Every farmer who participates in pension insurance basically pays contributions for 15 consecutive years up to and including the age of 59, and then begins to receive a pension when he reaches the age of 60, which he receives until the time of his death. Therefore, if a person dies at the age of 80, then the person's pension can only be received until the age of 80, strictly speaking, since the person died, the receipt of pension will naturally terminate, can not be more than one month.
A villager's birth and childbirth, as well as death information, it can be said that each villagers' committee has a specialized statistical staff to manage a village full of life and death thin, 100% accurate grasp of each person's dynamic information, as long as there is a villager's death, the statistical staff will be immediately registered, and will be responsible for the timely reporting to the next level of the people's government of the relevant departments and the police station, there is no possible There can be no vacuum of unreported deaths. If a full-time employee intentionally false, to take the sale of favors to conceal the death of information, resulting in a dead villager's family members are still fraudulent pension, once investigated and dealt with, the public security organs in conjunction with the disciplinary departments, not only to recover the fraudulent pension, but also to pursue disciplinary violations of the relevant responsibility.
People died, do not exist to continue to receive a pension, do not steal the chicken, etching rice, do anything according to the law is to do a decent person hard truth.
To be honest, from the establishment of the retirement system in our country, the payment of pension benefits has continued for decades, has formed a set of inherent supervision mechanism, will not be because the individual did not report the information, will be able to continue to receive the pension.
Not only pensions, but also other social insurance benefits such as medical insurance, work injury insurance, maternity insurance, unemployment insurance, and so on, can't continue to be received after the death of the insured person. For example, in the case of maternity benefits and unemployment benefits, it is not true that the remaining benefits can be claimed in one go after the death of the person, but the benefits will be suspended from the next month.
In order to safeguard and maintain the security of the pension fund, our country has set up a system of pension eligibility certification. In the past, it took the form of centralized certification once a year. Due to the increasing number of recipients, like some people even appeared to move across provinces, such an annual certification work is too consuming in terms of social costs. Starting in 2018, the state abolished the centralized certification of pension eligibility and began to promote regularization of the certification work.
Localities first launched face-swiping applets for pension certification, so people could operate face-swiping certification through their cell phones.
Later, the human resources and social welfare departments opened up information from multiple platforms, including health insurance, civil affairs, transportation, household registration, and public **** security services, to open up a big data comparison, also known as "silent authentication". Generally speaking, as long as the insurance recipient is able to carry out activities in society, he or she will always leave traces of his or her activities as proof that he or she is still alive. In particular, the funeral information of the civil affairs department and the household registration information of the public security department can be grasped when people cancel their accounts. Failure to pass the pension certification, then the corresponding pension benefits will be stopped.
In addition, the staff of each community or village can also provide the corresponding social security services for the deceased family members, and of course, will do the corresponding supervision and urge the obligation.
In fact, after the death of a participant, the family will lose the opportunity to receive the pension fund, but the social insurance department will also issue a certain amount of funeral subsidies and pension entitlements to give the family a certain cushion. For example, in Shandong Province, the funeral subsidy for the basic pension insurance for urban workers is 1,000 yuan, but the pension (relief payment) in 2020 is as high as 67,870,000 yuan. Residents' pension insurance, the corresponding pension system has also been established around the world, usually three to six months above the basic pension rate.
If after the death of the participant, the family did not handle the death of the certification procedures in a timely manner, the pension more than a few months. The corresponding overpayment will be deducted from the entitlement at the time of death formalities. If the overpayment exceeds the amount that should have been paid out by the social security department, the social security department will order the person concerned to return it. Because this is a violation of the Social Insurance Law in fraud, fraudulent social security benefits, is illegal.
The survivor's treatment of basic pension insurance for urban workers, the state clearly will be implemented during the 14th Five-Year Plan. It may be able to pay long-term stable survivor's benefits to the family, just like the survivor's benefits of the workers' compensation insurance.
Absolutely you can claim it first, but after you claim it; do you consider how to spend it? Within three months it may not be a big deal, but as time goes by, this "illegal income" is a bit hot; it will face civil liability when it is discovered by the local pension granting organization; ultimately, it is a smart mistake that will cost you more than it's worth.
Illegal misappropriation of fraudulent others "pension", according to the amount of money, the circumstances are serious, the amount of money, in accordance with relevant state laws and regulations, characterized as illegal misappropriation, embezzlement penalties. Will face (pension agency prosecution) public prosecution prosecution to pursue legal responsibility.
Now is the rule of law society, whether you are in the countryside, the city, the management of personnel flows are information network (grid) management, no matter where you live; the location of the village committee (community) have information personnel to visit the registration information reported; if you say that you are in a foreign country, and the occurrence of accidents and deaths, first of all to the location of the report, public security organs to determine the cause of the accident, the issuance of death certificates, with the certificate to go to the crematorium cremation.
Absolutely impossible, people do not report the death; conceal the cause of death, privately pulled to the middle of nowhere to bury the matter, if so, is illegal and criminal behavior.
In fact, the vast majority of elderly people in rural areas, life has not paid what social security; only after 2009, the state only to give more than 60 years of age, the elderly, the monthly national basic pension; 31 provinces and cities basically a hundred dozens of dollars a month to three or four hundred yuan or so, of course, the Shanghai Municipal Government, Beijing Municipal Government to reach a thousand yuan a month.
There are some old people in the countryside who are retired public officials, and their pensions are higher; however, they have to go through the "online" or live in the community (village committee) every year, the identity of the annual review, in order to be able to pay the normal pension.
If they died of illness, the cowards know that the first on the location of the village committee (community) report, and _ with a death certificate, and then arrange for the funeral cremation; with the cremation of the certificate, and then go to the domicile of the police station cancellation of the household registration; and then ready to go to the Human Resources and Social Security Bureau of the relevant death materials, certificates to declare the "funeral expenses, pensions, consolation payments "This is also a legitimate income, which should be declared in accordance with the procedures to receive.
