How to calculate the work related death pension and how to calculate the work related death pension

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 work-related injury insurance in accordance with the following provisions:

1) The funeral subsidy is the average monthly wage of employees 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 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: 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 allowance is the average monthly wage of employees in the overall area from one month to one month 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.

Reference: According to Min Fa 2007 No. 64 "Notice on the Measures for the Payment of One-time Bereavement Pension for the Death of State Organ Functionaries and Retirees": "Since October 1, 2004, the one-time pension for the death of state organ staff and retirees 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 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. There should be no prescribed formula for the distribution of pensions that you are talking about.

It should be allocated by consultation or by the court on a time-by-time basis. And the pension should not be large.

If the parents of the deceased employee meet the criteria for supporting relatives, they can receive a monthly pension for supporting relatives, and the standard is 30% of the salary of the deceased employee; If it is a lonely elderly person, 40% of the employee's own salary can be received until the death of the second elderly. Parents of deceased workers who have reached the age of 60 for men and 55 for women can receive pensions for dependent relatives.

Article 39 of the Regulations on Work-related Injury Insurance stipulates that if an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death compensation and compensation from the 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 previous year in the overall planning area. (2) The pension for dependent relatives shall be paid to the relatives 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 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.

Article 37 of the Regulations on Work-related Injury Insurance stipulates that the relatives of injured workers shall enjoy the following benefits:

1) Pay a funeral subsidy for 6 months of the average salary of local employees from work-related injury insurance**;

2) Monthly pension for dependent relatives from work-related injury insurance**: 40 of the salary of the spouse, 30 of the salary of other relatives, and 10 of the elderly or orphans according to the above standards;

3) A one-time work-related death allowance of 48 to 60 months from the average wage of local employees from work-related injury insurance**.

My salary refers to the average monthly salary of the injured employee in the 12 months before the accident; The salary standard shall not be less than 60 of the average salary of local employees. The pension for dependent relatives shall be adjusted annually by the provinces, autonomous regions and municipalities directly under the Central Government.

Employees who die in the line of duty shall be paid funeral subsidies, pensions for dependent relatives, and one-time work-related death subsidies, and the specific standards are: funeral subsidies shall be paid according to the standard of 6 months' average salary of employees in the previous year. The allocation criteria are:

The spouse shall be paid 40 per month at the rate of the average monthly salary of Henan Province in the previous year, and the other dependent relatives shall be paid 30 per month per month, and the elderly or orphans shall be paid an additional 10 per month on the basis of the above standards. The total amount of the pension may not exceed the salary of the deceased. When the dependent relative loses his or her support conditions, he or she is no longer entitled to this pension.

For the one-time work-related death allowance, the standard is the amount of the average salary of the employee in the previous year from 48 months to 60 months, and the specific standard is determined by the province. In the event of death during the period of disability pension from the first to the fourth degree of disability, a one-time work-related death allowance shall be paid at the rate of 50 of the standard amount.

This problem seems to be unresolved, China has not formed a perfect legal system to regulate this aspect, and it seems that the awareness of migrant workers to protect their rights needs to be improved, and their ways to protect their rights need to be further improved.