Guizhou Province, Military Pensions And Preferences

Original Language Title: 贵州省军人抚恤优待办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346553.shtml

Guizhou province, military pensions and preferences

    (The 37th Executive meeting of December 21, 2010 in Guizhou province on December 31, 2010 122th promulgated by the people's Government of Guizhou province as of March 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, encouraging soldiers to defend the motherland and devotion to the development of, and under the servicemen's pension benefits Ordinance (hereinafter referred to as the regulations) and the provisions of relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Article in within the administrative area of the Chinese people's Liberation Army soldiers in the province (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 and active-duty military families, (hereinafter referred to as pensions and preferential treatments for objects) on pensions and preferential treatments, procedures apply.

    Third people's Governments at various levels should pay attention to and strengthen military pensions and preferential treatments. People's Governments at various levels shall safeguard pensions and preferential treatments for the object of life is not less than the local average living standards.

    Requirements for military pensions and preferential treatments, in addition to take part in the central budget, with the rest borne by the classification of people's Governments at various levels in the province, earmarks, and accept supervision by the financial and auditing departments. The whole society should care and respect on pensions and preferential treatments, various martyrs campaigns.

    Encourages social organizations and individuals contributing cause of military pensions and preferential treatments.

    Fourth provincial civil affairs departments across the province, military pensions and preferential treatments work 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.

    State organs, public organizations, enterprises and institutions shall fulfil their military pensions and preferential treatments for liabilities and obligations.

    V people's Governments at various levels to make outstanding achievements in military pensions and preferential treatments work units and individuals, recognition and rewards.

    Chapter II death

    Article sixth martyr survivors, survivors of the soldiers died while on duty military survivor, died, the County Civil Affairs Department based on approval or confirmation issued by the respective proof 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 and in accordance with the Ordinance and these rules, and enjoy pensions.

    Qian paragraph by column documents of holds human 1 people, by martyrs, and for public sacrifice, and died soldiers of parents (raised people), and spouse, and children consultations determine; no parents (raised people), and spouse, and children but has brothers sisters of, by brothers sisters consultations determine, and will consultations results to written form told County Government home sector; consultations not of, by local home sector determine and issued.

    Article seventh survivor domicile of the holder of the Civil Affairs Department under the people's Governments at the county level active duty deaths and the monthly wages of death, according to the regulations issued to family members of a one-time pension.

    Eighth one-time pension payment 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, in accordance with the survivors ' equal number issued; (B) parents (dependants), spouses, children and siblings, to siblings under 18 years of age and 18 years of age but no source of subsistence, and supported by the soldiers living brothers and sisters.

    Brothers and sisters above consensus and assigned amount, in accordance with the agreed amount issued through consultation, according to the number of equal distribution.

    Soldiers dying will and should be in accordance with his will dispose of its one-time benefits.

    Nineth win the honorary title or meritorious martyrs, servicemen died while on duty in uniform, died and their survivors enjoy a one-time pension by County Civil Affairs Department in accordance with the provisions of the Ordinance for private placement.

    Martyrs, died while on duty a soldier, died before military units received the title of honor or meritorious service, not to the survivor's additional one-time benefits. Martyrs of the article meet the conditions prescribed in the regulations of the survivors, survivors of the soldiers died while on duty military survivor, died, enjoy benefits on a regular basis. Apply to enjoy regular pension martyrs survivors, survivors of the soldiers died while on duty military survivor, died, I domicile shall take the relevant documents to the County Civil Affairs Department to handle.

    The County Civil Affairs Department shall, within 30 working days from the date of acceptance of the application shall be examined and verified, to meet statutory requirements, periodic pension receive a certificate will be issued and approved as a martyr, recognized as a public sacrifice soldier soldier and died according to standards set by the State from the date of regular pension paid to survivors; do not meet the statutory requirements and shall state the reasons in writing. Article 11th survivors ' pension benefits on a regular basis due to migration to apply for regular benefits transfer procedures, household to move out of the County Civil Affairs Department shall within 10 working days from the date of acceptance of the application, and responsible to that year's regular pension.

