Can social security and pension be enjoyed again?

Legal Analysis: Not according to Article 39 of the Regulations on Work-related Injury Insurance (Order No.586 of the State Council of the People's Republic of China) and Article 3 of the Provisions of the former Ministry of Labor and Social Security on the Scope of Dependent Relatives of Workers who died at work, the basic condition for close relatives of workers who died at work to enjoy the pension for supporting relatives is to rely on relatives who provided the main source of livelihood before their death and were unable to work. Those who have retired and received pensions (basic old-age insurance for enterprise employees or old-age insurance for institutions and institutions) do not belong to "providing the main source of livelihood for employees who have died at work and have no ability to work", do not meet the conditions for receiving pensions for dependent relatives, and cannot enjoy pensions for dependent relatives. Its basic legal basis is that the pension for dependent relatives of work-related injury insurance and the pension for basic old-age insurance are both social insurance life security items, which are the income guarantee for the insured or their beneficiaries. Their essential attributes are the same, and the principles of uniqueness and fairness of social insurance payment cannot be enjoyed repeatedly.

Legal basis: Article 39 of the Regulations on Work-related Injury Insurance, if an employee dies at work, his close relatives 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 subsidies shall be the average monthly salary of employees in the overall planning area for six 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.

If a disabled employee dies at work during the period of paid suspension, his close relatives 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 his unpaid leave, his close relatives may enjoy the treatment specified in Items (1) and (2) of the first paragraph of this article.

Provisions on the scope of dependent relatives of workers who died at work Article 3 If the dependent relatives of workers who died at work depend on their main sources of livelihood before their death, they may apply for dependent relatives' pension in accordance with the provisions: (1) They are completely incapacitated; (2) The spouse of the deceased employee has reached the age of 60 and the female has reached the age of 55; (3) The parents of the deceased employee have reached the age of 60 and the female has reached the age of 55; (4) The children of the deceased employee are under 18 years old; (5) The parents of the deceased employees are both dead, and their grandparents are over 55 years old. Grandmother, grandmother over 55 years old (6) Children of employees who have died or completely lost their ability to work, their grandchildren are under 18 years old (7) Parents of employees who have died or completely lost their ability to work, their brothers and sisters are under 18 years old.