Decree of the People’s Government of Jiangsu Province
No. 43
The Measures of Jiangsu Province for the Implementation of Regulations on Pensions and Preferential Treatment for Servicemen, discussed and adopted at the second executive meeting of the Provincial People’s Government on February 29, 2008, is hereby promulgated and shall enter into effect as of May 1, 2008.
Governor: Luo Zhijun
March 20, 2008
Measures of Jiangsu Province for the Implementation of Regulations on Pensions and Preferential Treatment for Servicemen
Chapter I General Provisions
Article 1 The Measures are enacted pursuant to the Regulations on Pensions and Preferential Treatment for Servicemen (thereinafter referred to as Regulations) and other relevant laws and regulations, in light of the specific situations of Jiangsu Province, and for the purposes of improving and perfecting the system of pensions and preferential treatment for servicemen, inspiring servicemen’s devotion to defending the motherland and building the motherland, and strengthening national defense and army building.
Article 2 The active servicemen of Chinese People’s Liberation Army (hereinafter referred to as active servicemen), the disabled servicemen who serve in the army or have been discharged from active service, the demobilized servicemen, the discharged servicemen, the bereaved family of martyrs, and the bereaved family of those servicemen who sacrificed due to service or died of diseases, the family members of active servicemen, shall be the recipients of pensions and preferential treatment as prescribed in the Regulations and the present Measures, and may enjoy pensions and preferential treatment in accordance with the Regulations and the present Measures.
Article 3 The principle of combining the State and the general public is applied in implementing the policy of pensions and preferential treatment to servicemen. It shall be guaranteed that the pensions and preferential treatment for servicemen are in match with national economic and social development, and the level of life of those enjoying pensions and preferential treatment is no lower than the local average living standard.
The general public shall show solicitude for and respect to those enjoying pensions and preferential treatment, and carry out various forms of activities to support the army and give favorable treatment to their family members.
The provincial government encourages social organizations and individuals to provide donations to the undertaking of pensions and preferential treatment for servicemen.
Article 4 The local people’s governments above the county level shall establish the natural increase mechanism for servicemen’s standards of pensions and preferential treatment. The expenses needed in granting pensions and preferential treatment for servicemen, apart from those appropriated by the Ministry of Finance, shall be borne by the people’s government of the Province, the people’s governments of the districted cities and those at various levels of counties (cities, districts). The expenses appropriated from the Ministry of Finance or the local governments in granting pensions and preferential treatment for servicemen shall be used for such purpose only, and be subject to supervision by the departments of finance and the auditing departments.
Article 5 The competent departments of civil affairs of a local people’s government at the county level or above shall be in charge of the work of pensions and preferential treatment for servicemen within its own jurisdiction.
The departments of finance, construction, labor and social security, health and education, and other departments of the local people’s governments at the county level or above shall undertake the work concerning pensions and preferential treatment for servicemen in accordance with their respective responsibilities.
The state organs, social organizations, enterprises and public institutions within the jurisdiction of this Province shall take on their respective responsibilities and fulfill their obligations concerning pensions and preferential treatment for servicemen according to law.
Chapter II Death Pensions
Article 6 Where an active serviceman who has died is approved as a martyr or is ascertained to have sacrificed due to service or died of disease, his bereaved family may apply, at the departments of civil affairs of the people’s governments at the county level where the martyr’s registered residence is located, to exchange the “Letter of Notice Concerning the Servicemen as a Martyr”, “Letter of Notice Concerning the Serviceman Who Has Sacrificed due to Service”, or “Letter of Notice Concerning the Serviceman Who Has Died of Disease”, issued by the approving and ascertaining departments, with “Certificate for Martyrs of the People’s Republic of China ”, “Certificate for Servicemen of the People’s Republic of China Who Have Sacrificed due to Service”, or “Certificate for Servicemen Who Have Died of Diseases”, and then register to enjoy pensions in accordance with the Regulations and the Measures.
