The consequence of monopolizing funeral expenses and pensions is detention.
Funeral expenses shall be collected by the first heir, his parents, children and spouse. The specific division of pension should be decided by the court according to the economic dependence of the obligee on the deceased, the intimacy of life, the maintenance relationship and other specific circumstances. Therefore, it can be said that whoever takes care of the elderly will have the priority to inherit the pension.
The payment standards for pensions and funeral expenses are as follows:
1, a one-time pension, if it is a work-related death, then the one-time pension is 20 months' basic salary;
2. One-time pension, which belongs to illness and death, is the basic salary of 10 month;
3. Funeral expenses: 4,000 yuan for those who died of illness and 5,000 yuan for those who died in the line of duty.
4. Survivors' living difficulties subsidies: non-farmers 1 person-month subsidies 2 10 yuan, two or more people-month subsidies 190 yuan, agricultural registered permanent residence-month subsidies 170 yuan, and two or more people-month subsidies 150 yuan.
In addition to the corresponding death compensation, employees or public officials also need to pay related funeral expenses, which is also one of the compensation items stipulated by the state.
The collection process of funeral expenses and sex pension is as follows:
1. The legal heir shall declare the funeral subsidy to the social insurance agency within 3 months;
2. Fill in the application form for the death and funeral subsidy for enterprise retirees, and prepare the information such as the cremation certificate of retirees and the ID card of the agent;
3, social service accounting retirees death treatment;
4. The heirs of retirees enjoy relevant treatment.
To sum up, monopolizing funeral expenses and pensions belongs to civil disputes and can be solved through legal procedures. Generally speaking, funeral expenses cannot be deducted from the death pension, because the pension is paid to the relatives of the parties to maintain their lives, but it can be deducted from the inheritance.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 270 of the Criminal Law of People's Republic of China (PRC)
Those who illegally possess other people's property, fail to keep it properly, and refuse to return it, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. This crime can only be dealt with if it is spoken.
Article 224 of the Criminal Code of People's Republic of China (PRC).
Whoever encroaches on public or private property for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or fine; If the amount is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 236 of the Criminal Law of People's Republic of China (PRC)
Illegal money and stolen goods that have been embezzled, misappropriated, privately divided or committed other crimes of embezzling public property shall be recovered or ordered to pay the price; The money recovered or ordered to be paid shall be turned over to the state treasury.
Article 122 of the Civil Code of People's Republic of China (PRC)
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.