The Servicemen's Pension Benefits Ordinance In Hebei Province Approaches

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

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The servicemen's pension benefits Ordinance in Hebei province approaches

    (January 14, 2009 the 26th Executive meeting of Hebei province by people's Government of Hebei province, January 16, 2009 [2009] 2nd announcement as of March 1, 2009) Chapter I General provisions

    First to ensure the State Council and the Central Military Commission of the military implementation of the pension benefits Ordinance, combined with 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 veterans, veterans, survivors of the martyrs, who sacrificed the military survivor, died of the military survivors, an active duty military families and other persons in accordance with the regulations of the State should enjoy pensions and preferential treatments, is the pensions and preferential treatments as provided herein, in accordance with the relevant provisions of the State and the province enjoy 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, pensions and preferential treatments for the object's standard of living not lower than the average living standards of local residents.

    Fourth civil affairs departments above the county level people's Government soldiers in charge of the administrative work on pensions and preferential treatments.

    Finance, the people's Governments above the county level labor and social security, health, human services, construction and other administrative authorities and responsibilities of relevant administrative units shall, in accordance with the regulations, to complete the military pensions and preferential treatments.

    Social organizations, enterprises, institutions and other concerned organizations and individuals shall fulfill their military obligations on pensions and preferential treatments.

    Article fifth the whole society should respect and care to pensions and preferential treatments.

    People's Governments above the county level and the relevant departments and social organizations should carry out various forms of activities and martyrs.

    Radio, television and other news media shall cooperate with the martyrs campaign free advertise martyrs public service announcements. Sixth to encourage units and individuals to contribute to the cause of military pensions and preferential treatments.

    Donations received by the civil affairs departments above the county level people's Government according to law, management, and earmarked for military pensions and preferential treatments.

    Chapter II death

    Article seventh military deaths was approved as martyrs, were confirmed to have died while on duty or died, County Civil Affairs Department received a notice of the army should be respectively, fill in 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.

    Eighth holder by martyr or the parents of the soldiers died while on duty in uniform, died (dependants), spouses, children consultation, and informed the army received notice in writing of the County Civil Affairs Department through consultation, certification in the following order:

    (A) parents (foster);

    (B) the spouse;

    (C) the child has more than one child to long-child.

    No parents (dependants) to brothers and sisters, spouses, children, there are a number of older brothers and sisters to brothers and sisters.

    Martyr or soldiers died while on duty in uniform, died without parents (dependants), spouses, children, brothers and sisters, does not issue certificates.

    Certificate holder to determine general no longer changes.

    Nineth certificate of handling the process, County departments of Civil Affairs and other relevant organizations and individuals on active duty status, death, nature, such matters as wages, as well as approval authority to the martyrs, servicemen died while on duty disagrees with organs or died, should be reported to the provincial Civil Affairs Department in consultation with army confirmation. Tenth after the publication of the certificate holder domicile County Civil Affairs Department should be according to the criteria prescribed by the State a one-time pension.

    Requirements are paid for by the County finance.

    Martyr, soldiers have died while on duty in uniform, died parents (dependants), spouses, children, and a one-time pension allocations of consensus, consultations determined the amount of the issue through consultation, according to the average number issued. Military martyrs, died while on duty in uniform, died without parents (dependants), spouses, children, one-time pension to its brothers and sisters under the age of 18 and has 18 years of age without sources of subsistence and its dependent brothers or sisters before his death.

    Meet the brothers and sisters of a disposable pension payment conditions for two or more people and the consensus of the one-time benefit allocation amount according to consultations determined the amount of the issue through consultation, according to the average number issued.

    Military martyrs, died while on duty in uniform, died without parents (dependants), spouses, children and brothers and sisters of the one-time pension payment conditions are met, does not issue a one-time benefit. 11th survivors of martyrs, died while on duty military survivor, died of the military survivor's compliance with the military provisions of the pension benefits Ordinance enjoy regular pension conditions, shall apply to the domicile County Civil Affairs Department for registration.

    The County Civil Affairs Department shall accept the application within 30 working days of investigation and verification, and meets the statutory requirements for registration, issuance of pension recipients on a regular basis documents and spontaneous card month according to the prescribed standards issued periodic pensions; registration does not meet the statutory requirements, receive documents not be issued to regular pensions.

