Do not treat death as a way to pay a debt: life insurance within 2 years does not pay, a work injury is not recognized, and the debt is still taken from the estate first
UpdatedGrade ABig benefitMoneyFreeLittle timeNo willpower
A suicide within 2 years of a life-insurance contract is not paid. Only the small sum that can be refunded from the policy is returned. A work injury is not recognized either, and the three work-death payments are not paid at all. Debts owed are taken from the estate you leave first. The family only gets what is left. They also have to bear the health cost described in item 4 of this section (bereavement by suicide or by a violent death).
- Cost
- No money. You only get this account straight.
- Benefit
- Article 44 of the Insurance Law governs contracts that pay the insurance money on the condition that the insured person dies. Counted from the day the contract is formed, or from the day the contract's effect is restored, if the insured person dies by suicide within 2 years, the insurer does not bear the duty to pay the insurance money. This does not apply when the insured person, at the time of the suicide, is a person with no capacity for civil conduct, that is, a person the law does not treat as responsible for their own acts. In that case the insurer shall refund the cash value of the policy as the contract provides, that is, only the small sum that can be refunded from the policy, not the insured amount. Life-insurance cover is usually on the order of 100000 yuan, so the benefit is set at large. Item 3 of Article 16 of the Regulations on Work Injury Insurance provides: self-harm or suicide shall not be recognized as a work injury, or as deemed a work injury. The three work-death benefits in Article 39 then all fall through. The first is a funeral subsidy, paid as 6 months of the previous year's local average monthly wage of employees. The second is a pension for relatives who were supported by the deceased. The third is a lump-sum work-death subsidy, equal to 20 times the previous year's national per capita disposable income of urban residents. Article 1159 of the Civil Code provides: when the estate is divided, the taxes and debts the deceased legally owed shall be paid, that is, the estate pays the taxes and the debts first, and only what is left is divided. Article 1161 provides: an heir pays only up to the actual value of the estate they received, that is, they use only the part they inherited and do not put in more of their own money. A person who gives up the inheritance can bear no duty to pay.
- Notes
- This item only counts the money. The other items in this section and in section 1 say not to reach this point. Article 44 of the Insurance Law covers only the first 2 years. It is written here so the text of the article is complete. It is not a timetable. The health cost to the family is in item 4 of this section (a person whose spouse died by suicide has a 70% to 80% higher risk of a new mental disorder within 5 years). What to do when the thought appears is in section 1, items 25 and 32. Lasting harm after a person is brought back is in section 1, item 33. The standard for the three work-death payments is in section 19, item 15. How the estate and the debts are handled is in section 25, item 11 (an heir uses only the inherited estate to pay). The money that should be collected is in section 25, item 9 (go and collect the housing provident fund (公积金) and the social insurance (社保) benefits, window by window).
Sources · 3
- 全国人大常委会 (2015 修正). 中华人民共和国保险法第四十四条. flk.npc.gov.cn/detail?id=2c909fdd678bf1790167…
- 国务院 (2010 修订). 工伤保险条例(国务院令第 586 号)第十六条、第三十九条. gov.cn/gongbao/content/2011/content_1778064.htm
- 全国人大 (2020). 中华人民共和国民法典第一千一百五十九条、第一千一百六十一条. flk.npc.gov.cn/detail?id=ff808081729d1efe0172…