Article 1 These Measures are formulated in accordance with the Regulations on Pensions and Preferential Treatment for Military Personnel (hereinafter referred to as the Regulations) and in light of the actual situation of this province, in order to guarantee the pensions and preferential treatment for military personnel, stimulate the enthusiasm of military personnel for defending and building the motherland, and strengthen national defense and army building.
Article 2 Within the administrative region of this province, these Measures shall apply to the pensions and preferential treatment for servicemen of China People's Liberation Army (hereinafter referred to as servicemen), disabled soldiers, demobilized soldiers, veterans, survivors of martyrs, survivors of soldiers who died in the line of duty, survivors of deceased soldiers and families of soldiers.
Article 3 The funds needed for military pensions and preferential treatment shall be borne by the people's governments at all levels in this province at different levels, and shall be used for special purposes, except for the part of the central financial burden, and shall be subject to the supervision of the financial and auditing departments.
Article 4 The civil affairs departments of the people's governments at or above the county level shall be in charge of pensions and preferential treatment for servicemen within their respective administrative areas; The departments of finance, health, education, labor and social security, personnel and construction of the people's governments at or above the county level shall, according to their respective functions and duties, do a good job in pensions and preferential treatment for servicemen.
Article 5 People's governments at all levels shall commend and reward units and individuals that have made remarkable achievements in the work of pensions and preferential treatment for servicemen.
Chapter II Death Pension
Article 6 If a soldier dies and is approved as a martyr, or is confirmed to have died in the line of duty, his survivors shall enjoy pension in accordance with the Regulations and these Measures.
Article 7 The civil affairs department of the people's government at the county level shall, within 20 days from the date of receiving the death notice issued by the army, issue the People's Republic of China (PRC) Martyr's Certificate, People's Republic of China (PRC)'s Sacrifice in the Line of Duty Certificate and People's Republic of China (PRC)'s Death Certificate (hereinafter referred to as the certificate) to the military survivors.
The holder of the certificate shall be determined by the survivors of the soldiers through consultation; If negotiation fails, it shall be distributed according to the following order of military survivors:
(1) Parents (dependents).
(2) spouse.
(3) children. If there is more than one child, the oldest child will be given.
If there are no survivors listed in the preceding paragraph, they will be distributed to brothers and sisters of soldiers; If there are multiple brothers and sisters, send them to their elders; No brothers or sisters.
After the holder confirms, it will not be replaced. If the certificate is lost, it shall be reissued in accordance with relevant regulations.
Article 8 The civil affairs department of the people's government at the county level where the holder's household registration is located shall, within 30 days from the date of issuing the certificate, issue a one-time pension in the following ways:
(a) parents (dependents), spouses and children agree to allocate the amount, according to the amount determined through consultation; If negotiation fails, equal payment shall be made according to the number of people.
(2) If there are no parents (dependents), spouses or children, they will be given to brothers and sisters under 18 years of age and brothers and sisters who have reached 18 years of age but have no source of living expenses and were supported by the soldier before their death; There are more than two brothers and sisters, and they agree on the amount to be allocated.
If there are no survivors as stipulated in the preceding paragraph, no one-time pension will be paid.
Article 9 If the survivors of martyrs, soldiers who died in the line of duty, or deceased soldiers meet the conditions for enjoying regular pension, the civil affairs department of the people's government at the county level where their household registration is located shall issue a certificate of regular pension within 30 days from the date of issuing the certificate.
The civil affairs department of the people's government at the county level shall issue regular pensions on a monthly basis. Survivors receive periodic pensions on the basis of proof of receiving periodic pensions.
"Regular pension certificate" is uniformly printed by the civil affairs department of the provincial people's government.
Article 10 If the living standard of the survivors of martyrs, soldiers who died in the line of duty or soldiers who died is still lower than the local average, the people's governments at or above the county level may appropriately issue additional pensions.
Article 11 Where the survivors of martyrs who enjoy regular pensions, soldiers who died in the line of duty or soldiers who died, the civil affairs department of the people's government at the county level shall issue a one-time six-month regular pension as a funeral subsidy. At the same time, cancel his Certificate of Receiving Regular Pensions, and stop paying regular pensions from the month of his death.
