（英文版）山西省军人抚恤优待实施办法

08.10.2015 17:05

本文来源: 法制办

Decree of thePeople’s Government of Shanxi Province

No. 240

“Measures of Shanxi Province for the Implementation of Pensions and Preferential Treatment for Service Members (amended),” adopted at the 70th Executive Meeting of the Shanxi People’s Government on January 20, 2015, are hereby promulgated and shall be effective as of March 1, 2015.

Governor: Li Xiaopeng

January 26, 2015

Measures of Shanxi Province for the Implementation of Pensions and Preferential Treatment for Service Members

Chapter Ⅰ General Provisions

第一条为发展军人抚恤优待事业，维护抚恤优待对象的合法权益，激励军人保卫祖国、建设祖国的献身精神，根据《军人抚恤优待条例》（以下简称《条例》）等法律法规，结合本省实际，制定本办法。

Article 1 These Measures are formulated for the purpose of promoting the cause of pensions and preferential treatment for service members, safeguarding the legitimate rights and interests of pensions and preferential treatment beneficiaries, and inspiring service members to sacrifice themselves for the defense and construction of the motherland, in accordance with laws and regulations such as “Regulations on Pensions and Preferential Treatment for Service Members” (hereinafter referred to as “Regulations”), in light of the reality of this Province.

第二条中国人民解放军、中国人民武装警察部队现役军人（以下简称现役军人）在本省行政区域内，按照《条例》和本办法的规定享受优待。

户籍在本省行政区域内退出现役的残疾军人、复员军人、退伍军人和烈士遗属、因公牺牲军人遗属、病故军人遗属、现役军人家属，按照《条例》和本办法的规定享受抚恤优待。

Article 2 Service members on active duty of the Chinese People’s Liberation Army and the Chinese People’s Armed Police Force (hereinafter referred to as service members on active duty) within the administrative area of this Province are entitled to the preferential treatment as provided for in Regulations and these Measures.

Discharged service members with disabilities, demobilized service members, discharged service members, surviving family members of martyrs, surviving family members of the service members who were killed on duty, surviving family members of the service members who died of disease and family members of service members on active duty, all of whose residences are registered within the administrative area of this Province, are entitled to the pensions and preferential treatment as provided for in Regulations and these Measures.

第三条县级以上人民政府应当重视和加强军人抚恤优待工作，保障抚恤优待对象的生活不低于当地的平均生活水平。

全社会应当关怀、尊重、帮助抚恤优待对象。

鼓励社会组织和个人对军人抚恤优待事业提供捐助。鼓励志愿服务组织对抚恤优待对象提供志愿服务。

Article 3 People’s governments at or above the county level shall emphasize the importance of and step up their efforts in pensions and preferential treatment for service members so as to ensure that the living standards of pensions and preferential treatment beneficiaries are higher than local average standards.

The whole society should offer care, respect and help to pensions and preferential treatment beneficiaries.

Social organizations and individuals are encouraged to donate to the cause of pensions and preferential treatment; volunteer service organizations are encouraged to provide services to pensions and preferential treatment beneficiaries.

第四条军人抚恤优待所需经费除中央财政负担的以外，由县级以上人民政府列入本级财政预算分级负担。烈士褒扬金由中央财政拨付，一次性抚恤金、分散安置的一级至四级退出现役的残疾军人（以下简称退役残疾军人）护理费、义务兵家庭优待金由县级财政承担，其他抚恤优待所需经费由中央财政和地方财政共同承担。财政特别困难的县由省、设区的市人民政府给予补助。

军人抚恤优待经费应当专款专用，并接受财政、审计部门的监督。

Article 4 The expenses needed for pensions and preferential treatment for service members, except for those financed by the Central Government, shall be listed into the financial budgets of and borne separately by the people’s governments at or above the county level. Death gratuities for martyrs shall be disbursed by the Central Government; lump sum pensions, nursing care allowances for discharged service members with disabilities (hereinafter referred to as service members with disabilities) ranging from degree 1 to 4 who were under the dispersed resettlement arrangement, and benefits for the families of compulsory service members shall be financed by county governments; and other expenses needed for pensions and preferential treatment shall be jointly financed by the Central Government and local governments. Counties in serious financial difficulties shall be subsidized by the provincial or districted city people’s governments.

Expenses for pensions and preferential treatment for service members shall be used for such purpose only, and be subject to the oversight from financial and auditing agencies.

第五条县级以上人民政府民政部门主管本行政区域内的军人抚恤优待工作。

县级以上人民政府发展改革、财政、人力资源社会保障、卫生计生、教育、住房城乡建设、交通运输、税务、旅游、文物等行政部门应当按照各自职责，做好军人抚恤优待工作。

本省行政区域内的社会团体、企业事业单位应当按照国家和本省的规定，履行各自的军人抚恤优待职责和义务。

Article 5 Civil affairs agencies at or above the county level are the authorities in charge of efforts in pensions and preferential treatment for service members within their administrative areas.

Development and reform, finance, human resources and social insurance, public health and family planning, education, housing and urban-rural development, transportation, tax, tourism, cultural heritage administrative agencies, etc. shall, within their purview, intensify their respective efforts in pensions and preferential treatment for service members.

Social organizations, enterprises and public institutions within the administrative area of this Province shall, in accordance with the regulations of the State and this Province, perform their respective functions, duties and obligations in relation to pensions and preferential treatment for service members.

第六条县级以上人民政府对有以下情形之一的单位和个人予以表彰奖励：

（一）履行军人抚恤优待职责和义务成绩显著的；

（二）帮助、捐助抚恤优待对象事迹突出的；

（三）开展各种拥军优属活动事迹突出的。

Article 6 People’s governments at or above the county level shall give awards and honors to those units or individuals under any of the following circumstances:

1. making remarkable achievements in performing their functions, duties and obligations in relation to pensions and preferential treatment for service members;

2. playing a prominent part in helping or donating to pensions and preferential treatment beneficiaries; or

3. playing a prominent part in various activities of supporting the Army and giving preferential treatment to families of service members and martyrs.

第二章死亡抚恤

Chapter Ⅱ Death Pensions

第七条现役军人死亡被批准为烈士、被确认为因公牺牲或者病故的，由其遗属户籍所在地县级人民政府民政部门发给《中华人民共和国烈士证明书》、《中华人民共和国军人因公牺牲证明书》、《中华人民共和国军人病故证明书》（以下统称《证明书》）。

Article 7 A deceased service member on active duty who has been approved as martyr or confirmed as killed on duty or died of disease shall be issued a “Martyr Certificate of the People's Republic of China,” a “Certificate of Service Members Killed on Duty of the People's Republic of China,” or a “Certificate of Service Members Who Died of Disease of the People's Republic of China” (hereinafter together referred to as “Certificate”) by a civil affairs agency under the people’s government at the county level where the residence of the service member’s surviving family members is registered.

