First, the standard of funeral expenses
The calculation standard is: the average monthly salary of local employees in the previous year (or the first 12 months) ×6 months; It shall be collected by the immediate family members of the deceased. If there is no immediate family member, it shall be collected by the person or organization that organized the burial as appropriate, and relevant certificates shall be issued. Funeral expenses are unified, which only change with time and region, and are not affected by the age of the deceased or other factors. For example, if the average monthly salary of employees in a certain area is 4, yuan, then the funeral expenses in this area in 219 will be uniformly calculated at 24, yuan. The principle of "no refund for less, no supplement for more" is applied to the funeral expenses, that is, the amount actually spent by family members to bury the deceased is more than the funeral expenses, and there is no additional subsidy.
II. Calculation standard of funeral expenses
Treatment of employees and retirees who died of illness or non-work-related:
(1) Funeral allowance and one-time relief for immediate family members shall be paid in one lump sum according to the average social salary of 3 months and 1 months in the previous year of this Municipality respectively.
(2) The relief fund for supporting immediate family members shall be paid to each person every month according to the sum of local living difficulties subsidy standard and price subsidy.
(3) If the immediate family members are left alone, the monthly living allowance they receive will be paid at 2% of the living allowance standard for the employees of local urban enterprises.
third, the process of collecting funeral expenses for retirees
1. Bring the household registration book, the deceased's ID card, two medical insurance cards and one card (if all the cards are consumed, they will not be sent back), and the three receipts issued in the cremation hall will be transferred to the deceased's unit.
2. If the file of the deceased is not in the original unit, the original unit will handle a green shift certificate for you according to the documents provided by you, and at the same time, one of the three receipts will be left. You can transfer your personal files to the archives room of the labor and employment bureau (department) in your area with the green file transfer certificate.
3. If a child files a transfer, the spouse of the deceased must first write a power of attorney, and the staff of the archives department will ask you to copy the household ID card and cremation receipt of the deceased to the archives room. After pulling up the files of the deceased, at this point, you still have two receipts left in your hand. Keep one of them for yourself, take the last receipt (cremation receipt) to the community where the deceased is located, and ask the community director to stamp the round seal of the community on the back of the receipt. You can take the cremation certificate, stamped receipt, personal file and ID card of the deceased to the special funeral office of the social insurance company to settle the one-time funeral allowance.
4. The staff will check the salary data in your personal file with the data in the computer. After checking, they will print out four tables, the contents of which are funeral expenses in 4 yuan (slightly different regions) plus 1 months' salary. The person who handles the matter will stamp the personal seal on the four forms, then go to the settlement office of the social security hall for review, and then stamp the personal seal of the staff who reviewed it, and then go back to the place where the seal was first stamped and let the department head stamp the personal seal again. After handling, return the personal files to the labor department. After returning the files, ask the archives department to put a round seal on the four forms. At this time, the forms have three personal names and a round seal. One of them is kept in the file, and the other three are sent to the social insurance company for settlement.
5. The staff will tell you that all the funeral expenses will be paid to the salary card of the deceased one month after the completion of the processing (note: the salary of that month is paid normally).
How is the standard of funeral expenses for retirees in 221 stipulated?
The specific standard of funeral expenses for retirees in 221 varies from place to place. Please consult the local human resources and social security bureau for details.
The following are the latest regulations on funeral expenses subsidies in the State Council.
Reply of the Ministry of Human Resources and Social Security to Recommendation No.557 of the Second Session of the 13th National People's Congress
Your suggestion on accelerating the establishment of a national funeral subsidy system for urban and rural residents' basic old-age insurance has been received. After consulting with the Ministry of Finance, the reply is as follows:
Formulating a subsidy policy for urban and rural residents' funeral expenses is of great significance to improving the old-age insurance system for urban and rural residents, safeguarding the basic rights and interests of the insured, embodying social equity, maintaining fund security and promoting the sustainable development of the system. Since the State Council's Opinions on Establishing a Unified Basic Old-age Insurance System for Urban and Rural Residents (Guo Fa [214] No.8) was issued, 21 provinces in China have established a funeral subsidy system at the provincial level according to local conditions.
There are mainly three ways: First, the unified funeral subsidy standard is implemented in the whole province, such as Tianjin, which stipulates that the funeral subsidy standard is 18 yuan; Second, the province's unified funeral subsidy standards, such as the Inner Mongolia Autonomous Region stipulates that the funeral subsidy standard is calculated according to the 12-month basic pension standard; Third, it is determined by local governments according to the standard range of funeral subsidies stipulated in the province. For example, the standard range of funeral subsidies stipulated in Shandong Province is 5 to 1 yuan. Although other provinces have not established a funeral subsidy system at the provincial level, they support and encourage cities and counties to explore the establishment of a funeral subsidy system for urban and rural residents in light of local conditions.
in the next step, we will actively promote the good experiences and practices of provinces that have introduced the funeral subsidy system for urban and rural residents, guide and urge places that have not yet introduced policies to issue relevant policy documents as soon as possible, and guide and encourage qualified places to establish a funeral subsidy system for urban and rural residents in line with the actual situation of this province. At the same time, in conjunction with relevant departments, we will study and improve the funeral subsidy system for urban and rural residents' old-age insurance to effectively protect the relevant rights and interests of the people.
is the funeral expenses an inheritance?
Legacy is the personal legal property left by citizens when they die, and its scope includes
(1) citizens' income;
(2) citizens' houses, savings and daily necessities;
(3) citizens' trees, livestock and poultry;
(4) citizens' cultural relics and books;
(5) The law allows citizens to own the means of production;
(6) citizens' property rights in copyright and patent rights;
(7) Other lawful property of citizens.
Funeral expenses are a kind of subsidy given by the deceased unit to the relatives of the deceased to deal with the funeral affairs of the deceased, which belongs to the scope of "survivor's allowance". Funeral expenses all occur after the death of the deceased, and do not belong to the legal property left by citizens when they die, so they should be classified as family property.
how to allocate the funeral expenses in p>221?
generally, it is allocated to those who actually spend funeral expenses. Funeral expenses are the compensation made by social security departments or units to the families of the deceased, and the payment of funeral expenses should be based on the principle that whoever pays owns it. Funeral expenses are related expenses incurred by the close relatives of the deceased when handling the funeral affairs of the deceased, generally including corpse transportation expenses, cremation expenses, farewell ceremony expenses, urn purchase expenses, ashes storage expenses, etc. Those who enjoy the split pension and funeral expenses should be the close relatives of the deceased, that is, the parents, spouses and children of the deceased, and those who rely on the support of the deceased.
according to article 3 of the law of succession of the people's Republic of China, funeral expenses and pensions issued by the government and work units do not belong to the inheritance and cannot be distributed by inheritance. Funeral expenses shall be used for the burial of the deceased and shall be enjoyed by the interested parties who specifically undertake the funeral of the deceased; The pension is used to appease the close relatives of the deceased and is obtained by the close relatives.