Guangdong Province, Military Pensions And Preferential Treatments Options

Original Language Title: 广东省军人抚恤优待办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351807.shtml

Guangdong Province, military pensions and preferential treatments options

    (May 5, 2011 11th people's Government of Guangdong province for the 72nd General session on June 14, 2011 160th promulgated by the people's Government of Guangdong Province as of September 1, 2011) Chapter I General provisions

    First in order to guarantee the soldiers ' pensions and preferential treatments, maintain pensions and preferential treatments for the legitimate rights and interests, under the servicemen's pension benefits Ordinance, combined with the facts of the province, these measures are formulated.

Article on pensions and preferential treatments of objects within the administrative area of the province, in accordance with the servicemen's pension benefits Ordinance and the regulations enjoy pensions and preferential treatments.

    People's Liberation Army active duty (hereinafter referred to as service members), active duty or discharged disabled soldiers and martyrs of the demobilized soldiers, veterans, survivors, soldiers died while on duty military survivor, died survivors, families of servicemen collectively on pensions and preferential treatments.

Third people's Governments above the county level shall strengthen military pensions and preferential treatments, guaranteed pensions and preferential treatments for 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.

    Encourage social organizations and individuals to contribute to the cause of military pensions and preferential treatments.

    Article fourth requirements for military pensions and preferential treatments for financial burden in addition to the central part, borne by the people's Governments above the county level classification, earmarks, 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.

    Within the administrative area of the province of State organs, social organizations, enterprises and institutions shall, in accordance with the servicemen's pension benefits Ordinance and regulations, and discharge their military pensions and preferential treatments for responsibilities and obligations.

    Sixth military pensions and preferential treatments the people's Government at or above the county level shall have made remarkable achievements in the work units and individuals, recognition and rewards.

    Chapter II death Seventh article active soldiers death was approved for martyrs, and was confirmed for for public sacrifice or died of, County (containing district, and County, with) or not set district of prefecture-level city government home sector should since received forces issued of death notice of day up 20th within, respectively to martyrs survivors, and for public sacrifice soldiers survivors, and died soldiers survivors to People's Republic of China martyrs certificate, and People's Republic of China soldiers for public sacrifice certificate, and People's Republic of China soldiers died certificate (following collectively

    Certificate) and one-time benefits.

Eighth holder of the certificate by the martyrs, servicemen's parents died while on duty in uniform, died (dependants), spouses, children, brothers and sisters in consultation and in writing, inform the issuing authority through consultation, issued in accordance with the following order:

(A) parents (foster);

(B) the spouse;

(C) children's (there is more than one child, to the eldest son or eldest daughter);

(D) siblings (there are more brothers and sisters, to the elderly).

No survivors of the foregoing, no certificates will be issued.

    The certificate holder is a man, lost not fill, if necessary, may be issued by the issuing authority certificate.

Nineth one-time pension standards, in accordance with national regulations.

One-time pension by the holder of the certificate of domicile at or not divided into prefecture-level cities of the district people's Government issued civil affairs departments in the following ways:

(A) parents (dependants), spouses, children, and consensus of the allocated amount, the amount determined according to the consultation issue through consultation, according to the number of equal distribution. (B) parents (dependants), spouse, 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.

Are two or more brothers and sisters and the consensus of the allocated amount, the amount determined according to the consultation issue through consultation, according to the number of equal distribution.

    No survivors of the above provisions, not to issue a one-time pension.

Article tenth County or not divided into prefecture-level cities of the district people's Government Home Department shall from the date of receipt of the notice of death forces in the 30th, on compliance with the military provisions of the pension benefits Ordinance of martyrs enjoy regular pension survivor, died while on duty military survivor, died of the military survivors ' list of publicity, not to enjoy regular survivors ' pensions shall be in writing and state the reasons.

    Township and town people's Governments (Street) and the village (neighborhood) the Committee shall assist the county or the absence of district city people's Government Civil Affairs Department to do research, review, and so on.

Article 11th eligible survivors ' pension conditions on a regular basis, by domicile at or not divided into districts of the prefecture-level City Government Civil Affairs Department to pension recipients of documents on a regular basis, with documents to receive regular benefits.

    Issuance of periodic pensions, since soldiers dead was approved as martyrs, were identified as counted from the soldier's sacrifice in the armed forces, died this month.

12th regular pension standards formulated by the provincial people's Government, in accordance with national provisions.

    City, County (district and county-level cities, the same below) without the people's Governments below the provincial standard under development of region specific criteria.

13th at or not districts of the prefecture-level city people's Government, the Ministry of civil affairs departments rely on periodic pension still difficult lives of martyrs 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.

    Recipients of pensions pensions and preferential treatments on a regular basis are orphans or orphans, should the benefit of SEO, SEO part is not less than their regular pension standards 30%.

    14th enjoy regular pension survivor's death, an additional 6 months their enjoyment of periodic pensions, funeral grants, the local people's Government departments of civil affairs at the same time to remove his receipt of a periodic pension documents, original and enjoy regular pension stopped since the second month after his or her death.

