Implementation Measures For Military Pensions And Preferential Treatments In Hubei Province

Original Language Title: 湖北省军人抚恤优待实施办法

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(May 19, 2008 Executive meeting consideration of Hubei Province on May 28, 2008, Hubei provincial people's Government promulgated as of August 1, 2008, No. 318) Chapter I General provisions article to do the soldiers work on pensions and preferential treatments under the servicemen's pension benefits Ordinance (hereinafter referred to as the regulations), combined with the province, these measures are formulated.
    Article people's Governments at all levels should strengthen leadership of military pensions and preferential treatments to work within their respective administrative areas, establishment of pension benefits standards growth mechanism, ensure servicemen's pension benefits and the national economic and social development to adapt. Counties (including County-level cities, and cities of the area, the same below) the people's Governments at or above the level people's Government should be funding of military pensions and preferential treatments incorporate the budget is guaranteed.
    Military pensions and preferential treatments for funding should be earmarked, on pensions and preferential treatments Golden social issue, no unit or individual is allowed to occupy, withheld or misappropriated.
    State encourages social organizations and individuals to contribute to the cause of military pensions and preferential treatments.
    Article above County departments of civil affairs in charge of the administrative area of military pensions and preferential treatments.
    Within the administrative area of the province of State organs, public organizations, enterprises and institutions shall, in accordance with the provisions of the Ordinance and these rules, and fulfill their due responsibilities and obligations.
    The whole society should care and respect on pensions and preferential treatments, various martyrs campaigns.
    Article people's Governments at all levels have made outstanding achievements in military pensions and preferential treatments for work units and individuals, recognition and rewards.
    Death fifth chapter soldiers dead was approved as martyrs, are recognized as incurred the expense or died from the receipt of notification of the army documented survivor of the County Civil Affairs Department to determine (1) each 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. Certified survivors determined in consultation by the survivors of the dead soldiers, and the outcome of the consultations in writing inform the issuing County Civil Affairs Department.
    Negotiations are unsuccessful, issued the corresponding certificate in the following order: 1. the parents (foster); 2. the spouse 3. children have more than one child, to the eldest son or eldest daughter; 4. brothers and sisters, had several brothers and sisters, to the elderly 5. no such dependants, shall not be issued to.
    Certified survivors identified, issuing authority no longer change holder.
    After sixth active duty deaths, survivors pensions at once by the domicile of the holder of the County Civil Affairs Department issued according to the following pattern, requirements included in the County budget: (a) parents (dependants), spouses, children, and consensus of the assigned amount, in accordance with the negotiated amount issued through consultation, according to the number of matching issue. (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 assigned amount, in accordance with the negotiated amount issued through consultation, according to the number of matching issue.
    (C) no such dependants will not be issued. A one-time pension standards according to the relevant State provisions.
    Received the title of honor or meritorious servicemen dead, its one-time pension provided for by the State's standard issue.
    Article seventh of martyrs claim regular benefits survivors, survivors of the soldiers died while on duty military survivor, died, should apply to the domicile of the County civil affairs departments, civil affairs departments for review, to meet one of the following conditions, periodic pension receive a certificate will be issued, survivors ' voucher to receive regular benefits.
    (A) parents (dependants), spouse and without ability to work, no source of subsistence or income level is below the average standard of living of the local population, (ii) a child under the age of 18 or aged 18 years but due to school or the source-free living with disabilities; children or males reaching the age of 60 and women 55 years of age and had no descendants and no source of living.
    (C) the brothers and sisters under the age of 18 years or 18 years of age but due to school non-living sources and supported by the soldier died.
    Pension standards on a regular basis according to the relevant State provisions.
    Enjoy regular pension martyr 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.
    Disability chapter III article eighth active duty disability, should be in accordance with the Ordinance and the relevant regulations of the State, approved by the unit responsible for assessing the nature of disability and level, issue the People's Republic of China disabled permit. The disabled military servicemen of active service should be provided within the reporting period, with the People's Republic of China related proof of certificate of disabled soldiers quitting active service, and County Civil Affairs Department to receive the registration procedures for compensation.
    Received placed to County home sector should retired archives in the of declared, and identification and approval, assessment residual material for audit, meet provides of, handle pension registration, and will People's Republic of China disability soldiers card step by step reported province home sector handle change procedures; on not meet assessment residual range, conditions and the procedures not meet provides, documents, and material not complete of, Ministry of civil affairs door not handle pension registration procedures.
    Nineth service members disabled by war, business, did not assess levels of disabilities in a timely manner, discharged, eligible for evaluation of residual and record or the original medical certificate, may apply to the domicile of the County Civil Affairs Department has gone through assessing levels of disabilities, civil affairs departments should be in accordance with the relevant regulations.
    Discharged disabled soldiers of the original levels of disabilities and disability situation differs markedly from, and meet the conditions for adjusting the levels of disabilities, may apply to the domicile of the County Civil Affairs Department to adjust levels of disabilities, civil affairs departments in accordance with the relevant regulations.
