Implementation Measures of Nanning City for Pensions and Preferential Treatment for Servicemen

Date:2015-08-22

May 28, 2013

Governments of all levels in Nanning, all departments of municipal government, all administrative committees, all institutions and enterprises directly under municipal government,

 

The Implementation Measures of Nanning City for Pensions and Preferential Treatment for Servicemen, deliberated and adopted at the 40th Executive Meeting of the 13th Municipal Government, are hereby promulgated and released to all departments mentioned above. Please implement the measures seriously by combining the actual situation.

May 28, 2013

Implementation Measures of Nanning City for Pensions and Preferential Treatment for Servicemen

 

Chapter 1 General Rules These measures are formulated in accordance with Regulations on Pensions and Preferential Treatment for Servicemen and Implementation Measures of Guangxi Zhuang Autonomous Region for the Regulations on Pensions and Preferential Treatment for Servicemen and in light of the actual situation of Nanning.

Article 1

 

Article 2 The soldiers on active duty in Chinese People’s Liberation Army within the administrative area of Nanning (hereinafter referred to active servicemen), military personnel with disabilities withdrawing from active duty, demobilized solders, veterans, bereaved families of martyrs, of military personnel who sacrifice in action and of military personnel who die of illness (hereinafter all referred to “three kinds of bereaved families”) and the family members of active servicemen with household registers in Nanning shall be entitled to the pensions and preferential treatment in accordance with Regulations on Pensions and Preferential Treatment for Servicemen and Implementation Measures of Guangxi Zhuang Autonomous Region for the Regulations on Pensions, Preferential Treatment for Servicemen and these measures.

 

Article 3 The civil affairs departments of municipal, county or district level shall be the ones in charge of the pensions and preferential treatment for servicemen within the administrative areas of the city, county or district and shall be responsible for the implementation of these measures.

All national authorities, people’s organizations, institutions and enterprises, social groups and citizens within Nanning shall perform their duties according to these measures.

 

Article 4 The pensions and preferential treatment for servicemen shall be given on the principal of the joint efforts of the nation and social forces.

The people’s governments of and above county or district level shall take the pensions and preferential treatment for servicemen into the master plan of social and economic development and establish a sound mechanism for pension rises so that the pensions and preferential treatment may be geared to the economic and social development level of Nanning, ensuring the living standards of those who enjoy pensions and preferential treatment not lower than the average level of the city.

 

Article 5 The fund used for the pensions and preferential treatment for servicemen shall be borne by local governments except for the part from central and provincial government budget.

The fund used for the pensions and preferential treatment for servicemen shall be used for its intended purpose and be subject to the supervision of finance and audit departments.

All sections of society and individuals are encouraged to care and respect the beneficiaries of the pensions and preferential treatment by organizing diversified activities to show their support to the army and give preferential treatment to the families of servicemen.

 

Article 6 The municipal, county or district government shall cite or award the units or individuals for their remarkable performance in the work related to the pensions and preferential treatment for servicemen.

 

Chapter 2 Pensions “three kinds of bereaved families” and the servicemen with disabilities shall be entitled to the political honor and pensions given by the state and society.

Article 7

 

Article 8 At the notice issued by approval and confirming authorities, the civil affairs departments of county or district level will verify and release to “three kinds of bereaved families” Martyr Testimonial of People’s Republic of China, Testimonial of Military Personnel Sacrificed in Action of People’s Republic of China and Certificate of Death of Illness of Military Personnel of People’s Republic of China.

Martyr Testimonial of People’s Republic of China, Testimonial of Military Personnel Sacrificed in Action of People’s Republic of China and Certificate of Death of Illness of Military Personnel of People’s Republic of China shall be held by one person only who will be decided after the negotiation among the parents (or adopters), spouse and children of martyrs and military personnel sacrificed in action or died of illness. The negotiation result shall be submitted in written form to local civil affairs departments of county or district level. If the negotiation fails, the civil affairs departments of county or district level shall release the documents to the families according to the following sequence within the 3 months after receiving the relevant notice from the approval and confirming authorities:

1. Parents (or adopters);

2. Spouse;

3. Child or the eldest one of children.

The documents shall be possessed by the senior of the brothers or sisters of martyrs and military personnel sacrificed in action or died of illness if they do not have any families mentioned above. No document will be release in case of lack of brothers or sisters.

