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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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(Summit No. 53 of 14 May 2007 of the Government of the People of Anguébé Province considered the adoption of the Decree No. 201 of 23 May 2007 of the People's Government Order No. 201 of 23 May 2007, which came into force on 1 July 2007)

Chapter I General
In order to guarantee the well-being of military personnel, in order to stimulate the dedication of military personnel to defend their ancestral countries, build their ancestral spirit, strengthen defence and military-building, and develop this approach in line with the Code of Resistance of Military Staff (hereinafter referred to as the Regulations).
Article 2
Article 3
Article 4
Article 5 Governments at all levels recognize and reward the units and individuals that make significant achievements in the service of the military pension.
Chapter II Death pension
Article 6. The death of active forces was approved as martyrs, recognized as being public sacrifices or illnesses, whose remains were entitled to pension in accordance with the provisions of the Regulations and this approach.
Article 7. The death of active forces is authorized as martyrs, recognized as being public sacrifices or ill-treatment, and the civil affairs sector of the veterans of the veterans should be sent within 20 days from the date of receipt of the notification of death issued by the force to the veterans of the People's Republic of China, the book of the death of military personnel of the People's Republic of China, the certificate of public sacrifice of the People's Republic of China, the certificate of the death of the People's military (hereinafter “the verge certificate”).
The witness of the certificate was determined by the consultations of the remains of the military; the consultations were not conducted and were issued in accordance with the following order of the remains of the military.
(i) Parents (soft).
(ii) A spouse.
(iii) Children. There are a number of children who are sent to their children.
There was no previous provision for the remains of brothers and sisters granted to military personnel; there were a number of brothers and sisters that were sent to their elders; there was no siblings.
After the identification of witnesses of the certificate, no change shall be made. The documents were lost and were added in accordance with the relevant provisions.
Article 8. The civil affairs component of the Government of the Territory where a witness is present at the place of residence shall be paid a lump-sum pension within 30 days of the date of the issuance of the certificate:
(i) Parents (grantor), spouses, children and consensus on the assigned amount are issued in accordance with the amount determined by the consultation; consultations are not suffice and are issued in accordance with the number of persons.
(ii) There are no parents (upbringers), spouses, children, brothers and sisters who have attained the age of 18 years and who have reached the age of 18 years but have no cost of living and have been provided by the military before their birth; brother sisters are more than two and have reached consensus on the assigned amount, which are granted in accordance with the amount determined by the consultation;
No one-time pension is granted without the former provision for the remains.
Article 9. The remains of the martyrs who are in compliance with the terms of the regular pension, the remains of the military for public sacrifices, the survivors of the ill-treatment, and the civil affairs component of the Government of the localities of their families was granted the “Strategic pension certificate” within 30 days of the date of the issuance of the book.
The civil affairs component of the district-level people's government should be given regular pension payments by month. The survivors receive regular pension benefits from the “Strategic Pension” certificate.
The regular pension receipt certificate was compiled by the Civil Affairs Department of the Provincial Government.
Article 10. Remains of the martyrs who depend on the regular pension but whose standard of living is still below the average local level, the survivors of the military, the survivors of the ill-treatment, the Government of the people at the district level may make appropriate increases to the pension or take the form of payment of benefits, minimum living guarantees, temporary assistance, special hardship relief payments, day-to-day counselling, physical assistance to ensure that their standard of living is less than the local average.
Article 11. The survivors of the regular pension, the survivors of the death of the military, the survivors of the ill-treatment, and the civil affairs component of the district-level Government shall grant a six-month regular pension as a funeral payment. At the same time, the regular pension receipt certificate was cancelled and the pension was suspended for the second month of its death.
Article 12 The survivors of the regular pension, the remains of the military for public sacrifices, the survivors of the ill-treatment of military personnel who are relocated within the province shall apply to the civil affairs sector of the communes who have been relocated to the home. The civil affairs component of the communal government of the communes who have been relocated shall be closed within three days of the date of receipt of the application and shall be responsible for the regular pension payments for the year.
The civil affairs component of the commune of the communes who have moved to the land should be reviewed by the civil service of the families of the families of the martyrs, the survivors of the occupants, the survivors of the sick army, within 15 days of the date of the application for the regular payment of the pension. In order to meet the conditions, the regular payment of the pension was granted from January to the next year.
The transfer of regular pension benefits across provinces is governed by relevant national provisions.
Chapter III Disability pension
Article 13. The disability of active military personnel is determined to be disability as a result of war, public disability or illness, in accordance with the provisions of the Regulations and this approach.
Article 14. Military personnel are identified as disability during their active service and shall be held after the departure of the People's Republic of China's Disability Code and the transfer of disability benefits from the political sector of the military units above confirm that the civil affairs component of the district-level people's government in the land is applied for the relocation of disability benefits. The Civil Affairs Department of the People's Government at the district level should be closed from 20 days from the date of receipt of the request.
