Military Regulations On Pensions And Preferential Treatments

Original Language Title: 军人抚恤优待条例

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(August 1, 2004 People's Republic of China State Council, People's Republic of China Central Military Commission order No. 413, released on July 29, 2011, the State Council and the Central Military Commission on revising the military pensions and preferential treatments for Ordinance revision of the decision)
  Chapter I General provisions

First in order to protect the country against military pensions and preferential treatments, encouraging soldiers to defend the motherland and devotion to the development of, and strengthening national defense and army building under the People's Republic of China Law on defence and the People's Republic of China military service law and other relevant laws, the regulations are formulated.

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, is provided for in this regulation on pensions and preferential treatments, in accordance with the provisions of this Ordinance 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.

State encourages social organizations and individuals to contribute to the cause of military pensions and preferential treatments.

Fourth article country and society must pay attention to and strengthen military pensions and preferential treatments. Bereaved families of military personnel requirements for preferential treatment by the State Council and local people's Governments at various levels grading burden.

Central and local governments allocated funding of military pensions and preferential treatments, earmarks, and accept supervision by the financial and auditing departments.

Fifth civil affairs departments of the State Council in charge of the nation's military pensions and preferential treatments work; 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.

State organs, public organizations, enterprises and institutions shall fulfil their military pensions and preferential treatments for liabilities and obligations.


Sixth people's Governments at various levels have made outstanding achievements in military pensions and preferential treatments work units and individuals, recognition and rewards.
  Chapter II death

The seventh active duty deaths was approved as a martyr, and was confirmed to have died while on duty or died, their survivors enjoy pension in accordance with this Ordinance.

The eighth active servicemen died, in line with one of the following approved as a martyr:

(A) the enemy killed, or injured in medical end due to a death in combat with the enemy;

(B) mission killed by enemies or criminals, or captured, arrested unyielding was tortured to death or killed by the enemy;

(C) for the rescue and protection of State property and people's lives and property or death of carry out anti-terror missions and respond to emergencies;

(D) by carrying out military exercises, combat flight of navigation, airborne and missile training, trial test missions as well as in weaponry and equipment research and testing dies;

(E) in the diplomatic mission or the countries foreign aid, the maintenance of international peace missions in the sacrifice;

(Vi) other those circumstances are especially prominent, as a model.

Active-duty military personnel in enemy operations, border and coastal defense duties or rescue and relief tasks in the disappearance, declared dead by legal procedures, treated as martyrs.

Approval of martyrs, belonging to the deaths due to war, approved by the political organs of the above regiment level units; non-battle deaths, approved by the political organs of the army above Corps level units belonging to sixth as provided in the first paragraph of this section, approved by the people's Liberation Army General political Department.

Nineth active servicemen killed and meet one of the following circumstances, recognized as a sacrifice for the public:

(A) on a mission or during travelling, due to accidental deaths;

(B) was identified as a result of war, disability due to old injury after death for the public;

(C) because of the risk of an occupational disease;

(D) missions or sudden death due to illness on the job, or death from medical malpractice;

(E) other public death.

Active-duty military personnel in enemy operations, border and coastal defense duties or rescue missions other than the missing declared dead through legal procedures, according to the treated died while on duty.

Servicemen died while on duty, confirmed by the political organs of the above regiment level units belonging to first of the circumstances prescribed in the fifth paragraph of this article, confirmed by the political organs of the units above the army level.

Tenth active servicemen among the Nineth article third, fourth requirement other than the State, of deaths from other diseases recognised as died.

Active non-executive mission were killed or missing, declared dead by legal procedures, according to treat died.

Servicemen died, and confirmed by the political organs of the above regiment level units.

Martyrs of the 11th survivors, survivors of the soldiers died while on duty military survivor, died, issued by 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 certificate of death.

12th military deaths was approved as a martyr, in accordance with the provisions of the regulations of the martyrs praise to survivors of martyrs martyrs praise gold. 13th article active soldiers death, according to its death nature and death Shi of months wage standard, by County Government home sector to its survivors one-time pension, standard is: martyrs and for public sacrifice of, for Shang a annual national town residents per capita can dominated income of 20 times times added I 40 months of wage; died of, for Shang a annual national town residents per capita can dominated income of twice times added I 40 months of wage.

Monthly salary or allowance below the level of platoon second lieutenant wage standards, in accordance with the level of platoon second lieutenant wage calculation.