 

Article 9 For the active servicemen who are approved to be entitled to martyrs upon their decease, the civil affairs departments of county or district level which issue Martyr Testimonial shall release to the families the complimentary pensions to martyrs in accordance with the Regulations on Pensions and Preferential Treatment for Servicemen.

 

Article 10 For the active servicemen who sacrifice in action or die of illness, the civil affairs department of county or district level shall release to their families the pension once for all in accordance with state standards at the receipt of the notice about the decease of the servicemen. For the martyrs and military personnel who sacrificed in action or died of illness and used to win honorary title or performed meritorious service, an extra pension once for all will be released to their families according to state standards. No extra pensions once for all shall be released to the individuals who belonged to the group that won honorary title or performed meritorious service.

If the bereaved families who meet the requirements to be entitled to the pensions once for all but all settle overseas with their household registers in original place of residence canceled, the civil affairs department of the county or district where the army in which the servicemen stayed before their decease stationed shall release the pensions.

 

Article 11 The pensions once for all shall be released to the parents (or adopters), spouse and children of martyrs and military personnel sacrificed in action or died of illness; or to their brothers or sisters who are under 18 years old or who are above 18 years old but without source of income and should be supported by the servicemen before their decease. No pensions shall be released in case of lack of the families mentioned above.

The bereaved families same in order shall receive their share of the pensions once for all according to the testament of the deceased servicemen or through negotiation in case of no or invalid testament. If negotiation fails, the bereaved families shall receive their equal share of the pensions.

 

Article 12 The “three kinds of bereaved families” who meet the requirements in the Regulations on Pensions and Preferential Treatment for Servicemen may submit written application to the civil affairs department of the county or district of their domicile so that they may receive the pensions regularly.

The civil department shall check and verify the application within the 20 days from the date of receiving the application. The families, if in line with the legal requirements, are permitted to register and granted the certificate for regular reception of pensions which will be released in accordance with relevant state regulations in the month of the permission. The families failing to meet the legal requirements shall not be granted the certificate and will receive written explanation.

 

Article 13 The servicemen with disabilities, if retiring from military service or transferred to local government as approved by the army, shall, with the Certificate of Servicemen with Disabilities of People’s Republic of China, transfer by themselves their entitlement of pensions into the civil affairs department of the county or district which their household registers are transferred to with 60 days. The civil affairs department shall deal with the transfer according to its duties and procedures.

The retired servicemen with disabilities, once their entitlement of pensions are allowed to be transferred after verification, will receive the pensions for the disabilities in accordance with the standards as regulated by the state from the January of the next year.

 

Article 14 The active servicemen who are maimed in wars or in actions but the level of whose disabilities are not assessed in time shall submit the application to the civil affairs department of the county or district of their household registers for the assessment by themselves or by their guardians 3 years after their retirement or the conclusion of medical treatment.

The civil affairs department of all levels shall, according to their duties and regulated rules and procedures, assess the level of the disabilities as per the legally bound original written record issued by the army named in the files of the servicemen who retire or as per the original medical certificates issued by the military hospital appointed by the unit of corps-level or above of the army the servicemen served.

 

Article 15 If the disabilities deteriorate seriously after the retirement of the servicemen with disabilities, they themselves or their guardians may apply for the adjustment of the level of disabilities to the civil affairs department of the county or district of their household registers with the medical diagnosis issued by the medial institutions appointed by the civil affairs department.

The civil affairs department of all levels shall, according to their duties and regulated procedures, re-verify the state of the disabilities and adjust the level if the state is in line with the descriptions of the relevant level.

The medical diagnosis issued by a medical institution shall be confirmed as per the regulations by the health and medical expert group organized by the medical institution.

The servicemen with disabilities who make up the assessment or have their level of disabilities adjusted after retirement will receive the pensions for disabilities from the civil affairs department of the county or district of their household registers according to the state standards from the next month after receiving the approval.

