Military Regulations On Pensions And Preferential Treatments

Original Language Title: 军人抚恤优待条例

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(Order No. 413, the State Council and the Central Military Commission) released the servicemen's pension benefits Ordinance, as of October 1, 2004.
Chinese Premier Wen Jiabao, Chairman of the Central Military Commission Jiang Zemin, August 1, 2004 military pension benefits Regulations Chapter I General provisions article on pensions and preferential treatments in order to protect the country and to soldiers, encouraging soldiers to defend the motherland and devotion to the development of, and strengthening national defense and army building under the People's Republic of China Law on defence and the People's Republic of China military service law and other relevant laws, the regulations are formulated.
Second PLA servicemen (hereinafter referred to as service members), active duty or discharged disabled soldiers and martyrs of the demobilized soldiers, veterans, survivors, survivors of the soldiers died while on duty military survivor, died, families of servicemen, is provided for in this regulation on pensions and preferential treatments, in accordance with the provisions of this Ordinance and enjoy pensions and preferential treatments.
Third military pensions and preferential treatments, combining national and Community policy, guarantee of military pensions and preferential treatments and adapted to national economic and social development, safeguard pensions and preferential treatments for the object of life is not less than the local average living standards.
The whole society should care and respect on pensions and preferential treatments, various martyrs campaigns.
State encourages social organizations and individuals to contribute to the cause of military pensions and preferential treatments.
Fourth State and society should be valued and strengthening the work of military pensions and preferential treatments. Bereaved families of military personnel requirements for preferential treatment by the State Council and local people's Governments at various levels grading burden.
Central and local governments allocated funding of military pensions and preferential treatments, earmarks, and accept supervision by the financial and auditing departments.
Fifth civil affairs departments of the State Council in charge of the nation's military pensions and preferential treatments work; heads of local people's Governments at or above the county level for home military pensions and preferential treatments work within their respective administrative areas.
State organs, public organizations, enterprises and institutions shall fulfil their military pensions and preferential treatments for liabilities and obligations.
Sixth people's Governments at various levels have made outstanding achievements in military pensions and preferential treatments work units and individuals, recognition and rewards.
Death article seventh chapter II active duty deaths was approved as martyrs, were confirmed to have died while on duty or died, their survivors enjoy pension in accordance with this Ordinance. Eighth article active soldiers death, meet following case one of of, approved for martyrs: (a) enemy combat death, or enemy combat wounded in medical end due to injury death of; (ii) for implementation task was enemy or criminals killed, or captured, and arrested Hou unyielding was enemy killed or was torture death of; (three) for rescue and protection national property, and people life property or participate in disposal burst event death of; (four) for implementation military exercises, and combat readiness sailing flight, and airborne and missile launches training, and
Trial test and weapon equipment research and experiment died (v) those circumstances are especially prominent, role models for later generations.
Active-duty military personnel in enemy operations, border and coastal defense duties or rescue and relief tasks in the disappearance, declared dead by legal procedures, treated as martyrs.
Approval of martyrs, belonging to the deaths due to war, approved by the political organs of the above regiment level units; non-battle deaths, approved by the political organs of the army above Corps level unit belonging to the first paragraph of this article (e) the provision, approved by the people's Liberation Army General political Department.
Nineth article active soldiers death, meet following case one of of, confirmed for for public sacrifice: (a) in implementation task in the or in commute way, due to accident event death of; (ii) was finds for for war, and for public disability Hou for old injury recurrence death of; (three) for patient occupational death of; (four) in implementation task in the or in work post Shang for disease suddenly death, or for medical accident death of; (five) other for public death of.
Active-duty military personnel in enemy operations, border and coastal defense duties or rescue missions other than the missing declared dead through legal procedures, according to the treated died while on duty.
Servicemen died while on duty, confirmed by the political organs of the above regiment level units belonging to the first paragraph of this article (e) provided, and confirmed by the political organs of the units above the army level.
Tenth active servicemen among Nineth article paragraph (c), (d) of cases, deaths from other diseases recognised as died.
