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Pension period of spouse who died at work

Legal analysis

In the case of compensation for work-related injury death, the social security society first pays the funeral expenses (6 times the monthly salary) and the one-time work-related injury death subsidy (20 times the per capita disposable income of the previous year 19 109), which generally adds up to about 400,000. If someone in the immediate family meets the status standard of work-related death pension, they can enjoy the work-related death pension. Conditions: Parents and spouses: male over 60 years old, female over 55 years old; Or has been identified as completely incapacitated by the labor ability appraisal committee; Or the deceased was the only provider of the relative before his death: the parents subsidized 30% per month x the monthly salary base of the previous year, and enjoyed the average life expectancy of the relative in the last year or the average life expectancy of women, that is, 8 1.77 years old. If they are lonely (no spouse or other children), the above 30% will increase to 40%.

legal ground

Article 39 of the Regulations on Work-related Injury Insurance, if an employee dies at work, his close relatives shall receive funeral subsidies, pension for supporting relatives 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 dependent relatives should be paid to the relatives who provided the main source of livelihood and were unable to work before the employee died. 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 (3) The standard of one-time work-related death subsidy 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.