How to pay death benefits to employees working in state agencies

According to the notice of the autonomous region Xin Min Fa No. 2012 No. 10 "Notice on Issues Concerning the Payment of One-time Death Pension for Employees of State Organs and Retirees" and the Ministry of Human Resources and Social Security No. 2008 No. 42 "Notice of the Ministry of Human Resources and Social Security, the Ministry of Civil Affairs and the Ministry of Finance on the Measures for the Payment of One-time Death Pension for Staff of Public Institutions and Retirees", the standards for the payment of one-time death pensions for the staff of organs and institutions and retirees in our city are as follows:

1. The standard for the payment of one-time pension for the death of the staff of state organs and retirees:

Since August 1, 2011, in the event of the death of a staff member of a state organ or a retiree, the standard for the payment of a one-time pension is as follows: 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 the basic salary or basic retirement allowance for the first 40 months of their lives; In the case of death, it shall be twice the per capita disposable income of urban residents in the previous year plus the basic salary or basic retirement allowance for the first 40 months of the person's life.

2. The standard for the payment of one-time death pension for the staff of public institutions and retirees:

1) With reference to the standard of one-time death pension for the staff and retirees of public institutions managed by the Civil Servants Law, in accordance with the provisions of the notice of the Civil Affairs Department of the Autonomous Region on issues related to the issuance of one-time death pensions for the staff of state organs and retirees (Xin Min Fa 2012 No. 10).

2) The standard of one-time pension for the death of staff and retirees of public institutions shall be adjusted from October 1, 2004 to: the basic salary or basic retirement allowance for the first 40 months of the person's life for the sacrifice in the line of duty, and the basic retirement allowance for the first 20 months of the person's life for the death of illness. The pension benefits of martyrs shall be implemented in accordance with the relevant provisions of the State.

1. Distribution standards:

1) From August 1, 2011, in the event of the death of a staff member of a state organ or a retiree, the standard for the payment of one-time bereavement pension shall be adjusted to: for 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 plus the basic salary or basic retirement allowance for the first 40 months of their lives; In the case of death, it shall be twice the per capita disposable income of urban residents in the previous year plus the basic salary or basic retirement allowance for the first 40 months of the person's life. The requirements for the granting of a lump-sum pension continue to be met through the current channels.

2) Refer to the Civil Servants Law to manage the standards and calculation and payment of one-time death pensions for staff and retirees of public institutions, and in accordance with the provisions of the Notice of the Ministry of Civil Affairs, the Ministry of Personnel and the Ministry of Finance on the Measures for the Payment of One-time Death Pensions for Employees of State Organs and Retirees (Min Fa [2007] No. 64).

2. The above references** and more: Notice on the Measures for the Payment of One-time Death Pensions for Employees of State Organs and Retirees (Min Fa [2011] No. 192).

Legal analysis: 1. A one-time pension for work-related death is 20 months' basic salary. 2. A one-time pension for the death of illness and 10 months' basic salary.

3. Standard of funeral expenses: 4,000 yuan due to illness. 5,000 yuan for work (public).

4. The standard of subsidy for the living difficulties of the surviving family: 210 yuan per person for non-rural households. The monthly subsidy for more than two people is 190 yuan.

Agricultural household registration is 170 per person per month. RMB 150 per person per month for more than two people.

Legal basis: Measures for the Administration of Disability Pensions

Article 22: From the second month after the approval of the disability level assessment, the county-level people's ** civil affairs department that issued the disability certificate shall give a bereavement pension to the disabled person in accordance with provisions. Where the pension relationship of a disabled person is transferred, the pension for the current year shall be paid by the army or the civil affairs department of the place from which he or she has moved out, and from the second year onwards, the civil affairs department of the place of relocation shall pay it according to local standards.

Article 23 Disabled persons residing in other places in China (referring to places other than where pensions are issued) or disabled persons of Chinese nationality who have gone to Hong Kong, Macao, Taiwan to settle down or have settled abroad, after applying to the people's civil affairs department at the county level and going through the relevant formalities, may entrust others to collect the disability pension on their behalf, or may entrust the civil affairs department to mail it to the person or deposit it into the account of the financial institution designated by him, and the required expenses shall be borne by the person.