    Chapter III disability

15th soldier discharged with a disability or to surrender to the Government, from the army for the decommissioning procedures or within 60 days after the transfer, by the holder of the People's Republic of China disabled permit, to the place of household registration at or not divided into prefecture-level cities of the district people's Government civil affairs departments to apply for pension transfer procedures.

Disabled war veterans residence migration, should be timely to move out, move the county or the absence of district city people's Government civil affairs departments to apply for disability pension transfer.

    Government civil affairs departments at all levels shall, within 20 working days to complete the Department of Civil Affairs of matters necessary for the same level.

16th disabled pension transfer, its year of disability benefits by the force or move out of Government Civil Affairs Department is responsible for issuing, moved from the second year onwards to Government Civil Affairs Department issued in accordance with local standards.

    Applying for disability rating and adjusted levels of disabilities of disabled soldiers, or adjust the level of disability of the new assessment corresponds to the disability pension, self government paid the second month after the approval of the home.

17th of municipal and county governments for soldiers with disabilities living on disability benefits, difficulties remain, issuance or payment of disability pensions benefits.

    Living allowances standard, developed by the city and county governments according to local conditions, and shall not be lower than the provincial standard.

    18th placed exit levels to four levels of disabled soldiers on active service, his domicile at or not divided into prefecture-level cities of the district people's Government Civil Affairs Department in accordance with national and provincial nursing fee provisions.

19th discharged disabled soldiers need preparing prostheses, transport tricycle and other auxiliary devices, of which I am the domicile is located at or no application of the prefecture-level City Government Civil Affairs Department, approved by the provincial Department of Civil Affairs agrees to a specified body configuration, installation configuration required fee shall be borne by the provincial Civil Affairs Department.

Configure prosthetic limb disabled travel expenses and shipping of travel wheelchairs, tricycles and other auxiliary devices, by domicile or the absence of district city people's Government at the county level the home sector.

    Prosthesis during installation and commissioning of the accommodation cost disabled domicile at or not give appropriate subsidies to the prefecture-level City Government Civil Affairs Department, the requirements for pensions and operating expenses would be covered by.

Article 20th after the death of disabled soldiers, the competent or not divided into districts of prefecture-level City Government Civil Affairs Department to remove his People's Republic of China Disabled military certificate, original enjoyed disability pensions and nursing charges stopped since the second month after his or her death.

    Disabled soldiers died due to illness, family members of additional disability as funeral subsidy, should log off of the People's Republic of China soldiers with disabilities certificate within one month of release.

    The fourth chapter preference

21st article reds separated personnel, no work units and life difficult of in Xiang demobilized soldiers, sick home long-term cannot participate in production labor, and life special difficult of veterans, in rural of and town no work units and family life difficult of war or participate in nuclear-test-ban of army retired personnel, according to national and Province provides of conditions, from audit finds Hou of second a months up, by household location County or not set district of prefecture-level city government home sector give regularly quantitative grants.

    Regular quota allowances set by the city and county governments, and shall not be lower than the provincial standard.

22nd regular quantitative benefits pensions and preferential treatments for the category of orphans should be issuing grants, additional parts of its periodic quantitative benefits not less than 30%.

    Enjoy periodic pensions and preferential treatments for the category of quantitative benefits orphans live in rural areas, priority should be included in the scope of rural five-guarantee.

    Article 23rd regular quantitative support on pensions and preferential treatments died, by the local government Ministry gate to the family members of an additional 6-month quantitative benefits, funeral grants, also remove the relevant documents, original and enjoy regular quota grant stopped since the second month after his or her death.

24th military active duty during their family by the local people's Governments to favour gold or other preferential treatment.

For early retirement from active service of conscripts, to its family benefits according to the actual service life of gold.

Any of the following circumstances, the family no longer qualify for preferential treatment of gold:

(A) conscripts served from active service or to be elected as officer and was promoted to army cadres;
(B) the soldiers after the troops entered the Military Academy, beyond the compulsory military service period of active service.

Recruit directly from the local military academies and military style of such professionals, their families do not enjoy preferential treatment of gold. Full-time college students by the army of conscripts, from Government Civil Affairs Department in accordance with the provisions of the solicitation notice entry original domicile of the home agency of the Government to the family discount gold.

    Other non-domicile in the recruitment of conscripts, by collecting people's Government Civil Affairs Department in accordance with the provisions of its family incentives payment.

    25th level to six soldiers with disabilities in accordance with the principle of territoriality participating in basic medical insurance for urban workers, and on this basis to enjoy pensions and preferential treatments for Medicaid. 26th a seven-to ten-level disabled military veterans, in Township of demobilized soldiers, in spite of their hometowns, as well as State pensions and support survivors of martyrs, died while on duty military survivor, died of the military survivors ' army and demobilized personnel, war and participation in the nuclear tests, in accordance with their household registration into the urban workers ' basic medical insurance, basic medical insurance for urban residents and the new type of rural cooperative medical system.

