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Are funeral expenses and pensions the same thing?
Pension and funeral expenses are not the same thing. Pension is paid to the disabled or the families of the deceased. Pension is the comfort of the country (including spiritual comfort and material comfort, etc.). ) and make economic compensation for special personnel according to relevant regulations. Funeral expenses refer to the one-time expenses used for funeral matters when employees die or are disabled at work.
The two are different compensation methods. Pension and funeral expenses are different in specific meanings, compensation standards and compensation methods. For example, funeral expenses are mainly a kind of economic help for funeral expenses after the death of the decedent, and should be given to the actual payer of the funeral; Pension is a kind of living allowance that gives special care and relief to the families of the deceased, and it has certain spiritual comfort content.
Funeral expenses and pension collection procedures: the legal heir shall declare funeral subsidies to the social insurance agency within 3 months; Fill in the application form of enterprise retirees' death and funeral subsidy, and prepare the information such as retirees' cremation certificate and ID card; The social service department accounts for the death treatment of retirees; The heirs of retirees receive relevant treatment.
Legal basis:
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 14 The funeral expenses shall be calculated on the basis of the average monthly salary of employees in the last year where the Court of Appeal is located.
"Regulations on Work-related Injury Insurance" Article 39 If an employee dies at work, his close relatives shall receive funeral subsidies, pension for dependent relatives and one-time work-related death subsidies from the work-related injury insurance fund in accordance with the following provisions:
(a) the funeral subsidy is the average monthly salary of employees in the overall planning area for 6 months.
(2) The pension for supporting relatives shall be paid to the relatives who provided the main source of livelihood before the death of the employee and were unable to work because of work according to a certain proportion of the employee's salary. 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 social insurance of the State Council.
(three) the standard of one-time work death allowance is 20 times of the per capita disposable income of urban residents in the previous year.
Derivative problem:
Do funeral expenses belong to inheritance?
Funeral expenses do not belong to the legal property left by citizens after their death, that is, they do not belong to inheritance, and heirs may not inherit them. The personal legal property left by a citizen after his death must be the property or other creditor's rights that the citizen acquired through the exercise of civil acts with civil capacity and civil rights before his death. Funeral expenses are not obtained based on the civil acts that citizens engaged in during their lifetime, but are paid by the unit according to the fact that citizens died, not inherited. However, the remaining funeral expenses and death pensions can be inherited by reference to the inheritance, but minors who have no financial resources to rely on the life of the deceased or their immediate family members who are unable to work should be taken care of.
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