1. The standard for the payment of one-time pension (effective as of October 1, 2004):

1) Sacrifice in the line of duty, the basic salary or basic retirement allowance for the first 40 months of the person's life.

2) In the case of death, the basic salary or basic retirement allowance for the first 20 months of the person's life.

3) In the case of martyrs, bereavement benefits are to be implemented in accordance with relevant state provisions.

2. Measures for the calculation and payment of one-time pensions (effective as of July 1, 2006):

a) Staff. The calculation base is the basic salary of the last month before the person's life, that is, the sum of the post salary and the salary scale.

2) Retirees. The calculation base is the basic retirement allowance enjoyed by the person in the last month before his or her death, that 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 the provisions of the state after retirement.

3) Retired employees. 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 No. 1978 No. 104), the calculation and payment base shall be the basic retirement living expenses of the person, that is, the sum of the basic retirement living expenses calculated and paid at the time of retirement and the basic retirement living expenses increased by the state in accordance with the provisions of the state after retirement.

4) For staff of embassies and consulates stationed abroad, non-diplomatic personnel stationed abroad, and staff of public institutions in Hong Kong and Macao, the base amount of the calculation and payment shall be the basic salary of the person in China (Mainland).

If a public institution employee dies after retirement, there are different pension policies according to the cause of death, and at the same time, the balance of the personal pension insurance account, funeral expenses, occupational annuity, etc. can be received.

1. Pension standards for public institutions

There are two types of death benefits for personnel of public institutionsOne isSacrifice in the line of duty is the basic salary or basic retirement allowance for the first 40 months of the person's lifeThe second isIn the event of the death of an employee of the establishment of the institution, the pension shall be the basic salary (death on the job) or the basic retirement allowance (retirement death) for the first 20 months of his life. The on-the-job calculation base is the base salary of the last month before the person's life, that is, the sum of the post salary and the salary scale.

Precautions

Be sure to distinguish between different causes of deathBecause the difference in pensions is very large, and it is also important to note that the retirement allowance is a basic retirement allowance and not the salary amount that is paid now, and it may be necessary to deduct some non-basic retirement expenses such as the penitentiary allowance.

The funeral expenses in Nanjing should be 6,000 yuan. If the spouse does not have a regular income, they can also apply for survivors' benefits.

There are four parts to the pension: (1) 40 months' basic salary; (2) 3 months' full salary; (3) 2 times the disposable income of urban residents in the previous year; (4) Funeral expenses of 800 yuan. Borne by the Treasury.

In addition, survivors can also receive survivors' allowances. Two standards: 290 yuan per month for urban residents; 270 yuan per month for non-urban residents. This needs to be applied to the Human Resources and Social Security Bureau.

According to the relevant regulations, retirees of public institutions can get a basic pension of 20 months after death, as well as a funeral allowance and pension of 5,000 yuan, and a monthly survivor's allowance if the spouse is not working. Secondly, the balance of the personal account of endowment insurance and the balance of the personal account of occupational annuity can be inherited; If it is a public institution"Old man"That is, if you retire before October 2014, you will not have a balance in your personal account for occupational pension.

The standards for the payment of death benefits for personnel of public institutions are as follows:

1. Pension. Based on the deceased's basic salary (or retirement allowance) in the last month before his death, 20 months after death; 40 months after the onset of death in the line of duty; 80 months for martyrs;

2. Funeral expenses. According to the average monthly salary of the staff of the city's organs and institutions in the previous year of the deceased's death, the normal death will be paid 6 times; 10 times the number of deaths and retirees due to work.

The funeral expenses collection process is as follows:

1) Hukou booklet;

2) The deceased's ID card, two medical insurance certificates and one card (the card must be consumed in full, and the card will not be sent back).

