Newly Revised Regulations on Preferential Treatment of Military Pensions
It will come into force on October 1, 2024
What are the revisions?
What are the highlights and novelties?
The interpretation is here↓
Clarify the basic principles of preferential treatment for military bereavement pensions
In the general provisions, the Law on the Protection of the Status and Rights and Interests of People's Republic of China Military Personnel and the Law on the Protection of People's Republic of China Veterans have been added as legislative basis. It stipulates that the work of giving preferential treatment to the bereavement of military personnel shall implement the principles of matching treatment with contribution, attaching equal importance to spirit and material, and combining care with service, provide categorical guarantees, highlight key points, gradually promote the overall planning of urban and rural areas of the bereavement pension preferential treatment system, improve the dynamic adjustment mechanism for bereavement pension preferential treatment standards, and ensure that the level of bereavement preferential treatment is commensurate with the level of economic and social development and the needs of national defense and army building.
Policy Highlights:
"Inclusive plus preferential treatment" is an important principle of preferential care. Article 4 stipulates that the State guarantees that the recipients of bereavement pension preferential treatment enjoy social security and basic public services and other citizen preferential treatment, and at the same time enjoy the corresponding bereavement preferential treatment. When examining whether the recipients of bereavement benefits meet the conditions for enjoying the corresponding social security and basic public services, pensions, subsidies and preferential payments shall not be included in the personal and family income of the recipients of bereavement benefits.
Improve the system and mechanism for the work of bereavement pension and preferential treatment
The first is to clarify the scope of preferential care and the content of bereavement benefits. Adopt the method of listing items, and stipulate that the recipients of preferential treatment include military personnel, disabled servicemen who are on active duty or retired from active duty, the survivors of martyrs, the survivors of servicemen who died in the line of duty, the survivors of servicemen who died of illness, the families of servicemen, and retired servicemen, so that the scope of application of the regulations is clearer and the scope of targets is clearer. It stipulates that different recipients of preferential care shall enjoy corresponding death benefits, disability pensions and preferential treatment in accordance with the law.
Policy Highlights:
1. "Active-duty soldiers" is amended to "soldiers", which is consistent with the higher-level law; The terms "demobilized soldiers" and "veterans" in the original regulations were uniformly revised to "retired servicemen".
2. About death benefits. (1) Article 12, the circumstance of "death due to medical malpractice" is deleted from the case of sacrifice in the line of duty, mainly considering that the death due to medical malpractice does not have the nature of "due to the line of duty" and can be subject to civil compensation. (2) Article 16 adds the relevant provisions on the additional one-time pension for servicemen who have been posthumously awarded meritorious service and honors after their death, or who have received medals or state honorary titles. (3) Article 19 clarifies that the "three belongings" regular pension shall be paid from the month when it is verified that it meets the conditions for enjoyment. (4) Article 20 stipulates for the first time the conditions for the continued payment of regular pensions to the spouses of martyrs, servicemen who have died in the line of duty, and servicemen who have died of illness after remarriage.
3. Disability pension. (1) Item 3 of the second paragraph of Article 25, "in the course of performing a task or at work, suddenly suffering from illness or disability", it is necessary to accurately grasp the key points of the policy in conjunction with the "Reply on How to Determine the Disability of Civil Servants in the Sudden Illness of Civil Servants in the Performance of Tasks or at Work" (Min Han [2009] No. 54). (2) Article 27 Where the level of disability is clearly assessed, a disability pension shall be paid from the month of approval.
4. About the preferential part. The content and sequence of this part of the articles have been greatly adjusted, and the content of policy documents such as the "Opinions on Strengthening the Preferential Treatment of Military Personnel, Military Dependents, Retired Servicemen, and Other Preferential Care Recipients" has been solidified. Article 43 stipulates that military children enrolled in public compulsory education schools and inclusive kindergartens may enroll in the place where they or their parents, grandparents, maternal grandparents, or other legal guardians are registered, or where their parents reside or where troops are stationed, and enjoy the preferential education policies for local military children.