Received honorary titles or contribution in the martyrs, servicemen died while on duty in uniform, died, family members should enjoy a one-time pension based on percentage by County Civil Affairs Department in accordance with the following additional one-time benefits:

(A) was granted the honorary title of the Central Military Commission, issue 35%;

(B) access to Army military grade unit honorary title, issue 30%;

(C) State merit, issue 25%;

(D) the State second-class merit, issue 15%;

(E) the lisan, SEO 5%.

Awarded many honorary titles or meritorious martyrs, servicemen died while on duty in uniform, died, survivors from the County Civil Affairs Department in accordance with the highest proportion of additional rewards, additional one-time benefits.

14th made special contribution to living martyrs, died while on duty in uniform, has died of the military, except in accordance with the regulations issued to family members of a one-time grant, the army can be sent to family members in accordance with the relevant provisions of the special one-time benefit.

15th one-time grant to martyrs, servicemen's parents died while on duty in uniform, died (dependants), spouses, children without parents (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.

Of martyrs 16th to meet one of the following conditions are survivors, survivors of the soldiers died while on duty military survivor, died, to regular pension:

(A) parents (dependants), spouse and without ability to work, no source of subsistence or income level is below the average standard of living of the local population;

(B) children under the age of 18 years or 18 years of age but due to school or no source of living with a disability;

(C) the brothers and sisters under the age of 18 years of age or has reached the age of 18 but due to school non-living sources and supported by the soldier died.

Eligible survivors ' pension conditions on a regular basis, by County Civil Affairs Department issued a certificate of pension recipients on a regular basis. 17th periodic pension standards shall be referred to the national per capita income level of urban and rural households.

Pension standards on a regular basis and adjustments prescribed by the civil affairs departments of the State Council in conjunction with the financial sector.

18th local people's Governments at or above the county level shall rely on periodic pension difficulties remain in martyr survivors, survivors of the soldiers died while on duty military survivor, died, can be issuing pension or other benefit and guarantee their living not lower than the local average living standards.

Martyr of the 19th regular pension survivors, survivors of the soldiers died while on duty military survivor, died the death, an additional 6 months their enjoyment of periodic pensions, funeral grants, and cancellation of entitlement to pension documents on a regular basis.


20th article active soldiers missing, by statutory program declared death of, in its was approved for martyrs, and confirmed for for public sacrifice or died Hou, and by statutory program revoked on its death declared of, by original approved or confirmed organ canceled its martyrs, and for public sacrifice soldiers or died soldiers qualification, and by sent card organ recovered about documents, terminated its family original enjoy of pension treatment.
  Chapter III disability

21st 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 this Ordinance and enjoy pensions.

Eighth article of one of the leading cause of disability, recognized as disabled by war; the Nineth article one of the leading cause of disability, recognized as disabled for the public; conscripts and junior NCO for the Nineth, paragraph III, diseases leading to disability outside the circumstances prescribed in the fourth, identified as disabled due to illness.

22nd disability levels, according to the labor levels of dysfunction and daily life obstacles identified, from heavy to light into the first tier to ten.

Levels of disabilities of specific evaluation criteria shall be formulated by the Department of Civil Affairs, human resources and social security sectors, the health sector in conjunction with the relevant departments under the army. 23rd service members disabled by war, business, medical end meets the conditions for assessing levels of disabilities should be assessed levels of disabilities.

Conscripts and junior NCO meet the assessed levels of disabilities of disability due to illness, I (mentally ill by the interested person) applicants should also assess levels of disabilities.

Disabled by war, business, disability rating is rated as grade I to grade ten, enjoying regular service, disability due to illness, disability rating is rated as grade I to grade six and enjoy pensions.

24th due to war, business, determination of the nature of disability due to illness and disability assessment of degree of permissions are:

(A) compulsory military service and junior Sergeant's disability, by the military units above the army level determination and evaluation of the health sector;

(B) officers, clerical officers and mid-level noncommissioned officers of disability, by military units above the district level health services identified and assessed;

(C) discharged soldiers and handed over to the Government placing army retired, cadres need to identify the grade of disability nature of disability and assessment, identification and assessment by the provincial Civil Affairs Department.

Assessment of levels of disabilities, should be based on medical disability rating issued by the medical expert opinion from the Panel of experts.

Disabled war veterans finds the nature of disability and evaluating levels of disabilities in it to the People's Republic of China certificate of disabled war veterans.

25th service members disabled by war, business, did not assess levels of disabilities in a timely manner, discharged after 3 years ' end or medical, I (mentally ill by the interested person) applying for the assessed levels of disabilities, records or original medical certificate, you can assess levels of disabilities.