Article 12 Where the survivors of martyrs who receive regular pensions, the survivors of soldiers who died in the line of duty, or the survivors of deceased soldiers move their accounts in this province, they shall apply to the civil affairs department of the people's government at the county level where the accounts move out. The civil affairs department of the people's government at the county level where the account is moved out shall settle the account within 3 days from the date of accepting the application, and be responsible for issuing the regular pension for that year.
The civil affairs department of the people's government at the county level where the registered permanent residence is moved shall, within 15 days from the date when the survivors of martyrs, soldiers who died in the line of duty and deceased soldiers put forward the application for receiving regular pension, review the materials submitted by them, such as the certificate of residence in the registered permanent residence, the certificate of pension relationship transfer and pension files. Those who meet the requirements shall go through the formalities of receiving regular pension, and be given regular pension from June 65438+the following year 10.
Inter-provincial transfer of regular pension relations shall be handled in accordance with relevant state regulations.
Chapter III Disability Pension
Article 13 Servicemen disabled due to war, work or illness shall enjoy pensions in accordance with the Regulations and these Measures.
Article 14 Servicemen who have been identified as disabled during their service shall, after retiring from active service, apply to the civil affairs department of the people's government at the county level where they settled for the formalities of moving in the disability pension relationship with the "People's Republic of China (PRC) disabled soldiers Certificate" and the certificate of disability pension transfer issued by the political department of the unit at or above the regiment level. The civil affairs department of the people's government at the county level shall complete the application within 20 days from the date of receiving the application.
Fifteenth provinces, districts and municipal people's government civil affairs departments in conjunction with the administrative department of health respectively set up medical and health expert groups. The members of the medical and health expert group are 3 or 5, randomly selected from the medical and health expert database.
The personnel selected into the medical and health expert database shall meet the following conditions:
(a) with senior professional and technical positions in medicine and health;
(two) to master the relevant knowledge of labor ability appraisal;
(3) Having good professional ethics.
The establishment methods and evaluation rules of the medical and health expert group shall be formulated by the civil affairs department of the provincial people's government in conjunction with the health administrative department.
Article 16 If an active serviceman is disabled due to war or duty, fails to assess the disability grade in time, and applies for re-assessment of the disability grade three years after his retirement from active service or the end of medical treatment, he (whose interested party is a mentally ill person) shall apply to the civil affairs department of the people's government at the county level where his domicile is located.
(a) reissue the application form for disability grade;
(2) Records of disability caused by war or work during active service or original medical certificates issued by military medical institutions designated by units at or above the military level;
(three) identity documents, certificates of discharge from active service and two-inch bareheaded color photos.
Seventeenth soldiers discharged from active service in accordance with the provisions of article sixteenth of the application, in accordance with the following procedures:
(a) the civil affairs department of the people's government at the county level shall notify the applicant to accept the disability examination of the municipal medical and health expert group within 10 days from the date of accepting the application. The medical and health expert group shall, within 5 days from the date of inspection, issue a medical appraisal opinion on disability grade signed by the members of the expert group and report it to the civil affairs department of the people's government at the county level.
(2) The civil affairs department of the people's government at the county level shall inform the applicant in writing of the appraisal opinion within 20 days from the date of receiving the appraisal opinion of the medical disability grade, and issue a preliminary acceptance opinion together with all the materials to the civil affairs department of the people's government at the provincial level.
(three) the applicant refuses to accept the medical appraisal opinion of disability grade, and may apply to the provincial medical and health expert group for review within 15 days from the date of receiving the opinion. The provincial medical and health expert group shall make a review opinion within 10 days from the date of receiving the application and submit it to the civil affairs department of the provincial people's government. The civil affairs department of the provincial people's government shall, within 20 days from the date of receiving the review opinions, identify the nature of disability and assess the level of disability according to the review opinions, and issue the "People's Republic of China (PRC) disabled soldiers Certificate"; Those who do not meet the conditions for assessing the level of disability shall not be identified or assessed, and the reasons shall be informed in writing.
Article 18 If disabled soldiers, who has retired from active service, has a serious deterioration of disability, and the original disability level is obviously inconsistent with the disability situation, and applies for adjusting the disability level, he (whose interested party is a mental patient) shall apply to the civil affairs department of the people's government at the county level where his household registration is located. The following materials shall be submitted when applying:
(1) An application form for adjusting the disability level;
(2) Medical records of the disabled;
(3) Identity documents and People's Republic of China (PRC) disabled soldiers Certificate.
