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In 2022, if an employee of an enterprise dies due to illness or non-work, the calculation of the funeral subsidy and pension treatment for the surviving family members is completely different from before - after verification, the new regulations will start from September 1, 2021, and a "Interim Measures for the Treatment of the Survivors of the Basic Pension Insurance for Enterprise Employees" will be officially implemented, which does not mention that the surviving family members will be issued with a hardship subsidy after the death of the enterprise employee, let's take a look at what's going on?
How is the funeral pension calculated in 2022?
Not only that, the longer the working staff of enterprises, whether they are in-service office workers or retired personnel, the funeral pension received by the surviving family members will be higher.
According to the new algorithm, after the death of an in-service or retired employee of an enterprise, the payment standard of funeral subsidy is linked to the monthly per capita disposable income of urban residents in the province in the previous year at the time of the death of the insured person, as follows:
Funeral subsidy = 2 times the monthly per capita disposable income of urban residents in the province in the previous year at the time of the death of the insured person.
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The latest standards for funeral expenses for retired cadres in 2022 are as follows: 1The 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 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 allowance is 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.
Legal Analysis: Funeral expenses refer to one-time expenses used for funeral matters when an employee dies on the job or dies after retirement due to work-related disability. It will be paid by the original employer.
According to the relevant national regulations on labor insurance, the amount is generally the average salary of all employees of the enterprise for three months. In the event of the death of a staff member of a state organ, the expenses related to the funeral shall be paid in a lump sum in accordance with the prescribed amount, regardless of the rank of the employee, and the family shall take care of the use of the funeral.
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: 1The 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 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 allowance is 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.
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The payment standard is: the average monthly salary of local employees in the previous year (or the first 12 months) x 6 months, which is received by the immediate family of the deceased, and no immediate family members receive it, and the funeral expenses are unified according to the time and region, and do not consider the age of the deceased or other factors. Retirement Funeral Expenses:
1. The calculation and payment standard is the average monthly salary of local employees in the previous year (or the first 12 months) for 6 months; It will be collected by the immediate family of the deceased, and if there is no immediate family, it will be collected by the person or organization that organizes the burial, depending on the situation, and relevant certificates need to be issued.
2. Funeral expenses are uniform, only changing with time and region, and are not affected by the age of the deceased or other factors. For example, if the average monthly salary of employees in a certain area is paid, then the funeral expenses in that area will be calculated and paid uniformly for the year.
3. The funeral expenses are subject to the principle of "less is not refunded, more is not compensated", that is, the amount actually spent by the family to bury the deceased is more than the funeral expenses, and there is no additional subsidy.
Procedure for the issuance of funeral expenses for retirees:
1. Bring the household registration book, the deceased's ID card, two medical insurance certificates and one card, go to the funeral home to issue three invoices, and go to the place where the deceased is located for file adjustment.
2. If the death file is not in the original unit, the certification materials issued by the original unit shall be handled in green and three invoices shall be retained. Personal data is queried by the archives of the local labor and employment department (office).
3. If the women's office handles the transfer, please be sure to ask the spouse of the deceased to issue a letter of authorization before it can be handled. Return the identity card and cremation receipt to the Archives. After a check of the deceased's records, there were two more invoices.
One kept it for himself and delivered the last receipt (cremation receipt) to the place of residence of the deceased, which was stamped behind him by the director of the community. With the cremation certificate, stamped receipt, personal file, ID card, go to the funeral home of the social insurance company to apply for a one-time funeral subsidy.
4. According to the salary data and computer data provided by the personal file, the staff checks and prints out four **, including funeral expenses (slightly different regions), plus 10 months' salary. After the handler affixes his personal seal on the four **, he goes to the settlement office of the social security hall for review and stamps the personal seal of the audited person.
Then go back to the place where the head of the department first put his personal seal. After processing, return the personal file to the labor department, and let the archives department make a circle seal on four **, three of which are personal seals and one is a round seal. One case was filed, and the other three were sent to the social insurance company for compensation.
5. After one month, all funeral expenses will be remitted to the deceased's bank account.
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The latest funeral expenses standards in 2022 are usually as follows: 1. Funeral subsidies and one-time relief expenses will be paid to immediate family members in a lump sum according to the average salary of the city for 3 and 10 months in the previous year; 2. The relief allowance for supporting the immediate relatives and relatives shall be paid monthly according to the sum of the local living hardship subsidy standard and the price subsidy; 3. Those who support an immediate family member shall be paid 200% of the subsidy standard for the living difficulties of the employees of the local urban enterprises. 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**. Materials required for the collection of funeral expenses: 1. Certificate of death cancellation (issued by the police station where the deceased's household registration is located); 2. Death declaration form of enterprise retirees (provided by the social security office, the recipient of death benefits must be consistent with the ID card of the recipient, and the certificate provided by the social security must indicate the relationship between the recipient and the deceased); 3. Cremation certificate (provided by the Civil Affairs Bureau or funeral home), if it is not a cremation area, the civil affairs office will issue a certificate of non-cremation area; Fourth, a copy of the front and back of the recipient's ID card.
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The latest funeral expenses for 2022 are as follows:
1. The funeral subsidy and one-time relief fee shall be paid to the immediate family members in a lump sum according to the average salary of the city in 3 and 10 months of the previous year;
2. The relief allowance for supporting immediate family members is usually paid monthly according to the sum of the local living hardship subsidy standard and price subsidy;
3. Those who support an immediate family member shall be paid 200% of the subsidy standard for the living difficulties of the employees of the local urban enterprises.
Social Insurance Law of the People's Republic of China
Article 17 If an individual participating 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**.
1. Certificate of death cancellation (issued by the police station where the deceased's household registration is located);
2. Death declaration form of enterprise retirees (provided by the social security office, the recipient of death benefits must be consistent with the ID card of the recipient, and the certificate of fibrillation and confession submitted by the social security office must indicate the relationship between the recipient and the deceased);
3. Cremation certificate (provided by the Civil Affairs Bureau or funeral home), if it is not a cremation area, the Civil Affairs Office will issue a certificate of non-cremation area; Fourth, a copy of the front and back of the recipient's ID card.
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