    Account moved to the County Civil Affairs Department shall periodic pension transfers to the survivor's application within 30 working days of the date with the regular pension transfer, and starting from next January to regular pensions.

    Cross-province transfer of pension recipients on a regular basis, household moving out of the County Civil Affairs Department within 10 business days, issued that year's regular pension, and pension transfer proven step by step to send signed and sealed provincial Civil Affairs Department.

    12th 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, SEO is not less than the pensioner's 20% or by other means be supplemented and guarantee their living not lower than the local average living standards.

    Chapter III disability

    13th article in accordance with the provisions of the Ordinance and these rules, active duty or discharged from the military for war maimed, disabled or disabled due to illness for the public, according to the labor disturbance and self-care disability from heavy to light into the first tier to ten levels of disabilities, and enjoy pensions.

    Living on disability benefits, difficulties remain discharged disabled soldiers and local people's Governments at or above the county level may be issuing disability pension or other benefits, guarantee their living not lower than the local average living standards. 14th and demobilized military personnel and the transfer of local placement of retired military personnel, need to identify the nature of disability, evaluate the grade of disability, should be documented, or the original medical certificate and in accordance with the relevant provisions of the Ministry of Civil Affairs of the disability management approaches apply. To declare the residual has objection and declared the six-class to first class levels of disabilities, organized by the provincial Civil Affairs Department set up a panel of medical experts for review.

    To qualify, after publicity without objection, approved by the provincial Department of Civil Affairs and a disability certificate issued; do not meet the conditions, it shall explain the reasons. 15th and demobilized soldiers with disabilities should be the People's Republic of China military credentials with disabilities and disability pension transfer, applied to the household moved to the County Civil Affairs Department transferred to the pension, moved to the County Civil Affairs Department shall conduct examination, registration, filing, and progressively submitted to the provincial Civil Affairs Department. Civil affairs departments at all levels shall, within 20 working days to complete the civil administration of matters necessary for the same level review identification of disability, can be extended up to 30 working days.

    Disability pension starting from next month, issued by the household moved to the County Civil Affairs Department. 16th discharged disabled soldiers migrated within the province of residence, and shall hold their disability certificates and the booklet to the household to move out of the County Civil Affairs Department to apply for disability pension transfer. Household to move out of the County Civil Affairs Department under the disability application and their disability certificates and move into a booklet, disabled file, ingoing to photocopy and transfer the transfer certificate for amputees and other materials into the County Civil Affairs Department, and responsible to that year's disability pension. Household moved to the County Civil Affairs Department upon receipt of the above materials and disability for disability certificate, escalating provincial civil affairs departments registered by program, and the pension as from next January.

    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.

    Discharged disabled soldiers across the province of residence, according to the Ministry of Civil Affairs of the management of disability-related provisions. Article 17th from active service levels to four levels of disabled soldiers, supported by the national life and concentrated or dispersed settlement.

    Placed in principle back into the army before the original call or place the residence of the spouse.

    18th level to four soldier discharged with disabilities, consistent with one of the following conditions, upon approval by the provincial Department of Civil Affairs, supported by some Hotel des Invalides rehabilitation hospital:

    (A) since the disability requires constant medical treatment;

    (B) daily life need care, not easily placed to take care of;

    (C) alone and not placed.

    Concentrated retire from one-to four-level disabled war veterans do not enjoy nursing, family homes not in principle.

    After concentrated, placed after rehabilitation requirements, by the army before the original solicitation or residence of the spouse of the County Civil Affairs Department to receive.

    19th national plan placed orders placed from level to level four disabled soldiers, to receive the county-level people's Government, the Ministry of civil affairs should receive a resettlement plan within 1 year after falling to buy housing for dependent objects.

    Placed one-to four-level nursing of disabled soldiers, in accordance with the criteria set out in the regulations, issued by the County Civil Affairs Department, funded by the financial burden.