Article 7 The bereaved family of martyrs, servicemen who have sacrificed in action or servicemen who have died of diseases are entitled to a lump-sum pension, distributed by the department of civil affairs of the people’s government at the county level where the certificate holder’s registered residence is located in accordance with the following provisions:
1) Of the bereaved family, the servicemen’s parents (fosterers), spouse, or children have the priority to enjoy the pensions; if the servicemen’ parents (foster parents), spouse, or children are not available, the pensions are granted to their brothers and/or sisters under the age of 18, and their brothers and/or sisters at or above the age of 18 who have no financial resources and were supported by the servicemen before their death;
2) If 2 or more bereaved family members have the right to enjoy the pensions, the pensions will be divided by them through negotiation; if no agreement can be reached, the pensions will be granted on average according to the number of the bereaved family.
Article 8 The provincial people’s government grants to the bereaved family of the martyr the lump-sum pensions, which is equal to 40 times the average monthly salary of the on-the job workers throughout the whole province in the last fiscal year of the martyr’s death. The lump sum pensions will be included in the provincial budget and appropriated in accordance with the real distribution.
The lump sum solatia are granted to the bereaved family of the martyrs with reference to the provisions on the granting of the lump sum pensions.
Article 9 Regular pensions are granted to the bereaved family of the martyrs, the servicemen who have sacrificed due to service, or the servicemen who have died of diseases who meet the requirements as prescribed in the Regulations. Where the widow(er)s receiving regular pensions remarry, those who have fulfilled their obligations to support the servicemen’s parents (fosterers) and children, or will continue to fulfill their obligations but have some difficulties with their life, can continue to receive regular pensions.
Article 10 The rate of regular pensions for the bereaved family of the martyrs, the servicemen who have sacrificed due to service or the servicemen who have died of diseases should be determined in accordance with the rate as prescribed by the Province, with reference to the average income of the on-the-job workers in the place where their registered residence is located in the previous year, and shall be on natural increase. For those who rely on the regular pensions for a living but still have some difficulties with their life, the local people’s governments at or above the county level can provide financial aid with other measures.
If the parents (fosterers) and spouses of the martyrs, the servicemen who have sacrificed due to service or the servicemen who have died of diseases haven’t enjoyed the regular pensions, and their income is lower than the rate of regular pensions for the local recipients of the similar kind, they can apply for financial aid at the department of the civil affairs in the place where their registered residence is located. The balance, after being ascertained, shall be granted in accordance with the rate of regular pensions for the local recipients of the similar kind.
Chapter III Disability Pensions
Article 11 The disabled servicemen who have been discharged from active service may get registered for receiving pensions at the department of civil affairs of the local people’s government at the county level, with the Certificate of People’s Republic of China’s Disabled Servicemen and the certificate of discharge from active service, and enjoy the disability pensions in accordance with the Regulations and the present Measures.
Article 12 The rate of disability pension for the disabled servicemen who are unemployed or have no fixed source of income shall be determined in accordance with the provisions of the Province, with reference to the average salary of the on-the-job workers in the place where their registered residence is located in the previous fiscal year, and shall be on natural increase. The expenses needed shall be borne jointly by the central finance and the local finance at various levels.
The disability pensions for the disabled servicemen who work in the state organs, social organizations, enterprises and public institutions or who receive retirement pensions shall be granted in accordance with the rate as prescribed by the Department of Civil Affairs and the Department of Finance. Where the amount of the disabled servicemen’s salary or retirement pension plus their disability pension is lower than the pension rate for the disabled servicemen at the same rank mentioned in the previous paragraph, they can apply for financial aid at the local department of civil affairs in the place where their registered residence is located. The balance shall, after being ascertained, be granted.
Article 13 Where the servicemen who had been disabled due to military mission or service and discharged from active service, die of injury relapse, confirmed by the medical institution above the county level in the place where their registered residence is located, the department of civil affairs of the people’s government at the county level in the place where their registered residence is located, shall grant a lump sum pension, in accordance with the pension rate for the servicemen who have sacrificed due to service, to their bereaved family, who are entitled to enjoy the pension treatment granted to the bereaved family of the servicemen who have sacrificed due to service.
