When will the pension be implemented?
When will the pension be implemented?
1. When will the pension be implemented?
After the death of on-the-job (retired) personnel of state organs and institutions, a one-time pension and funeral expenses will be issued. At present, the latest standards are: the one-time pension for a martyr after death is 80 months of his basic salary (retirement fee), 40 months of death in the line of duty and 20 months of death due to illness. As for funeral expenses, cremation is the only way to collect them. There is no uniform standard. Generally, it is a one-time subsidy of three months' basic salary (retirement fee), which is used at one time and does not need to be refunded or supplemented.
If the survivors of the deceased have difficulties in living, they may apply for subsidies. This survivor refers to the immediate family members supported by the deceased, including the spouse, children, parents, grandparents, grandparents, grandchildren, grandchildren, brothers and sisters of the deceased. Children, including children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency, among which, children born in wedlock and children born out of wedlock include posthumous children; Parents, including biological parents, adoptive parents and stepparents with dependency; Brothers and sisters, including brothers and sisters of the same parents, half-brothers, half-brothers, and stepbrothers and sisters who are dependent.
Not everyone in the above range can apply. Those who take the salary or pension of the deceased as their main source of livelihood are eligible for living allowance for survivors only if they meet one of the following conditions within 30 days after the death of the deceased.
1, completely losing the ability to work;
2. The spouse of the deceased is 60 years old for men and 50 years old for women;
3. The parents of the deceased were 60 years old for men and 50 years old for women;
4. The deceased's children are under 16 years old, or have reached 16 years old but are still studying in universities, primary and secondary schools;
5. Both parents of the deceased have passed away, and the grandfather has reached the age of 60 and the grandmother has reached the age of 50;
6. The children of the deceased and their spouses have died or completely lost their ability to work, and their grandchildren are under the age of 16;
7. Both parents of the deceased have died or completely lost their ability to work, and their brothers and sisters are under the age of 16.
Second, what is the scope of the heritage?
According to the provisions of the Civil Code, heritage is the personal legal property left by citizens when they die, including: citizens' income; Citizens' houses, savings and daily necessities; Citizens' trees, livestock and poultry; Cultural relics, books and materials of citizens; The law allows citizens to own the means of production; Copyright and patent rights in citizens' property rights; Other lawful property of citizens. "According to this regulation, heritage is the personal legal property left by citizens when they die. We can understand the concept of heritage from the following aspects:
1. Legacy is the property left by the decedent when he dies. This is the time limit of inheritance. Before the decedent's death, his property cannot become an inheritance, and there is no inheritance problem. In practice, some children will divide the so-called "inheritance" during their parents' illness and hospitalization. This kind of behavior is not only immoral, but also illegal, that is, it violates the property rights of others.
2. The inheritance is the personal property of the decedent, and the property that does not belong to the individual cannot become the inheritance. This is the limitation of the scope of the heritage. In reality, a large number of rented public houses do not belong to the heritage, which is the reason.
3. Legacy is the legal property of the decedent, not the property legally acquired and enjoyed by the decedent, and cannot be a legacy. This is the legitimacy and legitimacy of the heritage. Property acquired by the decedent without legal basis, such as property illegally occupied by the state, the collective or other individuals, cannot be regarded as heritage, and property that is not allowed to be owned by individual natural persons by law cannot be regarded as heritage.
Article 122 of the Civil Code defines heritage. 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.
To sum up, the pension was implemented ten years ago, but the specific standards of the pension will be different according to the specific circumstances, but the death pension is given to the close relatives and dependents of the deceased and should be inherited by its legal person.