The Servicemen's Pension Benefits Ordinance In Anhui Province Approaches

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

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(On May 14, 2007 Anhui Province Government 53rd times Executive Conference considered through on May 23, 2007 Anhui Province Government makes No. 201, announced since on July 1, 2007 up purposes) first chapter General first article to guarantees on soldiers of pension preferential treatment, 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), combined this province actual, developed this approach.
    Article 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, soldiers died while on duty military survivor, died survivors, families of servicemen on pensions and preferential treatments, procedures apply.
    Article requirements for military pensions and preferential treatments in addition to take part in the central budget, borne by the classification of people's Governments at various levels in the province, earmarks, and accept supervision by the financial and auditing departments.
    Fourth civil affairs departments above the county level people's Governments in charge of the administrative area of military pensions and preferential treatments work; people's Government above the county level financial, health, education, labor and social security, personnel and construction departments shall, in accordance with their respective responsibilities, to do the soldiers work on pensions and preferential treatments.
    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.
    Chapter II death the sixth active duty deaths was approved as martyrs, were confirmed to have died while on duty or died, survivors, in accordance with the provisions of the Ordinance and these rules, and enjoy pensions.
    The seventh active duty deaths was approved as a martyr, and was confirmed to have died while on duty or died, the County Civil Affairs Department shall from the date of receipt of the notice of death forces in 20th, one each for military survivors 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 certificate).
    Military survivor of the holder of the certificate determined through consultation, in accordance with military survivors ' issued in the following order: (a) parents (foster).
    (B) spouses. (C) children.
    There is more than one child, to children of long.
    Survivors of the provisions of the preceding paragraph, certificates issued to military brothers and sisters; there are more brothers and sisters, to the elderly; no siblings, not hair. Certificate holders are determined, not replaced.
    Lost certificates, in accordance with relevant regulations be issued retrospectively.
    Eighth holder of the certificate of domicile certificate of the County Civil Affairs Department shall issue within 30th of issuing a one-time pension 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, according to the number of equal distribution.
    (B) no parent (dependants), spouses, children, brothers and sisters to the age of 18 and has 18 years of age 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 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.
    Article meets the conditions for regular pension martyr survivors, survivors of the soldiers died while on duty military survivor, died, certificate of domicile by the County Civil Affairs Department issued within 30th of periodic pension receive a certificate will be issued. The County Civil Affairs Department should be sent to regular monthly pension.
    Survivors with the regular pension receive a certificate to receive regular benefits.
    The periodic pensions to receive certificate of uniformly printed by the provincial Civil Affairs Department.
    Article tenth of relying on periodic pension life, but living standards remain lower than the local average martyr survivors, survivors of the soldiers died while on duty military survivor, died, the people's Governments above the county level may appropriate additional pension, or granting preferential treatment, subsistence payments, temporary assistance, poor relief, Festival consolation money, physical form, such as subsidies, guarantee their standard of living not lower than the local average. Martyrs of the 11th regular pensions survivors, survivors of the soldiers died while on duty military survivor, died of death, the County Civil Affairs Department should be a one-time issuance of 6 monthly periodic pensions, funeral grants.
    And cancellation of its certificate of pension recipients on a regular basis, and died on the month following suspension of regular pensions. 12th to receive regular benefits survivors of martyrs, died while on duty military survivor's military survivors in the province, and died when migrating accounts, accounts should be moved out of the County Civil Affairs Department to apply for regular benefits transfer.
    Household to move out of the County Civil Affairs Department should be concluded from the date of acceptance of the application to 3rd, and responsible to that year's regular pension. Account moved to the County Civil Affairs Department shall martyr family, died while on duty military survivor, died of the military survivors ' periodic pensions within 15th days of receiving the application, account moved to settle in to its proof, proof of pension transfers and pension records and other materials for review.
    To qualify, for its periodic pensions received procedures, starting from next January to regular pensions.
    Cross-province transfer of pension recipients on a regular basis, in accordance with the relevant provisions of the State.
    Chapter III disability 13th active servicemen with disabilities were identified as a result of the war maimed, disabled or disabled due to illness for the public, in accordance with the provisions of the Ordinance and these rules, and enjoy pensions. Article 14th army were identified during the period of active service for people with disabilities, discharged shall take the People's Republic of China soldiers with disabilities certificate-level units and the army political Department proof of disability procedures of transfer, application for land to settle in the County Civil Affairs Department dealing with moving disability procedures.
    County home departments shall, from the date of receipt of the application within the 20th and completed in time. 15th province districts of the municipal district authorities and the administrative departments of public health established Panel of health experts.
    Health Panel for 3 or 5, selected at random from medical and health experts.
    Selected health expert library staff should meet the following conditions: (a) medical advanced professional and technical qualifications of the position, (ii) master work competency expertise on relevant knowledge and (iii) has a good work ethic.