2. If the deceased's file is not in the original unit, the original unit will apply for a green file adjustment certificate for the party according to the documents provided, and at the same time, one of the three receipts will be left. You can go to the archives of the labor and employment bureau (department) in your area with the green file adjustment certificate to transfer your personal files;

3. If the child handles the file adjustment, the deceased's spouse must first write a power of attorney before it can be handled, and the staff of the archives department will ask the deceased's household ID card and cremation receipt to be copied and handed over to the archives room. After calling up the deceased's file, at this time, there were still two receipts left in his hand. Keep one of them yourself, take the last receipt (cremation receipt) to the deceased's community keyskin, and ask the community director to stamp the round seal of the community on the back of the receipt.

You can take the cremation certificate of the deceased, the receipt stamped with the seal, personal file, and ID card to the special funeral office of Gaoliangheng Social Insurance Company to settle the one-time funeral subsidy;

4. The staff will check the salary data in the personal file and the data in the computer according to the provided, and after checking, four tables will be printed, the content of the table is 400 yuan for funeral expenses (slightly different regions) plus 10 months' salary. The person who handles the matter will stamp the personal seal on the four forms, and then go to the settlement office of the social security hall for review, and then stamp the personal seal of the staff who are reviewing, and then return to the place where Qi does the seal first and let the head of the department stamp the personal seal. After the completion of the process, the personal file is returned to the labor department, and after the file is returned, the archives department is asked to stamp the round seal on the four forms, and there are three personal seals and one round seal on the table at this time.

One of them is stored in the file, and the other three are sent to the social insurance company for settlement;

5. The staff will tell him that one month after the completion of the process, all the funeral expenses will be paid to the deceased's salary card.

Legal basisArticle 40 of the Regulations on Work-related Injury Insurance.

Disability allowances, pensions for dependent relatives, and living care expenses shall be adjusted by the social insurance administrative department of the coordinating area in a timely manner according to changes in the average salary and cost of living of employees. The adjustment measures shall be formulated by the people of provinces, autonomous regions, and municipalities directly under the Central Government.

Article 41.

If an employee has an accident or is missing during the rescue and disaster relief due to work, the salary shall be paid within 3 months from the month of the accident, and the salary shall be suspended from the 4th month, and the work-related injury insurance** shall pay the pension to the dependent relatives on a monthly basis. If you have difficulties in living, you can advance 50% of the one-time work-related death allowance. Where an employee is declared dead by a people's court, it is to be handled in accordance with the provisions of Article 39 of these Regulations on the death of an employee on the job.

Legal analysis: First, if a person dies in the line of duty, he will be paid a basic salary of 40 months (the basic retirement allowance for retirees), and compared with the personnel of state organs, the part linked to the per capita disposable income of urban residents in the calculation of pension is missing.

Second, in the case of natural illness, it shall be paid according to the basic salary of the 20 months before his death (the basic retirement allowance for retirees).

Legal basis: Civil Servants Law of the People's Republic of China

Article 83: Civil servants who participate in social insurance in accordance with law shall enjoy insurance benefits in accordance with State provisions. Where civil servants die in the line of duty or die of illness, their relatives enjoy bereavement benefits and preferential treatment as provided by the state.

Article 94: After retirement, civil servants shall enjoy pensions and other benefits as provided by the State, and the State shall provide them with necessary services and assistance for their life and health, and shall encourage them to give full play to their personal expertise and participate in the development of Huaisan society.

Legal analysis: 1. In the event of the death of a retiree of an organ or a public institution managed with reference to the Civil Servant Law, the standard for the payment of a one-time pension is:

1) For martyrs and those who died in the line of duty, 20 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 person in the month of death;

2) 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 retiree of a public institution not managed by reference to the Civil Servant Law, the standard for the payment of a one-time pension is:

1) If the person dies in the line of duty, it shall be 40 times the basic salary or basic retirement allowance of the month of his death;

2) In the case of death, it shall be 20 times the basic salary or basic retirement allowance of the person in the month of death.

Legal basis: Notice of the Ministry of Civil Affairs, the Ministry of Personnel, and the Ministry of Finance on the Measures for the Payment of One-time Pensions for the Death of Employees of State Organs and Retirees》 Article 1 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 martyr's death, and the basic salary or basic retirement allowance for the first 20 months of his life for the death of a martyr.

The requirements for the granting of a lump-sum pension are to be met through the current channels.