The Servicemen's Pension Benefits Ordinance In Henan Province Approaches

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

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(December 8, 2006 101th promulgated by the people's Government of Henan province as of February 1, 2007) Chapter I General provisions article under the servicemen's pension benefits Ordinance (hereinafter referred to as the regulations) regulations, combined with the facts of the province, these measures are formulated.
    Second Liberation Army active-duty military personnel, active duty or discharged disabled soldiers, veterans, veterans, survivors of the martyrs, who sacrificed the military survivor, died of the military survivors, active duty family members (collectively, on 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 for the implementation of national and social approach, guaranteed pensions and preferential treatments and my national economic and social development of the province and 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. Encourage social organizations and individuals to contribute to the cause of military pensions and preferential treatments.
    Civil affairs departments above the county level people's Government is responsible for receiving, managing social contributions used for military pensions and preferential treatments within their respective administrative areas.
    Fourth level should be guaranteed by the people's Government of the people's Government above the county level requirements for military pensions and preferential treatments.
    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.
    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, fulfil their military pensions and preferential treatments for responsibilities and obligations.
    Chapter II death sixth active duty deaths was approved as martyrs, were confirmed to have died while on duty or died, received by survivors of the army notified the County Civil Affairs Department in military consultations after the holders, 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 death certificate (hereinafter certificate).
    Military survivors through consultation, a certificate in the following order: (a) parents (foster); (b) the spouse; (c) the child has more than one child, sent long children (four) brothers and sisters, had several brothers and sisters, to the older brothers and sisters.
    No such object, certificates are not issued.
    Seventh one-time pension by the domicile of the holder of the certificate issued County Civil Affairs Department in the following ways: (a) parents (dependants), spouses, children, and consensus of the assigned amount, in accordance with the negotiated amount to through consultation, in accordance with the number equal to. (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 to through consultation, in accordance with the number equal to.
    Survivors of the provisions of the preceding paragraph, not to issue a one-time pension.
    Martyrs of the article meet the conditions prescribed in the regulations of the survivors, survivors of the soldiers died while on duty military survivor, died and enjoy regular pension. Apply for survivors ' pensions should be on a regular basis to enjoy myself domicile County Civil Affairs Department for registration.
    County Civil Affairs Department shall accept verified within 20 working days from the date of registration, to meet statutory requirements, issuance of periodic pensions to receive documents, voucher and enjoy regular service does not meet the statutory requirements, to withhold pensions received documents on a regular basis, and to state the reason in writing.
    Nineth enjoy regular pension in death, domicile County Civil Affairs Department in addition to the current month shall receive regular grant, an additional 6-month pensions, funeral grants and cancel its pensions received documents on a regular basis.
    Disability chapter III article tenth disabled military servicemen, I shall hold the People's Republic of China military credentials with disabilities and disability pensions transfer to the place of residence the County Civil Affairs Department disability immigration formalities, by domicile County Civil Affairs Department sent to disability in accordance with State regulations. 11th soldier in service during the war, disability, the army has not recognized the nature of disability and assess levels of disabilities, from active service, I (mentally ill by its stakeholders) on record or the original medical certificate, may apply to the domicile County Civil Affairs Department found that the nature of disability and assess levels of disabilities. Audited by the County Civil Affairs Department, one level submitted to the provincial Civil Affairs Department.
    Meet the required conditions, issue the People's Republic of China disabled permit, and to enjoy the benefits of disability; do not meet the required conditions, state the reason in writing. 12th and demobilized soldiers with disabilities disability situation deteriorated, the original levels of disabilities and disability situation differs markedly from, I (mentally ill by its stakeholders) can contribute to the disabled soldiers domicile apply for adjusting levels of disabilities County Civil Affairs Department. Audited by the County Civil Affairs Department, escalating provincial Civil Affairs Department. Provincial Department of civil affairs in accordance with the provisions of condition and re-evaluate the procedures or not to re-evaluate the decision.
    Reassessed the level of disability, relevant formalities; not reassessed the level of disability, and shall state the reasons in writing.
    13th article exit active of disability soldiers replacement disability nature finds and disability grade evaluation or again evaluation disability grade of, by its household location County Government home sector according to following provides meter sent disability pension: (a) replacement disability nature finds and disability grade evaluation of, since made disability nature finds and disability grade evaluation decided of month up meter sent; (ii) again evaluation disability grade of, since made again evaluation disability grade decided of month up meter sent.