After active duty was assessed levels of disabilities, during the period of active service or discharged with disabilities experiencing serious deterioration of the situation, the original levels of disabilities and disability situation differs markedly from my (mentally ill by its stakeholders) for adjusting levels of disabilities can re-assess the levels of disabilities. 26th and demobilized soldiers with disabilities, in accordance with levels of disabilities disability pensions.

Disability pensions granted by the County Civil Affairs Department.

Work needs to continue on active duty soldiers with disabilities, approved by the military units above the army level, issued by the unit in accordance with the provisions of disability benefits. 27th disabled employees in standard shall be referred to the national pension is determined.

Disability standard and level to level ten specific measures for disabled military invalidity pensions, prescribed by the civil affairs departments of the State Council in conjunction with the financial sector.

Local people's Governments at or above the county level to living on disability benefits are still disabled soldiers have difficulty, could be issuing disability pension or other benefits, guarantee their living not lower than the local average living standards.

28th and demobilized due to warfare, disabled war veterans disability attributable deaths due to old injury, 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, family members of an additional 12 months of disability, as funeral subsidy costs due to war, a disability attributable to four levels of disabled soldiers died of disease, treatment of family members of servicemen enjoy died a survivor's pension.

29th discharged from level to level four disabled soldiers, supported by country life which need long-term medical or alone and not placed and approved by the provincial Department of Civil Affairs, can be concentrated.

Article 30th placed level to level four disabled soldiers sent to nursing, nursing fee standard is:

(A) because of the war, because of public primary and secondary disabilities, local monthly wage of employees 50%;

(B) due to war, three-level and four-level of disability for the public, for a local monthly wage of employees 40%;

(C) levels to four levels of disability due to illness, for a local monthly wage of employees 30%.

Nursing care of discharged disabled soldiers, issued by the civil affairs departments above the county level people's Governments; nursing fee is not discharged disabled soldiers, approved by the military units above the army level, issued by the unit.


31st disabled soldiers need the preparation of artificial limbs, transport tricycle and other auxiliary devices, are enlisted, the army above Corps level units are responsible for solving; from active service, the provincial Civil Affairs Department is responsible for solving.
  The fourth chapter preference

Article 32nd martyrs survivors enjoy preferential treatment in accordance with regulations of the martyrs praise.

33rd military active duty during 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.

Conscripts and junior non-commissioned army before State organs, social organizations, enterprises and institutions staff (including contract staff), discharged, allowing resumption of reinstatement, and enjoy no less than the units in the same position (job), with the length of the treatment of workers; during active service, the family continues to enjoy relevant benefits to the families of the staff.

Military and contracted before the junior non-commissioned army (mountain, forest), you should save the; period of active service, in accordance with relevant State regulations and contracts agreed to pay taxes, but from other burdens.

Military forces from the mail, free mail service. 34th State level to six medical expenses in accordance with the provisions of the disabled to be protected by their medical insurance social insurance agency a separate account management.

Specific measures shall be formulated by the Department of civil affairs in conjunction with the human resources and Social Security Department, Finance Department.

Seven level to ten level disability soldiers old injury recurrence of medical costs, has participate in injury insurance of, by injury insurance fund paid, not participate in injury insurance, has work of by work units solution, no work of by local county above place Government is responsible for solution; seven level to ten level disability soldiers old injury recurrence yiwai of medical costs, not participate in medical insurance and I paid has difficult of, by local county above place Government, as appropriate, give grants. Disabled military persons, demobilized soldiers, in spite of returning veterans and survivors of the soldiers died while on duty military survivor, died medical preferences.

Specific measures by the people's Governments of provinces, autonomous regions and municipalities.

Central budget on pensions and preferential treatments for objects more difficult areas to give appropriate subsidies to help solve the pensions and preferential treatments for medical problems. 35th in the State organs, public organizations, enterprises or institutions of disabled soldiers, enjoyment and the unit to which the equal welfare and medical treatment of injured personnel.

Unit to which the ground of their disabilities will be dismissed, dismissal or termination of labor relations.

Article 36th servicemembers with valid documents, disabled military personnel with the People's Republic of China Disabled military certificate of priority tickets by internally running trains, ships, long-distance bus and airline and 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.

37th active servicemen, disabled military personnel with valid ID visit parks, museums, historical sites and enjoy preferential treatment, specific measures for the parks, museums, scenic spots and local people's Governments at or above the county level, where the management units.

