Legal analysis
Pension is the spiritual comfort and economic compensation given by the unit where the deceased lived to the family members or their dependents, which is equivalent to the nature of living expenses. According to China's current relevant policies, people who enjoy pension benefits must meet two conditions at the same time: first, they must be immediate family members and spouses of the deceased; The second is the person who was mainly or partially supported by the deceased before his death. As for whether his parents can get it, the key is to see if they have a fixed source of income. If they have no fixed financial resources, they are entitled to this pension. If they have a fixed source of income, such as pension, they have no right to claim the share of pension in principle. According to the regulations on the scope of dependent relatives of workers who died at work, the father must be over 60 years old and the mother must be over 55 years old to receive the monthly dependent relatives pension. As long as the parents of employees reach the age of application, they can apply. The subject of pension collection is stipulated by law. One is that the disabled themselves enjoy the pension, and the other is that the family of the deceased receives it, which is equivalent to the state supporting the family of the deceased.
legal ground
"Regulations on Work-related Injury Insurance" Article 39 If an employee dies at work, his close relatives shall receive funeral subsidies, pension for supporting relatives and one-time work-related death subsidies from the work-related injury insurance fund in accordance with the following provisions: (1) The funeral subsidies shall be the average monthly salary of employees in the overall planning area for six months; (two) the pension for supporting relatives shall be paid to the relatives who have provided the main source of livelihood and have no ability to work during their lifetime according to a certain proportion of the employee's own 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 work death allowance 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 a disabled worker of Grade 1 to Grade 4 dies after the expiration of the suspension of work with unpaid leave, his close relatives may enjoy the treatment stipulated in Items (1) and (2) of the first paragraph of this article.