Military Pensions And Preferential Treatments, Shanxi Province, Measures For The Implementation Of

Original Language Title: 山西省军人抚恤优待实施办法

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(October 29, 2007 Shanxi Province Government 113th times Executive Conference considered through November 6, 2007 Shanxi Province Government makes No. 214, announced since January 1, 2008 up purposes) first chapter General first article for guarantees national on soldiers of pension preferential treatment, maintenance pension preferential treatment object of lawful rights and interests of, incentive soldiers defend country, and construction country of dedicated spirit, according to State soldiers pension preferential treatment Ordinance (following referred to Ordinance), combined this province actual, developed this approach.
    Second PLA servicemen (hereinafter referred to as active duty) in the administrative area of the province, enjoy preferential treatment in accordance with these measures.
    Household registration in the administrative area of the province discharged disabled soldiers, demobilized soldiers, war veterans and survivors of the martyr, died while on duty military survivor, died a soldier survivors, families of servicemen, enjoy pensions and preferential treatments in accordance with these measures.
    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.
    Encourage social organizations and individuals caring, respect, help and contributions on pensions and preferential treatments.
    Requirements for military pensions and preferential treatments in addition to the Central fourth section outside the financial burden, by province, city and County (city, district) people's Government added to the burden levels budget rating, financial difficulties by provincial, municipal subsidies.
    Military pensions and preferential treatments for funding should be earmarked, 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.
    Finance, the people's Governments above the county level labor and social security, health, education, human resources, construction, transport, tourism and cultural relics administrative departments shall, in accordance with their respective responsibilities, to do the soldiers work on pensions and preferential treatments.
    Within the administrative region of this province's social organizations, enterprises and institutions shall, in accordance with national and provincial regulations, and discharge their military pensions and preferential treatments for responsibilities and obligations.
    Sixth people's Governments above the county level to the military pensions and preferential treatments have made remarkable achievements and personal, recognition and rewards.
    Death article seventh chapter II active duty deaths was approved as martyrs, were confirmed to have died while on duty or died, by the family members of domicile of the County Civil Affairs Department 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 death certificate (hereinafter referred to as the certificate) and one-time benefits.
    Article eighth active duty deaths was approved as martyrs, were confirmed to have died while on duty or died, the certificate holder brought up by their parents or persons, spouses, children, brothers and sisters in consultation, consultations, in writing, inform the issuing authority through consultation, in accordance with the following order: (a) a parent or carer.
    (B) spouses. (C) children.
    There is more than one child, to children of long. (D) the brothers and sisters.
    Had several brothers and sisters, to the elderly.
    Survivors of the provisions of the preceding paragraph, no certificates will be issued.
    Nineth one-time pension by the holder of the certificate of domicile of the County Civil Affairs Department in accordance with the following rates: (a) a parent or carer, 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) no parents or dependents, spouse, children, issued by the military support, while under the age of 18 years old and have reached the age of 18 without a source of brothers and sisters.
    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.
    Survivors of the provisions of the preceding paragraph, not to issue a one-time pension.
    A one-time pension standards and calculation methods pursuant to Ordinance of the 12th and the PLA General Logistics Department, the Ministry of civil affairs-related policy provisions.
    Martyrs of the tenth survivors, survivors of the soldiers died while on duty military survivor, died, in accordance with the conditions provided for in the 15th of the periodic pension.
    Issuance of periodic pensions, since the dead soldiers have been approved as martyrs, identified as counted from the soldiers died while on duty and died in the month.
    11th meet survivors ' pensions and conditions on a regular basis, by the domicile of the County Civil Affairs Department of the periodic pensions receive certificates, and receive a regular pension.
    Regular pensions and survivor of two or more persons and residence is not one place, their regular pensions by the survivors ' respective domicile of the County Civil Affairs Department in accordance with local standards are sent to.
    Through the national entrance examination into full-time secondary, colleges and universities attending military children and brothers and sisters of death, domicile prior to enrollment by County Civil Affairs Department in accordance with the provisions of condition to be compensation.
    12th article received regularly pension of object account migration Shi, moved out to of County Government home sector should according to I application and police organ issued of account migration proved for its handle regularly pension transfer procedures, and is responsible for issued when of regularly pension; moved to of County Government home sector should according to settled in proved, and pension relationship transfer proved and pension archives, material, according to local provides of standard, from next year January up issued regularly pension.
    Article 13th periodic survivors ' pension after the death, in accordance with the standard one-time additional 6-month pensions, as funeral subsidy, pension receive a certificate by the County Civil Affairs Department on a regular basis to be cancelled, original enjoy disables the periodic pension the month following his or her death.