It is difficult, by the people's Government of the domicile of the home insurance sector in accordance with the relevant provisions to help. On pensions and preferential treatments prescribed in the preceding paragraph can in accordance with the relevant regulations of medical payment of financial assistance, medical expenses relief or benefits such as Medicaid.

    Specific measures by the provincial civil affairs, finance, human resources and social security, and health departments.

27th pensions and preferential treatments for objects that meet the requirements of the local people's Government low-rent housing to lease conditions and purchase affordable housing conditions of local people's Governments shall give priority to.

Living on pensions and preferential treatments for residential houses of the city were demolished, priority should be placed.

    On pensions and preferential treatments the housing difficulties of living in the countryside, or the absence of district city people's Government at the county level in accordance with the relevant provisions to help solve. 28th of enterprises and institutions to receive demobilized cadres, in line with policy, placement of demobilized military families, military dependents and the unit, and other employees under the same conditions shall be in care by a job type, frequency, and so on.

Mergers and restructuring of economic layoffs in the enterprise, and other employees under the same conditions a priority.

Retired Army officer after unemployment, in line with national requirements, preferential reemployment certificate will be issued, enjoy employment policies. Bodies, social organizations, enterprises and institutions working in the disabled, access to injured personnel and organization of living benefits and medical care.

    Unit to which the ground of disability will be dismissed, dismissal or termination of labor relations. 29th Army demobilized cadres and children accompanying their children to school, is a primary school in garrison and job placement in the vicinity of the station, as defined by the administrative departments of education of junior secondary school district school.

    Across the school district school, the administrative departments of education in the conditions of care to address. 30th 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, local government human resources and Social Security Department of the garrison should 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.

    31st in line with rural five-guarantee or minimum living conditions on pensions and preferential treatments in the management of local digital cable TV host maintenance business, basic viewing maintenance of appropriate breaks.

    32nd people's Governments above the county level in accordance with local economic development to set up special care hospital, glorious home treatment or focus on pensions and preferential treatments for dependent orphans and unable to take care of the objects.

    The fifth chapter social supervision and accountability

33rd any unit and individual pensions and preferential treatments to enjoy pensions and preferential treatments objection, is entitled to complain to the local Government Civil Affairs Department or report.

    Consider yourself the servicemen's pension benefits Ordinance and pension benefits as provided herein without being identified as pensions and preferential treatments for the condition, or that enjoyed pensions and preferential treatments should enjoy pensions and preferential treatments are inconsistent with itself, could apply to the County Civil Affairs Department, asked to confirm or change.

    Article 34th all units and individuals have the right to military pension benefits management unit and its functionary, using his power for personal gain and other acts, complaints or reports to the competent authorities.

    Article 35th of a citizen, legal person or other organization complaints or reports of problems receiving Department shall investigate, verify, be dealt with in a timely manner, and process the results will inform the complainant or informant.

    36th article violates these rules need to be given administrative punishment, in accordance with the servicemen's pension benefits Ordinance and regulations of the relevant laws and regulations.

    The sixth chapter supplementary articles

    37th article of the procedures are applicable to the Chinese people's armed police force.

Article 38th army retired, retired on pensions and preferential treatments, in accordance with the provisions relating to active duty on pensions and preferential treatments in these measures.

    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, in accordance with the measures of the relevant regulations.

39th on pensions and preferential treatments with multiple identity on pensions and preferential treatments, enjoy high status on pensions and preferential treatments.

    Otherwise provided for by the national and provincial, from its provisions. 40th disabled soldiers abroad (border) to settle every year if they can provide proof of a valid residence and continue to receive benefits in accordance with pension standards promulgated by the State that year. Pension from abroad (border) before settling down in Hukou County District Civil Affairs Department issued by the prefecture-level city governments established or not.

Nursing fees and living allowances since the second month of my household registration cancellation stopped.

Residing abroad, certificates from our embassies and consulates or consular certification issued by a local notary public settle in Hong Kong, a certificate issued by the notary approved by the Mainland settle the Macao and certificate of public witnesses recognized from the Mainland or Macao Government issued by the notary public settle in Taiwan, certificates issued by the local notary.

That year did not provide proof of residence, suspension of disability benefits from the second year; after the termination if they can provide proof of residence, paid from the provision of the second year of the proof of disability pensions.

    Other pensions and preferential treatments abroad (border) to settle, their pension entitlement since the second month of my household registration cancellation stopped, and then by residence within the county or not divided into districts of prefecture-level City Government Civil Affairs Department escalation provincial Civil Affairs Department.

    41st on pensions and preferential treatments related documents printed by the provincial Civil Affairs Department, the residence is located at or not divided into prefecture-level cities of the district people's Government issued by the Department of civil affairs. 42nd article of the rules take effect on September 1, 2011. January 16, 1992, published by the people's Government of the Guangdong Province, military pensions and preferential treatments for implementation measures be repealed simultaneously.