    Group of health experts to form approaches and identification procedures enacted by the provincial Department of civil affairs in conjunction with the Administrative Department of public health. The 16th soldier in active service during the war, disability, failing to assess levels of disabilities, from active service or medical treatment after 3 years ' end, applying for assessing levels of disabilities, I (mentally ill by its stakeholders) should apply to the domicile of the County Civil Affairs Department.
    An application shall submit the following materials: (a) replacement application form for assessing levels of disabilities, (ii) for active service during the war, disabled for the public record or the army unit at or above the specified forces the original medical certificate issued by a medical institution and (iii) document of identity documents, and demobilized and two-inch color photos taken recently. 17th to retire from the military in accordance with the way 16th provides an application shall be in accordance with the following procedures shall be followed: (a) the county-level people's Government, the Ministry of civil affairs departments complete materials shall accept and notice from the date of acceptance of the application in the 10th, Panel of health experts, applicants accept the district's disability check.
    Group of medical experts from the date of inspection certificate signed by team members in the 5th grade of disability medical expert opinion, the County Civil Affairs Department.
    (B) the County Civil Affairs Department of the date of receipt of the disability grade medical expert opinion expert opinion to inform the applicant in writing within the 20th and issue a preliminary acceptance, together with all materials submitted to the provincial Civil Affairs Department. (C) refuses to accept the medical advice for applicants with disabilities, from the date of receipt of the opinion apply to the provincial medical and health expert group to review in the 15th. Provincial medical and health expert teams from the date of receipt of the application within the 10th review opinions submitted to the provincial Civil Affairs Department.
    Provincial Department of civil affairs since the date of receiving the review comments in the 20th, according to the review, to meet the conditions for assessing levels of disabilities, finds the nature of disability and assess levels of disabilities, and be granted the People's Republic of China military credentials with disabilities; for failure to meet the conditions for assessing levels of disabilities, not recognized the nature of disability and assess levels of disabilities, and shall inform the reason.
    (D) the applicant applying for review, provincial civil affairs departments shall, in accordance with County Civil Affairs Department submitted material, to meet the conditions for assessing levels of disabilities, finds the nature of disability and assess levels of disabilities, and be granted the People's Republic of China military credentials with disabilities; for failure to meet the conditions for assessing levels of disabilities, not recognized the nature of disability and assess levels of disabilities, and shall inform the reason. 18th and demobilized soldiers with disabilities, serious worsening in their disability, the original levels of disabilities and disability situation differs markedly from, adjusted levels of disabilities, I (mentally ill by its stakeholders) should apply to the domicile County Civil Affairs Department.
    An application shall submit the following materials: (a) the application form for adjusting levels of disabilities, (ii) recent residual feeling record material, (iii) identity document and the People's Republic of China certificate of disabled war veterans.
    Disabled soldiers to retire an application made in accordance with the provisions of the preceding paragraph, civil affairs departments above the county level people's Government shall be referred to the procedure provided for in article 17th.
    19th and demobilized military personnel applying for assessment or adjust the levels of disabilities, the medical evaluation of residual reached comment on residual or adjust the disability grade standards, residual identification required in local government pensions and operating expenses would be covered by the home sector.
    20th 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 exit active of next year January up meter sent; (ii) replacement evaluation disability grade of, since made evaluation disability grade decided of month up meter sent; (three) adjustment disability grade of, since made change disability grade decided of month up meter sent.
    Article 21st relies on disability pensions life, but living standards remain lower than the local average level of disabled soldiers, the people's Governments above the county level may increase disability benefits, or granting preferential treatment, subsistence payments, temporary assistance, poor relief, Festival consolation money, physical form, such as subsidies, guarantee their standard of living not lower than the local average.
    The 22nd death of disabled soldiers, in the month following suspension of death disability.
    From active service due to war, disabled war veterans disability attributable deaths due to old injury, by the domicile of 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 sacrifices military survivor's pension benefits for the public.
    From active service due to war, who died of disease, soldiers with disabilities disability due to illness, by the domicile of the Ministry gate to the family members of the people's Governments at the county level an additional 12 months of disability, as funeral subsidy costs due to war, a disability attributable to four levels of disabled soldiers died from disease, treatment of family members of servicemen enjoy died a survivor's pension.
    Fourth chapters preference 23rd during conscript service, their family by the local people's Governments to favour gold or other preferential treatment, preference standard not lower than the local average living standards.
    Students approved for active service, household registration in the administrative area of the province, by collecting people's Government on the basis of his family town military policy giving preferential treatment; residence outside the province (autonomous regions and municipalities) within their own administrative areas and their families to enjoy preferential treatment in accordance with the relevant provisions of the State.
