The Servicemen's Pension Benefits Ordinance In Fujian Province Approaches

Original Language Title: 福建省实施《军人抚恤优待条例》办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399613.shtml

The servicemen's pension benefits Ordinance in Fujian province approaches

    (March 20, 2014, Fujian Provincial people's Government Executive meeting of the 19th through March 28, 2014 139th announce of Fujian province since May 1, 2014) Chapter I General provisions

    First in order to protect the country against military pensions and preferential treatments, encouraging soldiers to defend the motherland and devotion to the development of, and strengthening national defense and army building under the servicemen's pension benefits Ordinance (hereinafter referred to as the regulations) and the facts of the province, these measures 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 the pensions and preferential treatments as provided herein, in accordance with national and provincial regulations on pensions and preferential treatments.

    Third people's Governments above the county level shall strengthen leadership on military pensions and preferential treatments work, solve problems in military pensions and preferential treatments, guaranteed by the requirements for the financial burden of military pensions and preferential treatments, guaranteed pensions and preferential treatments for standard not less than that prescribed by the national and provincial standards. Requirements for the fourth military pensions and preferential treatments, in addition to Central Government allocated, by province, city divided into districts and counties (cities, districts) classification of Government burden.

    Financial arrangements at all levels of military pensions and preferential treatments for funds earmarked, and accept supervision by the financial and auditing departments.

Fifth within the administrative area of civil affairs departments above the county level people's Governments in charge of the soldiers work on pensions and preferential treatments.

    People's Governments above the county level in financial, human resources and social security, health, education, culture, housing and urban-rural development, transport, tourism and other sectors, according to their respective duties do the soldiers work on pensions and preferential treatments.

    Chapter II death

The sixth active duty deaths was approved as martyrs, were confirmed to have died while on duty or died, Regiment received notice of political authorities at or above the county-level people's Government civil affairs departments should separately fill out the People's Republic of China martyr's certificates and the People's Republic of China soldiers died while on duty certificate or the People's Republic of China military death certificate (hereinafter certificate), in accordance with the regulations issued to a holder.

Holder by the martyrs, servicemen's parents died while on duty in uniform, died (dependants), spouses, children consultation, consultations, in writing, inform the issuing authority through consultation, issued in accordance with the following order:

(A) parents (foster);

(B) the spouse;

(C) the child has more than one child, sent to elders.

No parents (dependants), spouses, children, to brothers and sisters, had several brothers and sisters, to seniors.

    No such survivors not to issue a certificate.

Seventh one-time benefits in accordance with standards set by the State, by the domicile of the holder of the County Civil Affairs Department in the following order to martyrs, survivors of the soldiers died while on duty in uniform, died:

(A) parents (dependants), spouse and children;

(B) no parent (dependants), spouses, children, brothers and sisters to the age of 18 and has 18 years of age source without the cost of living and the military dependent brothers or sisters before his death.

No such survivors not to issue a one-time pension.

    Survivors receive a one-time pension amount in the same order, consultation by the survivor identified through consultation, and survivors ' average number assigned in the same order.

Received the honorary title of the eighth article or contribution in the martyrs, servicemen died while on duty in uniform, died, survivors in the enjoyment of a one-time pension on the basis of, the County Civil Affairs Department issuing a one-time pension in accordance with the following provisions:

(A) was granted the honorary title of the Central Military Commission, issue 50%;

(B) military district-level unit honorary title, issue 40%;

(C) awarded merit citation, issue 30%;

(D) was awarded the second order of merit, issue 20%;

(V) was awarded three order of merit, additional 10%.

    Awarded many honorary titles or meritorious martyrs, servicemen died while on duty in uniform, died, family members of the highest level in accordance with the provisions of the preceding paragraph reward standard, additional one-time benefits.

    Nineth to enjoy regular pension martyr, died while on duty a soldier, died of the military survivor of two or more persons and registered permanent residence is not in the same way, his regular pension from the County Civil Affairs Department of the respective domicile in accordance with local standards are sent to.

    Article tenth periodic pensions of martyrs, survivors of the soldiers died while on duty in uniform, died the death, in addition to the current month paid gratuity, on a regular basis, in accordance with pension standards on a regular basis in the month 6 months of death benefits, funeral grants, and cancellation of entitlement to pension documents on a regular basis.

