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Chapter III Bereavement Compensation
Section 3 Recipients of Bereavement Compensation
Article 62
Of the bereavement compensation distributable to a staff member's survivors one-half shall be distributed to his or her spouse who has not remarried, and the remainder shall be paid in equal shares to his or her other survivors in the following order of precedence:
1. Children.
2. Parents.
3. Grandparents.
4. Siblings.
If a deceased staff member does not have any surivors specified in subparagraphs 1 to 3 of the preceding paragraph, his or her bereavement compensation shall be distributed solely to his or her spouse who has not remarried. If he or she has no spouse or the spouse has remarried, the distributable bereavement compensation shall be distributed to the survivors listed in the subparagraphs of the preceding paragraph in the order of precedence listed. If there are multiple survivors at the same level of precedence, the bereavement compensation will be distributed in equal shares among the eligible survivors at that level of precedence.
If any of the survivors at the same level of precedence dies or waives or because of a statutory cause loses or ceases to have the right to receive the bereavement compensation, his or her share of the bereavement compensation shall be redistributed among the remainder of the survivors at the same level of precedence in accordance with the preceding two paragraphs. If there are no survivors at the highest level of precedence, the survivor benefit shall be distributed among the survivors at the next level of precedence in accordance with the preceding paragraph.
When multiple survivors at the same level of precedence who are eligible for distribution of bereavement compensation under the preceding three paragraphs make such a claim, they may mandate one from among themselves who has legal capacity to act to make the application on behalf of them all. If a survivor lacks legal capacity to act, his or her statutory agent shall make the application on his or her behalf.
If the whereabouts of any of a staff member's survivors are unknown, or if the survivors are unable to reach agreement to make a uniform claim under the preceding paragraph, the other survivors may separately claim bereavement compensation pro-rata to the number of persons eligible to receive such compensation.
If all of the duly approved recipients of monthly bereavement compensation at the same level of precedence, during the period of receipt of monthly bereavement compensation, lose the right to receive the monthly bereavement compensation, the following provisions shall be followed:
1. Calculate lump-sum bereavement compensation based on the standard for lump-sum pension payment, subtract the amount already received in monthly bereavement compensation, and distribute the remainder; if there is no remainder, no further distribution shall be made.
2. When a remainder is available for distribution after the calculation of the preceding subparagraph, it shall be distributed in equal shares among the survivors at the next level of precedence. If there are no survivors at the next level of precedence or the survivors at the next level of precedence have all lost the right to receive the bereavement compensation, no further distribution shall be made.
Article 63
When a recipient under subparagraph 1 of paragraph 1 of the preceding article dies, or waives, or because of a statutory cause loses, the right to receive the bereavement compensation, if his or her child or children is subrogated to receive the bereavement compensation in his or her place, paragraph 3 of the preceding article shall not apply.
If the staff member made a will before death, and designated a recipient or recipients of the bereavement compensation from among the survivors set out in paragraph 1, the staff member's will shall prevail. However, the proportion to be received by any minor child of the staff member may not be lower than the proportion that child would originally have been entitled to receive.
If a staff member dies and has no survivor who is eligible to claim bereavement compensation under paragraph 1 of the preceding article, his or her heir may apply to the Pension Fund management institutionfor return of the principal, with interest, of the Pension Fund premium already paid. If the staff member has no heir, the original employing school may first proceed to receive the bereavement compensation and use it to handle the funeral affairs; if there is any remainder, it shall be returned to the Pension Fund.