1. Enterprise employees died at work.

(1) What kind of treatment do the relatives of employees who died at work enjoy?

After an employee dies at work, his immediate family members receive compensation for work-related injury death from the work-related injury insurance fund, including "funeral subsidies, pension for dependent relatives and one-time work-related death subsidies".

(2) Legal basis.

Article 37 of the Regulations on Work-related Injury Insurance, if an employee dies at work, his immediate family members shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the work-related injury insurance fund in accordance with the following provisions:

1, the funeral subsidy is the average monthly salary of employees in the overall planning area for 6 months;

2, dependent relatives pension according to a certain proportion of the wages of employees to provide the main source of income, no ability to work-related death relatives. 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 labor security of the State Council;

3. The standard of one-time work death allowance is the average monthly salary of employees in the overall planning area from 48 months to 60 months. Specific standards shall be formulated by the people's government of the overall planning area according to the local economic and social development and submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record.

If a disabled employee dies at work during the period of paid suspension, his immediate family members 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 unpaid leave, his immediate family members can enjoy the treatment as stipulated in Items (6) and (2) of the first paragraph of this article.

(3) the scope of supporting relatives.

Provisions on the scope of dependent relatives of workers who died at work Article 2 The term dependent relatives of workers who died at work mentioned in these Provisions refers to their spouses, children, parents, grandparents, grandparents, grandchildren, grandchildren and brothers and sisters.

The children mentioned in these Provisions include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependent relationship, among which children born in wedlock and children born out of wedlock include children after death;

The parents mentioned in these Provisions include biological parents, adoptive parents and stepparents who have a dependency relationship;

"Brothers and sisters" as mentioned in these Provisions include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters who have a dependency relationship.

Article 3 Where the personnel specified in the preceding article rely on the workers who died at work to provide their main source of livelihood before their death, and under any of the following circumstances, they may apply for the pension for supporting relatives in accordance with the provisions:

1, completely losing the ability to work;

2. The spouse of the deceased employee is 60 years old for male and 55 years old for female;

3. The parents of the dead workers are 60 years old for men and 55 years old for women;

4. The children of the deceased employees are under the age of 18;

5. The parents of the deceased employees have both passed away, and their grandfathers have reached the age of 60 and grandmothers have reached the age of 55;

6. Children of employees who have died or completely lost their ability to work, and their grandchildren are under the age of 18;

7. The parents of the deceased employee have died or completely lost their ability to work, and their brothers and sisters are under the age of 18.

Article 4 Under any of the following circumstances, retirees will no longer enjoy pension benefits:

1, at least 18 years old and not completely incapacitated;

2. Employment or joining the army;

3. The spouse of the deceased employee remarried;

4. Being adopted by others or organizations;

5. dead.

Two, enterprise employees died not because of work.

(1) What kind of treatment do the relatives of employees who died not because of work have?

After non-work-related death, their immediate family members receive funeral subsidies and relief funds to support their immediate family members from the labor insurance fund.

(2) legal provisions.

1 Article 14 of the Regulations on Labor Insurance in People's Republic of China (PRC) stipulates the treatment of employees and their immediate family members when they die:

When an employee dies of illness or non-work-related injury, the funeral subsidy is paid under the labor insurance fund, and the amount is the average salary of all employees of the enterprise for two months; In addition, under the labor insurance fund, according to the number of dependent immediate family members, the relief fund for dependent immediate family members is paid, and the amount is six to twelve months' salary of the deceased. The specific measures are stipulated in the implementation rules.

2. Article 23 of the Detailed Rules for the Implementation of the Labor Insurance Regulations of People's Republic of China (PRC), when an employee dies due to illness or non-work-related injury, or dies after retirement, or loses his labor force completely due to work disability, according to Article 14 (2) of the Labor Insurance Regulations, in addition to the funeral subsidy paid by the labor insurance fund to the enterprise according to the average salary of two months, the labor insurance fund will pay 654,300 yuan to his immediate family. 2 people, 9 months' salary for the deceased himself; For three or more persons, the salary of the deceased is 12 months.

Now analyze:

First, the deceased died at work, how to distribute the compensation for work death received by his relatives?

The compensation for work-related injury death is obtained by the relatives of the employees after their death, and it is not inheritance. Moreover, compensation for work-related deaths has specific targets, among which "funeral subsidies and pensions for dependent relatives" (non-work-related deaths are called funeral subsidies and relief funds for dependent immediate family members) must be paid to the corresponding people, and only one-time work-related deaths can be paid with reference to the inheritance.

(a), the nature of funeral subsidies, how to allocate?

Funeral allowance is not an inheritance and should be used for funeral expenses. If the relatives pay the funeral expenses in advance, they can claim compensation with the funeral subsidy. If there is any surplus after the funeral expenses are paid, the rest will be treated according to the inheritance.

(2) The nature of dependent relatives' pension and how to issue it.

Dependent relatives pension refers to a one-time subsidy paid to the relatives of deceased employees who meet the legal conditions under the labor insurance fund to ensure the future life of relatives who relied on the deceased employees to provide their main source of livelihood before their death.

Pension is a treatment of industrial injury insurance, which is not an inheritance and cannot be inherited according to the inheritance law. It can only be directly enjoyed by the immediate family members supported by the workers who died at work. In other words, only eligible immediate family members who support dead employees are eligible to receive employee death pension.