    Article tenth soldier discharged with a disability, to receive the County Civil Affairs Department from next January as settles pension registration rules issued by the disability pension; assessed on replacement levels of disabilities or adjust the level of disabled war veterans with disabilities, disability evaluation of approval next month as a replacement or adjustment of a disability grade issuance of disability benefits.
    People's Governments above the county level, 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.
    11th and demobilized due to warfare, disabled due to old injury disability attributable death, recognized by 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 treatment died while on duty military survivor's pension in accordance with regulations.
    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 military survivors ' pensions survivors receive died.
    Article 12th from active service levels to four levels of disabled soldiers, the original collection or placed above the county level shall be responsible for receiving of the residence of the spouse, country dependent for life. Four placed one notch to disabled soldiers enjoy the care treatment, approved by the County Civil Affairs Department standards and requirements by the local County included in the budget. Meet the required conditions, need to be arrangements to glory or other social welfare agencies concentrated, placed above the County Civil Affairs Department, which needs to Les Invalides hospital support, approved by the provincial Civil Affairs Department.
    Concentrated levels to four levels of disabled soldiers, paid to himself no longer care.
    Nursing standard, by the provincial Department of civil affairs in conjunction with the financial sector in accordance with the relevant State provisions.
    13th discharged disabled soldiers need preparing prostheses, transport tricycle and other disability assistive device within the scope of the provisions, by the provincial Department of civil affairs in accordance with the relevant provisions of different situations to be addressed, and the specific measures shall be separately prescribed by the provincial Department of civil affairs in conjunction with the departments concerned.
    Fourth chapters preference 14th conscripts during active service, the family domicile County by the army to the preferential treatment of gold or other preferential treatment, treatment standards and measures for the city (prefecture, the same below) and county governments to determine.
    15th military 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.
    Conscripts and junior NCO enlisted former contracted arable land, forests, water and so on, should be maintained due to requisition of construction, should be required to compensate program submitted for approval; retired household to move to different places, according to the relevant State provisions.
    16th full-time college students recruited, where collected in this province, to County Civil Affairs Department should collect in preferential placement permit will be issued within a month, the preferential placement certificate of stub and certificate sent to the domicile prior to enrollment in conjunction with County Civil Affairs Department, by County of domicile prior to enrollment in accordance with the regulations to implement preferential measures.
    17th in the Xiang army of the Red Army veterans, in rural West Road army veterans of the Red Army, the Red Army lost personnel, demobilized soldiers, in spite of returning veterans by the domicile of the County Civil Affairs Department for regular quota grants, subsidies from the provincial civil affairs authorities and the financial sector such as determined in accordance with relevant regulations of the State.
    Regular quantitative benefits ex-Red Army veterans, in the rural West-route army of the Red Army veterans, separated persons, demobilized soldiers, in spite of the Red Army veterans in their hometowns after the death, an additional 6 months their enjoyment of regular quota grant, as funeral subsidy.
    Article 18th level to six soldiers with disabilities medical expenses of basic medical insurance and Medicaid combined with the protection system, and the specific measures shall be separately prescribed by the provincial Department of civil affairs in conjunction with the departments concerned. Seven-to ten-level disabled war veterans suffered recurrence of medical costs, have participated in work-related injury insurance, paid from the work injury insurance fund. Do not participate in work-related injury insurance, a work unit, addressed by the work units; no work units (including units of labor relations) the local county governments are responsible for resolving.

    19th article a level to six level disability soldiers yiwai of enjoy pension grants gold of special care and object, in town employment of, participate in town workers basic medical insurance, by provides payment, where units does have difficult of, local Government should through multi-channel funding help its parameter insurance; not belongs to town workers basic medical insurance range of, can by provides participate in town residents basic medical insurance or new rural cooperation medical, personal payment does have difficult of, by special care and object location home sector through urban and rural medical Rescue Fund, help its payment
    ; Do not participate in urban workers ' basic medical insurance, basic medical insurance for urban residents, or the new rural cooperative medical system, as well as to participate in the health care system but personal medical expense burden heavier, enjoying the rural cooperative medical care and special care and Medicaid.
    Receiving pension benefits, allowances, with the civil administration departments at or above the County issued a valid certificate, to designated medical institutions for treatment, waive the normal registration fee.
    Ex-Red Army veterans, in the rural West-route army of the Red Army veterans in the designated medical institution of medical expenses after approval by the County Civil Affairs Department in conjunction with the financial sector to solve.
    Article 20th servicemembers with valid documents, disabled military personnel with the People's Republic of China military credentials with disabilities priority ticketing to take our territory of moving trains, ships, long-distance bus and airline; disabled soldiers enjoy reduced 50% of the normal ticket price discount.
    Active-duty soldiers, disabled with valid documents free travel on local bus, tram, ferry and rail transport.
    Active military personnel, disabled military personnel with valid documents free of charge visit the province's parks, museums, places of interest.
    Article 21st 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.