Disabled soldiers, who retired from active service in accordance with the provisions of the preceding paragraph, applies, and the civil affairs department of the people's government at or above the county level shall refer to the procedures stipulated in Article 17 of these Measures.
Article 19 If an active serviceman who has retired from active service applies for re-evaluation or adjustment of disability grade, and his disability reaches the disability evaluation or adjustment of disability grade standard through medical appraisal, the required disability appraisal fee shall be charged in the pension service fee of the civil affairs department of the local people's government.
Twentieth disability pension by the civil affairs department of the people's government at the county level where the household registration in disabled soldiers is located in accordance with the following provisions:
(1) For disabled soldiers who retired from active service, from the year following his retirement1;
(two) to assess the level of disability, from the month when the decision to assess the level of disability is made;
(three) to adjust the level of disability, from the month when the decision to change the level of disability is made.
Article 21 The people's governments at or above the county level may issue additional disability pensions to disabled soldiers, which lives on disability pensions but is still lower than the local average, or give subsidies in the form of preferential payments, minimum living allowances, temporary relief funds, special hardship relief funds, holiday solatium and in kind to ensure that its living standards are not lower than the local average.
Twenty-second disabled soldiers died, his disability pension stopped from the month after his death.
Disabled soldiers, who retired from active service because of the war and was disabled on duty, died of a recurrence of an old injury. The civil affairs department of the people's government at the county level where the household registration is located shall issue a one-time pension to its survivors in accordance with the standard of pension for soldiers killed in the line of duty, and their survivors shall enjoy the pension treatment for survivors of soldiers killed in the line of duty.
Disabled soldiers, who retired from active service due to war, duty or illness, died, and the civil affairs department of the people's government at the county level where the household registration is located will issue a disability pension of 12 months to his survivors as a funeral subsidy; Among them, if disabled soldiers, who was disabled due to war and duty, died of illness, his survivors will enjoy the pension treatment for the survivors of deceased soldiers.
Chapter IV Preferential Treatment
Twenty-third conscripts after active service, their families by the local people's government to give preferential treatment or other preferential treatment, preferential treatment standard is not lower than the local average living standard.
College students who have been approved to serve in active service and whose household registration is within the administrative area of this province shall be given preferential treatment by the people's government of the place where they are collected in accordance with the policy of urban compulsory soldiers; If the household registration is in the administrative area of other provinces (autonomous regions and municipalities directly under the Central Government), family members shall enjoy preferential treatment in accordance with relevant state regulations.
If the household registration is within the administrative region of this province, but the college students studying in full-time colleges and universities in other provinces (autonomous regions and municipalities directly under the Central Government) are in active service and do not enjoy preferential treatment in the place of collection, their families will be given preferential treatment by the people's government at the county level where the household registration is located in accordance with the relevant provisions of the state and this province before entering school.
Family members of military college students and military cultural and sports professionals directly recruited from local areas do not enjoy preferential payments; If a soldier is admitted to a military school or transferred to a non-commissioned officer, his family members will no longer enjoy preferential payments from the third year of enlistment.
Article 24 The local people's governments shall include disabled soldiers, demobilized soldiers from rural areas, veterans who returned home sick, survivors of martyrs, survivors of soldiers who died in the line of duty, and survivors of deceased soldiers (hereinafter referred to as key special care recipients) into urban basic medical insurance, new rural cooperative medical care or urban and rural medical assistance.
Specific measures for medical security for key entitled groups shall be formulated by the administrative departments of civil affairs, finance, labor security and health of the provincial people's government and submitted to the provincial people's government for approval.
Article 25 If the key entitled groups meet the requirements for renting low-rent housing and purchasing affordable housing stipulated by the local people's government, the local people's government shall give priority to them.
The local people's government shall give help to the key entitled groups living in cities where the houses are dangerous or the living area is lower than the living standard announced by the local people's government; Housing demolition, priority should be given to resettlement.
People's governments at the county level shall help solve the housing difficulties of key entitled groups in rural areas (including market towns).