    Article 20th discharged disabled soldiers need to configure pathological footwear, prostheses, transport tricycle and other assistive devices, by myself (mentally ill by its stakeholders) applications by disabled war veterans after the domicile of the County Civil Affairs Department, after the required approval of the provincial Civil Affairs Department uniform configuration.
The fourth chapter preference

    Article 21st for active duty military families, by domicile when the County Civil Affairs Department in the army with preferential placement of the cards given preferential treatment. Enlisted active duty military from the University of Guizhou nationality college students ' families, the domicile prior to enrollment of college students by County Civil Affairs Department in accordance with the national provisions giving preferential treatment to local military family benefits.

    Preferential treatment for military families standard not lower than the local average living standards. On the Qinghai-Tibet plateau and the harsh conditions of conscripts serving border, island, appropriate additional preferential treatment of their families should be gold.

    Additional proportions determined by the people's Governments at the county level.

    22nd discharged servicemen, demobilized soldiers, in spite of returning veterans with disabilities, martyrs ' survivors, survivors of the soldiers died while on duty military survivor, died, in the rural ex-Red Army veterans, separated from the Red Army, fighting nuclear decommissioning personnel, belonging to key entitled groups. Health care against key entitled groups. When key entitled groups treated in medical institutions, where, with priority documents by registered priority, preferential treatment, medicine, preferred hospital. Encouraging and guiding the voluntary waiver of medical institution registration fee, examination fee, injection, infusion fees, inspection fees, surgery, bed charges fees for its services.

    Key entitled groups health care preferences, by the provincial civil affairs, finance, price control and jointly developed in the health sector. 23rd people's Governments above the county level shall incorporate key entitled groups Medicaid funds into the budget at the same level, arrange from the peer using the welfare Lottery funds for allowances, health care.

    Encourage charitable funds in special care and health care. Article 24th disabled due to old injury needed treatment in the field, should be issued by the local medical insurance agency designated hospitals hospitals submissions reported to the organization or domicile County Civil Affairs Department and consult or work-related injury insurance medical insurance management institutions and administration. Disabled soldiers of the unit costs of transportation, accommodation, in public, by the unit to which they (workers) injury insurance benefits apply.

    No work unit, the transport, accommodation costs are covered by County Civil Affairs Department grant.

    25th levels to four levels of disability a soldier's spouse, eligible, the local employment service agencies should give priority to the implementation of employment policies, employment help and guidance. Article 26th civil aviation, railway, long-distance bus stations and other units should be set up active-duty soldiers, disability service window. Active military with valid documents, disabled military personnel with the People's Republic of China Disabled military certificate of priority tickets by internally running train, ship, bus, domestic airliner and disabled soldiers enjoy reduced 50% of the normal ticket price discount. Disabled soldiers with the People's Republic of China disabled permit free travel on local bus, tram and rail transport. Active military personnel travel on local buses, trams and rail transport, town people's Governments shall formulate specific preferential schemes.

    Soldiers and disabled war veterans free to use public toilets. 27th active servicemen, disabled military personnel with valid documents for free visit provincial nature reserves, scenic areas, parks and other tourist areas (points) and museums, memorials, cultural relics protection units, free to read books in the library.

    These management units should be free in the conspicuous signs.

    28th State organs, public institutions and State-owned enterprises and State-holding and the dominant position of State-owned capital employed staff, under the same conditions should give preference to veterans.

    Article 29th disabled servicemen, demobilized soldiers, in spite of returning veterans and martyrs ' survivors, survivors of the soldiers died while on duty military survivor, died, fighting nuclear decommissioning personnel enjoy the following preferential treatment of housing:

    (A) meet the requirements of the national and provincial conditions for acquisition of housing, for the purchase of housing, should give priority to be addressed;

    (B) family housing difficulties for low-rent housing should be priority in accordance with national and provincial housing be resolved; living accommodation and living on pension entitlement, the rent in accordance with the standards of low-rent housing rent grants preferential treatment;

    (C) living on pensions and preferential treatments of rural life particularly difficult need to build, by County and township people's Governments and grass-roots organizations the necessary material assistance, staff support and financial aid.

    Article 30th retired soldiers and disabled war veterans, children of martyrs, died while on duty soldier children, disabled soldiers four levels to children, military children to receive education, to enjoy the preferential treatment prescribed by the national and provincial education.