Active non-executive mission were killed or missing, declared dead by legal procedures, according to treat died.
Servicemen died, and confirmed by the political organs of the above regiment level units.
Article 11th martyr survivors, survivors of the soldiers died while on duty military survivor, died, issued by the County Civil Affairs Department of the People's Republic of China martyr's certificates and the People's Republic of China soldiers died while on duty certificate and the People's Republic of China military certificate of death. 12th military deaths, depending on the nature of death and the monthly wages of death, the County Civil Affairs Department issued to family members of a one-time pension, the standard is: martyr, 80 monthly salaries; died while on duty, 40 months wages; died 20 months ' wages.
Monthly salary or allowance below the level of platoon second lieutenant wage standards, according to the level of platoon Lieutenant officer wages issued to family members of a one-time pension. Get honors title or meritorious service of martyrs, and for public sacrifice soldiers, and died soldiers, its survivors in should enjoy of one-time pension of based Shang, by County Government home sector according to following proportion SEO one-time pension: (a) get Central Military Committee grant honors title of, SEO 35%; (ii) get Army military level units grant honors title of, SEO 30%; (three) State merit of, SEO 25%; (four) State II, work of, SEO 15%; (five) lisan, work of,
Additional 5%.
Awarded many honorary titles or meritorious martyrs, servicemen died while on duty in uniform, died, survivors from the County Civil Affairs Department in accordance with the highest proportion of additional rewards, additional one-time benefits.
13th make a special contribution to living martyrs, servicemen died while on duty in uniform, died, except in accordance with the regulations issued to family members of a one-time grant, the army can be sent to family members in accordance with the relevant provisions of the special one-time benefit.
14th one-time grant to martyrs, servicemen's parents died while on duty in uniform, died (dependants), spouses, children without parents (dependants), spouses, children, brothers and sisters to the age of 18 and are over 18 years old source without the cost of living and the military dependent brothers or sisters before his death.
15th article on meet following conditions one of of martyrs survivors, and for public sacrifice soldiers survivors, and died soldiers survivors, to regularly pension: (a) parents (raised people), and spouse no labor capacity, and no living source, or income level below local residents average living of; (ii) children not full 18 age or has full 18 age but for school or disability no living source of; (three) brothers sisters not full 18 age or has full 18 age but for school no living source and by the soldiers before dependent of.
Eligible survivors ' pension conditions on a regular basis, by County Civil Affairs Department issued a certificate of pension recipients on a regular basis. 16th periodic pension standards shall be referred to the national per capita income level of urban and rural households.
Pension standards on a regular basis and adjustments prescribed by the civil affairs departments of the State Council in conjunction with the financial sector.
17th local people's Governments at or above the county level shall rely on periodic pension difficulties remain in martyr survivors, survivors of the soldiers died while on duty military survivor, died, can be issuing pension or other benefit and guarantee their living not lower than the local average living standards.
Of martyrs article 18th periodic pensions survivors, survivors of the soldiers died while on duty military survivor, died the death, an additional 6 months their enjoyment of periodic pensions, funeral grants, and cancellation of entitlement to pension documents on a regular basis.
19th article active soldiers missing, by statutory program declared death of, in its was approved for martyrs, and confirmed for for public sacrifice or died Hou, and by statutory program revoked on its death declared of, by original approved or confirmed organ canceled its martyrs, and for public sacrifice soldiers or died soldiers qualification, and by sent card organ recovered about documents, terminated its family original enjoy of pension treatment.
Chapter III disability 20th active servicemen with disabilities were identified as a result of the war maimed, disabled or disabled due to illness for the public, in accordance with the provisions of this Ordinance and enjoy pensions.
Eighth article of one of the leading cause of disability, and finds that as a result of war disabled; Nineth article one of the leading cause of disability, recognized as disabled for the public; conscripts and junior NCO Nineth, paragraph (c), (d) of cases of diseases leading to disability, recognized as disabled due to illness.
Article 21st disability levels, according to the labor levels of dysfunction and daily life obstacles identified, from heavy to light into the first tier to ten.