第八条现役军人死亡被批准为烈士、被确认为因公牺牲或者病故的，《证明书》持有人由其父母或者抚养人、配偶、子女、兄弟姐妹协商确定，协商结果以书面形式告知发证机关；协商不成的，按照下列顺序确定：

（一）父母或者抚养人。

（二）配偶。

（三）子女。有多个子女的，发给长子女。

（四）兄弟姐妹。有多个兄弟姐妹的，发给其中的长者。

无前款规定遗属的，不发给《证明书》。

Article 8 When a deceased service member on active duty has been approved as martyr or confirmed as killed on duty or died of disease, the holder of Certificate shall be determined by the service member’s parents or fosterers, spouse, children, or brothers and sisters through consultation, whose results will be reported, in writing, to the issuing authority; if consultation fails, the holder of Certificate shall be determined in the following order:

1. parents or fosterers;

2. spouse;

3. child or the eldest in case of several children; and

4. brother or sister or the eldest in case of brothers and sisters.

If there is no surviving family member as prescribed in the preceding paragraph, no Certificate shall be issued.

第九条现役军人死亡被批准为烈士，依照《烈士褒扬条例》的规定，由《证明书》持有人户籍所在地县级人民政府民政部门发给其遗属烈士褒扬金。

现役军人死亡被批准为烈士、被确认为因公牺牲或者病故的，由《证明书》持有人户籍所在地县级人民政府民政部门发给其遗属一次性抚恤金。

Article 9 When a deceased service member on active duty has been approved as martyr, the civil affairs agency under the people’s government at the county level where the residence of the holder of Certificate is registered shall, in accordance with the “Regulations on Death Gratuities for Martyrs” give a death gratuity for martyr to the service member’s surviving family members.

If a deceased service member on active duty has been approved as martyr, or confirmed as killed on duty or died of disease, the civil affairs agency under the people’s government at the county level where the residence of the holder of Certificate is registered shall give a lump sum pension to the service member’s surviving family members.

第十条烈士遗属、因公牺牲军人遗属、病故军人遗属，按照《条例》第十六条规定的条件享受定期抚恤。

定期抚恤金的发放，自死亡军人被批准为烈士、确认为因公牺牲和病故的当月起计算。

Article 10 Surviving family members of martyrs, surviving family members of service members killed on duty or surviving family members who died of disease shall, in accordance with the conditions as stipulated in Article 16 of Regulations, be entitled to regular pensions.

The payment of a regular pension is calculated from the month when a deceased service member was approved as martyr or confirmed as killed on duty or died of disease.

第十一条享受定期抚恤金的死亡军人遗属死亡后，按照原标准一次性增发半年的定期抚恤金，作为丧葬补助费，《定期抚恤金领取证》由县级人民政府民政部门予以注销，原享受的定期抚恤金自其死亡次月起停发。

Article 11 When a surviving family member of a deceased service member entitled to a regular pension died, a one-off increase of 6 months’ regular pensions as per the original standards shall be paid as funeral allowances; the “Certificate of Entitlement to Regular Pension” shall be cancelled by the civil affairs agency under the people’s governments at the county level; and the regular pensions formerly enjoyed shall be stopped from the month when the surviving family member died.

第十二条烈士褒扬金、一次性抚恤金和丧葬补助费按照下列方式发放：

（一）有父母或者抚养人、配偶、子女的，按照协商的分配数额发放；协商不成的，按照人数等额发放；

（二）无父母或者抚养人、配偶、子女的，发给由该军人生前供养的未满18周岁和已满18周岁但无生活来源的兄弟姐妹。兄弟姐妹为两人以上的，按照协商的分配数额发放；协商不成的，按照人数等额发放。

无前款规定遗属的，不发给烈士褒扬金、一次性抚恤金和丧葬补助费。

一次性抚恤金标准及计发办法依照《条例》第十三条和中国人民解放军总后勤部、民政部有关规定执行。

Article 12 Death gratuities for martyrs, lump sum pensions and funeral allowances shall be paid according to the following ways:

1. to the surviving parents or fosterers, spouse and children of the deceased service member according to the agreed sums through consultation or, if consultation fails, to each family member in equal share; or

2. to brothers and sisters under the age of 18 who had received support from the decease service member or brothers and sisters above the age of 18 who have no source of income, if the deceased service member has no parents or fosterers, spouse and children. If the deceased service member has more than two brothers and sisters, to each according to the agreed sums through consultation; if consultation fails, to each in equal share.

If the deceased service member has no surviving family member as prescribed in the preceding paragraph, no martyr death gratuity, lump sum pension and funeral allowances shall be paid.

The standards of lump sum pensions or methods of calculation shall be implemented in accordance with the provisions of Article 13 of the Regulations and applicable regulations of the General Logistics Department of the People’s Liberation Army and the Ministry of Civil Affairs.

第十三条符合定期抚恤条件的死亡军人遗属，由其户籍所在地县级人民政府民政部门发给《定期抚恤金领取证》，做为领取定期抚恤金的依据。

享受定期抚恤的死亡军人遗属有二人以上且户籍不在一地的，其定期抚恤金由遗属各自户籍所在地县级人民政府民政部门按照当地标准分别发给。

享受定期抚恤的死亡军人子女及其兄弟姐妹，经国家统一招生考试进入全日制中等、高等学校就读的，由其入学前户籍所在地县级人民政府民政部门予以抚恤。

Article 13 A surviving family member of a deceased service member eligible for a regular pension shall be issued a “Certificate of Entitlement to Regular Pension,” which can be used as proof to receive a regular pension, by the civil affairs agency under the people’s government at the county level where his or her residence is registered.

If a deceased service member has two surviving family members eligible for regular pensions and whose residences are not registered in the same place, the pension of each one shall be paid separately by the civil affairs agency under the people’s governments at the county level where their residences are registered as per their respective local standards.

When children or brothers and sisters of a decease service member eligible for regular pensions are enrolled by a full-time secondary or a institution of higher learning through nationally unified entrance examinations, the civil affairs agencies under the people’s governments at the county level where their residences were registered before the enrollment shall pay regular pensions to them.

