What Does a Pensions Administrator Do?
The dependent relative's pension refers to the death of an employee due to work and the disabled employee's death due to work-related injury during the period of stoppage of work. The employee will be paid a relative who provides the main source of living and is unable to work. Compensation for the cost of maintaining basic living, etc. The death of an employee due to work has led to the loss of a living source for the relatives who provide the main source of living and the inability to work. The basic life is difficult to maintain. The direct cause of this situation is a work-related accident, so their immediate family members should be compensated.
Dependent relative pension
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- Provisions on Supporting Relatives' Pensions "Injury Insurance Regulations"
- Article 37 (1) (2) The dependent relative's pension is paid to the relatives who are the main source of living and incapable of working due to the death of the employee in accordance with a certain percentage of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for other relatives, and 10% increase per month for orphans and orphans. The sum of the approved pensions of each dependent relative shall not be higher than the salary of the employee who died as a result of work. The specific scope of dependent relatives shall be prescribed by the labor security administrative department of the State Council.
- Regulations on Handling Medical Accidents
- Article 50, item 8: Living expenses of dependents: To the extent that the deceased or the disabled are physically supported and have no working capacity before the incapacity, they shall be calculated in accordance with the minimum living security standards of the residents of the place of residence or residence. Those who are under the age of 16 are raised to the age of 16. Those who are over 16 years old but have no working ability shall be supported for 20 years; however, those who are over 60 years old shall not exceed 15 years; those who are over 70 years old shall not exceed 5 years.
- Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases of Compensation for Personal Damage
- Article 28 The living expenses of the dependants are calculated based on the degree of incapacity of the dependants, according to the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents at the place where the respondent court is located. If the dependant is a minor, it shall be counted to the age of eighteen; if the dependant has no working ability and no other source of living, it shall be counted as twenty years. However, for those over the age of sixty, the age is reduced by one year for each additional year; for those over the age of seventy-five, it is calculated as five years.
- Interpretation of the Supreme People's Court on Several Issues in the Trial of Cases of Electricity Damages
- Article 4 (1) (9): The living expenses of the dependants: The living expenses of the deceased or the disabled before the incapacitated persons have no other source of living shall be the limit, and shall be calculated according to the basic living standards of the local residents. If the dependant is under the age of 18, the living expenses shall be calculated to the age of 18. If the dependent has no working ability, the living expenses are calculated for 20 years, but for those over 50 years of age, the maintenance expenses are reduced by one year for each additional year, but the minimum period for calculating the living expenses is not less than 10 years; the dependents are 70 For those over the age of one, the maintenance fee is only five years.
- Opinions of the Guizhou Provincial Department of Labor and Social Security and the Guizhou Provincial Department of Finance on Adjusting the Disability Pension for Workers Injured Before Work, the Dependent's Pension and Living Care Expenses Due to Death Due to Work [2005] 6 number
- Municipal, state, and local labor and social security bureaus, and relevant units:
- In order to protect the legitimate rights and interests of dependents of employees who are disabled due to work-related injuries and deaths, in accordance with the State Council's Work Injury Insurance Regulations, the Guizhou Province's Measures for the Implementation of the Work Injury Insurance Regulations, and the former Ministry of Labor's
- One of the following situations:
- Total incapacity;
- Spouse: 40% of the monthly salary of the employee
- Other relatives: 30% of the monthly salary of each employee
- Orphans or orphans: 10% increase from the above criteria