The Servicemen's Pension Benefits Ordinance In Jiangsu Province Approaches

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(February 29, 2008 Jiangsu Province Government 2nd times Executive Conference considered through March 20, 2008 Jiangsu Province Government makes 43rd, announced since May 1, 2008 up purposes) first chapter General first article to sound and perfect soldiers pension preferential treatment system, incentive soldiers defend country, and construction country of dedicated spirit, strengthening defense and army construction, according to soldiers pension preferential treatment Ordinance (following referred to Ordinance) and other about legal, and regulations, combined this province actual, developed this approach.
    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, are provided for under the Ordinance and these rules, pensions and preferential treatments, in accordance with the provisions of the Ordinance and these rules, and enjoy pensions and preferential treatments.
    Third military pensions and preferential treatments, combining national and Community policy, guarantee of military pensions and preferential treatments and adapted to national economic and social development, safeguard pensions and preferential treatments for the object of 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.
    The Government encourages social organizations and individuals to contribute to the cause of military pensions and preferential treatments. Fourth local people's Governments at or above the county level shall establish standards of military pensions and preferential treatments for natural growth. Requirements for military pensions and preferential treatments, in addition to Central Government allocated by provinces, city divided into districts, counties (cities and districts) classification of Government burden.
    Central and local governments allocated funding of military pensions and preferential treatments, earmarks, and accept supervision by the financial and auditing departments.
    Article fifth heads of local people's Governments at or above the county level for home military pensions and preferential treatments work within their respective administrative areas.
    Local people's Governments at or above the county level financial, construction, labor and social security, health, education and other sectors, according to their respective duties do the soldiers work on pensions and preferential treatments.
    Within the administrative area of the province of State organs, social organizations, enterprises and institutions shall fulfil their military pensions and preferential treatments for liabilities and obligations. Second chapter death pension sixth article active soldiers death was approved for martyrs, and was confirmed for for public sacrifice or died of, by its survivors holding approved organ, and confirmed organ to of martyrs notice, and for public sacrifice soldiers notice, and died soldiers notice, to household location County Government home sector application for 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, handle pension registration, in accordance with
    Ordinance and these rules, and enjoy pensions. Seventh article martyrs survivors, and for public sacrifice soldiers survivors, and died soldiers survivors enjoy of one-time pension, by holding card survivors household location County Government home sector according to following provides issued: (a) survivors in the has soldiers of parents (raised people), and spouse, and children of, pension to parents (raised people), and spouse, and children; no soldiers of parents (raised people), and spouse, and children of,
    Pension issued to soldiers under the age of 18 years of brothers and sisters and has 18 years of age without a source and the military dependent brothers or sisters before his death, (ii) number of survivors ' pension for more than 2 people, distribution of pensions by the deceased's family negotiated through consultation, according to the average number of survivors. Survivors of the martyrs of the eighth provincial people's Government to release a one-off compensation, standard according to the martyr's death the previous year calculated 40 monthly wage of fully employed staff across the province.
    One-time compensation in the fiscal budget, according to the nuclear pulling.
    One-time compensation by one-time issuance of pension provisions to the survivors of the martyrs. Nineth martyrs to meet the conditions prescribed in the regulations under section survivors, died while on duty soldiers sent to regular military survivors ' pensions survivors, died.
    Receive regular pension of soldiers ' spouses remarried, for military parents (dependants), children have been fulfilled or continue to perform maintenance, maintenance obligations and the difficulty of life, you can continue to send periodic pension. Survivors of the martyrs of the tenth, died while on duty military survivor, died of the military survivor's pensions standards on a regular basis, annual average wage of fully employed staff should be based on the domicile as the reference base, according to the proportions set forth, and natural increase.
    Rely on periodic pension is still difficult, local people's Governments at or above the county level may otherwise be supplemented.
    Not enjoy regular pension martyrs, servicemen's parents died while on duty in uniform, died (dependants), spouses, their income level is lower than that of similar objects in the local pension standards on a regular basis, may apply to the domicile home sector subsidies, after confirmation, shall, in accordance with the periodic pension standards for replenishment of similar objects.
    Disability chapter III article 11th discharged disabled soldiers, with the People's Republic of China certificate of disabled soldiers quitting active service proved by their domicile pension registration County Civil Affairs Department, in accordance with the Ordinance and these rules, the provisions of an invalidity pension.