第十四条领取定期抚恤金的对象户口迁移时，迁出地的县级人民政府民政部门应当根据本人申请和公安机关出具的户口迁移证明为其办理定期抚恤金转移手续，并负责发放当年的定期抚恤金；迁入地的县级人民政府民政部门应当根据落户证明、抚恤关系转移证明和抚恤档案等材料，按照本地规定的标准，从次年一月起发放定期抚恤金。

Article 14 When the residence of a regular pension beneficiary is relocated, the civil affairs agency under the people’s governments at the county level from which his or her residence is relocated away shall, according to the application of the beneficiary and the residence relocation certificate issued by a public security authority, go through regular pension transfer formalities for the beneficiary, and is responsible for paying regular pensions for the current year; the civil affairs agency under the people’s government at the county level into which his or her residence is relocated shall, according to the resettlement certificate, pension transfer certificate and pension documents, etc., pay regular pensions as per local standards, starting from January of the following year.

第三章残疾抚恤

Chapter Ⅲ Disability Pensions

第十五条现役军人在服役期间因战、因公、因病致残的，应当在退出现役的当年，持部队发给的《中华人民共和国残疾军人证》和评残档案，到户籍所在地县级人民政府民政部门办理残疾抚恤关系迁入手续。

退役残疾军人户籍迁移时，应当及时向迁出、迁入地的县级人民政府民政部门申请办理残疾抚恤关系转移手续。

Article 15 A service member on active duty who is disabled due to war, duty or disease while serving on active duty shall, in the year when the service member is discharged from active service, go to the civil affairs agency under the people’s government at the county level where the service member’s residence is registered for disability pension transfer formalities with a Certificate of Service Members with Disabilities of the People’s Republic of China issued by the Army and disability assessment documents.

When a discharged service member with disabilities relocate his or her residence, the discharged service member shall, on a timely basis, go to the civil affairs agency under the people’s governments at the county level from or into which his or her residence is relocated for disability pension transfer formalities.

第十六条现役军人在服役期间因战、因公致残，部队未及时认定残疾性质和评定残疾等级，在退出现役后，有下列情形之一，可以向户籍所在地县级人民政府民政部门申请认定残疾性质和评定残疾等级。

（一）个人正式档案中有其所在部队做出的涉及本人负伤原始情况、治疗情况及善后处理情况法定有效记载的；

（二）原所在部队军以上单位指定的军队医院出具有能够说明其致残原因的《病情诊断书》、《出院小结》或者正式病历、病情检查实验分析记录的。

Article 16 If a service member on active duty who is disabled due to war or duties while serving on active duty could not, on a timely basis, has his or her disabilities categorized or assessed in the Army, the service member may apply to the civil affairs agency under the people’s government at the county level where his or her residence is registered to have his or her disabilities categorized or assessed after being discharged from active duty under one of the following circumstances:

1. if there are official personal records containing valid information on original injury, treatment and prognosis duly recorded by the army units; or

2. if there is Disease Diagnosis Letter, Hospital Discharge Summary, or official case history, test and examination analysis reports explaining the reasons of injury issued by a military hospital designated by the unit at the army level.

第十七条退役残疾军人，残疾情况发生严重恶化，原定残疾等级与残疾情况明显不符的，本人（本人无行为能力时由其利害关系人）可以向残疾军人户籍所在地县级人民政府民政部门申请调整残疾等级。

Article 17 If conditions of a discharged service member with a disability have seriously deteriorated and there exists a wide disagreement between the originally assessed degree of disability and current disability status, the discharged service member with a disability may, by himself or herself or an interested person (if the service member is a person with no capacity), apply to the civil affairs agency under the people’s government at the county level where his or her residence is registered for a readjustment of his or her disability degree.

第十八条残疾抚恤金由退役残疾军人户籍所在地县级人民政府民政部门按照下列规定发放：

（一）残疾军人退出现役的，自办结残疾抚恤关系迁入手续的次年一月起发放；

（二）残疾军人户口迁移的，迁出地的县级人民政府民政部门负责发放当年的残疾抚恤金；迁入地的县级人民政府民政部门在迁移手续办结后，从次年一月起发给残疾抚恤金；

（三）申请评定和调整残疾等级的，自省人民政府民政部门批准次月起发放。

Article 18 The civil affairs agency under the people’s government at the county level where the residence of a discharged service member with a disability is registered shall pay a disability pension in accordance with the following provisions:

1. from January of the following year after a service member with a disability discharged from active duty completed his or her disability pension transfer formalities;

2. the civil affairs agency under the people’s governments at the county level from which the residence of a service member with a disability is relocated is responsible for paying disability pensions in the current year; the civil affairs agency under the people’s governments at the county level into which the residence of the service member with a disability is relocated shall pay disability pensions from January of the following year; and

3. the civil affairs agency under the provincial people’s government shall pay disability pensions in the following month after the approval of application for reassessing and readjusting his or her disability degree.

第十九条一级至四级退役残疾军人，由国家供养终身；接受安置时符合下列条件之一，经省人民政府民政部门批准，可以进入优抚医院集中供养：

（一）因残疾原因需要经常医疗处置的；

（二）日常生活需要护理，不便分散安置照顾的；

（三）独身一人不便分散安置的。

Article 19 Discharged service members with disabilities ranging from degree 1 to 4 shall be supported by the State for their entire lifetime; they may be admitted into welfare service hospitals under collective care arrangement, with the approval of the civil affairs agency under the provincial people’s government, if they meet any of the following conditions:

1. being in need of regular medical treatment due to disabilities;

2. being in need of nursing care in daily life and not suitable for care under the dispersed settlement arrangement; or

3. being single and not suitable for dispersed settlement arrangement.

第二十条分散安置的一级至四级残疾军人，由其户籍所在地县级人民政府民政部门发给护理费。集中供养的一级至四级退役残疾军人不发给护理费。

护理费标准由省人民政府民政、财政部门依照《条例》第三十条规定，以上年全省职工月平均工资为基数确定。

Article 20 Nursing care allowances for service members with disabilities ranging from degree 1 to 4 under dispersed settlement arrangement are paid by the civil affairs agencies under the people’s governments at the county level where their residences are registered. No nursing care allowances are paid to the service members with disabilities ranging from degree 1 to 4 who are under collective care arrangement.

The civil affairs and financing agencies under the provincial people’s government will determine the standards of nursing care allowances on the basis of the provincial average monthly pay for workers and staff in the preceding year in accordance with the provisions in Article 30 of the Regulations.

