1. Pensions and funeral expenses are not inheritance. Heritage refers to the personal legal property left by a citizen when he dies and can be transferred to others according to law.
Legacy is the personal legal property left by a citizen when he dies, including:
(1) citizen income;
(2) Houses, savings and daily necessities of citizens;
(3) Citizens' trees, livestock and poultry;
(4) Cultural relics, books and materials of citizens;
(5) The law allows citizens to own the means of production;
(six) the property rights in the copyright and patent rights of citizens;
(7) Other lawful properties of citizens (securities and creditor's rights represented by property, etc.). ).
The time of a citizen's death is the specific time limit for delineating the inheritance, which occurs after the death of a citizen, not what is left behind when the citizen dies, so it is not an inheritance. At the same time, only when citizens have the capacity for civil conduct and civil rights can they obtain property ownership or other legal creditor's rights by exercising certain civil acts. Funeral expenses and pensions are paid by the unit where citizens work, not based on the civil acts before their death.
2. Death pension is a living allowance paid by the citizen's unit to the close relatives or dependents of the deceased in accordance with the relevant provisions after the death of the citizen, and it also has certain spiritual comfort content.
The object of payment is the close relatives or supporters of the deceased, which is a kind of economic help or comfort to the close relatives of the deceased. It is used to give special care and relief to the close relatives of the deceased, especially the minors who rely on the deceased to live without financial resources or the immediate family members who have lost their ability to work. It is a comfort to the mental pain of the close relatives of the deceased. The treatment of death pension can be reasonably divided with reference to the principle of inheritance treatment in the inheritance law, and appropriate care can be given to minors who have no financial resources or their immediate family members who have lost their ability to work.
3. Funeral expenses are related expenses incurred by the close relatives of the deceased when handling the funeral of the deceased, generally including corpse transportation expenses, cremation expenses, farewell ceremony expenses, urn purchase expenses, ashes storage expenses, etc.
The funeral expenses paid by the deceased unit are a kind of economic help for the relatives of the deceased to handle funeral matters, which is used to solve the practical difficulties encountered by the relatives of the deceased in funeral expenses. Burying the dead is the obligation of their relatives or heirs, and it is also the moral requirement of public order and good customs in our society. Letting the deceased rest in peace is also a comfort to the relatives of the deceased. Funeral expenses paid by relatives or heirs can be deducted from the funeral expenses paid by the unit, but the insufficient part should not be deducted from the pension, but should be shared with other heirs or close relatives. If the funeral expenses paid by the unit exceed the actual expenditure, the excess part can be reasonably divided with the pension with reference to the principle of inheritance treatment in the inheritance law.
To sum up, funeral expenses and death benefits do not belong to the scope of inheritance.
Compensation standard for funeral expenses:
1. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 27 "The funeral expenses shall be calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located."
2. If a traffic accident causes death, the legal heir of the deceased or the person who undertakes funeral obligations has the right to demand payment of funeral expenses. In the past, it was limited to the necessary expenses paid by the families of the deceased for burying the deceased. Many provinces and cities' funeral compensation standards are handled in accordance with the principles of the State Council's "Interim Provisions on Funeral Management" and the provisions of traffic accidents, and are limited to the total income of the deceased for six months before his death.
Generally, it includes the transportation fee and cremation fee of the corpse. Reasonable expenses such as the purchase of urn, the first-phase ashes storage fee, the labor fee paid by the hired personnel, and the necessary transportation expenses.
3, but more than the above standards, the court review is really necessary, can be calculated according to the actual loss of funeral expenses, compensation. The expenses incurred by the family members of the deceased who refuse to implement the funeral decision of the relevant departments within a time limit without justifiable reasons shall not be compensated.
Legal basis:
Article 39 of the Regulations on Industrial Injury Insurance
If an employee dies at work, his close relatives shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the industrial injury insurance fund in accordance with the following provisions:
(a) the funeral subsidy is the average monthly salary of employees in the overall planning area for 6 months.
(2) The pension for supporting relatives shall be paid to the relatives who provided the main source of livelihood before the death of the employee and were unable to work because of work according to a certain proportion of the employee's salary. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of social insurance of the State Council.
(three) the standard of one-time wage subsidy is 20 times of the per capita disposable income of urban residents in the previous year.
If a disabled employee dies at work during the period of paid suspension, his close relatives shall enjoy the treatment stipulated in the first paragraph of this article.
If the amount of funeral expenses or pensions is less or not given, it may directly bring a suit in a people's court with jurisdiction. You'd better get a lawyer. As long as you pay the lawyer a little service fee, everything can be solved. The cost of prosecution is generally borne by the losing party in the end, usually tens of dollars.