Point of View | Preliminary Combing of Survivor's Living Difficulties Subsidy
Published:
2023-12-19
Subsidy for living difficulties of immediate family members refers to the non-work-related death treatment enjoyed by enterprise employees who died due to illness or non-work-related death, including funeral subsidy, one-time relief fee and subsidy for living difficulties of immediate family members. Due to the relatively small number of personnel involved, it may also be the most trivial content in the treatment of non-work-related death, which is specially sorted out for reference.
Subsidy for living difficulties of immediate family members refers to the non-work-related death treatment enjoyed by enterprise employees who died due to illness or non-work-related death, including funeral subsidy, one-time relief fee and subsidy for living difficulties of immediate family members. Due to the relatively small number of personnel involved, it may also be the most trivial content in the treatment of non-work-related death, which is specially sorted out for reference.
1., judging from the changes over the years, this system has undergone great changes since the 1950 s.
Among the regulations at the national level, the 1951 draft rules for the implementation of the Labor Insurance regulations and the 1953 draft amendment to the rules for the implementation of the Labor Insurance regulations stipulate that when an employee dies due to illness or non-work-related injury, in addition to funeral subsidies, relief for immediate family members shall be paid. In 1973, the hardship allowance was changed to the unit and increased as appropriate, and the hardship allowance was abolished in 1977. The relief benefits enjoyed by survivors under the Social Insurance Law of 2011 include funeral subsidies and pensions, but the specific standards for funeral subsidies and pensions are not clearly stipulated, which are formulated by the provinces themselves.
Taking Shandong Province as an example, the earliest regular living allowance was issued on October 21, 1988 by the former Shandong Labor Department, Finance Department and Federation of Trade Unions "Notice on the Treatment of Non-work-related Workers Supporting Immediate Family Members" ([88] Lu Lao Insurance Zi No. 397). The document stipulates that "one-time relief for supporting immediate family members" is changed to "regular living allowance", which includes two items, that is, funeral subsidies and regular living allowances for dependent relatives. On October 30, 1990, the "Notice on Adjusting the Death Treatment of Enterprise Employees" ([90] Lulao Insurance Zi No. 600) added a one-time relief fee. In 1993, the notice on adjusting the standard of living difficulties subsidy for employees of state-owned enterprises who died due to work and non work-related death (Lulaofa [1993] No. 343) renamed "regular living allowance" as "living difficulties subsidy for supporting immediate family members", including funeral subsidy, one-time pension or relief fee and living difficulties subsidy for supporting immediate family members. Subsequently, it was adjusted regularly in 2003, 2007, 2012 and 2018, and these three projects were maintained for a long period of time.
On September 1, 2021, the Interim Measures for the Treatment of Survivors of Basic Pension Insurance for Enterprise Employees (No. 18 [2021] of the Ministry of Human Resources and Social Security) unified the payment items and standards for non-work-related death benefits. From that date onwards, the survivor's treatment of the worker's non-work-related death consists of two items, namely, funeral allowance and pension, and the monthly hardship allowance is canceled. Subsequently, the "Notice on Doing a Good Job in the Treatment of Survivors of Basic Pension Insurance for Enterprise Employees" (Lu Renshe Zi [2021] No. 109) takes September 1, 2021 as the node, and clarifies that the death after September 1, 2021 For insured enterprise employees, survivors receive a one-time funeral subsidy and pension, and no longer receive regular living difficulty subsidies. Employees of insured enterprises who died before August 31, 2021 shall still be subject to the items, standards and expenditure channels stipulated in the original policy. In other words, starting from September 1, 2021, monthly living allowances will no longer be paid, but those that have been received before will still be implemented in accordance with the original policy.
2. from the definition of the subject of the recipient, the qualification has been relaxed compared with before, but it has also caused some disputes in reality.
According to the provisions of the letter of the general office of the Ministry of labor and social security on the reply opinions on the issues related to the support of the immediate family members (labor and social security department letter [2004] No. 176) and the provisions on the scope of supporting relatives of employees who died in work, it mainly includes the spouses of workers who have died at work (men over 60 years old and women over 55 years old), parents (men over 60 years old and women over 55 years old), children (under 18 years old) and grandparents, grandparents, grandchildren and grandchildren.