第二十一条因战、因公致残的退役残疾军人因旧伤复发死亡的，由发给其残疾抚恤金的县级人民政府民政部门按照因公牺牲军人的标准发给其遗属一次性抚恤金，其遗属自军人死亡次月起按照规定条件享受因公牺牲军人遗属抚恤待遇。

退役残疾军人因病死亡的，由发给其残疾抚恤金的县级人民政府民政部门按照本办法第十二条的发放办法，一次性增发一年的残疾抚恤金作为丧葬补助费；因战、因公致残的一级至四级退役残疾军人因病死亡的，其遗属自退役残疾军人死亡次月起按照规定条件享受病故军人遗属抚恤待遇。

退役残疾军人死亡后，自次月起停止其原享受的残疾抚恤待遇，其持有的《中华人民共和国残疾军人证》由县级人民政府民政部门予以注销。

Article 21 When a discharged service member with a disability due to war or duties die as a result of the recurrence of an old injury, the civil affairs agency under the people’s governments at the county level that pays disability pensions to him or her shall pay a lump sum pension to his or her surviving family members as per the standards for a service member killed on duty; the service member’s surviving members will be entitled to a pension designed for surviving family members of a service member killed on duty starting from the following month when the service member died.

When a discharged service member with a disability dies of disease, the civil affairs agency under the people’s governments at the county level that pays disability pensions to him or her shall, according to Article 12 of these Measures, pay a lump sum equaling one year’s pensions as funeral allowances; when discharged services members with disabilities due to war or duties ranging from degree 1 to 4 die of disease, their surviving family members shall be entitled to a pension designed for surviving family members of the service members who died of disease starting from the following month when the service member died.

Disability pensions and preferential treatment that a discharged service member with a disability originally enjoyed will be stopped starting from the following month when the service member died, and the civil affairs agency under the people’s governments at the county level will cancel his or her Certificate of Service Members with Disabilities of the People’s Republic of China.

第二十二条退役残疾军人丢失《中华人民共和国残疾军人证》的，应当向户籍所在地县级人民政府民政部门书面报告，并在当地主要报刊上声明作废，自声明作废之日起三个月后，由县级人民政府民政部门办理补发手续。

Article 22 If a discharged service member has lost his or her Certificate of Service Members with Disabilities of the People’s Republic of China, the discharged service member shall report in writing to the civil affairs agency under the people’s government at the county level where his or her residence is registered, and declare it invalid in local major newspapers and periodicals; after three months from the date of declaration of its invalidation, the civil affairs agency under the people’s governments at the county level will go through reissuance formalities.

第二十三条退役残疾军人需要配制假肢、代步三轮车、病理车、拐杖、病理鞋等助行器和腰椎保护架、围腰等肢体矫形器等辅助器械的，应当按照省人民政府民政部门的有关规定办理。

Article 23 Where discharged service members with disabilities need mobility service appliance such as prosthetic limbs, adaptive tricycles, orthopedic wheelchairs, crutches and orthopedic shoes, and assistive or orthopedic devices such as lumbar spine braces and back support belts, the relevant regulations of the civil affairs agency under the provincial people’s government shall prevail.

第四章优待

Chapter Ⅳ Preferential Treatment

第二十四条义务兵服现役期间，其入伍前户籍所在地县级人民政府，应当每年按标准发给其家庭优待金。

农村户籍义务兵家庭优待金，不低于当地上年度农村年人均纯收入的2倍；城镇户籍义务兵家庭优待金，不低于当地上年度城镇在岗职工平均工资。

义务兵家庭优待金按照法定服役期限发给；提前退役的，按照其实际服役年限发给。

在校大学生服义务兵役期间，由批准入伍地的县级人民政府按照当地城镇户籍义务兵家庭优待金标准给其家庭发放优待金。

义务兵家庭只有其一人的，优待金发给本人。

Article 24 The people’s government at the county level where the residence of a service member on active duty was registered before the enlistment shall, according to the standards, pay an annual benefit to the service member’s family while the service member is on active duty.

Family benefit for a compulsory service member whose residence is registered in a rural area should not be less than 2 times the local annual net income per villager in the previous year; family benefit for a compulsory service members whose residence is registered in an urban area should not be less than the local annual net income per worker in the previous year.

Family benefits for compulsory service members shall be paid according to statutory service durations, and if a service member is discharged earlier, his or her family benefit shall be paid according to the actual years the service member has served.

When a college student serves on active duty as a compulsory service member, the people’s government at the county level that approved the service member’s enlistment shall pay the same amount of benefit to the service member’s family as a compulsory service member whose residence is registered in an urban area.

If a compulsory service member’s family has only one person, benefit shall be paid to the service member himself or herself.

第二十五条获得荣誉称号或者立功的义务兵，其家庭当年的优待金在应当享受的标准基础上，由县级人民政府按照下列比例增发：

（一）获得中央军事委员会授予荣誉称号的，增发50%；

（二）获得军队军区级单位授予荣誉称号的，增发40%；

（三）立一等功的，增发30%；

（四）立二等功的，增发20%；

（五）立三等功的，增发10%。

Article 25 In addition to the benefits of the current year paid to the families of compulsory service members who have won honorary titles or citations for merits, the people’s governments at the county level shall increase family benefits according to the following rates:

1. by 50% for a service member who has won an honorary title bestowed by the Central Military Commission;

2. by 40% for a service member who has won an honorary title bestowed by an unit at the army level;

3. by 30% for a service member who has won a first-class citation for merit;

4. by 20% for a service member who has won a second-class citation for merit; and

5. by 10% for a service member who has won a third-class citation for merit.

第二十六条县级以上人民政府应当从资金、技术、信息等方面扶持抚恤优待对象发展生产，提高生活水平。

抚恤优待对象从事生产经营的，依法享受国家规定的税收优惠政策。

Article 26 People’s governments at the county level should give financial, technical and informational assistance to pension and preferential treatment beneficiaries in developing production and raising their standards of living.

Pension and preferential treatment beneficiaries engaging in production and business are entitled to tax preferential policies as stipulated by the State.

第二十七条退役士兵、残疾军人、烈士子女、因公牺牲军人子女、病故军人子女、一级至四级残疾军人子女、现役军人子女，依照国家和本省的有关规定享受教育优待。

公办中小学、幼儿园、托儿所在同等条件下，优先接收前款规定抚恤优待对象。公办学校对在校学习的烈士子女免收学费、杂费，对其中寄宿学生酌情给予生活补助。

现役军人因工作调动，子女需要转学的，教育部门应当给予办理，不得收取国家规定以外的费用。

Article 27 Discharged service members, service members with disabilities, children of martyrs, children of service members who were killed on duty, children of service members who died of disease, children of service members with disabilities ranging from degree 1 to 4, and children of service members on active duty are entitled to preferential treatment in education as provided for by the State and this Province.

Public middle and primary schools, kindergartens and nurseries should, if under the same conditions, give priority to the pensions and preferential treatment beneficiaries as prescribed in the preceding paragraph. Public schools shall exempt children of martyrs studying in their schools from paying tuitions and miscellaneous fees, and should, on a case by case basis, give living allowances to the boarding students among them.

When the children of service members on active duty who will be relocated due to work need to be transferred to other schools, education agencies should go ahead with the formalities and must not collect any fees other than those as provided for by the State.