    12th no work unit or have no fixed standards of disabled war veterans disability pension income should be above the annual base of domicile as reference the average wage of fully employed staff, according to the proportions set forth, implementation of natural growth requirements by both the Central and local fiscal burden. State organs, public organizations, enterprises or institutions receive retired or disabled military disability pensions, in accordance with the criteria set out in Ministry of Civil Affairs, the Ministry of Finance issued.
    Their wages or retirement and disability benefits and lower than the level in the preceding paragraph disabled disability standards, may apply to the domicile home sector subsidies, after confirmation, should be given a lot.
    13th from active service for disabled war veterans disabled by war, business, identified by the domicile medical institutions above the county level are due to old injury death, domicile County Civil Affairs Department in accordance with the standards of pensions to their survivors died while on duty soldiers a one-time pension family members enjoying the sacrifices military survivor's pension benefits for the public. From active service due to war, disabled war veterans disability attributable deaths due to old injury, a one-time pension disability pension calculation standard for 40 months.
    If their disability pension row level below army second lieutenant wage, as army platoon level of second lieutenant position salary (grade II) salary and rank sum of two standard gauge.
    14th discharged disabled soldiers need preparing prostheses, transport tricycle and other auxiliary devices, by the provincial Department of civil affairs in charge of solving, financial burden, funded by the province. Fourth chapters preference during the 15th military active duty and their families to favour gold or other preferential treatment by the local government, the requirements raised by the local government. Preferential treatment on the gold standard not lower than annual per capita disposable income of urban residents of 30%, served in Tibet, should raise the preferential treatment of the gold standard.
    City divided into districts, counties (cities and districts) people preferential specific gold standard can be determined according to the actual situation.
    16th soldier and junior non-commissioned army of rural collective economic organizations collectively owned by peasants before land expropriated, other landless peasants and collective economic organizations should be given the same compensation enlisted former domicile houses have been imposed, should be given with other original domicile are charged the same compensation. Article 17th receiving regularly or benefits, and without a fixed income of disabled servicemen, demobilized soldiers, in spite of returning veterans retired persons and martyrs, war survivors, survivors of the soldiers died while on duty military survivor, died, was focused on pensions and preferential treatments.
    Focus on pensions and preferential treatments from domicile County Civil Affairs Department of the Jiangsu Province focused on pensions and preferential treatments of the card. 18th article on focus pension preferential treatment object, take following guarantees measures, help its solution medical difficult: (a) opened special care and outpatient, and special care and ward, established special care and hospital, and glory hospital, medical service center, provides priority, and quality, and offers service; (ii) participate in new rural cooperation medical and town residents basic medical insurance of, personal should make of participating fee, and parameter premium by local government solution; (three) on participate in new rural cooperation medical and town residents basic medical insurance of focus pension preferential treatment object,
    Encourage them to participate in the medical insurance, hospitalization medical insurance allowances shall be provided and (iv) establishing a focus on pensions and preferential treatments for serious illness Relief Fund. 19th article focusing on pensions and preferential treatments for Veterans of the Red Army veterans, separated from the Red Army officer basic medical expenses fully subsidized; provides basic medical expenses paid less than 10%, the martyr family, died while on duty military survivor's basic medical expenses paid less than 30%; died military survivors ' basic medical expenses paid less than 40% on October 31, 1954 army before receiving regular and fixed living allowance of demobilized soldiers, Seven to ten soldiers with disabilities medical expense pays less than 50%; seven-to ten-level disability after November 1, 1954 by the army soldiers, in spite of returning veterans and fight basic medical costs for retired staff pays no more than 60%.
    Specific measures established by the city and County (city, district) people's Government according to the actual situation.
    Fiscal focus on pensions and preferential treatments for objects more give appropriate subsidies to the difficult area, to help focus on pensions and preferential treatments for medical problems.
    Article 20th focused on pensions and preferential treatments for objects under the same conditions to give priority to social assistance and relief; in areas affected by natural disasters, to prioritize their lives and homes.
    Focus on pensions and preferential treatments in the orphans, orphan, regular or benefits on the basis of the original standard issue 20%.
    On pensions and preferential treatments have dual or multiple identity on pensions and preferential treatments, regular or benefits should be enjoyed one of the highest standards. Article 21st rely on regular or benefits focus on pensions and preferential treatments, with the focus on pensions and preferential treatments in Jiangsu Province card, can refer to the local preferential policies. Focus on pensions and preferential treatments to enjoy when the subsistence allowances for urban and rural residents, their pensions, grants, preferential treatment of gold and meritorious honor payments regardless of family income.