The Ministry of Civil Affairs of the Government of the People's Republic of the Province and the District will form a health-care expert group with the health administration. Three or five members of the health-care expert group were selected from the health-care expert pool.
Persons selected for the medical expert pool should have the following conditions:
(i) A high-level professional technical function of health;
(ii) Knowledge on the identification of labour capacities;
(iii) A good professional ethics.
The health-care expert group has set up a methodology and identification protocol by the provincial Government's civil affairs department with the health administration.
Article 16 provides that military personnel shall apply to the civil affairs sector of the local government at the place of the household, after the dismissal of their duties or the medical closure of three years. The following materials should be submitted when applying:
(i) To supplement the application form to assess the level of disability;
(ii) Pre-primary medical certificates for military medical institutions designated by military units during active service for war, forcible files or for military medical agencies designated by military units;
(iii) Identification documents, voucher documents and the recent two-size-fits-all photographs.
Article 17 requests for retiring military personnel under article 16 of this approach shall be governed by the following procedures:
(i) The Government's civil affairs component should receive the material in full and inform the applicant of the disability inspection of the municipal health-care expert group in the established area within 10 days of the date of receipt of the application. From 5 days of the date of the inspection, the health expert group received medical advice on the level of disability, signed jointly by the members of the group, and reported on the civil affairs component of the Government.
(ii) The Civil Affairs Department of the People's Government of the District will, within 20 days from the date of receipt of a medical survey of the disability hierarchy, inform the applicant in writing, together with the civil affairs component of the entire Ministry of the People's Government.
(iii) The applicant's non-consensualization of the disability hierarchy could apply for review to the provincial health expert group within 15 days of the date of receipt. The provincial health-care expert team made a review of the civil affairs sector of the Government of the People's Government within 10 days of receipt of the request. Within 20 days from the date of receipt of the review, the Ministry of Civil Affairs of the Provincial People's Government, on the basis of the review, determines the nature of the disability and assesses the level of the disability and gives the People's Republic of China a certificate of disability to the People's Republic of China, and does not determine the nature of the disability and the level of disability, and informs the reasons in writing.
(iv) In the absence of a request for review by the applicant, the Civil Affairs Department of the Provincial People's Government shall, in accordance with the material sent by the Civil Affairs Department of the People's Government at the district level, identify the nature of the disability and assess the level of disability and provide the People's Republic of China with a certificate of disability;
Article 18 releassed persons with disabilities whose disability has been severely worsened, the original disability hierarchy is clearly incompatible with the situation of disability, applying for the adjustment of the disability hierarchy, and it should apply to the civil affairs component of the Government of the household at the district level. The following materials should be submitted when applying:
(i) Adjustment of the disability hierarchy application form;
(ii) Recent material on disability;
(iii) Identification documents and the People's Republic of China Disability Military Evidence.
The civil affairs component of the Government of the People's Government should take into account the procedures set out in article 17 of this scheme.
Article 19 Removals of military personnel apply for a supplementary assessment or adjustment of the disability hierarchy, with medical identification of their disability to meet the criteria for the assessment of disability or the adjustment of the disability hierarchy, with the required cost of disability identification being paid to the civil affairs sector of the local people.
Article 20
(i) Removal of service by persons with disabilities from the previous year of service;
(ii) To supplement the assessment of the level of disability, the monthly rate of the decision to assess the level of disability;
(iii) Adjustment of the level of disability, which has been taken from the month of the decision to change the disability hierarchy.
Article 21 grants for persons with disabilities who depend on their disability pension but whose standard of living is still below the average local level of their living, the Government of the more than the population at the district level may add the disability pension or the granting of benefits, minimum living guarantees, temporary assistance payments, special hardship payments, holiday relief payments, holidays and physical benefits to ensure that their living standards are not lower than the local average.
Article 2 killed the disability army and suspended the disability pension for the second month of death.
The civil affairs component of the occupier of the occupier at the place of the household was granted a one-time pension in accordance with the pension standards of the proxy military, with the death of a person who had lost his or her disability as a result of old injury.
Removals of military personnel with disabilities resulting from war, public and disability resulting from sickness have been killed, with a 12-month disability pension granted by the local government civil affairs department at the place of the household, as a funeral grant; the death of a person with disabilities at the level of war, mortality and liminization, whose remains are entitled to a survivor's pension.
Chapter IV
Article 23. During the compulsory military service, its families are paid by the local people's Government to pay their privileges or other preferences, and the standards are not less than the local average standard of living.
Students at school are authorized to perform their duties in the administrative area of the province, whose families are appointed by the Government of the Turkmen population in accordance with the policy of the recruitment of soldiers; and who are in the administrative areas of the outside province (in the self-governance area, in the immediate city) where their families are entitled to justice in accordance with the relevant provisions of the State.
