Legal subjectivity:

1. Standards for payment of employee death benefits

According to Article 39 of the "Work Injury Insurance Regulations": If an employee dies on the job, the Close relatives receive funeral subsidy, dependent relative pension and one-time work-related death subsidy from the work-related injury insurance fund in accordance with the following regulations:

(1) The funeral subsidy is 6 months for employees in the overall planning area in the previous year Average salary;

(2) Dependent relatives pension shall be paid based on a certain proportion of the employee's own salary to relatives who provided the main source of livelihood and were unable to work during the lifetime of the employee who died on the job. The standards are: 40% per month for spouses, 30% per month for each other relative, and an additional 10% per month for the elderly or orphans on the basis of the above standards. The total approved pension for each dependent relative shall not be higher than the salary of the employee who died on the job during his lifetime. The specific scope of supporting relatives shall be stipulated by the social insurance administrative department of the State Council;

(3) The one-time work-related death benefit standard shall be 20 times the national per capita disposable income of urban residents in the previous year.

If a disabled employee dies due to a work-related injury during the period of suspension of work and salary retention, his close relatives shall enjoy the benefits stipulated in paragraph 1 of this article.

If a first- to fourth-level disabled employee dies after the period of suspension of work and salary retention, his close relatives can enjoy the benefits stipulated in items (1) and (2) of paragraph 1 of this article.

2. What is the basis for the payment of pensions

1. Refer to the standards and calculation methods for one-time death pensions for staff and retirees of public institutions managed by the Civil Servant Law, and in accordance with the civil affairs law The provisions of the "Notice on the Measures for the Payment of One-time Benefits on the Death of State Agencies Staff and Retirees" issued by the Ministry of Finance, the Ministry of Personnel and the Ministry of Finance shall be implemented.

2. In accordance with the provisions of the Ministry of Labor and Social Security, the Ministry of Personnel, the Ministry of Civil Affairs, and the Ministry of Finance's "Notice on Issues Related to Work-related Injuries of Staff of Private Non-profit Organizations in Public Institutions, public institutions that participate in the coordination of regional work-related injury insurance" If a staff member dies on the job, the one-time work-related death benefit standard shall be based on local work-related injury insurance regulations.

3. For staff and retirees from public institutions who have participated in the basic pension insurance for enterprise employees, if they die due to illness, their one-time pension benefits will still be implemented in accordance with local regulations.

4. Except for the above circumstances, the one-time pension standard for the death of public institution staff and retirees will be adjusted to: basic salary or basic retirement allowance for the 40 months before death for those who died in the line of duty, and basic retirement benefits for those who died due to illness. It is the basic salary or basic retirement allowance for the 20 months before the person’s death. The pension benefits for martyrs shall be implemented in accordance with relevant national regulations.

3. What is the dependent relative pension?

The dependent relative pension refers to the death of an employee who dies on the job, the death of a disabled employee due to a work-related injury during the suspension period, and If a first- to fourth-level disabled employee dies after the suspension of work and salary period, a certain proportion of the employee's own salary will be paid to the employee who provided the main source of livelihood during his lifetime and the basic living expenses of relatives who are incapable of working. When an employee dies on the job, his relatives who provide the main source of livelihood and are unable to work lose their source of livelihood and make it difficult to maintain their basic livelihood. The direct cause of this situation is the work-related injury accident, so his immediate family members should be compensated.

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If an employee in Article 39, Paragraph 1, Item 2 of the "Regulations on Work-related Injury Insurance" dies on the job, his close relatives shall receive funeral subsidies and dependent relatives' pensions from the Work-related Injury Insurance Fund in accordance with the following provisions: and one-time work-related death benefit: (2) Dependent relatives pension is paid according to a certain proportion of the employee's salary to relatives who were unable to work and provided the main source of livelihood for the employee who died on the job. The standards are: 40% per month for spouses, 30% per month for each other relative, and an additional 10% per month for the elderly or orphans on the basis of the above standards. The total approved pension for each dependent relative shall not be higher than the salary of the employee who died on the job during his lifetime. The specific scope of supporting relatives shall be stipulated by the social insurance administrative department of the State Council.