    31st did not participate in the work, demobilized soldiers and in accordance with the following criteria and after approval by the domicile of the County Civil Affairs Department, according to the prescribed standards in rural Veterans ' regular quota allowances shall be provided:

    (A) on October 31, 1954 to commence compulsory military service before the Red Army and the Northeast Anti-Japanese United Army full-time guerrillas, in turn, the army led by the Chinese Communist Party and the people's Liberation Army, the Chinese people's volunteers;

    (B) demobilized documents held or approved by the Organization effective evidence of demobilization.

    Rural Veterans of regular quota allowances determined by the Civil Affairs Department under the people's Governments at the county level local average living standards and increase of farmers ' income per capita growth rate not less than the previous year.

    32nd did not participate in the work, in evaluating the illness, during military service have not yet reached levels of disabilities conditions for veterans, ex-troop army unit at or above the specified in the archive Hospital made medical conclusions or veterans of the original medical records, after approval by its domicile County Civil Affairs Department to give returning veterans living with illness benefit.

    Article 33rd after November 1, 1954 by the army, and took part in combat with the enemy, now living in rural areas and towns, no work unit, retired personnel and difficult family life, with its domicile County Civil Affairs Department for approval after the war retired workers living allowance.

    34th article does not meet the assessment residues and enjoy sick veterans allowance conditions in their hometowns, but sick or disadvantaged rural or urban work units of retired personnel took part in nuclear tests, after approval by its domicile County Civil Affairs Department, nuclear decommissioning subsistence allowances shall be provided.

    Article 35th of martyrs are still difficult to rely on periodic pension life survivors, survivors of the soldiers died while on duty military survivor, died, living on disability benefits, difficulties remain disabled soldiers and the difficulties of life in rural veterans, returning veterans are ill and fighting nuclear decommissioning personnel, the residence is located at county level shall give priority to their integration into urban and rural social assistance system coverage, to help. 36th Army Division (Brigade) level and above political organ of the dependents, a work unit before the war, and force local government human resources and Social Security Department shall assist in the transfer of their employment relationship.

    No work units before army troops dependents should be done where the employment services employment services, providing employment and training, guidance and recommend employment. 37th labor demand units, priority placement of dependents under the same conditions of employment. Conditional areas, enterprises and institutions for employing dependents, may be given a certain amount of financial assistance.

    Dependents due to reasons such as bankruptcy, shut down unemployment, may receive unemployment insurance benefits, during the period of receiving unemployment insurance, in accordance with the relevant provisions of the employment service offers free vocational guidance and job placement, unemployment registered dependents provide free vocational training, and under the same conditions lead their reemployment.

    The fifth chapter legal liability 38th article County above Government home sector or other about sector violation this approach about provides, not in provides term within or not by provides program issued about certificate, and regularly pension received card, and pension preferential treatment gold, handle regularly pension received procedures and death, and disability pension relationship moved out moved procedures or evaluation disability grade, and adjustment disability grade and has other negligence, and engages in, and abuse, is not constitute crime of,

    The people's Government or by the competent administrative agency of the Government should be ordered to rectify, fails to mend and cause serious consequences to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.

    Units are not required to perform his duties, on pensions and preferential treatments to its parent bodies that charge, or apply for administrative review.

    39th 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. 40th of deception to obtain pensions and preferential treatments for qualified staff, reviewed by the County Civil Affairs Department, step by step after the approval of the provincial Civil Affairs Department, cancel its pensions and preferential treatments for qualification and the County Civil Affairs Department is responsible for recovering all payments on pensions and preferential treatments.

    If the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    41st other offences penalties for violating these rules, provisions of the relevant laws and regulations on punishment, from its provisions.

    The sixth chapter supplementary articles

    42nd article of the regulation is applicable in the province within the administrative area of the Chinese people's armed police force.

    Article 43rd on pensions and preferential treatments with multiple identity on pensions and preferential treatments, enjoy a status according to higher principles on pensions and preferential treatments. 44th these measures shall come into force on March 1, 2011. May 16, 1990 promulgated by the people's Government of Guizhou province, Guizhou province, military pensions and preferential treatments for implementation measures be repealed simultaneously.