    Chapter III disability

11th discharged disabled soldiers from the army to handle retirement or within 60 days after the transfer, hold the People's Republic of China retired disabled military certificate of documents, evaluation of residual files and related materials such as household registration certificate, apply to the domicile County Civil Affairs Department dealing with moving disability procedures, the County civil affairs departments shall, from the date of receipt of the application within the 20th settles.

    Discharged disabled soldiers in dealing with moving disability procedures, since retires next January after issuance of disability benefits; not within the period specified in the preceding paragraph dealing with moving disability procedures, required for immigration clearance of January the following year paid disability pension. 12th military personnel in active service during the war, disability, military has not identified the nature of disability and assess levels of disabilities, from active service, I (people with mental disorders by its stakeholders) on record or the original medical certificate, may apply to the domicile County Civil Affairs Department found that the nature of disability and assess levels of disabilities. Audited by the County Civil Affairs Department, escalation determination and evaluation of provincial Civil Affairs Department.

    Meet the required conditions, issue the People's Republic of China disabled permit, and to enjoy the benefits of disability; do not meet the required conditions, state the reason in writing. Discharged disabled soldiers of the 13th article of the disability situation deteriorated, I (people with mental disorders by the interested person) that the original assessment of levels of disabilities and disability situation differs markedly from, may apply to the domicile County Civil Affairs Department to adjust levels of disabilities. Audited by the County Civil Affairs Department, escalation assessed provincial Civil Affairs Department. Provincial Department of civil affairs in accordance with the provisions of condition and re-evaluate the procedures or not to re-evaluate the decision.

    Reassessed the level of disability, relevant formalities; not reassessed the level of disability, and shall state the reasons in writing.

14th and demobilized soldiers with disabilities made up the nature of disability finds that grading or reassessed the level of disability and disability, domicile by the County Civil Affairs Department calculating disability benefits in accordance with the following provisions:

(A) the grading of replacement nature of disability and disability, from the nature of disability determination and disability ratings decisions beginning next month;

    (B) to assess levels of disabilities, to re-assess the disability level determines the month calculation.

    15th household registration of transfer of disabled soldiers, moved out of the County Civil Affairs Department is responsible for issuing disability pension from the year; moved to the County Civil Affairs Department in dealing with moving disability procedures, issuing disability pension since next January.

    Article 16th scattered support from active service levels to four levels of disabled soldiers, the domicile of the county-level people's Governments shall arrange their housing, such as the need to repair old houses, construction of new, appropriate subsidies by the financial requirements. 17th to need long-term medical or inconvenience placed one notch to single one person four disabled soldiers, by himself or by his guardian to apply to the local people's Governments at the county level departments of Civil Affairs, meet the conditions for concentrated, concentrated arranged by the provincial Civil Affairs Department.

    Concentrated period, not to care, non-family.

    18th discharged disabled soldiers died from disease, in addition to payment of entitlement to disability pension for the month of, according to the disability pension for the month of death standard plus 12 months of disability, as funeral subsidy fee and cancellation of the People's Republic of China disabled permit.

    19th and demobilized soldiers with disabilities require preparation or maintenance of prostheses, travel of tricycles and other auxiliary devices, you can apply in writing to the Hukou County Government departments of Civil Affairs, eligible, the County Civil Affairs Department proof of disabled war veterans prepare auxiliary device, by the provincial Department of civil affairs in accordance with the provisions of resolution.

    20th discharged disabled soldiers of the old injury, approved treatment or prosthetics to the field, the transport, accommodation costs and meals during hospitalization, by domicile give appropriate subsidies to the County Civil Affairs Department.

    The fourth chapter preference 21st military active duty period, domicile County by the army to report annually to their families to favour gold.

Military annual preferential payment in accordance with the established standards the enlistment regulations of Fujian province, included in the budget of the people's Governments at the county level.

    All conscripts enlisted college students in colleges and universities in the province, approved by people's Governments at the county level in the army every year to their families to favour gold.

22nd military force Honor Award, meritorious service or was named outstanding soldier, additional one-time benefits issued by their privilege gold unit award, the standard of not less than:

(A) was awarded the honorary title, awarded merit, privilege gold 100% that year;

(B) was awarded the second order of merit, privilege gold 60% that year;

(C) was awarded three order of merit, privilege Gold 30% that year;

(D) was named outstanding soldier, preferential 10% gold that year.

