After the death of a flexible employee, can he receive a pension and funeral allowance like an employee of the employer? What is the basis for calculating the entitlement?
In accordance with the provisions of the "Interim Measures for the Treatment of Survivors of Basic Pension Insurance for Enterprise Employees" jointly formulated by the Ministry of Human Resources and Social Security and the Ministry of Finance in 2021. For workers who have participated in the pension insurance for urban employees and paid social security pension fees in accordance with the regulations, including in-service employees, retirees and flexible employees. All of them can enjoy the uniform pension and funeral expenses stipulated by the state.
Participate in the old-age pension insurance for urban employees as a flexible employment person. In fact, the pension insurance for enterprise employees paid by in-service employees belongs to the pension insurance for urban employees. Therefore, as long as the conditions for the corresponding contribution are met. Whether before or after retirement, due to illness or accidental death, you can receive funeral allowance and pension.
What are the benefits of funeral expenses and pensions?
Before the promulgation of the measures in 2021, the funeral subsidies and bereavement benefits of employees were implemented by the corresponding policies formulated by the provinces, autonomous regions and municipalities directly under the Central Government in accordance with local conditions. As a result, the forms and standards of benefits are complex, with in some places being paid a fixed amount and in others being paid in multiple of the average monthly income of retirees or active workers in the previous year. After the implementation of the "Measures", special provisions have been made for the treatment of the survivors of insured employees.
The survivor's benefit includes both a funeral grant and a bereavement pension.
The funeral allowance is calculated and paid at twice the per capita disposable income of urban residents in the previous year in the year in which the retirement is handled. For example, if an employee in Sichuan dies after retirement, the funeral subsidy is calculated at twice the per capita disposable income of Sichuan residents in the previous year. If the per capita disposable monthly income of a resident in the previous year was 3,000 yuan, his funeral allowance is 6,000 yuan. Similarly, if the per capita disposable monthly income of residents in Shanghai in the previous year was 8,000 yuan, the funeral subsidy is 16,000 yuan.
Of course, it should be noted that the funeral subsidy is calculated based on the per capita disposable income of the resident who handles the place of retirement, which mainly refers to the place where his retirement is handled, not the place of household registration.
If the household registration is in Shanghai, but the retirement is handled in Chengdu, then when calculating his funeral subsidy, it must be handled according to the standards of Sichuan.
The part of the pension after the death of an employee is also calculated based on the per capita disposable monthly income of the resident in the place of retirement for one year.
The pension is paid in accordance with the monthly disposable income per capita of the resident of the place of retirement for 9-24 months, and the time of receipt is related to the number of years of contribution of the employee and the time of receiving the pension.
If you have paid for 15 years, you can receive it for 9 months. For those who have contributed for more than 15 years, the pension will be increased by one month for each additional year. It can be accumulated up to 24 months.
For example, if he has paid for 20 years, his basic pension is 9 months, plus the additional 5 months after he has paid 5 more years, for a total of 14 months. If contributions have been made for 30 years, the total amount of the pension is 25 months, and at that time, contributions over 30 years can only be counted up to 24 months.
At the same time, it should be noted that if the pension is initiated, the pension is reduced by one month for each year of pension. However, the minimum standard of the post-death pension is not less than 9 months. For example, retired employees, paid for 30 years, Chengdu for retirement, pension after one year of death due to illness, at this time, his pension is (24-1) months, assuming that the per capita disposable monthly income of Sichuan residents in the previous year of death is 3,500 yuan, then the pension standard after death is 23 months, a total of 80,500 yuan of pension.
To sum up, people who are flexibly employed. Although there is no unit, as long as you participate in the pension insurance for urban employees, you can also enjoy the same social security survivor treatment as the employees of the unit after death, and receive funeral subsidies and pensions. Of course, it is also necessary to point out that due to the different economic development of various regions, the benefits of retirement insurance in places with higher economic development will definitely be higher than those in less economically developed areas.