 

Article 16 For the servicemen applying for assessment or adjustment of level of disabilities, if the state of disabilities turns out to reach the criteria of relevant level by medical identification, the cost arising therefrom shall be paid from the expenditure related to pension affairs of the civil affairs department of the county or district of their household registers or borne by themselves otherwise.

 

Article 17 If the retired servicemen with disabilities need to fit artificial limbs, wheelchairs or walk replacing tools, they themselves may apply to the civil affairs department of the county or district of their household registers which will submit the application to provincial civil affairs department for approval. The servicemen may go to the appointed units or medical institutions for free fittings they need at the approval and the cost arising therefrom will be paid according to relevant rules in Guangxi Zhuang Autonomous Region.

 

Article 18 If the retired servicemen with disabilities of level 1 to 4 are settled individually, their nursing allowance will be released by the civil affairs department of the county or district of their household registers in accordance with state regulations and the fund needed shall be borne by the government of the county or district.

The amount of the nursing allowance shall be decided according to the average monthly salary of local workers in the previous quarter released by local statistical department and be adjusted every July. When there is a negative growth in the average salary of local workers, the nursing allowance will maintain its original level.

 

Article 19 At the death of the retired servicemen with disabilities and the “three kinds of families” who receive regular pensions, or the death of the demobilized servicemen and the retired servicemen back to hometown with illness who receive regular and fixed amount of living subsidies, the civil affairs department of the county/district shall handle for the bereaved families the procedures of releasing once-for-all pensions or burial subsidies in accordance with the rules in Regulations on Pensions and Preferential Treatment for Servicemen and Implementation Measures of Guangxi Zhuang Autonomous Region for the Regulations on Pensions and Preferential Treatment for Servicemen.

 

Chapter 3 Preferential Treatment 

 

Article 20 According to relevant state regulations, preferential allowance shall be released to the families of conscripts whose household register are in the administrative area of Nanning when joining the army. For college students, preferential allowance shall be released to their families according to the standards of that to the local conscripts by the civil affairs department of the county or district where the students are approved to join the army.

The municipal government shall decide the standards of annual preferential allowance in the city according to the per capita consumption expenditure of urban residents and on the basis of the per capita expenditure for living consumption of rural households in the previous year; while the governments of county level shall decide the standards of annual preferential allowance in the county according to the per capita consumption expenditure of county residents and on the basis of the per capita expenditure for living consumption of rural households in the previous year.

 

Article 21 The conscripts who join the army where their household registers are not held, the students of military schools enrolled directly from the local area and specialized persons in art and sports shall not be entitled to the preferential allowance to the families of conscripts.

The conscripts with early retirement from military service will enjoy preferential treatment according to the number of the years of their actual service in the army. Any period of less than one year in active service shall be deemed as one year.

 

Article 22 If any conscript wins honorary title or performed meritorious service, an additional preferential allowance shall be released to his/her families in the same year.

1. An additional 80% to the honorary titles awarded by Central Military Commission;

2. An additional 60% to the honorary titles awarded by the units of or above military area commands;

3. An additional 55% to the first prize in the army;

4. An additional 50% to the second prize in the army;

5. An additional 20% to the third prize in the army; and

6. An additional 10% to the honor of excellent soldiers.

For those who perform meritorious services many times, the additional preferential allowance shall be calculated as per the proportion of the highest honor.

The conscripts who serve in the tough areas of Category 3 or above as identified by the state, on the island of Category 3 or above as classified by the Headquarters of Chinese People’s Liberation Army, and on the positions with high risks and serious hazard such as flight, submarine, aviation and nuclear-related positions, shall receive the preferential allowance which is 1.5 time of that to the families of local conscripts. The conscripts who serve in Tibet and Xinjiang Uygur Autonomous Region shall receive the preferential allowance which is 2 times of that to the families of local conscripts.

 

Article 23 The retired servicemen with disabilities, with their Certificate of Servicemen with Disabilities of People’s Republic of China, are entitled to all preferential treatments given to the disables in Nanning, Guangxi and China.

 

Article 24 The retired servicemen with disabilities who work in state agencies, social groups, institutions or enterprises are entitle to the same welfare and medical treatment with other staff with industrial injuries. The employers shall not dismiss, fire or terminate employment with the servicemen due to their disabilities.

