metal for the aged is not a heritage.

If the pension metal does not belong to the heritage, it is necessary to clarify the legal definitions and attributes of pension and heritage.

I. Definition and attributes of pension

Pension refers to the old-age insurance benefits paid by workers in cash according to national laws or policies after reaching the statutory retirement age or losing their ability to work, which is mainly used to guarantee the basic livelihood of retirees. Pension has a clear personal attribute, which is the embodiment of the pension rights accumulated by workers during their work.

second, the definition and scope of heritage

heritage refers to the personal legal property left by a natural person when he dies, including income, real estate, savings, daily necessities, intellectual property rights and other property rights with economic value. Legacy is the property accumulated or owned by the deceased before his death, which has clear property attributes.

Third, the difference between pension and inheritance

From the definition and attributes, there are obvious differences between pension and inheritance. Pension is the life security of workers after retirement, which has the nature of social security; Legacy is the property accumulated by the deceased before his death, which belongs to the category of personal property. Therefore, in law, pension is not regarded as heritage.

IV. Inheritance and Disposal of Pensions

When a pensioner dies, the balance in his pension account will not automatically become an inheritance and be inherited by the heirs. According to relevant regulations, the inheritance or treatment of pension usually follows specific legal procedures and policies. For example, some regions may stipulate that the pension balance should be returned to the social security institution or properly handled by a specific institution.

To sum up:

Pension metal is not a heritage. As the life guarantee for workers after retirement, pension has clear personal attributes and social security nature, which is essentially different from inheritance in definition and attributes. Therefore, after the death of a pensioner, the balance in his pension account will not automatically become an inheritance, but will be handled according to specific legal procedures and policies.

Legal basis:

Article 122 of the Civil Code of the People's Republic of China

stipulates:

Legacy is the personal legal property left by a natural person when he dies. An inheritance that cannot be inherited according to the law or its nature shall not be inherited.

Article 16 of the Social Insurance Law of the People's Republic of China

stipulates:

Individuals who have participated in the basic old-age insurance will receive the basic old-age pension on a monthly basis if they have paid a total of fifteen years when they reach the statutory retirement age. If an individual who participates in the basic old-age insurance dies due to illness or non-work-related, his survivors can receive funeral subsidies and pensions; Those who have completely lost their ability to work due to illness or non-work-related disability before reaching the statutory retirement age can receive disability allowance. The required funds are paid from the basic old-age insurance fund.

Article 17 of the Social Insurance Law of the People's Republic of China

stipulates:

If an individual who participates in the basic old-age insurance dies due to illness or non-work, his survivors can receive funeral subsidies and pensions; Those who have completely lost their ability to work due to illness or non-work-related disability before reaching the statutory retirement age can receive disability allowance. The required funds are paid from the basic old-age insurance fund.