In the administrative area of the province, the family has been granted preferential treatment by the Government of the population at the pre-school place of the pre-occupant family, in accordance with the relevant provisions of the State and the province, by virtue of the relevant provisions.
Beginning directly in the military colleges and professionals of the army, their families are not entitled to merit payments; soldiers are enrolled in military schools or converted to prison officers, and their families are no longer entitled to benefits from their occupation at the third stage.
Article 24 provides for persons with disabilities, demobilization of military personnel in the communes, veterans in the communes, as well as the remains of the martyrs, for public sacrifices, the remains of the ill-treated military (hereinafter referred to as a focus of excellence), and the local people's Government should include them in basic urban health insurance, new rural cooperation medical treatment or urban and rural health care.
Specific approaches that focus on health care security are developed by the Provincial Government's Civil Affairs, Finance, Labour Guarantee, Health Administration, and approved by the Government.
Article 25 focuses on housing conditions that are in line with the requirements of the local people's Government and the purchase of affordable housing conditions, which should be prioritized by the local people's Government.
The Government of the local population should help resolve the urban focus, its housing is at risk, or the area of residence is lower than the standard of residence published by the local people's Government, which should be given priority when their homes are removed.
The focus on housing difficulties in rural areas, including the town, should help to resolve.
Article 26 active military personnel receive priority purchases from the People's Republic of China's Disability Army (Vietition) for the operation of their airfares in the territory of the People's Republic of China, rotations, long-range buses, and the treatment of public flights; and privileged military personnel receive a 50 per cent reduction of normal tickets.
The active military service has benefited from the benefits of access to public cars, electric vehicles and orbital transport tools in the city of effective documentation, specifically by the Government of the urban population. Persons with disabilities are free of charge from the People's Republic of China's Disability Code to the public cars, electric vehicles and orbital means.
Article 27 provides that active military personnel receive preferential access to cruise parks, museums, winners, and more people at the district level at the seat of parks, museums, wins management units.
Article 28 Retirement soldiers, persons with disabilities, children of martyrs, children of military personnel who have been at the public expense, children of military personnel with disabilities at the grade to the fourth level, and children of active military personnel, enjoys good access in accordance with the relevant provisions of the State and the province.
Article 29 is subject to the approval by the political organs of the military force at the level above (the brigade), of the family of active military officers accompanying the army, the civilian family, the family of the jurists, and the procedures of the public security authorities at the seat of the military force. Until the army is preceded by State organs, social groups, business unit workers, the labour security sector, the personnel sector at the seat of the military force should receive and properly accommodate; the Government of the people at the seat of the military should make the necessary settlement in accordance with the actual circumstances of the person; and the self-employment for the self-employment sector should be compensated in accordance with the relevant provisions of the State.
Article 33 remains of the army, the survivors of the military and the survivors of the ill-treatment, who are transferred to the local people's Government for the benefit of the Regulations and this approach, as well as the benefits provided by the Government of the people in place.
Article 31 is difficult to live in the demobilization of military personnel and in the communication of the veterans, which is provided with regular quantitative subsidies and adequate qualifications, in accordance with the conditions set out by the civil affairs sector of the communes.
The veterans aged 60 years and above should be given priority in rural areas. It is still difficult to live, and regular grants or temporary assistance should be added.
In accordance with the State's provisions, the Government of the people at the district level conducts excellent hospitals, bonuses, treatment or pooling for old-age and living cannot be self-sustained.
Various social welfare agencies should give priority to receiving the benefits of the pension.
Chapter V Legal responsibility
Article 33, the civil affairs sector of the population at the district level, in violation of article 7, article 8, article 9, Article 12, Article 14, Article 17, article 18 of this scheme, provides that the Government of the current people, or the civil affairs component of the parent population, shall be responsible for a period of time, for the regular payment of the pension, the procedures for the relocation of the disability pension relationship or for the replacement of the assessment of the level of disability, the adjustment of the level of disability, and that the Government of the people shall be responsible for the transfer of the person directly responsible and other administrative personnel under the law.
Article 344, the municipal health expert group and its members have falsely validated opinions, which are converted by the provincial, territorial Government's civil affairs departments, which constitute a serious offence and hold criminal responsibility of the responsible person in accordance with the law; they do not constitute a crime and are subject to administrative disposition or discipline by the law of the responsible person.
Article XV was sentenced to imprisonment, depriving of political rights or being sought to suspend their pension entitlements; the death penalty, life imprisonment and the removal of their entitlements.
Article 36 punishes other acts that violate this approach, the Regulations provide for its provisions.
Annex VI
Article 37 this approach applies to the armed forces of the Chinese people within the territorial administration.
Article 338 is implemented effective 1 July 2007. The application of the Code of Excellence of Military Benefits, issued by the Government of the People of the province on 10 December 1992, was also repealed.