If the retired servicemen with disabilities become unemployed because the enterprises are dismissed, are dissolved by law, go bankruptcy, or are restructured, the competent department of their employers shall be responsible for the settlement of the servicemen. If the competent department has difficulties in the settlement or there is no competent department at all, the local human resources and social security department shall give them priority to receive trainings and recommend them to the new positions.

If the employers go bankruptcy, are closed, auctioned or dissolved, merge with others, become separate, or are restructured, they must pay off the basic medical insurance which is due according to the existing relevant regulations and which shall be included into the cost of restructuring which will be allocated in a unified way.

For the public welfare positions arranged by the government, the retired servicemen with disabilities, “three kinds of families” and the families of active servicemen shall have the priority to get the positions if they meet the requirements of the positions.

 

Article 25 The retired servicemen with disabilities of level 1 to 6 whose household registers are held in the administrative area of Nanning and who receive the pensions for disabilities may join the basic medical insurance for urban workers in Nanning and, on the basis of this, enjoy the medical subsidies for the servicemen with disabilities. The measures for the medical support for the beneficiaries of pensions and preferential treatment shall be made by the municipal civil affairs department and the departments of finance, human resources and social security, and public health.

Article 26 The active servicemen and the servicemen with disabilities may enjoy the following preferential treatment with proper documentations:

1. Free visit in state-owned museums, memorial halls, science museum, exhibition centers and galleries;

2. Borrow the books from public libraries free of charge;

3. Free visit in parks, scenic spots, historic sites, natural reserves, bases for patriotism education, etc.;

4. For the servicemen with disabilities with proper documentations, free ride in city buses and rail transit tools; and for active servicemen with proper documentations, free ride in city buses and preferential fare for rail transit tools which is decided by the competent department of rail transit.

 

Article 27 The children of active servicemen, martyrs, military personnel who sacrifice in action or die of illness and the servicemen with disabilities of level 1 to 4 shall be entitled to the preferential treatment when going to schools or kindergartens, the measures of which shall be made by municipal department of education.

 

Article 28 If the “three kinds of families” with proper documentations do not receive regular pensions, the civil affairs department of the county or district where they live shall release to them RMB1000, RMB800 and RMB500 respectively once a year.

 

Article 29 The servicemen, with the Certificate of Servicemen with Disabilities of People’s Republic of China, and the “three kinds of families”, demobilized servicemen, retired servicemen back to hometown with illness and the retired servicemen who participated in battles or nuclear-related actions and receive regular grant, with the Certificate of Preferential Treatment for Beneficiaries of Pensions and Preferential Treatment in Guangxi, shall be entitled to the corresponding preferential medical treatment in public medical institutions.

 

Article 30 For urban demobilized servicemen, retired servicemen back to hometown with illness, retired servicemen with disabilities and the “three kinds of families” who meet the requirements for renting low-rent housing or buying economically affordable housing, the competent housing administrative department of the county or district where their household registers are held shall give them priorities and shall ensure the arrangement particularly for the bereaved families of martyrs and the military personnel who sacrifice in action and the servicemen with disabilities of level 1 to 6.

For rural demobilized servicemen, retired servicemen back to hometown with illness, retired servicemen with disabilities and the “three kinds of families” whose houses are destroyed and need to be rebuilt due to natural disasters, the county or district government shall give them priority as per the highest standard of the subsidies for rebuilding the houses collapsing in natural disasters. If the houses they live in are unsafe, the county or district government shall give them priority in renovating the dilapidated houses and increase their subsidies to the next standard level. If they live in the houses worse than the houses the local ordinary rural residents need to renovate, the county or district government shall give them appropriate subsidies as per the general standards of the subsidies to local victim of natural disasters to rebuild their collapsed houses.

  At airports, stations, piers and hospitals, the window for and sign of “Priority for Active Servicemen and Beneficiaries of Preferential Treatment” shall be established, and there shall be special seats for them in waiting rooms of stations or piers.

