1. If a person dies due to illness or non-work, his survivors can receive funeral subsidies and survivors' pensions. Funeral subsidy is a subsidy for employees to bury and handle funeral affairs after death. Survivor's pension is the economic compensation and spiritual comfort given to employees' families after their death. Individuals participate in the basic old-age insurance, and the unit and I pay the basic old-age insurance premium, mainly to enjoy the basic old-age benefits after retirement. If an individual dies of illness or non-work-related death before and after retirement, the balance of his personal account can be used by the survivors as an inheritance, and the basic old-age insurance premium paid by the unit will enter the overall fund as a social mutual aid fund, and the survivors cannot claim inheritance rights. However, in order to reflect the insured's contribution to the overall fund, this law stipulates that his survivors can receive funeral subsidies and pensions as funeral subsidies and survivors' pensions for the death of the insured. This provision reflects the concern of the basic old-age insurance fund for the insured and helps to increase the attractiveness of the basic old-age insurance system. Funeral allowance and survivor's pension are also part of the employee's pension insurance benefits. This system was first stipulated in the labor insurance regulations formulated in 195 1 year. There is no uniform standard in China at present. In some places, funeral subsidies are generally calculated according to a certain number of years of the average monthly salary of local employees in the previous year when employees die, and some are calculated according to a certain number of years of the average monthly salary paid by enterprises in the month when employees die. Survivors' pensions vary from place to place, and some do not stipulate pensions, but only provide monthly relief to survivors; Some provide one-time pensions and monthly living allowances for survivors. This Law does not stipulate the standards of funeral subsidies and pensions, but the State Council or the relevant departments can make provisions. The scope of survivors generally includes the spouse and children of the deceased, the parents who depended on the deceased before his death, and other relatives who lived on the deceased. Funeral grants and survivors' pensions for illness or non-work-related death shall be paid by the basic old-age insurance fund. Funeral grants and survivors' pensions for work-related deaths are paid by the industrial injury insurance fund.
2. 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. Disability allowance is the economic compensation provided by the basic old-age insurance fund to the insured who is disabled due to illness or non-work and completely loses the ability to work. The insured has not reached the statutory retirement age and cannot enjoy the pension insurance benefits. If they are completely incapacitated and unable to work, they will lose their financial resources and have to rely on other family members. If the insured is also the main source of income for the family, the whole family will be in trouble. This problem should be solved. The insured participates in the basic old-age insurance, pays the insurance premium and pays to the old-age insurance fund. When they lose their source of livelihood, the endowment insurance fund should bear certain responsibilities. Therefore, this law stipulates that you can receive disability allowance, which reflects the responsibility of the endowment insurance fund to the insured and is a great progress of the endowment insurance system. Disability allowance is a new system and there is no corresponding allowance standard at present. The Regulations on Work-related Injury Insurance stipulates the standard of disability allowance for work-related disability. Workers identified as one to four disabled, by the work injury insurance fund to pay a monthly disability allowance. The standards are: 90% of my salary for first-class disability, 85% for second-class disability, 80% for third-class disability, 75% for fourth-class disability, and employees are identified as five or six-class disability. The State Council or relevant departments may make provisions on disability allowance standards with reference to the above provisions.
After the death of an employee or retiree, how to deal with the individual contribution in the personal account?
The Decision of the State Council on Establishing a Unified Basic Old-age Insurance System for Enterprise Employees (Guo Fa [1997] No.26) stipulates that if an employee or retiree dies, the individual contributions in the personal account can be inherited. In the Notice on Printing and Distributing the Interim Measures for the Management of Individual Accounts of Employees' Basic Endowment Insurance issued by the Ministry of Labor (No.Lao Ban Fa [1997] 1 16), it is stipulated that when a retiree dies, the balance of individual contributions in his personal account shall be paid to the beneficiary or legal heir designated by the deceased before his death. The amount of inheritance is: the personal account balance when the retiree dies? The proportion of the principal and interest paid by the individual in the personal account to the total amount stored in the personal account at retirement. The basic pension of retired workers can be inherited, which refers to the balance of individual contributions in the personal account pension of deceased retirees, rather than the whole basic pension of retired workers.
The Inheritance Law of People's Republic of China (PRC) stipulates that after the inheritance begins, it shall be handled in accordance with legal inheritance; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement. In addition, the first order of inheritance is: spouse, children, parents; The second order is: brothers and sisters, grandparents, grandparents; After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit. If there is no successor in the first order, it shall be inherited by the successor in the second order.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.