For the servicemen who had been disabled due to military mission or service and discharged from active service, die of injury relapse, the lump sum pension shall be granted at a rate of 40 times the monthly disability pension. Where the disability pension is less than the salary of the second lieutenant of platoon level officers in the army, the pension is granted at a rate of the sum of the position-related salary (the second grade) of the second lieutenant of platoon level officers and their rank-related salary.
Article 14 Where the disabled servicemen who have been discharged from active service need to be armed with auxiliary devices such as artificial limbs, or hand-operated tricycles, the Department of Civil Affairs of the provincial people’s government shall be responsible for the needs, and the expenses needed are appropriated from the provincial government finance.
Chapter IV Preferential Treatment
Article 15 In active service of a conscript, the local people’s governments shall grant preferential benefits or other preferential treatment to his or her family, and the expenses needed are to be collected by the local people’s governments. The rate for preferential benefits should not be less than 30% of the disposable income of the residents in cities and towns in the previous year; where the conscript performs his or her military service in the Tibet Autonomous Region, the rate for preferential benefits should be raised. The people’s governments of cities divided into districts, or the people’s governments at the county (city or district) level shall, in light of the specific situations, determine specific rate for preferential benefits.
Article 16 Where the land allocated to a conscript or non-commissioned officer junior prior to his or her service in the army by the rural collective economic organizations is expropriated, the same rate of compensations should be granted to him or her as the other peasants whose land is expropriated; where the house owned by the serviceman prior to his or her service in the army in the place where his or her registered residence is located is expropriated, the same rate of compensations should be granted to him or her as the other people in the place where his or her original registered residence is located whose land is expropriated.
Article 17 The key recipients of pensions and preferential treatment include: the disabled servicemen who receive regular pensions or subsidies and have no fixed source of income, the demobilized servicemen, the discharged servicemen who returned home with illness, the discharged servicemen who joined in military operations and the bereaved family of martyrs, the bereaved family of the servicemen who sacrificed due to service, the bereaved family of the servicemen who died of diseases. The key recipients of pensions and preferential treatment are issued with the Certificate for Recipients of Pensions and Preferential Treatment in Jiangsu Province by the local people’s governments at the county level in the place where their registered residence is located.
Article 18 The following measures are taken to help the key recipients of pensions and preferential treatment with the medical care problems:
1. Clinics and wards especially of preferential treatment are set up, and medial service centers such as hospitals and honorary homes of similar kind are established to provide prior, quality and preferential services for them.
2. Where those have participated in the new-type rural cooperative medical care program and the basic medical care insurance program for the residents in cities and towns, the relevant fees payable by individuals shall be paid by the local people’s governments.
3.The key recipients of pensions and preferential treatment who have participated in the new-type rural cooperative medical care program and the basic medical care insurance program for the residents in cities and towns are encouraged to take part in the medical care insurance of hospitalization, and shall be given subsidies for hospitalization insurance.
4 The funds are set up for key recipients with serious illnesses who enjoy pensions and preferential treatment.
Article 19 Among the key recipients of pensions and preferential treatment, the Red Army veterans and the missing Red Army servicemen who have been discharged from active service can receive the full subsidies for the basic medical care expenses; the basic medical care expenses paid by the widow(er)s themselves should be no more than 10% of the total expenses; the basic medical care expenses paid by the bereaved family of martyrs and the servicemen who have died due to service themselves should be no more than 30% of the total expenses; the basic medical care expenses paid by the bereaved family of the servicemen who have died of diseases themselves should be no more than 40% of the total expenses; the medical care expenses paid by the demobilized servicemen who joined the army before October 31,1954 and enjoy a fixed amount of subsidies regularly, and the disabled servicemen with the disability grade between 7-10 themselves should be no more than 50% of the total expenses; the medical care expenses paid by the disabled servicemen with the disability grade between 7-10 who joined the army after November 1, 1954, the discharged servicemen who returned home with illness and the discharged servicemen who joined in military operations themselves should be no more than 60% of the total expenses. The people’s governments of cities divided into districts and the people’s governments at the county (city, district) level shall, in light of the specific situations, formulate specific measures.