    Disability chapter III article 14th active duty while serving in the war, public and disabled due to illness, should be discharged at that time, troops sent to the People's Republic of China Disabled military credentials and evaluation of residual files, to the place of domicile of the County Civil Affairs Department dealing with moving disability procedures.
    Discharged disabled soldiers registered permanent residence migration, should be timely to move out, and moving into the County Civil Affairs Department to apply for disability pension transfer.
    15th active servicemen in service during the war, disability, the force did not identified the nature of disability and assess levels of disabilities in a timely manner, discharged, any of the following circumstances, may apply to the domicile of the County Civil Affairs Department finds the nature of disability and go through the assessment levels of disabilities.
    (A) the official file of their forces to make statutory effective original of injuries involving himself, treatment and after-care treatment records; (ii) where the original force army unit at or above the specified military hospital is able to explain the cause of the illness diagnosis, the discharge summary or formal experimental analysis of medical history, patient examination records.
    16th discharged disabled soldiers, disabling conditions deteriorated, the original levels of disabilities and disability situation differs markedly from, I (himself incapacitated by interested persons) to disabled war veterans adjust to the domicile of the County Civil Affairs Department disability applications can re-assess the levels of disabilities.
    17th article disability pension by disability soldiers household location of County Government home sector according to following provides issued: (a) disability soldiers exit active of, since settles disability pension relationship moved procedures of next year January up issued; (ii) disability soldiers account migration of, moved out to of County Government home sector is responsible for issued when of disability pension gold; moved to of County Government home sector in migration procedures settles Hou, from next year January up to disability pension.
    (C) applying for the evaluation and adjustment of levels of disabilities, paid from the provincial Civil Affairs Department for approval next month.
    18th article exit active of a level to four level disability soldiers, by national dependent lifelong; which, accept placed Shi meet following conditions one of of, by Province Government home sector approved, can into special care and hospital concentrated dependent: (a) for disability reasons need often medical disposal of; (ii) daily need nursing, not easy dispersed placed care of; (three) single a people inconvenience dispersed placed of.
    19th placed one-to four-level disabled soldiers from the domicile of the County Civil Affairs Department nursing fee, funded by the financial burden.
    Care standards by the people's Government of the province of Civil Affairs, finance or above base monthly wage of employees in the province, determined in accordance with the provisions of article 29th of the.
    Concentrated levels to four levels of disabled soldiers, not to personal care.
    Article 20th and demobilized due to warfare, disabled war veterans disability attributable deaths due to old injury, to its disability pension from the County Civil Affairs Department in accordance with the standards of sacrifice in military family members a one-time pension, family members of soldiers killed the month enjoy died while on duty in accordance with the provisions of condition military survivor's pension benefits.
    Exit active of for war, and for public, and for disease disability of disability soldiers for disease death of, by to its disability pension of County Government Ministry of civil affairs door its survivors one-time SEO 12 months of disability pension, as funeral grants fee; for war, and for public disability of a level to four level disability soldiers for disease death of, its survivors since soldiers death times months up according to provides conditions enjoy died soldiers survivors pension treatment.
    After the death of disabled soldiers, starting from next month to stop their enjoyment of disability benefits, its holdings of the People's Republic of China soldiers with disabilities certificate by the County Civil Affairs Department to be cancelled.
    Article 21st disabled soldiers lost in the People's Republic of China soldiers with disabilities certificate shall promptly report in writing to the domicile of the County Civil Affairs Department and above the county level in major newspapers declared void, three months from the date of the statement of cancellation, the County Civil Affairs Department for replacement procedures.
    22nd discharged disabled soldiers need preparing prostheses, transport tricycle and other auxiliary equipment shall be in accordance with the relevant provisions of the provincial Civil Affairs Department. The fourth chapter preference

    Article 23rd during conscript service, enlisted former domicile of the County annually shall be unified by no less than the local rural households per capita annual net income (non-rural households in the urban districts of which reference, annual per capita net income of rural households) standard issued to their families preferential payments or other benefits, County financial requirements responsible for mobilization.
    Military family incentives payments issued according to the legal service; early retirement, in accordance with their actual years of service to.
    College students during compulsory military service, by County of domicile prior to enrollment in accordance with local military family discount granted preferential treatment.
    24th article get honors title or meritorious service of conscripts, its family when of preferential treatment gold in should enjoy of standard based Shang, by County Government according to following proportion SEO: (a) get Central Military Committee grant honors title of, SEO 50%; (ii) get Army military level units grant honors title of, SEO 40%; (three) State merit of, SEO 30%; (four) State II, work of, SEO 20%; (five) lisan, work of, SEO 10%.