Levels of disabilities of specific evaluation criteria shall be formulated by the Department of Civil Affairs, labor and social security departments, health authorities and the relevant departments under the army. 22nd active servicemen were disabled by war, business, medical end meets the conditions for assessing levels of disabilities should be assessed levels of disabilities.
Conscripts and junior NCO meet the assessed levels of disabilities of disability due to illness, I (mentally ill by the interested person) applicants should also assess levels of disabilities.
Disabled by war, business, disability rating is rated as grade I to grade 10, enjoy regular service, disability due to illness, disability rating is rated as grade I to grade six and enjoy pensions. 23rd article for war, and for public, and for disease disability nature of finds and disability grade of evaluation permission is: (a) conscripts and primary Sergeant of disability, by army army level above units health sector finds and evaluation; (ii) active officers, and civilian cadres and intermediate above Sergeant of disability, by army military level above units health sector finds and evaluation; (three) exit active of soldiers and transfer Government placed of army retired, and retired cadres need finds disability nature and evaluation disability grade of,
Identification and assessment by the provincial Civil Affairs Department.
Assessment of levels of disabilities, should be based on medical disability rating issued by the medical expert opinion from the Panel of experts. Disabled war veterans finds the nature of disability and evaluating levels of disabilities in it to the People's Republic of China certificate of disabled war veterans.

24th service members disabled by war, business, did not assess levels of disabilities in a timely manner, discharged or the expiration of 3 years after the end of medical, I (mentally ill by the interested person) applying for the assessed levels of disabilities, records or original medical certificate, you can assess levels of disabilities.
After active duty was assessed levels of disabilities, during the period of active service or discharged with disabilities experiencing serious deterioration of the situation, the original levels of disabilities and disability situation differs markedly from my (mentally ill by its stakeholders) for adjusting levels of disabilities can re-assess the levels of disabilities. 25th and demobilized soldiers with disabilities, in accordance with levels of disabilities disability pensions.
Disability pensions granted by the County Civil Affairs Department.
Work needs to continue on active duty soldiers with disabilities, approved by the military units above the army level, issued by the unit in accordance with the provisions of disability benefits. Article 26th disabled employees in standard shall be referred to the national pension is determined.
Disability standards to level 10 and level specific measures for disabled military invalidity pensions, prescribed by the civil affairs departments of the State Council in conjunction with the financial sector.
Local people's Governments at or above the county level to living on disability benefits are still disabled soldiers have difficulty, could be issuing disability pension or other benefits, guarantee their living not lower than the local average living standards.
27th and demobilized due to warfare, disabled war veterans disability attributable deaths due to old injury, the County Civil Affairs Department in accordance with the standards of pensions to their survivors died while on duty soldiers a one-time pension, survivors enjoy the sacrifices military survivor's pension benefits for the public.
From active service due to war, who died of disease, soldiers with disabilities disability due to illness, family members of an additional 12 months of disability, as funeral subsidy costs due to war, a disability attributable to four levels of disabled soldiers died of disease, treatment of family members of servicemen enjoy died a survivor's pension.
28th from active service levels to four levels of disabled soldiers, supported by country life which need long-term medical or alone and not placed and approved by the provincial Department of Civil Affairs, can be concentrated.
29th article on dispersed placed of a level to four level disability soldiers to nursing fee, nursing fee of standard for: (a) for war, and for public level and two level disability of, for local workers months average of 50%; (ii) for war, and for public three level and four level disability of, for local workers months average of 40%; (three) for disease a level to four level disability of, for local workers months average of 30%.
Nursing care of discharged disabled soldiers, issued by the civil affairs departments above the county level people's Governments; nursing fee is not discharged disabled soldiers, approved by the military units above the army level, issued by the unit.
30th disabled soldiers need the preparation of artificial limbs, transport tricycle and other auxiliary devices, are enlisted, the army above Corps level units are responsible for solving; from active service, the provincial Civil Affairs Department is responsible for solving.