Article 38th children of soldiers died while on duty in uniform, died, brothers and sisters, I voluntary recruitment and recruitment conditions are met, give priority for active service.

39th military and junior Sergeant discharged, register for the national civil service, institutions of higher learning and secondary vocational schools, with other candidates under the same conditions preference. Disability soldiers, and for public sacrifice soldiers children, and a level to four level disability soldiers of children, standing frontier border of County (City), and desert district, and national determine of remote in the of three class area and army determine of special, and one or two class Island forces active soldiers of children candidates registered for the General high school, and medium vocational school, and College, in admitted Shi according to national about provides give preferential treatment; accept degree education of, in equal conditions Xia priority enjoy national provides of the student policy. Active duty children's schooling, daycare, priority in the same condition received.

Specific measures prescribed by the civil affairs departments of the State Council in conjunction with the Education Department. 40th disabled, demobilized soldiers, in spite of returning veterans, died while on duty military survivor, died of the military family housing lease, purchase enjoy priority, preferential treatment in accordance with the relevant provisions. Have difficulty living on pensions and preferential treatments of rural housing, and by the help of the local people.

Specific measures by the people's Governments of provinces, autonomous regions and municipalities. The 41st 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, local government human resources and Social Security Department of the garrison should 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.

42nd mission frontier frontier counties (cities) in a remote, desert area, designated by the State of three kinds of areas and identified by the army, one or two islands serving military officers and civilian cadres and officers of the force, compliance with war conditions are not embedded with the families of the local people's Government shall make proper arrangements to protect its life is not lower than the local average living standards.

43rd army survivors of martyrs, died while on duty military survivor's military survivor transfer of local people's Governments and died place, enjoy the provisions of the present regulations and the local people's Governments on pensions and preferential treatments.

44th Veterans living difficulties, in accordance with the conditions laid down, civil affairs departments gave quantitative benefits on a regular basis by the local Government to gradually improve their living conditions.

45th State to set up special care hospital, glorious home, 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.
  The fifth chapter legal liability 46th military pensions and preferential treatments for management units and their staff misappropriation, interception, dividing up military pensions and preferential treatments for funding, constitute a crime, shall be investigated for criminal liability of persons; does not constitute a crime, the relevant responsible persons shall be given administrative sanctions or disciplinary action.

Misappropriation, interception, dividing up the military pensions and preferential treatments for funds, the upper-level people's Government departments of Civil Affairs, the military authorities ordered recalled.

47th army pensions and preferential treatments for the management unit and its staff, units involved in military pensions and preferential treatments and staff of any of the following acts, the competent authority shall order rectification; serious enough to constitute a crime, shall be investigated for criminal liability of persons; does not constitute a crime, the relevant responsible persons shall be given administrative sanctions or disciplinary action:

(A) in violation of regulations and approval where the pay of soldiers;

(B) in approving the military work where the pay issues a false diagnosis, identification and certification;

(C) according to the provisions of the standard, amount, approval and payment of pensions, grants, preferential treatment;

(D) in military pensions and preferential treatments work, using his power for personal gain. 48th units is liable to military privilege does not perform the obligation of privilege, by County Civil Affairs Department ordered obligations; overdue fulfilment and fined 2000 Yuan and 10,000 yuan fine. Directly responsible for the charge and other direct liable persons shall be given administrative sanctions and disciplinary action.

For breach of privilege obligations on pensions and preferential treatments have suffered losses, and shall bear the liability for damages.

49th pensions and preferential treatments for one of the following acts, granted by the County Civil Affairs Department warned that deadline to return ill-gotten gains are serious, stop their pension, privilege constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) falsely claimed benefits, preferential payments, allowances;

(B) the condition of obtaining medical hoaxes;

(C) issuing false certificates, forged documents, seals to defraud, privilege gold, benefits.


50th 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 sixth chapter supplementary articles

51st article of the regulation applies to the Chinese people's armed police force.

52nd army retired, the retired Sergeant's pension and retirement benefits, in accordance with the provisions of this Ordinance relating to active duty on pensions and preferential treatments.

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 with reference to the relevant provisions of this Ordinance.

The demobilized soldiers of the 53rd referred to in these regulations refers to October 31, 1954, army, approved after demobilization from the army's personnel; returning veterans with illness, is in the active service during illness, has not yet reached the assessed levels of disabilities conditions and military hospitals have proved that personnel from the vet. 54th these regulations come into force on October 1, 2004. On July 18, 1988, the State Council issued the servicemen's pension benefits Ordinance be repealed simultaneously.

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