    Within the administrative area of residence in the province, but I am outside the province (autonomous regions, municipalities) for full-time active service of college students enrolled in colleges and universities, in the collection do not enjoy preferential treatment, the family domicile prior to enrollment by people's Governments at the county level in accordance with national and provincial granting preferential treatment.
    Recruit directly from the local military academy cadets and army style of such professionals, their families do not enjoy preferential treatment gold soldier admitted to military academies or be converted to non-commissioned, from the army's third year, the family no longer qualify for preferential treatment of gold.
    Article 24th of disabled military persons, demobilized soldiers, in spite of returning veterans and martyrs ' survivors, survivors of the soldiers died while on duty military survivor, died (hereinafter referred to as key entitled groups), local people's Governments should integrate them into urban basic medical insurance and new rural cooperative medical system, or urban and rural medical assistance.
    Specific measures for key entitled groups health care by people's Government of the province Civil Affairs, finance, labor and social security, the administrative departments of public health, submitted to the provincial people's Government for approval.
    25th key entitled groups meet the requirements of the local people's Government low-rent housing to lease conditions and purchase affordable housing conditions of local people's Governments shall give priority to.
    Key entitled groups living in the cities, housing is dilapidated, or living area below the living standards of the local people's Government announced, local people's Governments should help solve its housing to be demolished when, priority should be placed.
    Living in rural areas (towns) housing difficulties for key entitled groups, should help solve the people's Governments at the county level.
    Article 26th servicemembers with valid documents, disabled military personnel with the People's Republic of China military credentials with disabilities enjoy priority booking on territory of moving trains, ships, long-distance bus and airline treatment of disabled soldiers enjoy the preferential treatment of 50% reduce normal fares. Active military with valid documents by urban bus, tram and rail transport enjoys preferential treatment, and the specific measures by the city people's Government.
    Disabled soldiers with the People's Republic of China disabled permit free travel on local bus, tram and rail transport.
    27th servicemembers with valid documents, disabled military personnel with the People's Republic of China soldiers with disabilities certificate visit parks, museums, historical sites and enjoy preferential treatment, specific ways by parks, museums, places of interest management units of the people's Governments above the county level.
    28th retired soldiers and disabled war veterans, children of martyrs, died while on duty soldier children, disabled children, four level to military children to receive education, in accordance with the relevant provisions of national and provincial privilege. 29th Army Division (Brigade) level and above political authorities army officers families, families of civilian cadres and officers ' families, troops set up procedures with the local public security authority.
    Army before State organs, social organizations, enterprises and workers, Garrison's local Government of 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; on self-employment, in accordance with the relevant provisions of the State relief costs.
    30th army survivors of martyrs, died while on duty military survivor's military survivor transfer of local people's Governments and died place, enjoyment of the Ordinance and these rules, as well as placement on pensions and preferential treatments under the people's Government.
    31st in the difficulties of life of demobilized soldiers, in spite of returning veterans, civil affairs departments above the county level people's Government in accordance with the conditions laid down, offering regular quantitative support and appropriate privileges and gradually improve their living conditions. Over 60 years old in the rural bereaved elderly veterans, priority should be included in the scope of rural five-guarantee.
    Life is still difficult, should additional grants or give temporary relief on a regular basis.
    32nd people's Governments above the county level shall set up special care and hospitals, glorious homes according to state regulations, a treatment or focus on pensions and preferential treatments for dependent orphans and unable to take care of.
    Various social welfare organizations should give priority to receive pensions and preferential treatments. Fifth chapter legal responsibility 33rd article County above Government home sector violation this approach seventh article, and eighth article, and Nineth article, and 12th article, and 14th article, and 17th article, and 18th article provides, not in provides term within issued certificate, and regularly pension received card, and pension, handle regularly pension received procedures, and disability pension relationship moved procedures or replacement evaluation disability grade, and adjustment disability grade of, this level Government or superior Government home sector should ordered deadline corrected,
    Managers directly responsible and other persons directly responsible shall be given administrative sanctions.
    34th provincial districts, health experts and members of the Panel issues a false expert opinion, by the Municipal Department of Civil Affairs of provinces and districts, respectively a rectification; if the case is serious enough to constitute a crime, they shall be investigated for criminal liability of persons; does not constitute a crime, related persons shall be given administrative or disciplinary action.
    35th 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.
    The 36th penalty for other acts in violation of these regulations, provided for under the Ordinance, its provisions.
    The sixth chapter supplementary articles the 37th article of the regulation is applicable in the province within the administrative area of the Chinese people's armed police force. 38th article of the rules take effect on July 1, 2007.
                                                          On December 10, 1992, issued by the people's Government of Anhui Province, the military pensions and preferential treatments for Ordinance implementation measures be repealed simultaneously.

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