The second is to clarify the management system. The regulations specifically stipulate the duties and responsibilities of the departments in charge of the work of retired servicemen, other relevant organs, and relevant departments of the armed forces for the work of bereavement pensions and preferential treatment. Implement the "Law on the Security of Retired Servicemen" and other relevant provisions, clarify the financial responsibilities of the central and local governments, stipulate that the funds required for the preferential treatment of military pensions are mainly borne by the central government, and appropriately increase the intensity of provincial financial investment to reduce the financial pressure on the grassroots level.
Policy Highlights:
1. Article 6 stipulates for the first time that the local people's governments at or above the county level shall guarantee the funds for the preferential treatment of military personnel's bereavement pensions. The central and local financial arrangements for the bereavement of military personnel and the working expenses required for the implementation of the whole process of budget performance management. The "required funds" and "work expenses" should be emphasized separately, and all levels should coordinate the financial departments in a timely manner to include the bereavement pension preferential treatment and work expenses in the annual budget.
2. Article 5 corresponds to Articles 55, 56 and 57, stipulating the responsibilities of relevant units and personnel and the punishment measures for violations of laws and regulations, forming a closed loop of "power-responsibility-punishment". The corresponding fine amount will be adjusted from 2,000 yuan to 10,000 yuan to 20,000 yuan to 50,000 yuan.
The third is to improve the mechanism for linking the military and the civilian population. Refine the procedures for connecting the work of disabled veterans who have retired from active service or handed over to the government, the transfer of pension relationships, and the payment of pensions and nursing expenses.
Policy Highlights:
1. Article 30 stipulates that disabled servicemen who have retired from active service or who have been transferred to the government shall apply for transfer to a bereavement pension relationship within 60 days after the military has completed the formalities for retirement or transfer, and the disability pension for the current year shall be paid by the unit to which they belong, and the department in charge of veterans' work of the people's government at the county level in the place where they have moved shall be paid in accordance with local standards from the following year.
2. Article 34 Nursing allowances are paid to disabled servicemen who have been re-issued or adjusted to grades 1 to 4 after being discharged from active service, and who have been assessed as having mental illness of grade 5 to 6 during their active service. The standard of nursing care fee is linked to the average monthly wage of employees in urban units in the previous year.
3. Paragraph 2 of Article 34 stipulates that the nursing allowance for retired disabled servicemen who are transferred to the government for resettlement shall be implemented in accordance with the relevant regulations of the state and the army, so as to prevent the phenomenon of duplicate receipt of nursing expenses.
Enrich the content of bereavement benefits
The first is to establish a caring and assistance mechanism and an active discovery mechanism. It is stipulated that township people's governments and neighborhood offices shall take the initiative to understand the living conditions of the recipients of preferential care through household visits and other means; Make full use of the care fund for veterans to carry out assistance and assistance, and increase the extent of care and assistance for those who have undergone major changes in their lives and encountered special difficulties.
Policy Highlights:
Article 29 stipulates that if the competent department for veterans' work of a local people's government proposes that it is necessary to adjust the level of disability, the level of disability may be reassessed. If it is found that the disabled serviceman's disability is aggravated, he or she can take the initiative to help apply for adjustment of the disability level; If it is found that the disability rating is obviously incorrect, an adjustment may also be made.
The second is to enhance honor incentives. Fully absorb some of the measures and practices that are effective, well reflected by the society, and praised by all parties in work practice, and add provisions such as hanging glorious plaques, preparing and issuing preferential treatment certificates, sending good news, entering local chronicles, organizing short-term recuperation, inviting participants in major celebrations, and carrying out typical publicity, so as to build an honor incentive system that attaches equal importance to spirit and material.
Policy Highlights:
Material security and honor incentives are regarded as two sides of the same coin, and while enriching the form of security and improving the level of security, the functions of honor incentives and spiritual comfort are more prominent. It is stipulated that the recipients of bereavement benefits shall enjoy preferential treatment and preferential services in accordance with regulations when visiting public cultural facilities such as libraries, museums, art galleries, science and technology museums, memorial halls, and stadiums, as well as parks, exhibition halls, places of interest, and historic sites.
The third is to strengthen the construction of informatization. Strengthen the construction of a comprehensive information platform for preferential care recipients, strengthen departmental coordination and information sharing, and achieve accurate identification of preferential care recipients.
Policy Highlights:
It is necessary to continue to strictly implement the annual confirmation system for preferential care recipients, pay attention to the application of data, provide strong support for policy formulation and implementation, further strengthen the construction of informatization, and improve the level of refinement of preferential care work.