第二十八条领取国家定期抚恤补助的抚恤优待对象享受以下住房优待：

（一）申请经济适用住房、公共租赁住房、住房租赁补贴或者农村危房改造的，同等条件下，应当优先安排；

（二）符合相应条件的，优先纳入灾后恢复重建、集中居住区建设等政策范围；

（三）办理房产、土地证件时，免交登记费、工本费；

（四）申请住房保障的，其依法享受的抚恤金、补助金、优待金和护理费等待遇，在准入审核中不计入家庭收入。

Article 28 Pensions and preferential treatment beneficiaries receiving regular pensions and allowances are entitled to the following preferential treatment in housing:

1. priority is given to those applying for affordable housing, public rental housing, rental subsidies or program of renovating dilapidated houses in rural areas if under the same conditions;

2. priority is given to those to be covered by policies on post-disaster recovery and reconstruction, or clustered residential zone, when relevant conditions are met;

3. exemption from registration fee and cost of printing for those applying for real estate certificates and land certificates; and

4. pensions, allowances, benefits and nursing care allowances as enjoyed according to law should not be calculated into family incomes for those applying for the approval of indemnificatory housing.

第二十九条享受定期抚恤补助的残疾军人、烈士遗属、因公牺牲军人遗属、病故军人遗属、复员军人、带病回乡退伍军人、参战退役人员，按照属地原则相应参加城镇职工基本医疗保险、城镇居民基本医疗保险和新型农村合作医疗，依照国家和本省的有关规定享受医疗保障。未参加上述基本医疗保险，或者个人医疗费用负担较重的，由其户籍所在地县级人民政府给予城乡医疗救助。

一级至六级残疾军人在参加城镇职工基本医疗保险的基础上享受医疗补助，其医疗费用由所在医疗保险统筹地区社会保险经办机构单独列账管理。

七级至十级残疾军人旧伤复发的医疗费用，已经参加工伤保险的，由工伤保险基金支付；未参加工伤保险的，由工作单位解决，工作单位无力解决或者没有工作单位的，由其户籍所在地县级人民政府民政部门从抚恤优待对象医疗补助资金中解决。旧伤复发以外的医疗费用，未参加医疗保险且本人支付有困难的，由其户籍所在地县级人民政府民政部门给予适当补助。

Article 29 Service members with disabilities, surviving family members of martyrs, surviving family members of service members who were killed on duty, surviving family members of service members who died of disease, demobilized service members, discharged service members who have returned to villages with diseases, and discharged personnel who have taken part in wars should, according to the principle of residence management, be enrolled into the Basic Medical Insurance for Urban Employees, Basic Medical Insurance for Urban Inhabitants, and Rural New Cooperative Medicare for Rural Inhabitants, and are entitled to medical security in accordance with relevant provisions as set forth by the State and this Province. Those who have not signed up for the above-mentioned basic medical insurance, or whose personal medical expenses are burdensome shall be given urban-rural medical assistance by the people’s governments at the county level where their residences are registered.

Service members with disabilities ranging from degree 1 to 6 are entitled to medical assistance on the basis of the Basic Medical Insurance for Urban Employees, and their medical expenses shall be listed into individually managed accounts by social insurance management institutions within a coordinated medical insurance region.

Medical expenses for the treatment of old injuries of service members with disabilities ranging from degree 7 to 10, if they have signed up for workplace injury insurance, shall be reimbursed by workplace injury insurance fund; if not, their employers shall reimburse the expenses; if their employers are unable to reimburse the expenses or unemployed, their expenses shall be reimbursed by the civil affairs agencies under the people’s governments at the county level where their residences are registered from medical assistance funds earmarked for pension and preferential treatment beneficiaries. As to expenses other than for the treatment of old injuries, if they have no medical insurance coverage or they have difficulty in payment, the civil affairs agencies under the people’s governments at the county level where their residences are registered shall give suitable subsidies.

第三十条现役军人、残疾军人在本省行政区域内乘坐火车、轮船、长途汽车以及民航班机，凭本人有效证件优先购票，残疾军人凭本人《中华人民共和国残疾军人证》减收正常票价的50%。

现役军人凭本人有效证件、残疾军人凭本人《中华人民共和国残疾军人证》免费乘坐本省行政区域内运营的市内公共汽车、电车和轨道交通工具等公共交通工具。

现役军人凭本人有效证件、残疾军人凭本人《中华人民共和国残疾军人证》参观游览本省行政区域内的公园、博物馆、科技馆、名胜古迹时，免收门票。

Article 30 When a service member on active duty or a service member with a disability travels within the administrative area of this Province on train, ship, long-distance bus and civil airplane, the service member shall be given priority in buying tickets on the strength of his or her valid identity documents; a service member with a disability shall get a ticket at a 50% reduction of the normal ticket price on the strength of the Certificate of Service Members with Disabilities of the People’s Republic of China.

A service member on active duty on the strength of his or her valid identity documents, or a service member with a disability on the strength of his or her Certificate of Service Members with Disabilities of the People’s Republic of China shall, free of charge, enjoy public transport services such as intra-city bus, trolleybus and rail transit train within the administrative area of this Province.

A service member on active duty on the strength of his or her valid identity documents, or a service member with a disability on the strength of his or her Certificate of Service Members with Disabilities of the People’s Republic of China shall, free of charge, be admitted into parks, museums, science and technology museums, places of interests, and tourist spots within the administrative area of this Province.

第三十一条烈士、因公牺牲军人、病故军人的子女、兄弟姐妹，符合当年征兵条件且本人自愿应征的，优先批准入伍。

Article 31 Children or brothers and sisters of martyrs, service members killed on duty or service members who died of disease shall be given priority in joining the Army if they so desire and meet the recruitment conditions required for the current year.

第三十二条从未参加工作，且符合下列条件的复员军人，经设区的市人民政府民政部门批准，由其户籍所在地县级人民政府民政部门按照规定标准给予在乡复员军人定期定量补助：

（一）1954年10月31日前参加中国工农红军、东北抗日联军、中国共产党领导的脱产游击队、八路军、新四军、解放军、中国人民志愿军的；

（二）持有复员、退伍证件或者经批准复员的有效证明材料的。

Article 32 Upon the approval of the civil affairs agencies under districted city people's governments, the civil affairs agency under the people’s government at the county level where the residence of a demobilized service member is registered shall, according to stipulated standards, pay him or her a fixed amount of regular subsidies designed for demobilized service members in villages if he or she has never been employed or:

1. joined the Chinese Workers' and Peasants' Red Army, the Northeast Allied Forces against Japanese Invasion, the full-time guerrilla forces under the leadership of Communist Party of China, the Eighth Route Army, the New Fourth Army, the Liberation Army or the Chinese People’s Volunteer Army before October 31, 1954; and

2. holds a certificate of demobilized or discharged service members, or valid evidential materials for the approval of his or her demobilization.