The provincial Department of Finance shall grant financial aid of an appropriate amount to the areas where there are relatively more key recipients of pensions and preferential treatment in order to solve the problems concerning the medical care expenses of key recipients of pensions and preferential treatment.
Article 20 The key recipients of pensions and preferential treatment shall, under the same circumstances, have the priority to receive social aid and relief; in the areas affected by natural disasters, priority shall be given to solving the problems of housing and living of the recipients of pensions and preferential treatment.
Among the key recipients of pensions and preferential treatment, the widowed senior citizens and the orphans can receive additional 20% of the regular pensions or subsidies.
Where the key recipients of pensions and preferential treatment are entitled to two or more types of pensions and preferential treatment, the highest rate should be applied in granting them regular pensions or subsidies.
Article 21 Where the key recipients of pensions and preferential treatment rely on regular pensions or subsidies for a living, they can, by virtue of the Certificate for Key Objects Enjoying Pensions and Preferential Treatment in Jiangsu Province, enjoy the local preferential policies of various kinds in reference thereto. When the key recipients of pensions and preferential treatment enjoy the minimum life support given to the residents in cities and towns, the pensions, subsidies, preferential benefits and the bonus for winning honors shall be excluded from the family income.
Article 22 The disabled servicemen who work in the state organs, social organizations and enterprises and public institutions enjoy the same salary and social security and welfare benefits as the other staff with work injury. Units of any kind shall not dismiss or terminate labor contract on the account of their disability.
Where the disabled servicemen are unemployed as a result of the enterprises being disbanded, revoked according to law or declaring bankruptcy, the competent departments in charge of the enterprises and the local people’s governments at the county level in the place where their registered residence is located shall be responsible for providing them with the basic living expenses and medical care services.
Article 23 The local people’s governments at or above the county level should stick to the principle of combining administrative allocation with market regulation and do the work well in helping the family members who are residing or transferred with the servicemen find their jobs and settle down. Where the family members who are residing or transferred with the servicemen do not get employed within the period as prescribed by the People’s Government of this Province, the local people’s governments in the place of settlement should offer subsidies in accordance with the minimum life support given to the local residents living in cities and towns to guarantee the basic living expenses. Where the family members who are residing or transferred with the servicemen find jobs by themselves, they shall enjoy preferential treatment in accordance with the national, provincial and local provisions, and the local people’s governments shall grant them a lump sum allowance of resettlement in accordance with a certain standard.
Article 24 Where the bereaved family of martyrs who are residing or transferred with the servicemen, the bereaved family of the servicemen who have sacrificed due to service, and the bereaved family of the servicemen who have died of diseases are handed over to the local people’s governments for resettlement, the balance shall be granted to them if the previous living allowances they enjoyed by the original standards in the army are less than the local pension rate. Other preferential treatment shall be provided in accordance with the provisions on pensions and preferential treatment as prescribed by the local people’s governments.
Article 25 The widowed senior servicemen who never work in the state organs, social organizations, enterprises or public institutions on the arrangement of the government or their own application, and the demobilized old and weak servicemen who lack the ability to work and have financial problem with their life can receive regularly from the departments of civil affairs in the local people’s governments at the county level in the place where their registered residence is located a fixed amount of financial aid, the rate of which shall be determined in accordance with the base and the proportion as prescribed by the provincial provisions, and shall be on natural increase. Where the demobilized servicemen holding the Certificate for the Demobilized Servicemen, earn a fixed amount of income less than the regular and fixed amount of living expenses given to the other discharged servicemen who joined the army in the same period of time, they can apply at the local departments of civil affairs in the place where their registered residence is located for subsidies. The balance, after being ascertained, shall be granted.
Where the discharged servicemen who joined in military operations live in the rural areas or live in cities and towns but without work, or where the discharged servicemen who returned home with illnesses virtually lack the ability to work and have difficulty in making a living, a fixed amount of subsidies can be granted to them on a regular basis.