Article 31

 

Article 32 The human resources and social security department of county/district level or above shall provide free occupation consultancy services to the unemployed army dependents and coordinate with employers so that they may give priorities to the dependents among the candidates with similar qualifications. The human resources and social security department of county/district level or above shall give the dependents training subsidies if they meet the relevant requirements.

 

Article 33 The county/district government shall establish veteran homes on the basis of local conditions so as to care the bereaved old folks and the beneficiaries of pensions and preferential treatment who can not look after themselves.

Social forces are encouraged to set up various social welfare institutions which will give priority to the beneficiaries of pensions and preferential treatment when taking them in.

 

Chapter 4 Legal Liabilities 

 

Article 34 The persons who acquire the entitlement to pensions and preferential treatment by cheating shall be disqualified by the civil affairs department of the county/district their household registers are held with all released pensions or materials from preferential treatment retrieved.

 

Article 35 The administrative institutions and their staff with any of the following behaviors shall be ordered to make corrections by their senior competent departments. If the circumstances of the case are serious enough to constitute a crime, the offenders shall be investigated for criminal responsibility in accordance with the Law; if the case does not constitute a crime, the persons responsible for the offense shall be subject to administrative sanction or disciplinary punishment according to the law:

1. Not to release Martyr Testimonial of People’s Republic of China, Testimonial of Military Personnel Sacrificed in Action of People’s Republic of China and Certificate of Death of Illness of Military Personnel of People’s Republic of China according to relevant regulations;

2. Not to handle the procedures for regular pensions, the transfer of the entitlement of pensions or the application for making up the rating of or adjusting the levels of disabilities according to relevant regulations;

3. Not to release pensions, nursing allowance, grant, preferential allowance and burial subsidies as per relevant standards;

4. To deny or delay the approval of the applications for fitting auxiliary instruments by the retired servicemen with disabilities who meet relevant requirements;

5. To occupy, misappropriate and delay the release of the funds for preferential treatment;

6. To abuse authority, play favoritism, commit irregularities and take bribes during their work; and

7. Other cases to be investigated for their responsibilities according to the law.

 

Chapter 5 Supplementary Articles 

 

Article 36 These measures are applicable to the pensions and preferential treatment to the Chinese People's Armed Police Force within the administrative area of Nanning.

The pensions and preferential treatment for the emeritus or retired cadres of the army are subject to the regulations related to the active servicemen in these measures.

The pensions for the militias and the migrant workers dying or injured during their participation in battles and the pensions for the reserve military personnel, militias, migrant workers and others who die or are injured when they participate in military exercises, military drills or implement military services shall be handled by referring to the relevant rules in these measures.

 

Article 37 The pensions and preferential treatment shall be suspended if the beneficiaries of pensions and preferential treatment commit crimes and serve their sentences or are wanted by the police and shall be terminated if they are imposed death sentence or life imprisonment.

After the persons with their pensions and preferential treatment suspended are released from prison, their entitlement of pensions and preferential treatment can be resumed at the approval of the provincial civil affairs department. The suspended pensions, grant and preferential allowance shall not be released retroactively.

 

Article 38 The demobilized servicemen mentioned in these measures refer to the ones who joined the army before October 31 of 1954, then were demobilized from the army at the approval with their household register held in rural areas or in urban areas but without jobs.

The retired servicemen back to hometown with illness mentioned in these measures refer to the ones with the certificate of retirement or demobilization from the army who attended People’s Libration Army after the Compulsory Military Service was put into practice on a trial basis on November 1 of 1954, then were sick during their service and do not meet requirements for the assessment of the level of disabilities but with medical certificates issued by military hospitals.

The retired servicemen who participated in battles and receive regular grant mentioned in these measures refer to the retired ones who used to serve in the army and attend in all military strikes and actions for the purposes of resisting foreign invasion, realizing the unification of the country, defending China’s territorial integrity and sovereignty, and safeguarding the security of the nation since November 1 of 1954.

The retired servicemen who participated in nuclear-related actions and receive regular grant mentioned in these measures refer to the retired ones who worked in former Test Base No.21 of the Commission for Science, Technology and Industry for National Defense (former Unit 8023) or who attended nuclear tests.

 

Article 39 These measures shall be implemented from August 1, 2013.

 

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