Are All Relatives of Deceased Workers Entitled to Monthly Survivors' Benefits According to Regulations?
Are all family members of deceased employees entitled to monthly survivorship benefits?
According to Clause 2, Article 67 of the 2014 Social Insurance Law, it is stipulated as follows:
Cases entitled to monthly survivorship benefits
1. The family members stipulated in Clause 1 and Clause 3, Article 66 of this Law, upon the death under one of the following circumstances, shall be entitled to monthly survivorship benefits:
a) Having paid social insurance contributions for 15 years or more but not yet entitled to lump-sum social insurance;
b) Receiving a pension;
c) Dying due to occupational accidents or occupational diseases;
d) Receiving monthly labor accident and occupational disease benefits with a work capacity reduction of 61% or more.
2. Family members of the individuals mentioned in Clause 1 of this Article who are entitled to monthly survivorship benefits include:
a) Children under 18 years old; children aged 18 or older if having a work capacity reduction of 81% or more; children born when the father dies and the mother is pregnant;
b) Wives aged 55 or older or husbands aged 60 or older; wives under 55 years old, husbands under 60 years old if having a work capacity reduction of 81% or more;
c) Biological fathers, biological mothers, fathers-in-law, mothers-in-law, family members whom the social insurance participant is obliged to support in accordance with marriage and family law, 60 years old or older for men and 55 years old or older for women;
d) Biological fathers, biological mothers, fathers-in-law, mothers-in-law, family members whom the social insurance participant is obliged to support in accordance with marriage and family law, under 60 years old for men and under 55 years old for women if having a work capacity reduction of 81% or more.
Therefore, the aforementioned subjects are entitled to monthly survivorship benefits.
Note: Except for cases where the family member is a child under 18 years old; children aged 18 or older if having a work capacity reduction of 81% or more; children born when the father dies and the mother is pregnant, the remaining family members of the deceased worker must have no income or have a monthly income lower than the statutory pay rate.
Are all family members of deceased workers entitled to monthly survivorship benefits according to the regulations?
Is there a limit on the number of family members receiving monthly survivorship benefits?
According to Clause 2, Article 68 of the 2014 Social Insurance Law, it is stipulated as follows:
Monthly Survivorship Benefit Level
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2. In case one deceased person belongs to the subjects stipulated in Clause 1, Article 67 of this Law, the number of family members entitled to monthly survivorship benefits shall not exceed 04; in case of the death of 02 persons or more, their family members shall be entitled to 02 times the benefit level stipulated in Clause 1 of this Article.
3. The time of enjoying monthly survivorship benefits is implemented from the month immediately following the month of death of the subjects stipulated in Clause 1 and Clause 3, Article 66 of this Law. In case the father dies while the mother is pregnant, the child’s time of enjoying monthly survivorship benefits shall be calculated from the month the child is born.
Thus, when a person dies, and their family members are entitled to monthly survivorship policies, the number of settled beneficiaries shall be a maximum of 04 people.
What is the current level of monthly survivorship benefits for family members of compulsory social insurance participants?
According to Article 68 of the 2014 Social Insurance Law, it is stipulated as follows:
Monthly Survivorship Benefit Level
1. The monthly survivorship benefit level for each family member is equal to 50% of the statutory pay rate; in case the family member has no direct caregiver, the monthly survivorship benefit level is 70% of the statutory pay rate.
2. In case one deceased person belongs to the subjects stipulated in Clause 1, Article 67 of this Law, the number of family members entitled to monthly survivorship benefits shall not exceed 04; in case of the death of 02 persons or more, their family members shall be entitled to 02 times the benefit level stipulated in Clause 1 of this Article.
3. The time of enjoying monthly survivorship benefits is implemented from the month immediately following the month of death of the subjects stipulated in Clause 1 and Clause 3, Article 66 of this Law. In case the father dies while the mother is pregnant, the child’s time of enjoying monthly survivorship benefits shall be calculated from the month the child is born.
Monthly survivorship benefit level = 50% of the statutory pay rate
If the family member has no caregiver: Monthly benefit level = 70% of the statutory pay rate.
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