Second, the funeral expenses collection process:
(1) Retired employees of enterprises
(2) Death at home
Bring the household registration book, the deceased's ID card, two medical insurance cards, one card (all cards should be consumed, and the cards should not be sent back), and three receipts issued by the cremation hall, and transfer them to the deceased unit. If the file of the deceased is not in the original unit, the original unit will handle a green shift certificate for you according to the documents you provide, and will leave one of the three receipts. You can hand over your personal files to the archives of the Labor and Employment Bureau (department) in your area with the green file transfer certificate. If the children handle the file transfer, the spouse of the deceased must write a power of attorney to handle it. The staff of the archives department will ask you to copy the ID card and cremation receipt of the deceased to the archives room. After pulling up the file of the deceased, at this point, you still have two receipts left in your hand. Keep one for yourself, take the last receipt (cremation receipt) to the community where the deceased is located, and ask the community director to stamp the circular seal of the community on the back of the receipt. You can take the cremation certificate, stamped receipt, personal file of the deceased and ID card to the special funeral office of the social insurance company to settle the one-time funeral subsidy.
Funeral expenses refer to the one-time expenses used for funeral matters when employees die or are disabled at work. Paid by the original work unit. According to the relevant national labor insurance regulations, the amount is generally the average salary of all employees of the enterprise for three months. When a staff member of a state organ dies, regardless of the level of the staff member, the funeral-related expenses are paid in a lump sum according to the prescribed amount, and the family members will master the lump sum use.
Third, the power of attorney to receive funeral expenses.
There should be a pension in addition to the funeral expenses. Successors can negotiate. After discussion, the funeral expenses and pension of XXX (the name of the relative) will be collected by AAA (the confirmed agent). Client: BBB (by fingerprint) ID number CCC (by fingerprint) ID number XX. DDD (by fingerprint), ID number: XX, EEE (by fingerprint) ID number: XX, XX, XX, XX.
The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 27 "Funeral expenses shall be calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located, and the total amount shall be six months." If a traffic accident causes death, the legal heir of the deceased or the person who undertakes funeral obligations has the right to claim funeral expenses. In the past, it was limited to the necessary expenses paid by the families of the deceased for burying the deceased. Many provinces and cities' funeral compensation standards are handled in accordance with the principles of the State Council's "Interim Provisions on Funeral Management" and the provisions of traffic accidents, and are limited to the total income of the deceased for six months before his death. About 3000-4000 yuan. Generally, it includes the transportation fee and cremation fee of the corpse. Reasonable expenses such as the purchase of urn, the first-phase ashes storage fee, the labor fee paid by the hired personnel, and the necessary transportation expenses. However, if it exceeds the above-mentioned standards and is really necessary after examination by the court, compensation may be calculated according to the actual loss of funeral expenses. The expenses incurred by the family members of the deceased who refuse to implement the funeral decision of the relevant departments within a time limit without justifiable reasons shall not be compensated.
According to the judicial interpretation, the average monthly salary of employees in the place where the Court of Appeal is located in the previous year is calculated by the total amount of six months. This standard is the most concise and convenient.
legal ground
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (Revised in 2022)
Article 27 clearly stipulates the calculation standard of funeral expenses, that is, "funeral expenses are calculated in six months according to the average monthly salary standard of employees in the last year where the court of appeal is located." This standard takes into account both regional differences and fairness. It is a scientific and reasonable standard, simple and easy to master.
Regulations on Work-related Injury Insurance (revised on 20 10) Article 39 If an employee dies at work, his close relatives shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the work-related injury insurance fund in accordance with the following provisions: The funeral subsidies shall be the six-month average salary of employees in the overall planning area.