On August 30, 1999, the Shandong Provincial Social Labor Insurance Office's "Reply on the Determination of Issues Related to the Support of Immediate Family Relatives of Enterprise Employees" (99) Lu She Insurance Zi No. 15) expanded the scope, and the employee's grandmother, mother, If the wife is over 50 years old, those who meet the conditions can also be listed as dependent immediate family members.
It can be seen from the above regulations that the age range of the mother and wife of employees in Shandong Province has been expanded to 50 years old, but there are also restrictions, requiring no job, no stable income, and the main source of income depends on the employees to maintain the minimum living standard of local residents. Conversely speaking, those who have the ability to work, can obtain labor remuneration, and can maintain a minimum standard of living are not included in the scope of receipt.
In real life, for the situation that the parents of non-work-related workers have other children, the identification standards vary from place to place. In principle, whether the non-work-related worker is the only child of the parents does not affect the parents' main qualification of supporting relatives. In addition, the spouse who remarries will lose the qualification for support, and the dependent relatives who die will also lose the qualification for support. The survivors who have received the living difficulties allowance are sentenced to criminal detention, fixed-term imprisonment or more or reeducation through labor, and stop enjoying the life of the survivors during the sentence or reeducation through labor. Difficulty allowance.
3., from the perspective of the payment subject of the survivor's subsidy, there is a dispute between the employer and the social security co-ordination fund.
The Shandong Provincial Department of Human Resources and Social Security, the Provincial Federation of Trade Unions, and the Provincial Department of Finance "Notice on Adjusting the Standard of Subsidies for the Living Difficulties of the Immediate Family after the Death of Enterprise Employees Due to Illality or Non-work" (Lu People's News Agency [2018] No. 56) It is stipulated that if the funds required for the living difficulties of survivors have been included in the basic pension insurance social overall planning, they shall be paid from the overall planning fund; if they are not included in the overall planning.
The Shandong Provincial Department of Labor, the Department of Finance, and the Federation of Trade Unions Lu Laofa [1997] No. 430 "Notice on Adjusting the Standards for Living Difficulties of Survivors after the Death of Enterprise Employees Due to Illness or Non-Work" stated that "If the above-mentioned expenses have been included in the social overall planning, they shall be disbursed from the overall planning fund; if they have not been included in the social overall planning, the enterprise shall be disbursed from the management expenses." From this point of view, Lu People's Social Development [2018] No. 56 document provides that "not included in the social co-ordination, from the original channel" the original channel should be the enterprise from the management costs.
As a result of the above statement, there has been a great controversy in reality, and the useful person unit has used this as an excuse to claim that the living difficulties subsidy for the support of the immediate family members should be paid by the basic old-age insurance fund, and some judgments have rejected the prosecution of the family members of the deceased workers on this ground. So, how to understand that "if the funds needed for the living difficulties of the survivors have been included in the social overall planning of the basic old-age insurance, they shall be disbursed from the overall planning fund; if they have not been included in the social overall planning, they shall be disbursed from the original channels. "What about the expression? We believe that the above expression regulates the required funds rather than the personnel, and the dispute is mainly measured by whether the non-work-related death employees participate in the basic pension insurance.
Which of the funds required for survivors' benefits have been included in the system and which have not? According to the document No. 56 [2018] issued by Lu Renshe Society, No. 92 issued by Lu Renshe Society (2013) and No. 74 issued by Lu Renshe Society (2012), there are two kinds of groups applicable to the document. The first one is the employees of the enterprise, and the second one is the retirees. Whether the funds needed for the living difficulties subsidy for the survivors are included in the overall planning depends on whether they are retired employees or not, according to the provisions of the Shandong Provincial Department of Labor and Social Security and the Shandong Provincial Department of Finance "Notice on Incorporating the Subsidy for the Survivors' of Enterprise Retirees into the Social Overall Plan" (Lulao Society [2008] No. 54), from January 1, 2009, the subsidy for the survivors of enterprise retirees will be included in the social overall plan of basic old-age insurance. This also explains the original channel stipulated in the above-mentioned documents for the fund payment channels, that is to say, the survivor subsidy for enterprise retirees is included in the social pooling of basic old-age insurance, and if the on-the-job employee dies due to illness or non-work, the living difficulties subsidy for supporting the immediate family members shall be listed from the enterprise management expenses in accordance with the document Lulaofa [1997] No. 430. Of course, the implementation scale varies from place to place, and there are their own operational regulations for inclusion in the overall planning, which should be subject to local regulations.
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