living allowance standard for the surviving family members who are non-agricultural population, and the monthly living allowance standard for those whose household registration is in the municipalities and urban areas under the jurisdiction of the province is 300 yuan, and the monthly living allowance for those who are registered in the county (city) township (town) is 220 yuan; If the surviving family members are from the agricultural population, the monthly living allowance is 150 yuan.

If you are alone, an additional 20 yuan will be added to the above standard. The living allowance for the survivors shall be paid from the month following the death of the employee. After the standard of treatment for survivors is determined, it will not be changed due to changes in the place of residence of the survivors, except for the uniform adjustment standards.

When an employee has more than one survivor, the sum of the monthly living allowance for all survivors shall not exceed the employee's monthly salary or monthly basic pension before his or her death.

4. Funeral subsidies for supporting immediate family members. When an incumbent supports the death of an immediate family member, the funeral subsidy for supporting the immediate family member shall be paid according to the standard of one month's per capita salary of the enterprise's pension insurance in the current month; When a retiree supports the death of an immediate family member, the funeral subsidy for supporting the immediate family member is adjusted to the standard of one month's basic pension for the retiree in the current month.

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 funds are paid out of the basic pension insurance**.

Summary. Pro, you can receive the following two kinds of subsidies: first.

1. Funeral expenses (funeral subsidy) Funeral expenses are the expenses for the funeral after the death of the insured, and there is no unified standard for the payment of this expense. In some areas, it is a multiple of the monthly per capita disposable income of local residents in the previous year. There are also some areas that adopt the lump sum system, such as the standard of funeral expenses in Beijing, which is 5,000 yuan.

The minimum in Shandong Province is 1,000 yuan; The standard in Chongqing is 2,000 yuan, and in Shaanxi Province it is 3,500 yuan. Clause.

2. One-time pensionAccording to the Notice on the Measures for the Payment of One-time Pensions for the Death of Employees and Retirees of Public Institutions issued by the Ministry of Human Resources and Social Security, the Ministry of Civil Affairs and the Ministry of Finance, the pensions for personnel of public institutions are divided into two categories: the first is sacrifice in the line of duty: the pension is the basic salary or retirement allowance for the first 40 months of the person's life; The second is death: the pension is the basic salary or retirement allowance for the first 20 months of the person's life.

How much can the family members of in-service teachers who have taught for 40 years receive when they die?

Pro, you can receive the following two kinds of subsidies: first.

1. Funeral expenses (funeral subsidy) Funeral expenses are the expenses for the funeral of the sedan chair after the death of the insured, and there is no unified standard for the payment of this fee. In some areas, it is a multiple of the monthly per capita disposable income of local residents in the previous year. There are also some areas that adopt a lump sum system for closed tourism, such as Beijing's funeral fee standard of 5,000 yuan.

The minimum in Shandong Province is 1,000 yuan; Chongqing's standard is 2,000 yuan, and Shaanxi's is 3,500 yuan. Clause.

2. One-time pensionAccording to the Notice on the Measures for the Payment of One-time Pensions for the Death of Employees and Retirees of Public Institutions issued by the Ministry of Human Resources and Social Security, the Ministry of Civil Affairs and the Ministry of Finance, the pensions for personnel of public institutions are divided into two categories: the first is sacrifice in the line of duty: the pension is the basic salary or retirement allowance for the first 40 months of the person's life; The second is death: the pension is the basic salary or retirement allowance for the first 20 months of the person's life.

Relevant information: Teachers belong to the mu system of public institutions, so if it is a teacher who died in the line of duty, then the pension is the basic salary or retirement allowance for the first 40 months of his life. In other words, if it is an in-service teacher, it is paid 40 months' basic salary.

Retired teachers receive a 40-month pension. The surviving family members of teachers who died of illness can only receive 20 months' basic salary or retirement allowance.