Fourth chapters preference 31st during conscript service, their family by the local people's Governments to favour gold or other preferential treatment, preference standard not lower than the local average living standards.
Conscripts and junior non-commissioned army before State organs, social organizations, enterprises and institutions staff (including contract staff), discharged, allowing resumption of reinstatement, and enjoy no less than the units in the same position (job), with the length of the treatment of workers; during active service, the family continues to enjoy relevant benefits to the families of the staff.
Military and contracted before the junior non-commissioned army (mountain, forest), you should save the; period of active service, in accordance with relevant State regulations and contracts agreed to pay taxes, but from other burdens.
Military forces from the mail, free mail service. Articles 32nd to six State level medical expenses in accordance with the provisions of the disabled to be protected by their medical insurance social insurance agency a separate account management.
Specific measures shall be formulated by the Civil Affairs Department under the State Council together with labor and social security departments, and financial institutions.
Seven level to 10 level disability soldiers old injury recurrence of medical costs, has participate in injury insurance of, by injury insurance fund paid, not participate in injury insurance, has work of by work units solution, no work of by local county above place Government is responsible for solution; seven level to 10 level disability soldiers old injury recurrence yiwai of medical costs, not participate in medical insurance and I paid has difficult of, by local county above place Government, as appropriate, give grants. Disabled military veterans and martyrs, and demobilized soldiers, in spite of their hometowns survivors, survivors of the soldiers died while on duty military survivor, died medical preferences.
Specific measures by the people's Governments of provinces, autonomous regions and municipalities.
Central budget on pensions and preferential treatments for objects more difficult areas to give appropriate subsidies to help solve the pensions and preferential treatments for medical problems. Article 33rd in State organs, social organizations, enterprises or institutions of disabled soldiers, enjoyment and the unit to which the equal welfare and medical treatment of injured personnel.
Unit to which the ground of their disabilities will be dismissed, dismissal or termination of labor relations.
Article 34th servicemembers with valid documents, disabled military personnel with the People's Republic of China Disabled military certificate of priority tickets by internally running trains, ships, long-distance bus and airline; disabled soldiers enjoy reduced 50% of the normal ticket price discount. Active military with valid documents by urban bus, tram and rail transport enjoys preferential treatment, and the specific measures by the city people's Government.
Disabled soldiers with the People's Republic of China disabled permit free travel on local bus, tram and rail transport.
35th active servicemen, disabled military personnel with valid ID visit parks, museums, historical sites and enjoy preferential treatment, specific measures for the parks, museums, scenic spots and local people's Governments at or above the county level, where the management units.
Article 36th martyrs, died while on duty a soldier, died of the military child, brothers and sisters, I voluntary recruitment and recruitment conditions are met, give priority for active service.
37th military and junior Sergeant discharged, register for the national civil service, institutions of higher learning and secondary vocational schools, with other candidates under the same conditions preference. Disability soldiers, and martyrs children, and for public sacrifice soldiers children, and a level to four level disability soldiers of children, standing frontier border of County (City), and desert district, and national determine of remote in the of three class area and army determine of special, and one or two class Island forces active soldiers of children candidates registered for the General high school, and medium vocational school, and College, in and other candidates equal conditions Xia priority admitted; accept degree education of, in equal conditions Xia priority enjoy national provides of the student policy. Active duty children's schooling, daycare, priority in the same condition received.
Specific measures prescribed by the civil affairs departments of the State Council in conjunction with the Education Department. Article 38th disabled servicemen, demobilized soldiers, in spite of returning veterans, survivors of the martyr, died while on duty military survivor, died of the military family housing lease, purchase enjoy priority, preferential treatment in accordance with the relevant provisions. Difficulties of living on pensions and preferential treatments of rural housing, and by the help of the local people.
Specific measures by the people's Governments of provinces, autonomous regions and municipalities. 39th Army Division (Brigade) level and above political authorities army officers families, families of civilian cadres and officers ' families, troops set up procedures with the local public security authority.
