People's Republic Of China Military Insurance Law

Original Language Title: 中华人民共和国军人保险法

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  People's Republic of China order of the President of the 56th, the People's Republic of China soldiers Insurance Act by the People's Republic of China the 26th meeting of the Standing Committee of the 11th NPC was adopted on April 27, 2012, are hereby promulgated and, as of July 1, 2012.
                          
People's Republic of China President Hu Jintao
  The April 27, 2012

Chapter I General provisions

First in order to regulate the military insurance, safeguarding soldiers ' legitimate interest, promoting national defense and army building, this law is enacted.

State shall establish an insurance system for servicemen.

Retired military casualty insurance, retirement pension, medical insurance and war are not employment of military spouses insurance building, pay bills and transfer and continuation of this law shall be applicable.

Third military insurance system should embody the military profession, links up with the social security system, commensurate with the level of economic and social development.

Countries according to the development of the social security system, timely complement insurance system for servicemen.

Fourth State shall promote the development of the military insurance, provide financial funding and policy support for military insurance. Article fifth PLA soldiers insurance authorities are responsible for all insurance work.

Social Security Administration Department under the State Council, Finance Department and other relevant departments of the military within the scope of their respective duties and responsibilities concerning military insurance.

Military logistics (logistic) Finance Department is responsible for undertaking military insurance registration record, personal interests, the military insurance benefits paid, and so on.

Military logistics (logistic), financial sector and local social insurance agencies, according to their respective responsibilities for the military insurance and social insurance relationship transfer and renewal procedures.

Sixth Army military insurance and enjoy the insurance treatment according to law.

Soldiers have the right to record query, check the individual payment records and personal interests, demanding military logistics (logistic), financial sector and local social insurance agencies according to old-age and medical insurance relationship transfer and renewal procedures, providing military insurance and social security consulting services.

Chapter II military casualties insurance

The seventh pair of soldiers who die in war, business, the deemed insurance appropriate to the nature of death and award military death benefit.

Eighth Army due to war, business, disability due to illness, in accordance with the level of disability and the corresponding insurance, payment of military disability insurance.

Nineth military nature of the deaths and disabilities identification, grading and corresponding insurance disability, in accordance with the relevant provisions of the State and the army.

Tenth army due to death or disability of one of the following situations, do not enjoy military casualties insurance benefits:

(A) an intentional crime;

(B) drunk or taking drugs;

(C) self-harm or suicide;

(D) the laws, administrative regulations and other cases prescribed by military regulations.

11th have assessed the level of disability because of war, maimed soldiers released from active service for the public to participate in the work of old injury after, shall enjoy appropriate treatment of work-related injuries.

12th military casualties insurance financed by the State, individuals do not pay premiums.

Chapter III retirement pension insurance

13th military servicemen participating in the basic old-age insurance and State retirement pension benefits.

14th military retirement pension benefits, by the Chinese people's Liberation Army General Logistics Department jointly with relevant departments of the State Council, basic old-age insurance in accordance with national standards, military wages and other factors developed and submitted to the State Council and the Central Military Commission for approval.

15th Army enlistment have been participating in the basic old-age insurance, by local social insurance agencies and the armed forces logistics (logistic) financial sector for basic old-age insurance relationship transfer and renewal procedures.

After the 16th soldier discharged from participating in basic pension insurance, by the army logistics (logistic) Office finance, military retirement pension insurance and the corresponding transfer of funds to the local social insurance agencies, local social insurance agencies handle the appropriate transferring procedures.

Years of active service for army and army before and after the discharged payment years participating in the basic old-age insurance for employees combined.

17th discharged soldiers to participate in the new rural social pension insurance or old-age insurance for urban residents, in accordance with the relevant provisions of transferring procedures.

18th military servicemen to civil service jobs or by reference to civil service law staff positions, as well as active-duty officers and civilian cadres released from active service by selecting jobs, its old-age insurance scheme in accordance with the relevant provisions of the State.

19th military servicemen to take retirement places, their pension schemes in accordance with the relevant provisions of the State Council and the Central Military Commission.

Chapter fourth retirement health insurance

20th participating in military retirement health insurance officers, civilian officers and non-commissioned military retirement health insurance shall be paid, retired military medical insurance premiums paid by States according to the individual giving the same amount of subsidies.

Compulsory military service and supply system students do not pay the military retirement health insurance, in accordance with the provisions of the State standards for military retirement health-insurance subsidies.

21st army retirement medical insurance individual payment standards and State subsidies, by the Chinese people's Liberation Army General Logistics Department jointly with relevant departments of the State Council, in accordance with State regulations, military wages and other factors to determine the proportion of contributions.

22nd military army has participated in the basic medical insurance by local social insurance agencies and the armed forces logistics (logistic) financial sector for basic medical insurance relationship transfer and renewal procedures.

After the 23rd military servicemen participating in basic medical insurance, by the army logistics (logistic) financial sector will be retired military medical insurance and the corresponding transfer of funds to the local social insurance agencies, local social insurance agencies handle the appropriate transferring procedures.

Military personnel in active service period depending on workers ' basic medical insurance payment period, and the army before and after discharged from participating in basic medical insurance payment years of consolidation.

After the 24th military servicemen participating in new rural cooperative medical treatment or basic medical insurance for urban residents, in accordance with the relevant provisions of the State.

Chapter Fifth Army military spouses of unemployed insurance 25th State for war is not employment of military spouses to establish old-age insurance, medical insurance, etc.

Army military spouses of unemployed insurance, pension insurance and health insurance premiums shall be paid, State subsidies.

Army military spouses of unemployed insurance personal standards and State subsidies, in accordance with the relevant provisions of the State.

