The newly revised "Regulations on the Pensions and Preferential Treatment for Military Personnel" have officially come into effect as of the specified date. What are the revised contents? What are the highlights and new features? Interpretations are coming soon↓

The basic principles of military personnel's preferential treatment and compensation are clarified, with the addition of the "People's Republic of China Military Status and Rights Protection Law" and the "People's Republic of China Veterans Protection Law" as the legislative basis in the general provisions. The work of military personnel's preferential treatment and compensation is stipulated to be implemented in accordance with the principles of matching benefits with contributions, emphasizing both spiritual and material aspects, combining care with services, categorized protection, focusing on key areas, gradually advancing the integration of preferential treatment and compensation systems across urban and rural areas, establishing a dynamic adjustment mechanism for preferential treatment and compensation standards, ensuring that the level of preferential treatment and compensation is commensurate with the economic and social development level, and the needs of national defense and military construction.

"Universal Benefits Plus Preferential Treatment" is an important principle in the work of preferential treatment. Article Four stipulates that the state ensures that recipients of preferential treatment enjoy universal benefits such as social security and basic public services, while also receiving corresponding preferential treatment. When reviewing whether recipients of preferential treatment meet the conditions for enjoying social security and basic public services, pensions, subsidies, and preferential payments are not included in the personal and family income of the recipients of preferential treatment.

Strengthening the system and mechanisms for preferential treatment and pensions involves first clarifying the scope of beneficiaries and the content of preferential treatment and pensions. By listing specific categories, the scope of beneficiaries is defined to include military personnel, disabled military personnel on active duty and after discharge, the families of martyrs, the families of military personnel who died in the line of duty, the families of military personnel who died of illness, military families, and veterans. This makes the applicable scope of the regulations clearer and the range of beneficiaries more distinct. Different categories of beneficiaries are entitled to corresponding death pensions, disability pensions, and preferential treatment according to the law.

"Active military personnel" has been revised to "military personnel" to align with higher-level laws; "demobilized military personnel" and "retired military personnel" in the original regulations have been uniformly revised to "retired military personnel". Regarding death benefits: ① Article 12, the deletion of "death due to medical malpractice" is primarily considered because such deaths do not have the nature of "on duty" and can obtain civil compensation. ② Article 16, the addition of provisions for increasing one-time pension for military personnel who are posthumously awarded honors and commendations, or who receive medals or national honorary titles. ③ Article 19, the clarification that the regular pension for "three categories of dependents" is issued from the month of confirmation of their eligibility. ④ Article 20, the first-time stipulation of conditions for continuing to issue regular pensions to the surviving spouses of martyrs, military personnel who died on duty, or those who died of illness after remarriage. Regarding disability benefits: ① Item 3 of the second paragraph of Article 25, "injury resulting from sudden illness during the execution of a task or at a work post", should be accurately grasped in conjunction with the "Reply on How to Identify Work-Related Disability in Cases of Sudden Illness During the Execution of a Task or at a Work Post for Civil Servants" (Civil Letter [ ] No.). ② Article 27, the clarification that disability pensions are issued from the month of approval. Regarding preferential treatment: This part has undergone significant adjustments in terms of content and sequence, essentially solidifying the content from policy documents such as the "Opinions on Strengthening the Preferential Treatment of Military Personnel, Their Families, Retired Military Personnel, and Other Beneficiaries of Preferential Treatment". Article 43 stipulates that the children of military personnel can enroll in public compulsory education schools and inclusive kindergartens in the place of residence of their parents, grandparents, or other legal guardians, or in the place of residence of their parents or the location of their military unit, and enjoy the local education preferential policies for military children.

Second, clarify the management system. The regulations specifically stipulate the responsibilities of the competent departments for the work of retired servicemen, other relevant authorities, and military departments in the provision of pensions and preferential treatments. Implementing relevant provisions of the "Law on the Protection of Retired Servicemen" and other regulations, the responsibilities of central and local fiscal authorities are clearly defined. The regulations state that the funding required for military pensions and preferential treatments is primarily borne by the central fiscal budget, with an appropriate increase in the investment from provincial fiscal budgets to alleviate the financial pressure on grassroots levels.

Article 6 stipulates for the first time that local people's governments at or above the county level should ensure the funding for the work of veteran preferential treatment and care. The funds required for veteran preferential treatment and care, as well as the work expenses, arranged by both central and local governments, should undergo full-process budget performance management. Emphasis is placed on "required funds" and "work expenses" respectively, and levels of government should promptly coordinate with finance to include veteran preferential treatment funds and work expenses in the annual budget. Article 5 corresponds with Articles 55, 56, and 57, specifying the responsibilities of relevant units and personnel, as well as the penalties for violations, forming a closed loop of "rights—responsibilities—penalties." The corresponding fine amounts have been adjusted from yuan to ten thousand yuan, to ten thousand yuan to one million yuan.

Third, improve the military-civilian connection mechanism. Refine the procedures for the transition of work such as the retirement or transfer of disabled servicemen to the government, the transfer of pension relationships, and the issuance of pensions and nursing fees.