    Article 12th regular pensions survivors of martyrs, died while on duty military survivor, died of the military survivor of two or more persons and registered permanent residence is not in the same County (municipal and district), their regular pension from the respective domicile County Civil Affairs Department issued by local standards, respectively.

    Article 13th periodic pensions survivors of martyrs, died while on duty military survivor, died a soldier survivors for their participation in the national entrance examination entering full-time higher, secondary school and the migration account, its domicile prior to enrollment County Civil Affairs Department shall continue to issue regular pensions.

    14th article enjoy regularly pension of martyrs survivors, and for public sacrifice soldiers survivors, and died soldiers survivors account migration Shi, moved out to County Government home sector should according to I application and household proved for its handle regularly pension transfer procedures, and is responsible for issued when of regularly pension; moved to County Government home sector should according to I application, and household proved, and pension relationship transfer proved and pension archives, material, from next year January up by local standard issued regularly pension.

    Chapter III disability

    15th 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. 16th article active soldiers for war, and for public disability not timely finds disability nature and evaluation disability grade, in exit active Hou, its official archives in the has original where forces involved its wounded original situation, and treatment situation and the rehabilitation processing situation of records, or I holds original where forces army above units specified of Army Hospital issued of can description its disability reasons of illness diagnosis, and discharged summary or official records, and illness check and experiment analysis records of,

    I (the mentally ill by its stakeholders) can apply to the domicile County Civil Affairs Department found that the nature of disability and go through assessing levels of disabilities.

    17th and demobilized soldiers with disabilities disability has worsened, the original assessment of levels of disabilities and disability situation differs markedly from my (mentally ill by interested persons) to the Hukou County Government departments of civil affairs adjusted the level of disability, can re-assess the levels of disabilities.

    Article 18th discharged disabled soldiers, dealing with moving disability procedures, issuing disability pension since next January.

    Assessed on applying for disability level and adjust the levels of disabilities discharged disabled soldiers, after the approval of the provincial Civil Affairs Department, paid monthly or additional disability benefits.

    The migration account 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 19th discharged from level four to disabled soldiers supported by country life, in living, housing, health care and so on to protect it.

    Which needs long-term medical or alone and inconvenience placed, upon approval by the provincial Department of Civil Affairs, can be concentrated.

    20th discharged disabled soldiers needed 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, according to the relevant provisions of the provincial Civil Affairs Department. Article 21st and demobilized due to warfare, disabled war veterans disability attributable deaths due to old injury, died while on duty either by the County Civil Affairs Department one-time military standards of pensions to their survivors pension.

    Requirements are paid for by the County finance.

    The fourth chapter preference 22nd conscripts during active service, the family domicile County to favour gold or other preferential treatment, preference standard not lower than the local average living standards.

    Payment of preferential treatment requirements in the County budget expenses.

    College students during compulsory military service, the family domicile prior to enrollment by County by local provisions giving preferential treatment to the military family discount.

    Article 23rd level to six and demobilized soldiers with disabilities medical expense and seven to ten discharged disabled soldiers suffered recurrence of medical expenses, in accordance with the relevant provisions of the State to protect it.
Seven level to 10 level exit active of disability soldiers old injury recurrence yiwai of outpatient costs, and enjoy regularly pension of martyrs survivors, and for public sacrifice soldiers survivors, and died soldiers survivors and by national provides enjoy life grants of demobilized soldiers, and sick home veterans, and war veterans of outpatient costs, by not below its annual disability pension gold, and regularly pension or life grants costs total 10% of standard give grants, to I lump sum using.

    Qian paragraph provides of pension preferential treatment object on its participate in of town workers basic medical insurance, and town residents basic medical insurance or new rural cooperation medical guarantees range within hospital costs of since pay part to paid of, its household location County Government should by provides give urban and rural medical rescue; by urban and rural medical rescue still to paid or I not urban and rural medical rescue object of, by personal since pay part 20% to 80% of standard give hospital costs grants.

    The second and third paragraphs of this article on pensions and preferential treatments outpatient costs and subsidies for hospitalization expenses paid by the County finance, municipal finance department in accordance with the regulations of provincial and district subsidies.