    Has won the honor, meritorious service or within one year was named outstanding soldier, the highest standards in accordance with the provisions of the preceding paragraph of additional one-time benefits award.

    23rd people's Governments at the county level shall improve and implement pension benefits pension benefits the natural growth mechanism. 24th on pensions and preferential treatments in accordance with the principle of territoriality, participating in the basic old-age insurance and basic medical insurance, payment under the relevant provisions of the insurance policies.
    25th on pensions and preferential treatments in the production operation, the local administration for industry and Commerce and taxation sectors should be given priority in the relevant procedure, and in accordance with the relevant provisions of the State tax relief. 26th in the State organs, social organizations, enterprises and institutions working for disabled ex-service men, enjoy the unit (labour) equal employment rights for injured personnel, welfare and medical care.

    Unit to which the ground of their disabilities will be dismissed, dismissal or termination of labor relations.

The 27th active servicemen, disabled war veterans and retired military personnel with valid ID enjoy the following privileges:

(A) when you visit scenic spots, historical sites, monuments, museums, free tickets;

(B) free travel on local bus and rail transport;

    (C) in stations, ports, hospitals, banks and other units of the window enjoying priority service.

    28th the employer (hired) workers, under the same conditions for active military spouses, survivors of the martyr, died while on duty military survivor, died of the military family and level to level four disabled spouses priority should be recorded (external).

29th veterans to apply for civil service and specialized secondary educational establishments, institutions, colleges and universities, enjoy preferential treatment for national and provincial regulations.

    Veterans vocational skills training, enjoy preferential treatment provided in this province.

30th and above the county level people's Governments and relevant departments, and schools should give preferential treatment to military children to receive education in accordance with law.

    Active duty children need access to child care and compulsory education in the place, the local education administrative departments to prioritize to the troops located near public kindergartens and primary and middle schools attend exempted countries and any costs other than those provided for in the province.

31st on pensions and preferential treatments in line with housing conditions, should give priority to the people's Government at the county level to protect it.

    Collection of active-duty military families, martyr survivor, died while on duty military survivor's, disability, military housing, under the same conditions, expropriation shall give timely compensation, priority placement.

    32nd discharged from level to level six disabled soldiers in accordance with the principle of territoriality, participation in trade unions, based on basic medical insurance for urban and rural residents receiving medical benefits, their medical expenses in accordance with the relevant provisions of national and provincial protected.

Article 33rd County Civil Affairs pensions and preferential treatments for Medicaid should be in a certain proportion of funds to their personal clinic account, usually spending in the medical clinic.

    People's Governments at the county level local reality, develop access to Medicaid on pensions and preferential treatments for Medicaid payment, the highest proportion of grants and subsidies.

    The 34th annual "Army Day" Army day, or the Spring Festival period, Governments at all levels to local reality, make overall arrangements, take the form of visits, condolences to family life difficult on pensions and preferential treatments object.

35th on pensions and preferential treatments was sentenced to imprisonment and deprivation of political rights or wanted persons during and suspend their pensions and preferential treatments, when his sentence, civil recovery, determined by the domicile of the County Civil Affairs Department and restore their pensions and preferential treatments.

    On pensions and preferential treatments were sentenced to death or to life imprisonment, cancel its pensions and preferential treatments for qualification.

    The fifth chapter supplementary articles

Article 36th serving military families in these measures refers to: soldier's parents, spouse, children, under the age of 18 years of brothers and sisters and have reached the age of 18 without the live source and dependent brothers and sisters by the soldiers.

Veterans in these measures refers to the November 1, 1954, to commence after the compulsory military service to participate in the people's Liberation Army, held veterans or veterans documents personnel.

    In the village separated from the Red Army personnel in accordance with the Veterans ' treatment.

    37th on pensions and preferential treatments have dual or multiple identities, their pensions or benefits, according to the highest standards. 38th article of the rules take effect on May 1, 2014. On May 16, 1990 issued by the Fujian Provincial people's Government of Fujian province, the military pensions and preferential treatments for Ordinance implementation measures be repealed simultaneously.