第三十三条从未参加工作，且符合下列条件的复员军人，经设区的市人民政府民政部门批准，由其户籍所在地县级人民政府民政部门给予在乡退伍红军老战士定期生活补助：

（一）1937年7月6日前入伍，参加中国工农红军（包括抗日联军和中国共产党领导的脱产游击队）的；

（二）有退伍手续或者确切证明的。

符合前款第（一）项但不符合第（二）项规定的人员，经设区的市人民政府民政部门批准，由其户籍所在地县级人民政府民政部门给予红军失散人员定期生活补助。

在乡退伍红军老战士病故后，其配偶生活困难的，由其配偶户籍所在地县级人民政府民政部门按照抗日战争时期入伍的在乡复员军人定期定量补助标准给予补助。

Article 33 Upon the approval of the civil affairs agencies under districted city people's governments, the civil affairs agency under the people’s government at the county level where the residence of a demobilized service member is registered shall, according to stipulated standards, pay him or her regular living allowances designed for demobilized Red Army veterans in villages if he or she has never been employed or:

1. joined the Chinese Workers' and Peasants' Red Army (including the Northeast Allied Forces against Japanese Invasion and the full-time guerrilla forces under the leadership of Communist Party of China) before June 6, 1937; and

2. holds demobilization documents or clear evidential materials.

Upon the approval of the civil affairs agency under the districted city people’s governments, the civil affairs agency under the people’s government at the county level where his or her residence is registered shall pay him or her regular living allowances designed for dispersed Red Army personnel if he or she meets the condition of item 1 but not item 2 of the preceding paragraph.

After a demobilized Red Army veteran in a village died of disease and if his or her spouse has difficulties in life, the civil affairs agency under the people’s government at the county level where the residence of his or her spouse is registered shall pay the spouse a fixed amount of regular subsidies designed for demobilized service members in villages who were enlisted during the Anti-Japanese War.

第三十四条从未参加工作，且符合下列条件的退伍军人，经设区的市人民政府民政部门批准，由其户籍所在地县级人民政府民政部门给予带病回乡退伍军人定期定量补助：

（一）在服现役期间患病、尚未达到评定残疾等级条件的；

（二）退伍档案中有部队军以上单位指定医院做出的相关医疗结论或者原始病历的。

Article 34 Upon the approval of civil affairs agency under districted city people's governments, the civil affairs agency under the people’s government at the county level where the residence of a demobilized service member is registered shall pay him or her a fixed amount of regular subsidies designed for demobilized service members who have returned to villages with diseases if he or she has never been employed or:

1. has suffered from a disease while serving on active duty but failed to meet the conditions for any disability degree; and

2. has relevant medical conclusive diagnosis or original medical records made by a hospital designated by units at or above the army level in his or her demobilization documents.

第三十五条符合下列条件的退伍军人，经设区的市人民政府民政部门批准，由其户籍所在地县级人民政府民政部门给予参战退役人员生活补助：

（一）1954年11月1日以后入伍；

（二）参加过抵御外来侵略、完成祖国统一、捍卫国家领土和主权完整、保卫国家安全而进行的武力打击或者抗击敌方的军事行动的战斗、指挥以及保障等作战人员；

（三）不符合评定残疾军人和享受带病回乡退伍军人生活补助条件；

（四）退伍回到农村或者退伍回到城镇但无工作单位且家庭生活困难。

前款所称作战，是指武装力量打击或者抗击敌方的自卫还击作战、防御作战、对逃离大陆国民党军队的作战、出国支援作战、平息地区性武装叛乱作战等军事行动，以及军委、总部认定的其他作战行动。

Article 35 Upon the approval of the civil affairs agencies under districted city people’s governments, the civil affairs agency under the people’s governments at the county level where the residence of a discharged service member is registered shall pay him or her living subsidies designed for those demobilized service members who have taken part in wars if he or she:

1. joined the Army after November 1, 1954;

2. was one of the personnel who had taken part in armed strikes for the purpose of defending against foreign aggressions, achieving motherland unification, safeguarding national sovereignty and territorial integrity, and protecting national security, or in wars such as battles, commands and logistics that attack enemy military actions;

3. does not meet the conditions for assessment of service members with disabilities and for enjoying living subsidies designed for discharged service members returning to villages with diseases; and

4. has returned to a village or city or township but is unemployed and has difficulties in life.

The term “wars” as used in the preceding paragraph means armed strikes against or military actions that attack enemies, such as counterattacks in self-defense, defense, wars against Kuomintang forces retreating from the Mainland, assistance wars in foreign countries, and regional armed rebellion suppressions, as well as other military actions authorized by the Central Military Commission and PLA General Departments.

第三十六条符合下列条件的退伍军人，经设区的市人民政府民政部门批准，由其户籍所在地县级人民政府民政部门给予参试退役人员生活补助：

（一）国家规定的时间内在核试验部队服役；

（二）不符合评定残疾军人和享受带病回乡退伍军人生活补助条件；

（三）退伍回到农村或者退伍回到城镇但无工作单位且家庭生活困难。

前款所称核试验部队，是指在规定时间内参加核试验的部队，执行核产品运送、保管、储存等任务的部队，二炮担负核武器储存和战备值班的部队，海军核潜艇部队。

Article 36 Upon the approval of the civil affairs agencies under districted city people’s governments, the civil affairs agency under the people’s government at the county level where the residence of a demobilized service member is registered shall pay him or her living subsidies designed for those discharged service members who have taken part in tests if he or she:

1. served in a nuclear test unit during the time designated by the State;

2. does not meet the condition for the assessment of service members with disabilities and for enjoying living subsidies designed for demobilized service members returning to villages with diseases; and

3. has returned to a village or city or township but is unemployed and has difficulties in life.

The term “nuclear test unit” as used in the preceding paragraph includes, during designated time, units that have taken part in nuclear tests, units that have transported, kept or stored nuclear products, or the Second Artillery Force units that shoulder the tasks of nuclear weapons storage and war preparedness, and nuclear submarine units of the Navy.

第三十七条符合下列条件的农村籍退伍士兵，经设区的市人民政府民政部门批准，由其户籍所在地县级人民政府民政部门给予农村籍退役士兵老年生活补助：

（一）1954年11月1日至2011年11月1日期间入伍；

（二）60周岁（含）以上；

（三）未享受国家定期抚恤补助。

Article 37 Upon the approval of the civil affairs agencies under districted city people’s governments, the civil affairs agency under the people’s government at the county level where the residence of a discharged soldier in a village is registered shall pay him or her senior living subsidies designed for the discharged soldiers in villages if he or she:

1. joined the Army between November 1, 1954 and November 1, 2011;

2. is at the age of 60 or more; and

3. has not enjoyed regular pensions and subsidies given by the State.