Article 30 stipulates that disabled military personnel who have retired or are being transferred to the government should apply to transfer their pension relationship within days after the military completes the retirement or transfer procedures. The disability pension for the current year will be issued by their unit, and the local government at the county level where they relocate will start issuing it according to the local standards from the following year. Article 34 provides that disabled military personnel who have retired and subsequently apply for or are adjusted to levels I to IV, or who were rated as levels V to VI due to mental illness during their service, are eligible for nursing fees. The standard for these nursing fees is linked to the average monthly wage of urban unit employees in the previous year. The second paragraph of Article 34 stipulates that the nursing fees for disabled military personnel who have retired and are being transferred to government care will be executed in accordance with national and military regulations, to prevent the phenomenon of duplicate nursing fee payments.

Enrich the content of preferential treatment for the disabled and veterans by establishing care and support mechanisms and proactive discovery mechanisms. The regulations mandate that township governments and sub-district offices actively understand the living conditions of preferential treatment recipients through home visits and other means. Utilize funds for the care of veterans to provide assistance and support, increasing the care and support for those who have experienced significant life changes or are facing special difficulties.

Article 29 stipulates that when the local government's department in charge of the affairs of retired servicemen proposes the need to adjust the level of disability, the level of disability can be re-evaluated. If it is found that the condition of a disabled serviceman has worsened, assistance can be provided to apply for an adjustment of the disability level; if it is found that the assessment of the disability level is clearly erroneous, an adjustment can also be proposed.

Second, enhance honor incentives. Fully incorporate some effective measures and practices from work practice that have received positive social feedback and widespread acclaim. Increase provisions for hanging honor plaques, issuing preferential certificates, delivering commendation letters, recording in local annals, organizing short-term recuperation, inviting to major celebration events, conducting typical publicity, and other measures to build a system of honor incentive mechanisms that balance both spiritual and material aspects.

Integrating material security and honor incentives as two sides of the same coin in preferential treatment work, while enriching the forms of security and enhancing the level of security, it emphasizes more on the functions of honor incentives and spiritual comfort. The regulations stipulate that recipients of preferential treatment can enjoy benefits and discounts when visiting public cultural facilities such as libraries, museums, art galleries, science and technology museums, memorials, and sports venues, as well as parks, exhibition halls, and scenic sites.

Three is to strengthen information construction. Enhance the construction of a comprehensive information platform for preferential treatment recipients, strengthen inter-departmental collaboration and information sharing, and achieve precise identification of preferential treatment recipients.

To continuously and strictly implement the annual confirmation system for preferential treatment recipients, focus on the application of data, provide strong support for policy formulation and implementation, further strengthen information construction, and enhance the level of refinement in preferential treatment work.

Four is to expand the scope of preferential treatment. Referring to policies and regulations such as the "Opinions on Strengthening the Preferential Treatment Work for Military Personnel, Military Families, Retired Military Personnel, and Other Preferential Treatment Recipients," expand and improve the content of preferential treatment in areas such as medical care, transportation, sightseeing, education, housing, and centralized support, and clarify the household registration policy for family members who meet the conditions for accompanying military service but are unable to do so.

Article 39 stipulates that children of martyrs who meet the conditions for civil service or community full-time staff recruitment and employment are given priority in recruitment or employment under the same conditions. For the first time, the term "community full-time staff" is included as a new profession with preferential treatment in employment. Article 46 details the placement procedures for military spouses who were employed in government agencies or public institutions before joining the military. Clear provisions on preferential treatment for education and training of demobilized soldiers are specified.

Five is to improve special preferential treatment for veterans who participated in combat, including providing funeral subsidies for those who have passed away and are entitled to regular state living allowances; eligible veterans who participated in combat can apply to stay in the Glory House or receive treatment at preferential hospitals, enjoying priority and preferential treatment.

Article 62: For the first time, it stipulates that upon the death of retired servicemen who have participated in wars (including veterans in rural areas and "Three Reds") who are entitled to regular state living allowances, the monthly regular living allowance they originally enjoyed will continue to be paid as funeral assistance.

Optimizing the Pensions and Benefits Procedures: Firstly, clarify the disbursement process for lump-sum pensions. After a military personnel is recognized as a martyr, confirmed to have died in the line of duty, or passed away due to illness, the relevant military unit sends a notification to the county-level department of veterans' affairs in the domicile of the deceased's family. The receiving unit then disburses the pension according to regulations.

Article 14 stipulates that if all survivors are military personnel and have no registered residence, the location of the military unit shall be considered as the place of residence for the survivors. In cases where there are multiple eligible survivors, the place of distribution shall be determined according to the order specified in the "Circular on the Determination of the Distribution Authority for One-time Survivor Benefits upon the Death of Active Duty Military Personnel" (Circular No. [] of the Ministry of Veterans Affairs). The order is as follows: the place of residence of parents (guardians), spouses, and children; in the case of multiple children, the order of seniority shall be followed; if there are no parents (guardians), spouses, or children, the place of residence of siblings shall be considered, with the order of seniority followed in the case of multiple siblings.

Second, refine the conditions for supplementary assessment of disability. If the original archives and medical records can prove that the disability condition and nature during active service meet the criteria for assessing disability levels, supplementary assessment of disability levels can be conducted; separate regulations are made for occupational disease-induced disability and disability caused by residual fragments from projectiles remaining in the body.

Article 29 significantly adjusts the conditions for re-evaluating disability. The requirement for re-evaluating disability is "if the original records and medical records can prove that the current disability during active service and the nature of the injury meet the conditions for evaluating the disability grade, the disability grade can be evaluated." However, there is an exception, namely "if diagnosed or identified as a work-related disease or due to residual fragments from a bullet causing disability, and the conditions for evaluating the disability grade are met."