Where the demobilized servicemen who receive a fixed amount of subsidies on a regular basis, the discharged servicemen who returned home with illness, and the discharged servicemen who joined in military operations die of illness, the funeral grant shall be granted to them equal to 6 times the fixed amount of monthly subsidies.
Article 26 Where the demobilized servicemen who receive a fixed amount of living allowances on a regular basis or the disabled servicemen who joined the army before October 31, 1954 die and their spouses do not have a fixed amount of income, the departments of civil affairs of the people’s governments at the county level in the place where their registered residence is located shall grant them living allowances in accordance with the local standard of the minimum life support given to the residents in cities and towns.
Article 27 The governments shall set up hospitals of preferential treatment and homes of honor (including room of honor in homes for the elderly) to provide medical care services or collective living services for the widowed senior recipients of pensions and preferential treatment and the recipients with difficulty taking care of themselves. The recipients of pensions and preferential treatment in homes for the elderly shall have better living conditions than other residents thereof.
Social welfare organizations of various kinds shall take priority in accepting the recipients of pensions and preferential treatment.
Article 28 The active servicemen who have won the third-class merit shall be awarded in a lump sum with no less than 20% of the preferential benefits given to the family of conscripts, those who have won the second-class merit shall be awarded in a lump sum with no less than 40% of the preferential benefits, and those who have won the first-class or above shall be awarded in a lump sum with no less than 50% of the preferential benefits. Where the demobilized servicemen who receive a fixed amount of living allowances on a regular basis have won a merit for joining in military operations during the wars, awards shall be granted in accordance with the standard as prescribed by the provincial provisions.
The parents (fosterers) and spouses of martyrs who haven’t enjoyed pensions on a regular basis can be granted with other material benefits. The specific measures shall be laid down by the people’s governments of cities divided into districts or the people’s governments at the county (city, district) level.
The above-mentioned expenses shall be included in the local financial budgets, and be granted by the departments of civil affairs of the people’s governments at the county level.
Article 29 The key recipients of pensions and preferential treatment and their children can enjoy preferential education in accordance with the national and provincial provisions. Specific measures on preferential treatment can be laid down in light of the specific situations by the people’s governments in the place where there are relatively many recipients of pensions and preferential treatment or there is a relative concentration of troops stationed.
Chapter 5 Supplementary Provisions
Article 30 Where the recipients of pensions and preferential treatment are sentenced to a set term of imprisonment, deprived of their political rights, or on a wanted list, the local people’s governments at or above the county level shall terminate the granting of pensions and preferential treatment to them; Where their imprisonment ends and the recipients have regained their political rights, they can resume, on application, their pensions and preferential treatment after being approved by the departments of civil affairs of the local people’s governments at or above the county level. Where the recipients are sentenced to death or a life imprisonment, the department of civil affairs of the provincial people’s government shall deprive them of the rights to enjoy pensions and preferential treatment.
Article 31 Where the registered residence of the recipients of pensions and preferential treatment changes, formalities shall be gone through to indicate the change of pensions and preferential treatment. Their regular pensions or subsidies in the year when change occurs shall be granted by the departments of civil affairs of the people’s governments at the county level in the place where the recipients’ registered residence is cancelled, and their regular pensions or subsidies in the next year shall be granted by the departments of civil affairs of the people’s governments at the county level in the place where the recipients’ residence is reregistered.
Article 32 The Measures also apply to the Chinese People’s Armed Police Force.
Veteran cadres and retired cadres from the army enjoy pensions and preferential treatment according to the provisions on pensions and preferential treatment of the active servicemen in the Measures.
The militia and migrant workers who die or get injured as a result of joining in military operations, and the reserve personnel, militia, migrant workers and other personnel who die or get injured in military exercises, military training or in joining in military support service enjoy pensions and preferential treatment with reference to the relevant provisions as prescribed in the Measures.
Article 33 The Measures shall enter into effect as of May 1, 2008. The Measures of Jiangsu Province for the Implementation of Regulations on Pensions and Preferential Treatment for Servicemen, promulgated on July 23, 1991 by the People’s Government of Jiangsu Province shall be repealed at the same time.