Twenty-sixth servicemen with valid documents, disabled soldiers with the "People's Republic of China (PRC) * * * and disabled soldiers card" to enjoy the priority to buy tickets to take domestic trains, ships, long-distance buses and civil aviation flights; Disabled soldiers enjoys a discount of 50% off the normal fare.
Servicemen enjoy preferential treatment by taking local buses, trams and rail vehicles with valid certificates, and the specific measures shall be formulated by the relevant city people's governments. Disabled soldiers can take buses, trams and rail transit in the city for free with the People's Republic of China (PRC) disabled soldiers Certificate.
Twenty-seventh servicemen hold valid certificates to visit parks, museums and places of interest, and disabled soldiers holds the People's Republic of China (PRC) disabled soldiers Certificate to visit and enjoy preferential treatment. Specific measures shall be formulated by the people's governments at or above the county level where parks, museums and historical sites are located.
Twenty-eighth retired soldiers, disabled soldiers, children of martyrs, children of soldiers who died in the line of duty, children of disabled soldiers from grade one to grade four, and children of servicemen receive education and enjoy preferential treatment in accordance with the relevant provisions of the state and this province.
Twenty-ninth families of active-duty officers, civilian cadres and non-commissioned officers approved by the political organs of units at or above the military division (brigade) level shall be solved by the public security organs where the troops are located. Before joining the army, they were employees of state organs, social organizations, enterprises and institutions, and the labor and social security departments and personnel departments of the people's governments where the troops are located shall receive them and properly resettle them; If there is no work unit before joining the army, the people's government of the place where the army is enlisted shall make corresponding arrangements according to my actual situation; For self-employed, relevant expenses shall be reduced or exempted in accordance with the relevant provisions of the state.
Article 30 Where the survivors of martyrs, soldiers who died in the line of duty and soldiers who died are handed over to the local people's government for resettlement, they shall enjoy the pensions and preferential treatment as stipulated in the Regulations, these Measures and the people's government of the resettlement place.
Thirty-first rural demobilized soldiers, veterans returning home sick, by the civil affairs departments of the people's governments at or above the county level in accordance with the provisions of the conditions, to give regular quantitative subsidies and appropriate preferential treatment, and gradually improve their living conditions.
Veterans aged over 60 in rural areas should be given priority in the scope of rural five guarantees. If life is still difficult, regular subsidies or temporary assistance shall be given.
Article 32 People's governments at or above the county level shall, in accordance with the provisions of the state, set up special care hospitals and glorious homes to treat the elderly who are widowed and unable to take care of themselves or provide centralized support.
All kinds of social welfare institutions should give priority to receiving pensions and preferential treatments.
Chapter V Legal Liability
Article 33 If the civil affairs department of the people's government at or above the county level violates the provisions of Article 7, Article 8, Article 9, Article 12, Article 14, Article 17 and Article 18 of these measures, fails to issue a certificate, a Certificate for Receiving Regular Pensions and pensions within the prescribed time limit, goes through the formalities for receiving regular pensions, moves into the disability pension relationship, or supplements the disability grade or adjusts the disability grade, the people's government at the same level or the civil affairs department of the people's government at a higher level shall order it to make corrections within a time limit.
Thirty-fourth provinces and districts of the city medical and health expert group and its members issued false expert opinions, the civil affairs departments of the people's governments of provinces and districts shall be ordered to make corrections within a time limit; If the circumstances are serious enough to constitute a crime, the criminal responsibility of the relevant responsible personnel shall be investigated according to law; If it does not constitute a crime, the relevant responsible persons shall be given administrative sanctions or disciplinary sanctions according to law.
Thirty-fifth was sentenced to fixed-term imprisonment, deprivation of political rights or wanted, suspended pensions and preferential treatment; Those sentenced to death or life imprisonment shall be disqualified from pension and preferential treatment.
Thirty-sixth penalties for other acts in violation of these measures, the "Regulations" have made provisions, from its provisions.
Chapter VI Supplementary Provisions
Article 37 These Measures shall apply to the Chinese People's Armed Police Force within the administrative area of this province.
Article 38 These Measures shall come into force as of July 6, 2007. 199265438+February 10 The Measures for the Implementation of the Regulations on Pension and Preferential Treatment for Soldiers in Anhui Province promulgated by the provincial people's government shall be abolished at the same time.