(3) How is the order in which employees' survivors receive one-time work-related death benefits stipulated? How to pay the one-time work death subsidy?

According to Article 14 of the Detailed Rules for the Implementation of Work-related Injury Identification issued by the Labor Department of Hebei Province, if an employee dies at work, the one-time work-related death subsidy will be paid according to the standard of the average salary of employees in the last year of the province from 48 months to 60 months. The specific criteria are: 48 months without dependent relatives; If there are dependent relatives, it is 52 months to support 1 person, 56 months to support 2 people, and 60 months to support 3 or more people.

The order of receiving one-time work-related death subsidy is:

1, children and parents without spouse (including adoptive parents, the same below)

2. No parents, children and spouses;

3. If there are parents, spouses and children, parents and spouses are allocated according to the per capita coefficient 1, and children are allocated according to the per capita coefficient 1.3;

4, neither parents nor spouses, for children;

5. If there are no parents, spouses or children, they will be given to grandparents or siblings under the age of 16 or other dependent relatives;

6. Other relatives who live together.

2. What is the legal basis, nature and distribution of the housing provident fund and pension insurance money returned to the deceased?

(1) According to the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (2) Article 11 During the marriage relationship, the following property belongs to "other property that should be owned by * * *" as stipulated in Article 17 of the Marriage Law:

1, the income obtained by one party through personal property investment;

2. Housing subsidies and housing accumulation funds actually obtained or should be obtained by both men and women;

3. Old-age insurance and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women.

(2) According to the provisions of Article 24 of the Regulations on the Management of Housing Provident Fund in the State Council, if an employee has one of the following circumstances, he can withdraw the storage balance in the employee's housing provident fund account:

1, purchase, build, renovate and overhaul owner-occupied housing;

2. Retired;

3, completely lose the ability to work, and terminate the labor relationship with the unit;

4. Go abroad to settle down;

5. Repay the principal and interest of the house purchase loan;

6, the rent exceeds the prescribed proportion of family wage income.

In accordance with the second, third and fourth items of the preceding paragraph, the employee housing provident fund account shall be cancelled at the same time.

If an employee dies or is declared dead, the employee's heirs and legatees may withdraw the storage balance in the employee's housing provident fund account; If there is no heir or legatee, the storage balance in the employee housing provident fund account shall be included in the value-added income of the housing provident fund.

According to the provisions of Article 26 of the Law of State Succession of People's Republic of China (PRC), the property acquired by husband and wife during the marriage relationship shall be owned by both husband and wife. Unless otherwise agreed, when the estate is divided, half of all the property of both husband and wife shall be divided to the spouse first, and the rest shall be the estate of the decedent.

To sum up, the deceased's housing provident fund and endowment insurance are the common property of husband and wife.

It should be divided into two parts, that is, the deceased before marriage should be given to the heir as an inheritance; After marriage, husband and wife should share half of the property with their spouses, and the other half should inherit it.

The deceased insured a commercial insurance before his death. What is the legal nature and distribution of the commercial insurance premium paid by the insurance company after his death?

Insurance benefits are also divided into insurance benefits with designated beneficiaries and insurance benefits without designated beneficiaries. There are significant differences in inheritance between the two.

(1) Article 62 of the Insurance Law of People's Republic of China (PRC) stipulates: "The insured or the applicant may designate one or more persons as beneficiaries. If there are several beneficiaries, the insured or the applicant may determine the order and share of benefits; If the benefit share is not determined, the beneficiary shall enjoy the benefit right according to the equal share. "

If the deceased specifies the beneficiary in the insurance policy, the designated beneficiary will receive insurance compensation in the event of an insurance accident. This is a gift from the insured to his property before his death. Belongs to the property that the insured has disposed of before his death. It is not the heritage of the insured. Legal property that has become a beneficiary cannot be inherited or used to repay the debts of the insured before his death.

(2) According to Article 64 of the Insurance Law of People's Republic of China (PRC), after the death of the insured, in any of the following circumstances, the insurance money shall be regarded as the heritage of the insured, and the insurer shall fulfill the obligation to pay the insurance money to the heir of the insured:

1, no designated beneficiary;

2. The beneficiary dies before the insured, and there are no other beneficiaries;

3. The beneficiary loses or waives the beneficial right according to law, and there are no other beneficiaries.

If the insurer fails to specify the beneficiary in the insurance contract, the insurance money obtained after the insurance accident becomes the insured's heritage, which can be inherited by the insured's heirs according to law.

Attachment: Special note:

After the death of a railway worker, the railway department not only pays the death compensation to the relatives of the deceased worker, but also pays special subsidies to the railway department, that is, the "three-no-let" subsidy.

"Three Prohibitions" is a solemn promise made by Liu Zhijun, Party Secretary and Minister of the Ministry of Railways, on behalf of the Party Group to railway workers at the National Railway Work Conference in early 2004. That is, "never let an employee look down on illness, never let an employee's children go to school, and never let an employee live below the local poverty line."

The "three-no-let-go" subsidy specifically refers to the measures to help employees in difficulty by establishing a special fund to ensure that no employee's family can live below the poverty line, no employee's children can't afford to go to school, and no employee can afford to look down on illness.

According to the "three-no-let-go commitment" of the railway department, the railway trade union pays the compensation for three-no-let-go to the families of the deceased, and the specific payment method is allocated by the railway department according to the specific situation of the families of the employees.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.