Social security is full, how to pay for a person's death?

The balance of the endowment insurance account can be fully withdrawn. If he dies before reaching retirement age, his account balance can be inherited according to Article 14 of the Social Insurance Law of People's Republic of China (PRC), and the account balance can be withdrawn according to Article 6 of the Implementation Rules of the Social Insurance Law of People's Republic of China (PRC). Survivors can also receive funeral grants and pensions for non-work-related deaths, and funeral grants for work-related deaths are available.

Legal analysis

1. If a person dies before reaching retirement age, the balance in the account can be withdrawn and inherited by the heir. If a person dies non-work-related, he may request funeral subsidies and pensions. If a person dies at work, he can enjoy funeral subsidies with work-related injury insurance.

2. According to Article 14 of the Social Insurance Law of People's Republic of China (PRC), if an employee dies, the balance of his personal account can be inherited, so he can take it out and be inherited by the heir. Article 6 of Several Provisions on the Implementation of the Social Insurance Law of People's Republic of China (PRC) also reiterated this provision.

3. In case of work-related death, according to Article 49 of the Social Insurance Law of People's Republic of China (PRC), the survivors of employees can also receive funeral subsidies for work-related injury insurance; If an employee dies due to illness or accident, his/her survivors can receive funeral grants and pensions according to Article 17 of the Social Insurance Law of People's Republic of China (PRC). Therefore, you can not only withdraw the balance in your personal account, but also receive other subsidies and pensions. This is because China's social insurance system is relatively perfect, and the provisions for civil servants' families to maintain their lives even if they lose a labor force fully reflect the superiority of China.

legal ground

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

Article 14 Individual accounts shall not be withdrawn in advance, and the bookkeeping interest rate shall not be lower than the bank time deposit interest rate, and interest tax shall be exempted.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.

Seventeenth individuals who participate in the basic old-age insurance, due to illness or non-work-related death, their 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.

Article 49 If an unemployed person dies while receiving unemployment insurance benefits, he shall pay a one-time funeral subsidy and pension to his survivors with reference to the local regulations on the death of on-the-job workers. The required funds are paid from the unemployment insurance fund.

If an individual dies and meets the conditions for receiving basic old-age insurance, industrial injury insurance and unemployment insurance funeral subsidies, his survivors can only choose to receive one of them.

Article 6 Individual accounts of employees' basic old-age insurance shall not be withdrawn in advance. Individuals who leave the country to settle down before reaching the legal conditions for receiving the basic pension shall keep their personal accounts and enjoy the corresponding pension insurance benefits in accordance with state regulations when reaching the legal conditions for receiving the basic pension. Among them, those who lose their People's Republic of China (PRC) nationality may apply in writing to terminate the basic old-age insurance relationship for employees when leaving the country or after leaving the country. After receiving the application, the social insurance agency shall inform it in writing of its right to keep personal accounts and the consequences of terminating the basic old-age insurance relationship for employees. After my written confirmation, I will terminate the employee's basic old-age insurance relationship and pay me the amount stored in my personal account in one lump sum.

After the death of an individual who participates in the basic old-age insurance for employees, the balance in his personal account can be fully inherited according to law.