Funeral expenses refer to the expenses of funeral expenses incurred by the relatives of the victim when the victim dies due to the violation of the natural person's right to life. It is generally used for clothing, cosmetic surgery, body storage, transportation, farewell ceremony, cremation, urn and ashes storage of the deceased, which is obviously a kind of property loss, and the obligor for compensation for such loss should compensate.

How to calculate the funeral expenses? What is its formula?

Funeral expenses = the average monthly salary of employees in the last year where the court of appeal is located ×6 months.

It is worth noting that this calculation formula is a legal standard. Even if the expenses for handling the funeral of the deceased exceed the six-month total of the average monthly salary of employees in the last year where the court of appeal is located, the injurer does not have to pay the excess, but the family members of the deceased bear it themselves.

legal ground

The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 27 The funeral expenses shall be calculated according to the average monthly salary of employees in the last year where the court of appeal is located, with a total amount of six months.

From this point of view, the specific amount of compensation for the funeral expenses will change every year. This requires the parties concerned to pay attention to the annual average monthly salary standard of employees in your area.

The latest relevant laws and regulations on pensions

(a) with reference to the civil service law management institutions staff and retirees death one-time pension standards and payment methods, in accordance with the provisions of the Ministry of Civil Affairs, Ministry of Personnel, Ministry of Finance "on the state organs staff and retirees death one-time pension payment method notice" (Minfa [2007] No.64).

(II) According to the Notice of the Ministry of Labor and Social Security, the Ministry of Personnel, the Ministry of Civil Affairs and the Ministry of Finance on Issues Related to Work-related Injuries of Staff of Non-profit Organizations in Institutions (No.36 [2005] of the Ministry of Labor and Social Security), if the staff of institutions participating in industrial injury insurance in the overall planning area died in the line of duty, the standard of one-time work-related death subsidy shall be implemented according to the provisions of local industrial injury insurance.

(III) The staff and retirees who have participated in the basic old-age insurance for enterprise employees and institutions have died of illness, and the one-time pension treatment is still implemented according to local regulations.

(4) In addition to the above-mentioned circumstances, the standard of one-time pension for the death of staff and retirees in public institutions has been adjusted from 10/day in 2004 to: the basic salary or basic retirement fee for 40 months before my death in the line of duty, and the basic salary or basic retirement fee for 20 months before my death. The pension benefits of martyrs shall be implemented in accordance with the relevant provisions of the state. The funds needed to pay the one-time pension for the death of staff and retirees of public institutions shall be solved according to the original channels.

1, one-time pension for work-related death, 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; 5,000 yuan for work (business);

4. The subsidy standard for survivors' living difficulties: one-person monthly subsidy for non-farmers 2 10 yuan; Monthly allowance for two or more persons 190 yuan; Agricultural registered permanent residence one person/month 170; Two or more persons per month 150 yuan.

5. Among the above objects, it is determined that the survivors who died at work will be issued with 65 yuan and 80 yuan (excluding spouses) in War of Resistance against Japanese Aggression; Red Army (excluding spouse); Additional issuance 100 yuan. If the survivors are alone, they can issue additional 70 yuan.

There are two kinds of pensions: disability pension and death pension. Pensions have the following characteristics:

1. Pensions are not taxed.

Second, the pension does not include personal income.

Three, the pension can not be divided as the property of husband and wife.

Four, the pension can only be judged according to the specific circumstances whether it can be used as an inheritance.

Pensions, also known as pension fees, are paid by the state or relevant units to the families of the deceased or disabled employees in accordance with relevant regulations. Workers of state organs, enterprises, institutions and social organizations, who are injured in the line of duty and are determined to be disabled and completely incapacitated for work, the relevant state organs, enterprises, institutions or social organizations shall issue pensions to disabled workers until their death. After the death of a disabled employee, the part that has been distributed but not used up and the part that should be distributed belong to the legacy of the disabled employee and can be inherited.

1 When employees of state organs, enterprises, institutions or social organizations die in the line of duty, they will regularly pay certain pensions to the immediate family members supported by the deceased according to certain standards until the dependents reach adulthood or lose their support conditions. This pension is paid to the immediate family members of the deceased employees. Therefore, the property belonging to the immediate family members cannot be inherited by all heirs as the inheritance of the deceased employees.

2. Pensions for Death Caused by Traffic Accidents For citizens who died in traffic accidents, the accident unit should give a certain amount of pensions to the immediate family members supported by the deceased. These pensions are paid to the dependents and belong to the dependents' property, not the deceased's estate, and cannot be divided by inheritance.

3. Pensions paid for the disability and sacrifice of revolutionary soldiers According to the provisions of China's military service law, if an active soldier is disabled in the war or injured in the line of duty, the army will assess the disability level, issue a disabled soldier's pension certificate and a one-time pension. These pensions are paid to disabled soldiers and belong to their personal property. After their death, they can be used as inheritance and inherited by their heirs.

If an active serviceman dies of illness or sacrifice, the state shall give his family a one-time pension as stipulated in China's military service law; If their families are unable to work or have no fixed income, they will be given pensions regularly by the state. These pensions belong to the families of soldiers and cannot be treated as their inheritance after death.

People who enjoy pensions must meet two conditions: one is the immediate family members of the deceased, and the other is that these relatives mainly rely on the support of the deceased before his death. These two conditions must be met at the same time.