Job Recruitment Website - Social security inquiry - Can social security be transferred to the wife's name when the husband dies?
Can social security be transferred to the wife's name when the husband dies?
Social security is personal and cannot be transferred, but personal accounts in social security such as pension insurance and medical insurance can be inherited. If an employee dies before the retirement age, his spouse can only inherit the personal balance, and the part paid by the unit is the public part, which cannot be inherited according to the regulations, nor can he inherit the right to reimbursement of social insurance. If an employee dies after retirement, he can only take out the balance of his account and inherit it from his spouse and other heirs, or he can receive a part of his personal account at one time and receive a funeral pension. Under normal circumstances, before reaching retirement age, you can't quit the social security pension insurance personal account. If an individual dies, the social security account may be cancelled by the heir.
Inheritance is carried out in the following order:
1, first order: spouse, children, parents;
2, the second order: brothers and sisters, grandparents, grandparents;
3. 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;
4. The term "children" includes children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency;
5. "Parents" include biological parents, adoptive parents and step-parents with dependency;
6. Brothers and sisters include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters and stepbrothers and sisters with dependency.
To sum up, social security has personal particularity, so social security cannot be transferred, but personal accounts in social security such as endowment insurance and medical insurance can be inherited. If an employee dies before the retirement age, his spouse can only inherit the personal balance, and the part paid by the unit is the public part, which cannot be inherited according to the regulations, nor can he inherit the right to reimbursement of social insurance. If an employee dies after retirement, he can only take out the balance of his account and inherit it from his spouse and other heirs, or he can receive a part of his personal account at one time and receive a funeral pension.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 3 of People's Republic of China (PRC) Social Insurance Law.
The social insurance system adheres to the principles of wide coverage, basic protection, multi-level and sustainability, and the level of social insurance should be compatible with the level of economic and social development.
Article 4
Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and require social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.
Article 14
Personal accounts shall not be withdrawn in advance, and the bookkeeping interest rate shall not be lower than the bank time deposit interest rate, and interest tax shall be exempted. If an individual dies, the balance of the individual account can be inherited.
Article 17
If an individual who participates in the basic old-age insurance dies due to illness or non-work, his survivors can receive funeral grants and pensions; Persons 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.
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