Fourth, expand the content of preferential treatment. Referring to the "Opinions on Strengthening the Preferential Treatment of Military Personnel, Military Dependents, Retired Servicemen, and Other Preferential Care Recipients" and other policies and regulations, expand and improve the preferential treatment content such as medical care, transportation, sightseeing, education, housing, and centralized support, and clarify the settlement policy for family members who meet the requirements for joining the military and cannot join the army.
Policy Highlights:
1. Article 39 stipulates that where the children of martyrs meet the requirements for recruitment and employment of civil servants or full-time community workers, they are to be given priority in hiring or hiring under the same conditions. For the first time, preferential employment for the emerging profession of "community full-time worker" has been added.
2. Article 46 stipulates in detail the procedures for the placement of military spouses who work in organs or public institutions before joining the army.
3. Clarify provisions on preferential treatment in the education and training of retired soldiers.
Fifth, we will improve the special preferential treatment for veterans who participated in the war, and increase the funeral subsidies issued to veterans who participate in the war after their death, who enjoy the regular living allowance of the state; Eligible veterans who participated in the war apply for admission to the Glory Hospital and the Preferential Care Hospital, and enjoy preferential treatment and other provisions.
Policy Highlights:
Article 62 stipulates for the first time that after the death of veterans who participated in the war (including veterans and demobilized servicemen in their hometowns and the "three reds") who are entitled to regular living allowances from the state, they shall continue to be paid six months of regular living allowances as funeral subsidies.
Optimize the preferential treatment procedures for bereavement benefits
The first is to clarify the procedures for the payment of one-time pensions. After a serviceman has been assessed as a martyr, confirmed to have died in the line of duty, or died of illness, the relevant units of the military shall send a notice to the department in charge of the work of retired servicemen at the county level where his surviving family members are registered, and the unit that receives the notice shall issue a bereavement pension in accordance with regulations.
Policy Highlights:
Article 14 stipulates that if the surviving family members are all military personnel and have no household registration, the location of the military unit shall be the place of household registration of the surviving family members. If there are more than one eligible survivors, the place of issuance shall be determined in accordance with the order specified in the "Reply of the Ministry of Veterans Affairs on Determining the Organ for the Issuance of One-time Pensions after the Death of Active Duty Servicemen" (Ministry of Veterans Letter [2020] No. 2). In order: the domicile of parents (dependents), spouses, and children; where there are multiple children, it is to be determined in the order of eldest and youngest; Where there are no parents (guardians), spouses, or children, it is the place of household registration of the siblings, and where there are multiple siblings, it is determined in the order of eldest and youngest.
The second is to refine the conditions for supplementary evaluation. Where the original file records and original medical records can prove that the disability and the nature of the disability during the period of active service meet the requirements for assessing the level of disability, the assessment of the level of disability may be supplemented; Disability caused by occupational diseases and disability caused by residual shrapnel in the body shall be provided for separately.
Policy Highlights:
Article 29 has made major adjustments to the conditions for supplementary assessment of disability. Supplementary disability assessment requirements: "If the original file records and original medical records can prove that the disability and the nature of the disability during the period of active service meet the requirements for assessing the disability level, the disability level may be assessed." However, there are exceptions, that is, "if a person is diagnosed or identified as an occupational disease or is disabled due to residual shrapnel in his body, and meets the conditions for the assessment of the disability level, he may reapply for the assessment of the disability level".
The third is to stipulate that regular pensions and disability pensions shall be issued from the month in which they are verified or approved, and the procedures for approving or canceling bereavement benefits shall be standardized.
Policy Highlights:
Article 59 only expressly suspends the payment of pensions and subsidies. As for the payment of preferential benefits for the families of conscripts, the payment is conditional on whether the conscripts are still in service, and if they are removed from the list or expelled from the military, they will be discontinued; If they are still in service, they will continue to be issued, and the relevant documents have clearly stipulated. The newly added provisions are to suspend or cancel the relevant benefits of bereavement benefits in accordance with the relevant provisions of the State in accordance with the relevant provisions of the State, and report to the competent department for veterans' work under the State Council for the record.
Related Reading:
The full text of the newly revised Regulations on Preferential Treatment of Military Pensions
Source: CCTV Military