How to allocate the pension and funeral expenses

Funeral expenses and pensions are distributed as follows:

1. If the unit of the deceased has regulations on the objects of funeral expenses and pensions, they shall be handled in accordance with the regulations, and if there are no regulations, they shall be given to the next of kin*** have. Close relatives mainly refer to the deceased's spouse, parents, children, brothers and sisters, grandparents, grandparents, grandchildren, grandchildren.

2. Although funeral expenses and pensions are not part of the estate, they can be distributed according to the order of the heirs of the estate in the following order:

(1) spouse, children, parents;

(2) siblings, grandparents, grandparents.

The process of receiving funeral expenses is as follows:

1. After the death of the person concerned, the family members or heirs should promptly submit the person's death certificate or cremation certificate, application form for funeral expenses and other information, which is usually submitted to the person's original unit, which will do the work on his behalf.

2, the social security audit in accordance with the provisions of his legal heirs will be the balance of his pension insurance personal account for the calculation of the unified, eligible by the social security institutions based on local regulations accounting for specific pensions, funeral expenses amount.

3, the social security agency approval is completed, the amount of money will be transferred to the person's original unit, the original unit to receive the amount of social security payments to notify the heir to receive can be.

The documents needed to receive the pension are as follows:

1. It must be handled by the first legal heir of the deceased person;

2. The original and a copy of the ID card of the insured person and the legal heir;

3. The original and a copy of the relationship certificate of the insured person and the legal heir;

4. The original of the cremation certificate (the first and the third);

5. The original of the cremation certificate (the first and the third);

6. The original cremation certificate (the first and the third);

5. The original death certificate and a copy;

6. The original entitlement certificate is required for the death of a retired person.

In summary: funeral expenses do not belong to the scope of inheritance under the law and cannot be inherited as inheritance. If the actual payment of funeral expenses exceeds the amount paid by the unit, the excess cannot be deducted from the death benefit. The remaining funeral expenses can be inherited by reference to the inheritance, provided that care is taken of minors who depended on the deceased and had no financial resources or immediate family members who were unable to work.

Legal basis:

The People's Republic of China*** and National Code

Article 112

Definition of inheritanceInheritance is the personal legal property left behind by a natural person at the time of death. An inheritance that is not allowed to be inherited in accordance with the law or according to its nature shall not be inherited.

Regulations on Work-Related Injury Insurance

Article 39

If an employee dies at work, his close relatives shall receive from the Work-Related Injury Insurance Fund a funeral grant, a dependent relatives' pension and a lump-sum benefit for work-related deaths in accordance with the following provisions:

Funeral grant shall be six months of the average monthly salary of the employee in the co-ordination area for the previous year;

Dependent relatives' pension In accordance with a certain percentage of the employee's own salary to the deceased employee's relatives who provided the main source of living and were unable to work. The standard is 40% per month for spouses, 30% per month for each of the other relatives, and 10% per month for each of the widows and orphans on top of the above standard. The sum of the approved pensions for each dependent relative shall not be higher than the salary of the employee who died at work before his or her death. The specific scope of the dependent relatives shall be stipulated by the social insurance administrative department of the State Council;

The standard of the one-time work-related death benefit shall be 20 times of the per capita disposable income of urban residents nationwide in the previous year. If a disabled employee dies as a result of a work-related injury during the period of suspension of pay, his close relatives shall enjoy the treatment stipulated in the first paragraph of this article.