Army before State organs, social organizations, enterprises and workers, Garrison's local Government of labor and social security departments, the personnel shall receive and properly rehoused; no work units before the war, local people's Government shall be made according to the actual situation of the garrison placed; on self-employment, in accordance with the relevant provisions of the State relief costs.
40th stationed in frontier frontier counties (cities) in a remote, desert area, designated by the State of three kinds of areas and identified by the army, one or two islands serving military officers and civilian cadres and officers of the force, compliance with war conditions are not embedded with the families of the local people's Government shall make proper arrangements to protect its life is not lower than the local average living standards.
41st army survivors of martyrs, died while on duty military survivor's military survivor transfer of local people's Governments and died place, enjoy the provisions of the present regulations and the local people's Governments on pensions and preferential treatments.
42nd Veterans living difficulties, in accordance with the conditions laid down, civil affairs departments gave quantitative benefits on a regular basis by the local Government to gradually improve their living conditions.
43rd State to set up special care hospital, glorious home, a treatment or focus on pensions and preferential treatments for dependent orphans and unable to take care of.
Various social welfare organizations should give priority to receive pensions and preferential treatments. Fifth chapter legal liability article 44th army pensions and preferential treatments for management units and their staff misappropriation, interception, dividing up military pensions and preferential treatments for funding, constitute a crime, shall be investigated for criminal liability of persons; does not constitute a crime, the relevant responsible persons shall be given administrative sanctions or disciplinary action.
Misappropriation, interception, dividing up the military pensions and preferential treatments for funds, the upper-level people's Government departments of Civil Affairs, the military authorities ordered recalled.
45th article soldiers pension preferential treatment management units and staff, and participation soldiers pension preferential treatment work of units and the staff has following behavior one of of, by its superior competent sector ordered corrected; plot serious, constitute crime of, law held related responsibility personnel of criminal; is not constitute crime of, on related responsibility personnel law give administrative sanctions or disciplinary: (a) violation provides approval soldiers pension treatment of; (ii) in approval soldiers pension treatment work in the issued false diagnosis, and identification, and proved of;
(C) according to the provisions of the standard, amount, approval or payment of pensions, grants, preferential treatment and (iv) in military pensions and preferential treatments work, using his power for personal gain. 46th units is liable to military privilege does not perform the obligation of privilege, the County Civil Affairs Department ordered to perform; late and failed to perform, and fined 2000 Yuan and 10,000 yuan fine. Directly responsible for the charge and other direct liable persons shall be given administrative sanctions and disciplinary action. For breach of privilege obligations on pensions and preferential treatments have suffered losses, and shall bear the liability for damages.

47th article pension preferential treatment object has following behavior one of of, by County Government home sector give warning, deadline returned illicitly acquired; plot serious of, stop its enjoy of pension, and preferential treatment; constitute crime of, law held criminal: (a) impersonator pension, and preferential treatment gold, and grant of; (ii) false illness cheat medical of; (three) issued fake proved, forged documents, and seal cheat pension, and preferential treatment gold, and grant of.
48th on pensions and preferential treatments was sentenced to imprisonment and deprivation of political rights or wanted persons during, on pensions and preferential treatments to abort it; is sentenced to death or to life imprisonment, cancel its pensions and preferential treatments for qualification.
Sixth chapter supplementary articles 49th article of the Ordinance shall apply to the Chinese people's armed police force.
50th army retired, retired on pensions and preferential treatments, in accordance with the provisions of this Ordinance relating to active duty on pensions and preferential treatments.
By militia who fought injuries, workers compensation, for taking part in military exercises, military training and carrying out military duties casualties are reservists, militia, workers compensation and other personnel with reference to the relevant provisions of this Ordinance.
The demobilized soldiers of the 51st article of the regulation mentioned in refers to October 31, 1954, army, approved after demobilization from the army's personnel; returning veterans with illness, is in the active service during illness, has not yet reached the assessed levels of disabilities conditions and military hospitals have proved that personnel from the vet. 52nd this Ordinance shall take effect on October 1, 2004. Issued by the State Council on July 18, 1988, the servicemen's pension benefits Ordinance be repealed simultaneously.

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