    25th people's Governments above the county level shall, in the capital, technology, information and other support pensions and preferential treatments for developing production, improving living standards.
    On pensions and preferential treatments in production and management, industry and commerce, taxation and other departments should give priority to relevant procedures and in accordance with the relevant provisions of the State tax relief.
    Article 26th retired soldiers and disabled war veterans, children of martyrs, died while on duty soldier children, died of the military child, one to four children of children of disabled war veterans, active military personnel, in accordance with the relevant provisions of national and provincial education benefits. Public primary and secondary schools, kindergartens, nurseries, under equal conditions, giving priority to receive pensions and preferential treatments for objects in the preceding paragraph.
    Public school children of martyrs at school free of tuition, fees and living allowances shall be provided, where appropriate, for boarding students.
    Active duty because of job relocation, children need to be transferred, the education sector should be handled, and shall not charge the State's costs. 27th disabled servicemen, demobilized soldiers, in spite of returning veterans, survivors of the martyr, died while on duty military survivor, died of the military family housing lease, purchase enjoy priority, preferential treatment in accordance with the relevant provisions.
    Living rural housing problems in the preceding paragraph, by people's Governments at the county level in its domicile to help resolve.
    Specific priority and preferential measures for the people's Governments above the county level for home, construction, finance and other sectors separately.
    Article 28th disabled soldiers and martyrs of the periodic pension benefit survivors, died while on duty military survivor, died of the military veterans ' survivors, demobilized soldiers, in spite of their hometowns, in accordance with the territorial principle corresponding participating in urban workers ' basic medical insurance, basic medical insurance for urban residents and the new type of rural cooperative medical system, in accordance with the relevant provisions of national and provincial health protection.
    Level to six soldiers participating in basic medical insurance for urban employees with disabilities on the basis of entitlement to medical assistance, medical insurance area where medical costs are covered by social insurance agency a separate account management. 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, work by work units to address, the unit can't afford to pay, and no work unit, by the domicile of the County Civil Affairs Department settlement from the pensions and preferential treatments for Medicaid funding.
    Medical expenses outside of the old injury, and I did not participate in the medical insurance payment difficulties, by its domicile give appropriate subsidies to the County Civil Affairs Department.
    Disabled soldiers and martyrs of the receiving periodic pension benefits survivors, died while on duty military survivor, died of the military veterans ' survivors, demobilized soldiers, in spite of their hometowns, did not participate in the urban workers ' basic medical insurance, basic medical insurance for urban residents and the new type of rural cooperative medical system, and participate in basic medical insurance individual medical expense burden heavier, by County of domicile granting of rural cooperative medical care.
    29th active servicemen, disabled war veterans in this province by a train, boat, bus and airline, based on valid documents priority ticketing, disabled soldiers based on the People's Republic of China military credentials as a reduction of disability 50% of the normal fare.
    Active military with valid documents, disabled military personnel based on the People's Republic of China military credentials with disabilities free operations in the territory of the province of the city buses, trams and rail transportation tools and other modes of public transport.
    Active military with valid documents, disabled military personnel based on the People's Republic of China soldiers with disabilities certificate in this province are touring Park, when museums, science museums, historical sites, free tickets.
    Article 30th martyrs, died while on duty a soldier, died of the military child, brothers and sisters, in line with the recruitment conditions and voluntarily apply for that year, by County of domicile the conscription Office priority approval by the army. 31st article never participate in work, and meet following conditions of demobilized soldiers, by set district of city level Government home sector approved, by its household location of County Government home sector according to provides standard give in Xiang demobilized soldiers regularly quantitative grants: (a) October 31, 1954 began pilot compulsory military service Qian participate in Red Army, and Northeast anti-Japanese Coalition, and CPC led of full-time guerrillas, and army, and army, and PLA, and Chinese people's volunteers of; (ii) holds demobilization, and
    Army documents or approved effective evidence of demobilization.
    32nd article never participate in work, and meet following conditions of demobilized soldiers, by set district of city level Government home sector approved, by its household location of County Government home sector give in Xiang retired reds veterans regularly life grants: (a) July 6, 1937 Qian army, participate in Red Army (including anti-Japanese coalition and CPC led of full-time guerrillas) of; (ii) has retired procedures or exact proved of.
    In line with the preceding paragraph (a) but subject to subsection (b) provision of staff, approved by the district people's Government municipal Civil Affairs Department, given by the domicile of the County Civil Affairs Department separated from the Red Army personnel living allowances on a regular basis.