第三十八条符合下列条件的烈士子女和建国前错杀后被平反人员子女，经设区的市人民政府民政部门批准，由其户籍所在地县级人民政府民政部门给予其子女定期生活补助：

（一）60周岁（含）以上；

（二）居住在农村或者城镇无工作单位；

（三）18周岁以前没有享受过定期抚恤待遇。

Article 38 Upon the approval of the civil affairs agencies under districted city people’s governments, the civil affairs agencies under the people’s governments at the county level where the residences of children of martyrs and children of rehabilitated personnel who have been killed by mistake before the Liberation are registered shall pay them regular living subsidies if they:

1. are at the age 60 or more;

2. live in villages or in cities or towns but are unemployed; and

3. have not enjoyed regular pensions and preferential treatment before the age of 18.

第三十九条对依靠定期抚恤金生活仍有困难的烈士遗属、因公牺牲军人遗属、病故军人遗属，对依靠残疾抚恤金生活仍有困难的残疾军人和依靠定期生活补助生活仍有困难的在乡复员军人、带病回乡退伍军人和参战参试退役人员、农村籍退役士兵、烈士（含错杀被平反人员）子女，其户籍所在地县级人民政府应当优先将其纳入城乡社会救助制度保障范围，给予适当救助。

抚恤优待对象在申领城乡最低生活保障金时，其享受的抚恤优待补助不计入家庭收入。

Article 39 For surviving family members of martyrs, surviving family members of service members who were killed on duty, or surviving family members of service members who died of disease depending on regular pensions; service members with disabilities depending on disability pensions; and demobilized service member in villages, discharged service members who have returned to villages with diseases, and discharged personnel who have taken part in wars and tests, discharged soldiers in villages or children of martyrs (including rehabilitated personnel who have been killed by mistake) depending on regular living subsidies still have difficulties in life, the people’s governments at the county level where their residences are registered shall give priority in incorporating them into the security programs for urban-rural social relief system and give necessary relief.

When pension and preferential treatment beneficiaries apply for minimum life security subsidies, the pensions and preferential treatment subsidies that they are entitled to should not be calculated into their family incomes.

第四十条享受定期补助的在乡退伍红军老战士、红军失散人员、在乡复员军人、带病回乡退伍军人、参战参试退役人员、农村籍退役士兵、烈士（含错杀被平反人员）子女死亡后，由发给其定期补助的县级人民政府民政部门按照原标准和本办法第十二条的发放办法，一次性增发一年的定期补助作为丧葬补助费。

Article 40 After the death of children of discharged Red Army veterans in villages, dispersed Red Army members, demobilized service members in villages, discharged service members who have returned to villages with diseases, discharged service members who have taken part in wars and tests, discharged soldiers in villages, martyrs (including rehabilitated personnel who have been killed by mistake) enjoying regular subsidies, the civil affairs agencies under the people’s governments at the county level that pay them regular subsidies shall, according to the original standards and provisions in Article 12 of these Measures, pay them a lump sum equaling one year’s regular pensions as funeral allowances.

第四十一条县级以上人民政府根据当地经济发展状况兴办优抚医院、光荣院，治疗或者集中供养孤老和生活不能自理的抚恤优待对象。

各级人民政府对接收抚恤优待对象的社会力量兴办福利机构，应当给予鼓励和支持。

Article 41 People’s governments at the county level shall, in light of their local economic development, establish welfare hospitals or homes for disabled veterans to treat or provide collective care for the pension and preferential treatment beneficiaries who are widowed and elderly and who are unable to take care of themselves in life.

People’s governments at various levels should give encouragement and support to welfare institutions run by social forces that admit pension and preferential treatment beneficiaries.

第四十二条本办法第三十五条、第三十六条和第三十八条所称无工作单位，是指退役后从未就业或者虽就业但已与所在单位解除工作、聘用关系，且未能享受社会保险待遇的退役人员。

Article 42 The term “unemployed” as used in Article 35, Article 36 and Article 37 of these Measures means the discharged personnel who have never been employed since they left the Army or who had once been employed but have since dissolved labor or employment relationship with their employers and who have not enjoyed such treatment as social insurance.

第五章法律责任

Chapter Ⅴ Legal Liabilities

第四十三条军人抚恤优待管理单位及其工作人员挪用、截留、私分军人抚恤优待经费，构成犯罪的，依法追究相关责任人员的刑事责任；尚不构成犯罪的，对相关责任人员依法给予行政处分或者纪律处分。被挪用、截留、私分的军人抚恤优待经费，由上一级人民政府民政部门责令追回。

Article 43 If any of administration units in charge of pensions and preferential treatment for service members and working staff thereof siphons off, withholds or embezzles funds for pensions and preferential treatment for service members, and a crime is thereby constituted, they shall be investigated for criminal liabilities in accordance with law; or if no crime is constituted, relevant responsible personnel must be given administrative sanctions or disciplinary sanctions in accordance with law. Funds for pensions and preferential treatment for service members that have been siphoned off, withheld or embezzled must be ordered to be returned by the civil affairs agencies under the people’s governments at the next higher level.

第四十四条军人抚恤优待管理单位、参与单位及其工作人员有下列行为之一，由其上级主管部门责令改正；构成犯罪的，依法追究相关责任人员的刑事责任；尚不构成犯罪的，对相关责任人员依法给予行政处分或者纪律处分：

（一）违反规定审批军人抚恤待遇的；

（二）在审批军人抚恤待遇工作中出具虚假诊断、鉴定、证明的；

（三）不按规定标准、数额、对象审批或者发放抚恤金、补助金、优待金的；

（四）在军人抚恤优待工作中利用职权谋取私利的。

Article 44 If any of administration units in charge of pension and preferential treatment for service members, involved units and working staff thereof commits one of the following acts, they must be ordered to be corrected by the authorities in charge at the next higher level; if a crime is thereby constituted, they must be investigated for criminal liabilities in accordance with law; or if no crime is constituted, relevant responsible personnel must be given administrative sanctions or disciplinary sanctions in accordance with law:

1. approving, in violation of relevant regulations, eligibility for pensions and preferential treatment for service members;

2. producing false diagnoses, authentications or certificates during the approval of pensions and preferential treatment for service members;

3. approving or paying pensions, subsidies or preferential treatment benefits in noncompliance with standards, amounts or beneficiaries of pensions and preferential treatment as stipulated in the regulations; or

4. abusing powers for personal gains in the administration of pensions and preferential treatment.