26th Army military spouses of unemployed before the war has been insured by local social insurance agencies and the armed forces logistics (logistic) Office finance, insurance relationship transfer and renewal procedures.

The 27th army of underemployed military spouse employment or military personnel discharged from military logistics (logistic) institutions finance their pension insurance, medical insurance and the corresponding transfer of funds to the local social insurance agencies, local social insurance agencies handle the appropriate transferring procedures.

Military spouses in war during the course of employment pension insurance, medical insurance payment age limit in place to participate in workers ' basic old-age insurance, basic medical insurance payment years combined.

28th army of underemployed soldiers when the spouse reaches the retirement age prescribed by the State, in accordance with the relevant provisions of the State retirement from military logistics (logistic) authorities finance their pension insurance and the corresponding transfer of funds to retirement and social insurance agencies, enjoy the basic old-age insurance benefits.

29th the local people's Governments and relevant departments should provide jobs for unemployed army of military spouses guidance, training and other services.

Army military spouses of unemployed without any justified reason, refuses to accept the local government job placement, specified or there is no valid reason for refusing to accept the local people's Government departments, agencies and appropriate jobs, job training, and stop giving insurance benefits.

Sixth chapter soldiers insurance fund Article 30th soldiers Insurance Fund includes casualty insurance funds, military retirement pension fund, retired military medical insurance and army military spouses of unemployed insurance fund.

The soldiers Insurance Fund according to insurance separately establish accounts, income accounts, implementation of the accounting systems of the army.

31st military insurance funds by individual contributions, central fiscal burden of military insurance money and interest income funds.

32nd army shall pay the premiums from their unit daikou.

Army of underemployed military spouse shall pay the insurance premium, by the military unit to which the daikou.

33rd military insurance funds of the central financial burdens shall be formulated by the financial sector into the annual defense budget.

34th military Insurance Fund in accordance with the State and the army's budget management system, implementation of budget and final accounts management.

35th military insurance fund account storage, specific measures in accordance with the relevant provisions of the State and the army.

36th military insurance funds centrally managed by PLA soldiers insurance fund management institutions.

Soldiers insurance fund management institutions shall strictly manage insurance funds to ensure safety.

37th military insurance fund should be earmarked, in accordance with the provisions of the project, scope and standard expenditures, no unit or individual shall not be embezzled, stolen, misappropriated, shall not change spending projects, expansion of spending or change spending standards.

The seventh chapter insurance supervision

The 38th army logistics (logistic), financial sector and local social insurance agencies shall establish a sound insurance management system for servicemen.

Military logistics (logistic) financial sector should be paid on time and in full military benefits.

Military logistics (logistic), financial sector and local social insurance agencies shall promptly apply for military insurance and social insurance relationship transfer and renewal procedures.

39th army logistics (logistic) Finance Department for military and war is not the military spouse employment insurance files, timely, complete and accurate record of their individual contributions and State subsidies, and enjoy the benefits of military insurance record and other personal interests, and periodically I served on individual rights record.

Military logistics (logistic), financial sector and local social insurance agencies shall be as soldiers and the army of underemployed spouses soldiers insurance and social security advisory and other related services.

40th military insurance system by the people's Liberation Army General Logistics Department responsible for construction.

The 41st financial Department of the General Logistics Department of the PLA and the Chinese people's Liberation Army auditing organs in accordance with their respective responsibilities, to exercise supervision over military payment and management of insurance funds.

The 42nd army logistics (logistic) body, the local Social Security Administration Department, units and individuals should abide by this law for supervision and inspection.

Military logistics (logistic) body, the local Social Security Administration Department when conducting supervision and inspection, check the unit and individual shall provide information relevant to the military insurance shall not refuse the inspection or misrepresent, conceal.

43rd army logistics (logistic) financial sector and local social insurance agency and its staff, shall keep confidential by law, military units and military information, disclosure shall not in any form.

The 44th article of any units or individuals have the right to report the acts in violation of the provisions of this law, complaints. The army and local authorities, institutional reports, complaints falling within the terms of reference, should be dealt with according to law; do not belong to this sector, the terms of reference of this body, shall be notified in writing and hand over power to handle departments, agencies.

Power to handle departments, agencies should be processed in a timely manner, no excuse.

The eighth chapter legal liability

45th military logistics (logistic) financial sector, the social insurance agency, any of the following circumstances, by the army logistics (logistic) Office or the social security administration, shall be ordered to correct; directly responsible in charge and other direct liable persons shall be given disciplinary actions resulting in the loss of shall bear liability for:

(A) in accordance with the provisions establishing, transferring the military insurance relationships;

(B) in accordance with the provisions the collection, turned over to the individual paid premiums;

(C) not in accordance with the provisions of the corresponding military insurance money;

(D) tampering or loss of individual payment records, insurance records of soldiers;

(E) disclose military units and military information;

(F) violation of regulations, transfer, storage, military insurance fund;

(VII) in violation of laws and other acts of law damaging the interests of military insurance.

Article 46th corruption, embezzlement, misappropriation of soldiers ' Insurance Fund, by the army logistics (logistic), ordered to return to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.

47th for fraud, falsification of documents and other means of obtaining military insurance benefits from military logistics (logistic) bodies and social security administration ordered to return, and shall be subject to punishment.

48th in violation of the provisions of this law, to constitute a crime, criminal responsibility shall be investigated according to law.

The Nineth chapter supplementary articles

After 49th military servicemen have participated unemployment insurance, the active service life depending on the duration of unemployment insurance, and the army before and after you retire to have unemployment insurance payment years of consolidation.

50th article of the law on the rights and obligations of military insurance, applicable to the people's armed police; the Chinese people's armed police force insurance fund management, according to the Fund management system implementation of Chinese people's armed police forces. 51st this law shall come into force on July 1, 2012.