    14th placed level to four disabled soldiers, by domicile County Civil Affairs Department nurse.
    Nurse specific criteria developed by the provincial Department of civil affairs in conjunction with the provincial Finance Department.
    15th article exit active of for war, and for public disability of disability soldiers for old injury recurrence death of, by County Health administrative sector confirmed qualification of medical institutions issued of death reasons proved, by County Government home sector audit and by province's City Government home sector confirmed Hou, according to for public sacrifice soldiers of pension standard to its survivors one-time pension, its survivors enjoy for public sacrifice soldiers survivors of pension treatment.
    16th death of disabled soldiers, by the provincial Civil Affairs Department to remove his hold of the People's Republic of China disabled permit, County Civil Affairs Department since the death of disabled soldiers month suspension of disability benefits.
    17th and demobilized soldiers with disabilities apply for preparing prostheses, transport tricycle and other auxiliary devices, review by the County Civil Affairs Department, after review by the provincial Department of civil affairs in charge of solving. Fourth chapters preference 18th during conscript service, their family by the domicile of the County Civil Affairs Department before August 1 of each year to preferential treatment of gold or other preferential treatment.
    Treatment standards by the people's Governments at the county level in accordance with no less than the local average living standards.
    People's Governments at the county level shall strengthen budget management privilege gold, county level uniform.
    Article 19th level to six residual JI military health care costs, a seven-to ten-level disabled war veterans suffered recurrence of medical expenses under the Ordinance and the relevant provisions of the State guarantees and subsidies. Disabled military veterans and martyrs, and demobilized soldiers, in spite of their hometowns survivors, survivors of the soldiers died while on duty military survivor, died in the hospital, to participate in the new rural cooperative medical system and urban workers ' basic medical insurance, medical relief and other medical preferences.
    Specific measures by the provincial Department of civil affairs in conjunction with the financial sector, health sector, the labour and social security administrative departments shall be separately formulated and submitted to the provincial people's Government for approval before implementation.
    20th disabled military veterans and martyrs, and demobilized soldiers, in spite of their hometowns survivor, died while on duty military survivor, died a soldier survivors meet the conditions for low-rent tenants, upon his own request, domicile shall give priority to supply meets the conditions for purchase of housing, upon his own request, his domicile after the County Civil Affairs Department to verify identity, domicile people's Governments shall give priority in housing according to the actual situation.
    Rural housing difficulties on pensions and preferential treatments, families have the capacity to alter existing buildings, by domicile help solve the people's Governments at the county level. Article 21st servicemembers with valid documents, disabled military personnel with the People's Republic of China Disabled military certificate of priority ticket by train, ship, bus and airline and disabled soldiers enjoy the preferential treatment of the normal fare of 50%.
    Disabled soldiers with the People's Republic of China military credentials with disabilities, compulsory military service with the PLA soldiers of free travel on local bus, tram and rail transport. Servicemen, disabled military personnel with valid documents in the province, to visit parks, museums, open to the cultural relics protection units, free tickets.
    Visit historical sites preferences formulated by the people's Government of its management unit is located.
    22nd regular quantitative benefits of demobilized soldiers, in spite of returning veterans ' death, domicile County Civil Affairs Department in addition to the current month shall receive regular quota of grants, an additional 6 months of regular quota grant, as funeral subsidy fee and cancellation of their receiving periodical and fixed grant documents. 23rd people's Governments at various levels shall give special care hospital, glorious building into local economic and social development plans, gradually increase input to improve medical facilities and services.
    Encourages the community to initiate special care hospital, glorious home. Various social welfare organizations should give priority to receive pensions and preferential treatments.
    Social forces organized by the social welfare institution receive pensions and preferential treatments, Governments at all levels should be encouraged and supported. The fifth chapter by-laws

    Article 24th discharged disabled soldiers and enjoy regular pension survivor's and enjoying life benefits other pensions and preferential treatments on a regular basis when migrating objects household, household to move out of the County Civil Affairs Department to that year's pension, benefits, household moved to the County Civil Affairs Department with the pension transfer, since household register moved the following January in accordance with local standards, and benefits. 25th article of the rules take effect on February 1, 2007.
                                                                                                          Released on April 13, 1990, the Henan province of the military abrogated the implementation measures for the pension benefits Ordinance.