    22nd in the State organs, public organizations, enterprises or institutions of disabled soldiers, injured personnel enjoy the unit equal wages, social insurance and welfare benefits.
    No unit shall be permitted due to a disability be dismissed, dismissal or termination of labor relations.
    Due to dissolution, be revoked, declares bankruptcy, unemployment of disabled soldiers, by unit authorities and Hukou County people's Government is responsible for the implementation of their basic livelihood, medical care. 23rd local people's Governments at or above the county level shall uphold the administrative allocation and market regulation, is the principle of military obedience family employment. Families of military obedience not implemented within the specified period of employment in the provincial government, placing people's Government shall, in accordance with the local urban residents ' minimum living standard grant and guarantee their basic living.
    Self-employed families of military obedience, given preferential treatment in accordance with national, provincial and local regulations, the local Government to its one-time settlement allowances in accordance with certain criteria. 24th army survivors of martyrs, died while on duty military survivor's military survivor transfer of local people's Governments place and died, according to army standards lower than the NT enjoy local compensation standards, should be given a lot.
    Other benefits in accordance with the relevant local people's government pension benefits regulations. 25th retired never organized or I re-apply after being hired to State organs, public organizations, enterprises and institutions working orphans, or elderly and infirm lost his work life of demobilized soldiers, by domicile County Civil Affairs Department for periodical and fixed living allowance standard basis and proportional in accordance with province and natural growth.
    Veterans ' documents, there is a fixed income but less than the same period the army demobilized regular quota standard of living allowance, may apply to the domicile home sector subsidies, after confirmation, should be given a lot.
    In both rural and urban work units and hardship the war retired people, in spite of returning veterans ' disability and living difficulties, can give quantitative support on a regular basis.
    Receiving periodical and fixed living allowance of the demobilized soldiers, in spite of returning veterans, the war when retired officer died, periodical and fixed living allowance issued for 6 months as a funeral grant.
    Article 26th receiving periodical and fixed living allowances to demobilized military forces and disabled soldiers enlisted before October 31, 1954, after the death of the spouse I have no fixed income, by domicile County Civil Affairs Department in accordance with the local urban minimum living standard to living allowances. 27th Government set up the special care and hospitals, glorious homes (homes for the elderly within the glorious room), a treatment or focus on pensions and preferential treatments for dependent orphans and unable to take care of.
    Concentrated on pensions and preferential treatments of homes for the living conditions should be better than the other dependent objects.
    Various social welfare organizations should give priority to receive pensions and preferential treatments. 28th servicemen awarded three order of merit, a one-time award year conscripts family incentives payments not less than 20%, second-class merit no less than 40%, more merit of not less than 50%.
    Of persons receiving periodical and fixed living allowances to demobilized military forces during the war years was awarded battle, in accordance with the criteria set out in provincial rewards.
    Parents of martyrs to not enjoy regular pension (dependants), spouse, may be given a certain amount of material, specific measures established by the city and County (city, district) people's Government development.
    These requirements should be included in the local budget, the County Civil Affairs Department is responsible for payment. 29th on pensions and preferential treatments and their children in accordance with national and provincial regulations, enjoy preferential treatment in education.
    Relatively concentrated more on pensions and preferential treatments and the garrison area of the people's Government according to the specific preferences. Chapter fifth supplementary provisions article 30th on pensions and preferential treatments was sentenced to deprivation of or wanted persons during the civil affairs departments above the county level people's Governments should suspend its pensions and preferential treatments; in its sentence of execution expires, after the resumption of civil, I applied for and approved by the local people's Governments at or above the county level departments of Civil Affairs, on pensions and preferential treatments can be restored.
    Be sentenced to death or to life imprisonment, by the provincial Civil Affairs Department to cancel its pensions and preferential treatments for qualification. 31st household registration changes on pensions and preferential treatments object should be dealing with transfer pensions and preferential treatments in a timely manner.
    That year's regular pension or grant issued by the moving out of the County Civil Affairs Department, and the following year moved to the County Civil Affairs Department issued.
    32nd article this approach applies to the Chinese people's armed police force.
    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. 33rd article this way come into force on May 1, 2008.
                                  July 23, 1991 issued by the people's Government of Jiangsu Province, Jiangsu Province, soldiers of the implementation measures for the pension benefits Ordinance be repealed simultaneously.