Job Recruitment Website - Social security inquiry - Can social security be transferred to a spouse when a person dies?

Can social security be transferred to a spouse when a person dies?

Social security can't be transferred to a spouse when a person 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, the 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, and neither can the reimbursement right 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.

Legal basis:

People's Republic of China (PRC) social insurance law

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Personal accounts shall not be withdrawn in advance, and the bookkeeping interest rate shall not be lower than the bank time deposit interest rate, and interest tax shall be exempted.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.

People's Republic of China (PRC) Civil Code

Article 122

Legacy is the personal legal property left by a natural person when he dies.

An inheritance that cannot be inherited according to the law or the nature of the inheritance shall not be inherited.

Article 127

Inheritance is carried out in the following order:

(1) First order: spouse, children, parents;

(2) The second order: brothers and sisters, grandparents and grandparents.

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 is inherited by the successor in the second order.

The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.

The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship.

Brothers and sisters referred to in this part include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.