    After the Xiang army Red Army Veterans died, his or her spouse problems in life, domicile of the spouses by the County Civil Affairs Department in accordance with the army during the war veterans ' regular quota allowances and subsidies.
    33rd article never participate in work, and and meet following conditions of veterans, by set district of city level Government home sector approved, by its household location of County Government home sector give sick home veterans regularly quantitative grants: (a) in clothing active during sick, and yet reached evaluation disability grade conditions of; (ii) retired archives in the has forces army above units specified Hospital made of related medical conclusion or original records of.
    Article 34th 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 veteran demobilized soldiers, in spite of their hometowns, the domicile of the county-level people's Governments should give priority to their integration into urban and rural social assistance system coverage, given appropriate assistance.
    Pension benefits when they apply for urban and rural minimum living standard security, which enjoy preferential treatment of pension benefits, regardless of family income.
    Article 35th regular quantitative support in rural ex-Red Army veterans, separated persons, demobilized soldiers, in spite of the Red Army veterans in their hometowns after the death, to the quantitative benefits of the County Civil Affairs Department on a regular basis in accordance with the standard for family members a one-time additional 12-month ration subsidies, as funeral subsidy.
    36th 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.
    People's Governments at all levels to receive pensions and preferential treatments for social forces to run welfare institutions, should be encouraged and supported.
    The fifth chapter rewards and punishments 37th people's Government, the Ministry of civil affairs departments above the county level shall have one of the following situations and individual awards: (a) the State organs, social organizations, enterprises and institutions to fulfil the military pensions and preferential treatments for duties and obligations outstanding; (b) Community assistance, contributions on pensions and preferential treatments have had outstanding and (iii) community to carry out a variety of outstanding deeds of martyrs activities. 38th article County above Government Ministry of civil affairs door not perform soldiers pension preferential treatment obligations, has following case one of of units and personal, ordered its deadline perform obligations; late still not perform of, sentenced 2000 Yuan above 10,000 yuan following fine, on directly responsibility people give administrative sanctions, and disciplinary: (a) State, and social groups, and enterprises not perform soldiers pension preferential treatment duties and obligations of; (ii) pension preferential treatment object of medical, and housing difficult long-term have not to due solution of; (three) misappropriated, and
    Interception, dividing up military pensions and preferential treatments for funds, and (iv) according to the provisions, standards, amount, providing pension benefits benefits payment object.
    Sixth chapter supplementary articles article 39th 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. 40th article for war casualties of militia, and migrant workers of pension, for participate in County above people armed forces door or reserve forces organization of military exercises, and military training and implementation military service casualties of reserve personnel, and militia, and migrant workers and other personnel of pension, according to following provides handle: (a) belongs to State, and democratic and civic of, according to state staff casualties pension policy handle; (ii) belongs to enterprise, participate in injury insurance of, according to injury insurance Ordinance 14th and 15th in the seventh paragraph the provisions of the second paragraph, according to the company's employees; do not participate in work-related injury insurance, as insurance injury policy management; (c) belonging to the institution, according to the work injury pension policies in public institutions to handle;

    (D) farmers, no work unit, school students and city residents, by the civil affairs departments in accordance with the measures and militia casualties among workers handling of pension policy.
    41st involved herein "one-time pension" and "funeral subsidy costs" issued in accordance with the provisions of the eighth. 42nd article this way, the term "person" refers to soldiers due to loss of parent or parents without raising capacity, other relatives or voluntarily entrusted to raise soldiers for more than 7 years in a row, by the township (town) people's Government, the subdistrict office certificate or notary public, approved by the people's Governments at the county level.
    Other relatives of persons who comply with the conditions specified above, are treated as dependants.
    43rd article this way, the term "auxiliary equipment" refers to pathology, pathological shoes crutches, walkers and artificial limbs, lumbar protection frame, aprons, limb orthoses.
    44th article this approach by said "entrance", and "students", not including following case: (a) not into where school student management of; (ii) without secondary school admissions unified exam, into high school, and vocational high school, and secondary school, and mechanic school attended or without national college unified admissions exam (containing spring entrance, and College independent admissions exam or walks exemption entrance) into General University, and high College, and medium College, and high vocational school attended of;
    (C) acceptance of adult higher education and (d) accept non-academic education, equivalent to apply for Bachelor's, master's, and doctoral degrees (v) participate in secondary, higher education self-study exam or distance learning exams and receive continuing education.
    Article 45th on pensions and preferential treatments with multiple identity on pensions and preferential treatments, enjoy high status on pensions and preferential treatments. 46th article of the rules implemented on January 1, 2008.
                                                                                                                    Issued on March 3, 1990 the measures be abrogated in Shanxi province, military pensions and preferential treatments.