At present, the burial fees and pensions for normal deaths are as follows:
①: urban and rural residents participating in the "urban and rural residents' pension insurance"
With the death certificate issued by the village committee (community) of the location (including the death certificate of the hospital, the public security organs _ death certificate), go to the crematorium for cremation, and the death certificate will be sent to the public security organs. certificate), go to the crematorium to be cremated; according to the relevant policies of the Civil Affairs Bureau, the cremation fee can be reduced or exempted (normal cremation, excluding the cost of funeral ceremonies), and you can receive an urn (ordinary).
If you die, you can have your heirs apply for a refund of any unclaimed balance in your personal insurance account.
The "consolation money" is based on the policy of the location, and is almost non-existent.
②: Participating in the social security contributions to the retirement of the person who died
still cremated, and then to the pension issued by the Bureau of Human Resources and Social Security, declared the materials, to receive the "burial fee" and "consolation money"
Social security retirement of the burial fee The government has also provided a pension of 2 months in some provinces and cities, and a flat rate of 2,000 yuan per person in some provinces and cities.
"Comfort money", an additional 8 months of pension.
3: the establishment of institutions retired dead, according to the provinces and municipalities of the funeral and pension policy, there are 20 to 40 months of additional "basic pension" subsidies. Plus "burial expenses" 2 months additional basic pension amount.
Don't fool yourself and others, do something stupid, or honestly reported, so that the dead rest in peace, the living self-improvement struggle to go!
Indescriptive money is not desirable! That's illegal, and those with large amounts face legal liability.
The rural elderly are now basically participated in the urban and rural residents pension insurance. If a rural elderly person was 60 years old when the new rural insurance was first introduced, he or she can receive a monthly pension without making contributions. Nowadays, rural elderly people receive at least 100-odd yuan of old-age pension every month. If some rural elderly pay more pension insurance premiums, they can receive a larger pension.
The question of whether the rural elderly can continue to receive their pensions after they have died without reporting their deaths should be answered as follows:
One, if the information has not been reported, the social security authorities will certainly not know that the rural elderly have died, and the elderly's pensions will continue to be paid out.
Secondly, this continued payment, in theory, will not continue for a long time. First, in the village committee has a social security office staff, they will promptly report the information to the social security department, timely suspension of the pension of those who have died. Secondly, there is an annual certification of pension eligibility, and there is no way for this elderly person, who passed away, to be certified for pension eligibility after his death. Theoretically, the continuation of the pension is limited to a maximum of one year.
Three, in fact, due to the previous management of the pension is not too standardized, some of the qualification is not seriously processed, some of the death of a long time people are still receiving the pension situation still occurs. Now, after strict management, those overpaid pensions have been recovered, and some staff members have been penalized accordingly.
Four, if the rural elderly died, for various reasons, the social security department is still issuing pensions, their families can still be issued pensions can be taken in two ways, one is to return to the social security department, the second is to lead out of the use. The first method is preferable and is in accordance with the law. If the pension is returned to the social security authorities and the death of the elderly person is reported, the social security authorities will also pay a certain amount of funeral subsidy. The second method is not desirable, the overpaid pension was not your, you took out and used, is the misappropriation of social insurance funds, social security departments and their relevant departments are to recover. When the time comes, not only do you have to return the money, but it will also cause damage to your reputation. Serious cases may also be held legally responsible.
Fifth, if the rural elderly died, their families and the relevant social security personnel to take the approach of concealment, continue to receive the pension, it is a fraudulent social security fund behavior, not only to recover the excess pension, but also subject to severe penalties, not good, and may also violate the law, will be subject to criminal penalties.
So, after the death of the rural elderly, even if it is not yet time to report information, continue to pay the pension should not go to lead out with. Rather, you should report the information in time to the social security department to receive the funeral subsidy and return the overpaid pension. This is the normal behavior in accordance with the law. Otherwise, the overpaid pension will not only be returned, but will also bear the responsibility.
The above is a personal opinion, if there is something wrong, please criticize and correct.
Legal basis:
The People's Republic of China **** and the State Social Insurance Law, Article 15 of the basic pension by the integrated pension and individual account pension.
The basic pension is determined on the basis of the individual's accumulated years of contribution, the contribution wage, the average wage of local workers, the amount of individual account, and the average life expectancy of the urban population.
Article 16 Individuals who have participated in basic old-age insurance and who have accumulated fifteen years of contributions by the time they reach the legal retirement age shall receive a basic pension on a monthly basis.
Individuals who have participated in basic old-age insurance and have contributed for less than fifteen years by the time they reach the statutory retirement age may pay contributions until they reach fifteen years and receive a basic pension on a monthly basis; they may also be transferred to the new type of rural social old-age insurance or to the social old-age insurance for urban residents, and will enjoy the corresponding old-age insurance benefits in accordance with the provisions of the State Council.
Article 17 of the basic old-age insurance individuals, due to illness or non-work-related death, the survivors can receive funeral grants and pensions; in the case of illness or non-work-related disability caused by total loss of the ability to work before reaching the legal retirement age, you can receive invalidity allowance. The necessary funds are paid from the basic pension insurance fund.
Article 18 The State establishes a normal adjustment mechanism for basic pensions. The level of basic pension insurance benefits shall be raised in due course in accordance with the growth of the average wage of employees and the rise in prices.
Article 19 If an individual is employed across the integrated region, his basic pension insurance relationship is transferred with him, and the years of contribution are cumulative. When an individual reaches the legal retirement age, the basic pension is calculated in sections and paid uniformly. Specific measures shall be prescribed by the State Council.