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Compensation standard for work-related injury death in public institutions
1, pension: based on the basic salary (or retirement fee) of the deceased in the last month before his death, he died for 20 months; 40 months after death in the line of duty; Martyr hair for 80 months;
2. Funeral expenses: based on the average monthly salary of the staff of the government agencies and institutions in this city in the previous year of the death of the deceased, the normal death is 6 times; Death and retirement on business are 10 times.
The collection process of funeral expenses is as follows:
1, bring relevant information and transfer the three receipts issued by the cremation hall to the deceased unit. Details are as follows:
(1) account book;
(2) The ID card of the deceased, two medical insurance cards and one card (all cards should be spent, and the cards should not be sent back)
2. If the file of the deceased is not in the original unit, the original unit will handle a green shift certificate for the parties according to the documents provided, and will leave one of the three receipts at the same time. Personal files can be handed over to the archives room of the local labor and employment bureau (department) with the green file transfer certificate;
3. If the children handle the file transfer, the spouse of the deceased must write a power of attorney to handle it, and the staff of the archives department will copy the household registration ID card and cremation receipt of the deceased to the archives room. After the file of the deceased was transferred out, at this time, there were two receipts left in the hand. Keep one for yourself, take the last receipt (cremation receipt) to the community where the deceased is located, and ask the community director to stamp the circular seal of the community on the back of the receipt. You can go to the special funeral office of the social insurance company to settle the one-time funeral subsidy with the cremation certificate, stamped receipt, personal file of the deceased and ID card;
4. The staff will check the salary data in the personal file with the data in the computer, and then print out four forms, which are the funeral expenses in 400 yuan (slightly different regions) plus 10 month's salary. The person who handles the four forms will stamp their personal seals, then go to the settlement office of the social security hall for review, and then stamp the personal seals of the audited staff, and then go back to the place where they were stamped for the first time and ask the department heads to stamp their personal seals again. After handling, return the personal files to the labor department. After the files are returned, please ask the archives department to affix a circular seal on the four forms. At this time, there are three names and a round seal on the form. One of them is stored in the file and the other three are sent to the social insurance company for settlement;
The staff will inform that all funeral expenses will be paid to the salary card of the deceased one month after processing.
To sum up, the standard of death pension for staff in public institutions depends on the nature of public institutions. If the institution belongs to a financial institution, the death pension standard shall be implemented according to the industrial injury policy of the state organs, but not according to the general industrial injury treatment standard.
Legal basis:
Article 14 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases.
Funeral expenses are calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located.
Article 40 of the Regulations on Industrial Injury Insurance
Disability allowance, pension for dependent relatives, and living nursing expenses shall be adjusted in a timely manner by the social insurance administrative department in the overall planning area according to the changes in the average salary and living expenses of employees. Measures for adjustment shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 41
If an employee has an accident on business trip or his whereabouts are unknown during emergency rescue and disaster relief, he will be paid within 3 months from the month of the accident, and the salary will be stopped from the fourth month. The industrial injury insurance fund will pay pensions to its dependent relatives on a monthly basis. Life is difficult, you can advance 50% of the one-time work death subsidy. If an employee is declared dead by the people's court, it shall be handled in accordance with the provisions of Article 39 of this Ordinance on the death of an employee due to work.
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