Funeral expenses refer to the funeral expenses paid by the victim's relatives when the natural person's right to life is violated. Generally used for clothes, cosmetic surgery, body storage, transportation, farewell ceremony, cremation, urn and ashes storage of the deceased, is obviously a kind of property loss, and the compensation obligor should compensate for this loss.
The latest provisions of funeral expenses pension in Shaanxi Province are as follows:
1, one-time death pension, 20 months basic salary;
2. One-time pension for death due to illness, 10 month basic salary;
3. Funeral expenses standard: 4,000 yuan due to illness; Work 5000 yuan;
4. Subsidy standard for survivors' living difficulties: non-farmers receive a monthly subsidy of 2 10 yuan; Monthly subsidy for more than two persons per person 190 yuan; Agricultural registered permanent residence 17 one person per month; More than two people per person per month 150 yuan;
5. Among the above objects, it is determined that the survivors of work-related deaths will issue additional 65 yuan, and 80 yuan, War of Resistance against Japanese Aggression does not include spouses; The Red Army does not include spouses; Additional payment 100 yuan can be paid to 70 yuan if the survivor is one person.
Calculation method:
1. Funeral expenses 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. 2. Compensation for death:
1) The death compensation shall be calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the court of appeal is located, and calculated according to 20 years;
2) For those over 60 years old, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
3. others. Other reasonable expenses such as transportation expenses, accommodation expenses and lost time expenses incurred by the relatives of the victims in handling the funeral.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 27 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
Funeral expenses are calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located.
Article 39 of the Regulations on Industrial Injury Insurance
If an employee dies at work, his close relatives shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the industrial injury insurance fund in accordance with the following provisions:
(a) the funeral subsidy is the average monthly salary of employees in the overall planning area for 6 months;
(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.
Article 8 of the Civil Code of People's Republic of China (PRC)
Civil subjects engaged in civil activities shall not violate the law or public order and good customs.