    22nd on pensions and preferential treatments and their children, in accordance with the relevant provisions of the Ordinance and to enjoy preferential treatment in education.
    Conscripts and junior Sergeant discharged to apply for civil service, in preference over other candidates the same condition, which equated for length of service period.
    23rd article town pension preferential treatment object, family economic conditions special difficult of, purchase now tenant public housing Shi, can on its appropriate offers sale room price; continues to tenant public housing of, enjoy reduced rent 20% of offers; application low rental or purchase housing Shi, in equal conditions Xia enjoys priority; handle housing property card, and housing land right card Shi, can by provides appropriate relief charged of various tax; in confirmed application purchase housing qualification Shi, by enjoy of pension grants gold regardless of into its family income. When due to urban planning units disabled military housing construction should be in line with the principles of proper placement of disabled soldiers lives.
    When releasing the demolition and closure of temporary resettlement allowance, arms to impoverished disabled 20% criteria in according to the above provisions.
    Receiving pension benefits rural allowances, their family is incapable of alteration of existing buildings, by County priority into dilapidated housing renovation scope; houses damaged due to natural disasters, by the County Government to give priority to help resolve.
    24th Army Division (Brigade) level and above political authorities army officers families, families of civilian cadres and officers ' families, on the employment of non-personal reasons could not, according to the relevant provisions in the local payment, participating in the basic old-age insurance, the archives can be kept by the local employment service agencies receiving and providing the management costs.
    25th to apply for self-employed disabled soldiers, relieve the Administrative Department for industry and commerce registration fee, individual business, market management fee management fee.
    Disabled individuals engaged in labour, repairs and other service businesses achieved revenues exempt from sales tax, sales tax, engaged in business monthly sales fell short of 5000 Yuan, approved by the Inland Revenue Department, exempt from VAT. 26th people's Governments at all levels should strengthen the construction of glorious homes, special care and hospitals.
    Glorious concentrated allowances the basic standards of living by the County as provided in full in the budget.
    Various social welfare organizations should give priority to receive pensions and preferential treatments.
    Glory homes, special care and hospitals, martyr, military to take special care and institutions, such as the production and business operation activities carried out, in accordance with State provisions on the tax breaks.
    27th allowances apply to enjoy minimum living wage, enjoy preferential treatment in accordance with regulations gold, pensions, quantitative benefits regardless of family income on a regular basis.
    28th fifth chapter legal liability for breach of the Ordinance and these rules, the Ordinance prescribes penalties in accordance with the provisions of that Ordinance.
    29th State organs and their staff has refused to implement the Ordinance and these rules, the provisions on military pensions and preferential treatments, or misuse, interception, diversion, corruption, pensions and preferential treatments for funds, do not constitute a crime, by the unit or the relevant Department directly responsible person or mainly responsible shall be given administrative sanctions or disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.
    30th national staff responsible for military pensions and preferential treatments for negligence, malpractice, or the relevant Department be given administrative sanctions or disciplinary action by his employer; serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    Sixth chapter supplementary articles article 31st this approach applies to the Chinese people's armed police force.
    32nd 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 participating in the above county people's armed forces or reserve force military exercises, military training and carrying out military duties casualties are reservists, militia, workers compensation and other personnel, work units, according to the Organization's official casualty regulations; no work unit, in accordance with the measures of the relevant regulations. Article 33rd object migration of household in receipt of pension entitlement, shall at the same time dealing with transfer pension benefits. Migration of trans-provincial, city and County, respectively, by their original domicile of the province, city and County Civil Affairs Department in the pension benefit transfer certificate signed and sealed.
    Household moving out of the County Civil Affairs Department is responsible for the issuance of that year's pension entitlement, household moved to the County civil affairs departments should, based on his household moved to settle in proof, proof of transfer of pension benefits and pension benefits archives and other materials, from next January on pensions and preferential treatments approved by the local treatment.
    Article 34th demobilized soldiers in these measures refers to October 31, 1954, army, approved after demobilization from the army's personnel.
    In rural Veterans ' refers to the October 31, 1954, by the army, since discharged has never organized or I would request to be hired to work in State enterprises and institutions or demobilized soldiers.
    In spite of returning veterans in these measures refers to conditions of service during illness, assessing levels of disabilities has not been reached, ex-troop army unit at or above the specified in the files related to the hospital medical conclusion or the original medical records, and has not been cured of veterans in their hometowns. Left behind in these measures (home) is refers to the soldier's parents, spouse, children, relying on the military to provide for siblings under 18 years of age, and the soldiers had to rely on its support for 7 consecutive years, now must rely on the military life of other relatives (this approach referred to as dependency).
    Dependants shall be by the township (town) people's Government certified or notarized in accordance with law, approved by the County, before the implementation of the regulations has been recognized and enjoy the benefits of dependants, no longer changes. 35th these measures shall come into force on August 1, 2008.
  September 12, 1992, issued by Hubei Province people's Government of Hubei Province, military pensions and preferential treatments for implementation measures be repealed simultaneously.