第四十五条负有军人抚恤优待义务的单位不履行该义务的，由县级以上人民政府民政部门责令限期履行；逾期不履行的，处以2000元以上1万元以下罚款。对直接负责的主管人员和其他责任人员依法给予处分；构成犯罪的，依法追究刑事责任。因不履行职责义务使抚恤优待对象受到损失的，应当依法承担赔偿责任。

Article 55 If a unit that has obligations arising from pensions and preferential treatment for service members fails to meet its obligations, the civil affairs agencies under the people’s governments at or above the county level must order it to fulfill its obligations within a time limit; if obligations are not fulfilled within the time limit, it must be imposed on a fine not less than 2,000 yuan but not more than 10,000 yuan. Personnel in principal charge and other responsible personnel must be given sanctions in accordance with law; if a crime is constituted, they shall be investigated for criminal liabilities. Where losses have been incurred because of failing to perform their functions and obligations, they must be liable for compensations in accordance with law.

第四十六条抚恤优待对象有下列行为之一的，由县级人民政府民政部门给予警告，限期退回非法所得；情节严重的，停止其享受的抚恤优待；构成犯罪的，依法追究刑事责任：

（一）冒领抚恤金、优待金、补助金的；

（二）虚报病情骗取医药费的；

（三）出具假证明，伪造证件、印章骗取抚恤金、优待金、补助金的。

Article 46 If any of the pension and preferential treatment beneficiaries commits one of the following acts, the beneficiary must be given a warning by the civil affairs agencies under the people’s governments at the county level and the illegal gains must be returned within a time limit; if the circumstances are serious, the beneficiary’s eligibility for pensions and preferential treatment must be stopped; and if a crime is constituted, the beneficiary must be investigated for criminal liabilities:

1. obtaining pensions, preferential treatment benefits or subsidies under false pretenses;

2. making a false report about diseases to reimburse medical expenses; or

3. producing false certificates or doctoring identities or official seals to obtain pensions, preferential treatment benefits or subsidies.

第四十七条抚恤优待对象被判处有期徒刑、剥夺政治权利或者被通缉期间，中止其抚恤优待；被判处死刑、无期徒刑的，取消其抚恤优待资格。

Article 47 When a pension and preferential treatment beneficiary is sentenced to a fixed term imprisonment, deprived of political rights, or put on a list of wanted fugitives, the beneficiary’s pension and preferential treatment must be stopped; if sentenced to death or life imprisonment, the beneficiary’s eligibility for pension and preferential treatment must be revoked.

第六章附则

Chapter Ⅵ Supplementary Provisions

第四十八条军队离休、退休干部、退休士官按照《条例》和本办法有关现役军人抚恤优待的规定执行。

因参战伤亡的民兵、民工的抚恤，因参加县级以上人民武装部门或者预备役部队组织的军事演习、军事训练和执行军事勤务伤亡的预备役人员、民兵、民工以及其他人员的抚恤，按照以下规定办理：

（一）属于党政机关和人民团体的，按照国家机关工作人员伤亡抚恤规定办理；

（二）属于企业事业单位的，按照《工伤保险条例》的规定办理；

（三）农民、无工作单位城市居民、学校学生等，由民政部门参照本办法及民兵民工伤亡抚恤规定办理。

Article 48 Pensions and preferential treatment for officers emeriti, retired officers or retired soldiers in the Army will be implemented in accordance with the Regulations and relevant provisions for pensions and preferential treatment as set forth in these Measures.

Pensions for militia members or laborers who were killed or wounded while taking part in wars, as well as for reserve personnel, militia members, laborers or other personnel who were killed or wounded while taking part in military drills or military trainings, or performing logistics duties organized by the civil armed forces agencies under the people’s governments at the county level will be implemented according t

1. the provisions as stipulated for injuries and death pensions for working personnel at the State organs if they belong to the Party and State organs or people’s organizations;

2. the provisions as set forth in the Regulations on Work Injury Insurance if they belong to enterprises and public institutions; or

3. the case that civil affairs agencies apply in reference to the provisions as set forth in these Measures and to provisions for the pensions for militia members or laborers who were killed or wounded if they are farmers, unemployed urban inhabitants or school students.

第四十九条本办法所称抚养人，是指因军人丧失父母或者父母无抚养能力，自愿或者受托连续抚养军人七年以上，经乡（镇）人民政府、街道办事处证明或者公证机构公证，由县级人民政府核准的人员。

Article 49 The term “fosterer” as used in these Measures means a person, who is willing or entrusted to take care of a service member for 7 consecutive years or more because the service member lost his or her parents or the service member’s parents are unable to foster the service member, and who is certified by a township people’s government or a neighborhood committee, or authenticated by a public notary office, and approved by a people’s government at the county level.

第五十条本办法所称入学、学生，不包括下列情形：

（一）未纳入所在学校学籍管理的；

（二）未经中等学校招生统一考试，进入高级中学、职业高中、中等专业学校、技工学校就读或者未经国家高等学校统一招生考试（含春季高考、高等学校自主招生考试或者保送免试入学）进入普通高等院校、高等专科学校、中等专科学校、高等职业学校就读的；

（三）接受成人高等教育的；

（四）接受非学历教育，以同等学力申请相关学士、硕士、博士学位的；

（五）参加中等、高等学历自学考试或者函授学习考试，并接受教育的。

Article 50 The term “admission” or “student” does not include:

1. those not on the school official roll;

2. those admitted into a secondary school, vocational school, secondary professional school or polytechnic school without sitting for nationally unified secondary school entrance examination or admitted into a general institution of higher learning, senior professional school or senior vocational school without sitting for nationally unified college entrance examinations (including spring entrance examinations, self-determined entrance examinations, admissions exempted from entrance examinations);

3. those receiving adult educations;

4. those receiving non-degree educations, or those studying for the equivalent of bachelors’, masters’ or doctors’ degrees; and

5. those sitting for self-taught secondary or higher education examinations or correspondence school examinations, or receiving the education.

第五十一条具有多重抚恤优待身份的抚恤优待对象，就高享受其中一种身份的抚恤优待。

Article 51 A beneficiary who is entitled to overlapping pensions and preferential treatment may enjoy one of the highest of pensions and preferential treatment.

第五十二条本办法自2015年3月1日起施行。2007年11月6日颁布的《山西省军人抚恤优待实施办法》同时废止。

Article 52 These Measures are effective on March 1, 2015. “Measures of Shanxi Province for the Implementation of Pensions and Preferential Treatment for Service Members” promulgated on November 6, 2007 is repealed simultaneously.

本文来源: 法制办

08.10.2015 17:05

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