    Article 24th on pensions and preferential treatments when they object to the medical institution, concerning documents registration, priority treatment, priority to get the medicine, preferred hospital, and according to the relevant regulations of the State fee waivers.

    25th discharged disabled soldiers enjoy the State and promoting the employment of persons with disabilities policy preferential treatment in the province.

    Discharged disabled soldiers due to bankruptcies, unemployment, business departments or determine other relevant departments responsible for coordinating the resettlement of the people's Governments at the county level.

    Article 26th on pensions and preferential treatments to start a business, the local administration for industry and Commerce and taxation departments should give priority to the relevant procedures, tax relief and State regulations.

    Relevant departments of the people's Governments above the county level and from the financial, technical, information, and support on pensions and preferential treatments to carry out production and business activities, raise standards of living.

    27th servicemembers with valid documents by urban bus, tram and rail transport enjoys preferential treatment, active military personnel, disabled military personnel with valid ID visit fees parks, museums, historical sites and enjoy preferential treatment, and the specific measures separately by the city people's Governments concerned and the Park, museums, places of interest management unit provides for local people's Governments above the county level.

    28th article on pensions and preferential treatments and their children, in accordance with national and provincial regulations, enjoy preferential treatment in education.

    Public schools in school children of martyrs in accordance with the regulations waive tuition, miscellaneous fees, boarding students of granting living subsidies.

    Active military personnel transferred their children need to be transferred, on educational administration and school shall promptly transfer formalities, and to help local schools. 29th article exit active of five level to 10 level disability soldiers, enjoy regularly pension of martyrs survivors, and for public sacrifice soldiers survivors, and died soldiers survivors, by national provides enjoy life grants of demobilized soldiers, and sick home veterans, and war veterans and State home sector provides of other personnel, no housing or does have housing difficult, household town of, household location County Government and about sector should to its priority provides low rent housing or in its purchase economic applies housing Shi priority arrangements

    ; Household registration in rural areas should help to solve housing difficulties. 30th Army Division (Brigade) level and above political authorities army officers families, families of civilian cadres and officers ' families settled in formalities by forces of public security authorities at their place.

    Army before State organs, social organizations, enterprises and workers, garrison local 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; self-employed, according to the relevant regulations of the State relief costs.

    31st article 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 of active officers, and civilian cadres, and Sergeant, its meet army conditions but for forces resident cannot solution employment school, problem and cannot army of family, by Army Division (Brigade) level above units of political organ approved, can in household location by rural account to town account, its children in local priority arrangements school.

    32nd in line with conditions set by the State of the demobilized soldiers, in spite of returning veterans, war veterans and other personnel of the Civil Affairs Department under the State Council, confirmed by the domicile County Civil Affairs Department investigation to verify the identity, confirm the status of the current month according to the required standard to give living allowances.

    33rd article on relies on disability pension gold, and regularly pension or life subventions life still has difficult of exit active of disability soldiers, and martyrs survivors, and for public sacrifice soldiers survivors, and died soldiers survivors, and demobilized soldiers, and sick home veterans, and war veterans and State home sector provides of other personnel, its household location County Government should will its priority into urban and rural social rescue guarantees range give rescue, or take other way give appropriate grants.

    Prescribed in the preceding paragraph in the applications for the urban and rural minimum living standard security when their pensions and living allowances not included in family income.

    34th people's Governments above the county level shall be in accordance with local economic development and the actual needs, offer special care and hospital (outpatient), glorious, used in the treatment or concentrated the law on pensions and preferential treatments provides personnel and unable to take care of personnel.

    Special care and hospitals, glorious construction, maintenance and management of the funds are included in the financial budgets.

    Article 35th support on pensions and preferential treatments of objects after the death of on the enjoyment of their family an additional 6 months of its original, the NT as funeral subsidy.

    The fifth chapter by-laws

    Article 36th on pensions and preferential treatments over object has a dual identity, according to higher principles, enjoy a status of pensions or benefits. 37th article of the rules take effect on March 1, 2009. February 21, 1993 published by the provincial Government of Hebei province, military pensions and preferential treatments for implementation measures be repealed simultaneously.

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