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New funeral regulations in Anshan, Liaoning Province in 2022

Legal subjectivity:

Funeral expenses vary from place to place. I suggest you consult your local social security center. According to the regulations, 10 month local average social salary and personal account balance in the current year will be paid in full. Article 8 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates: "The funeral expenses are calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located, and the total amount is six months." 1. In fact, the above judicial interpretation only stipulates one way of compensation, that is, the fixed compensation method, and the one-time payment compensation is implemented. 2. One-time compensation for funeral expenses means determining the compensation amount according to the standard. In accordance with the provisions of the judicial interpretation of the Supreme Court, compensation for six months shall be paid according to the average monthly salary of employees in the last year where the Court of Appeal is located. Among them, the average monthly salary of employees is determined according to the statistical data of the average monthly salary of employees in all provinces, autonomous regions, municipalities directly under the central government, special economic zones and cities with separate plans published by the government statistics department.

Legal objectivity:

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 in the previous year; (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.