Is there any specific provision for soldiers to pay endowment insurance in the local area after choosing their own jobs?

the military insurance law of the people's republic of china

order of the president of the people's republic of china

No.56

The People's Republic of China (PRC) Military Insurance Law was adopted by the 26th meeting of the 11th NPC Standing Committee in People's Republic of China (PRC) on April 27th, 20 12, and is hereby promulgated, and shall come into force on July 27th, 20 12.

Hu Jintao, President of People's Republic of China (PRC)

April 27, 1965 438+02

the military insurance law of the people's republic of china

(20 12 adopted at the 26th meeting of the 11th NPC Standing Committee on April 27th)

catalogue

Chapter I General Provisions

Chapter II Military Casualty Insurance

Chapter III Retirement Endowment Insurance

Chapter IV Retirement Medical Insurance

Chapter V Spouse Insurance for Soldiers Unemployed with the Army

Chapter VI Military Insurance Fund

Chapter VII Insurance Handling and Supervision

Chapter VIII Legal Liability

Chapter IX Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated for the purpose of adjusting the insurance relationship among soldiers, safeguarding the legitimate rights and interests of soldiers and promoting national defense and army building.

Article 2 The State establishes a military insurance system.

This Law shall apply to the establishment, payment, transfer and continuation of accidental injury insurance for servicemen, retired pension insurance, retired medical insurance and spouse insurance for servicemen not serving with the army.

Article 3 The military insurance system shall reflect the professional characteristics of military personnel, link up with the social insurance system, and adapt to the level of economic and social development.

According to the development of social insurance system, the state supplements and improves the military insurance system in a timely manner.

Article 4 The State promotes the development of military insurance and provides financial allocation and policy support for military insurance.

Article 5 The competent military insurance department of China People's Liberation Army is responsible for the military insurance of the whole army. The administrative department of social insurance, the financial department and other relevant military departments in the State Council shall be responsible for the relevant military insurance work within the scope of their respective duties.

The financial department of the military logistics (joint logistics) organ is responsible for undertaking military insurance registration, personal rights and interests records, and payment of military insurance benefits.

The financial department of the military logistics (joint logistics) organ and the local social insurance agency shall, according to their respective duties, handle the procedures for the transfer and connection of the relationship between military insurance and social insurance.

Sixth soldiers to participate in military insurance according to law and enjoy the corresponding insurance benefits.

Soldiers have the right to inquire and check personal payment records and personal rights and interests records, and require the financial departments of military logistics (joint logistics) organs and local social insurance agencies to handle the transfer and connection procedures of insurance relations such as pension and medical care according to law, and provide related services such as military insurance and social insurance consultation.

Chapter II Military Casualty Insurance

Article 7. If a serviceman dies in battle or on duty, he shall pay death insurance money according to the recognized nature of death and the corresponding insurance standards.

Article 8 If a serviceman is disabled due to war, work or illness, he shall pay the serviceman disability insurance money according to the assessed disability grade and the corresponding insurance standards.

Article 9 The determination of the nature of death and disability of servicemen, the assessment of disability grade and the corresponding insurance premium standards shall be implemented in accordance with the relevant provisions of the state and the army.

Article 10 Soldiers who are killed or disabled due to any of the following circumstances shall not enjoy the benefits of military casualty insurance:

(a) Intentional crime;

(2) Being drunk or taking drugs;

(3) self-mutilation or suicide;

(4) Other circumstances stipulated by laws, administrative regulations and military regulations.

Article 11 Soldiers who have been assessed as disabled because of war or work-related injuries, and who have relapsed after retiring from active service to work, shall enjoy corresponding work-related injury treatment according to law.

Twelfth military casualty insurance funds required by the state, individuals do not pay insurance premiums.

Chapter III Retirement Endowment Insurance

Thirteenth soldiers who have retired from active service participate in the basic old-age insurance, and the state gives subsidies for retired old-age insurance.

Fourteenth soldiers retired pension insurance subsidy standards, by the General Logistics Department of China People's Liberation Army in conjunction with the relevant departments of the State Council, according to the basic pension insurance payment standards stipulated by the state, soldiers' wages and other factors, submitted to the State Council and the Central Military Commission (CMC) for approval.

Fifteenth soldiers who have participated in the basic old-age insurance before joining the army shall be handled by the local social insurance agency and the financial department of the military logistics (joint logistics) organ for the transfer and continuation of the basic old-age insurance relationship.

Article 16 If an active serviceman participates in the basic old-age insurance for employees after retiring from active service, the financial department of the military logistics (joint logistics) organ will transfer the retired old-age insurance relationship and the corresponding funds to the local social insurance agency, and the local social insurance agency will handle the corresponding transfer and connection procedures.

The service life of military personnel is combined with the payment life of participating in the basic old-age insurance for employees before enlisting and after retiring from active service.

Seventeenth soldiers who participate in the new rural social endowment insurance or urban residents' social endowment insurance after retiring from active service shall go through the transfer and connection procedures in accordance with the relevant provisions of the state.

Eighteenth servicemen retired from active service to civil servants or staff positions managed by reference to the Civil Service Law, and active military officers and civilian cadres retired from active service to choose their own jobs, and the old-age insurance measures shall be implemented in accordance with the relevant provisions of the state.

Nineteenth soldiers who have retired from active service shall be resettled after retirement, and their pension measures shall be implemented in accordance with the relevant provisions of the State Council and the Central Military Commission (CMC).

Chapter IV Retirement Medical Insurance

Article 20 Officers, civilian cadres and noncommissioned officers participating in medical insurance for retired military personnel shall pay medical insurance premiums for retired military personnel, and the state shall give subsidies according to the same amount paid by individuals.

Compulsory soldiers and supply students do not pay medical insurance premiums for retired military personnel, and the state gives medical insurance subsidies to retired military personnel according to the prescribed standards.

Twenty-first soldiers retired medical insurance individual payment standards and national subsidy standards, by the General Logistics Department of China People's Liberation Army in conjunction with the relevant departments of the State Council, in accordance with the provisions of the state payment ratio, soldiers' wages and other factors to determine.

Twenty-second soldiers have participated in the basic medical insurance before joining the army, and the local social insurance agency and the financial department of the military logistics (joint logistics) organ shall handle the transfer and connection procedures of the basic medical insurance relationship.

Article 23 If an active serviceman participates in the basic medical insurance for employees after retiring from active service, the financial department of the military logistics (joint logistics) organ will transfer the medical insurance relationship and the corresponding funds to the local social insurance agency, and the local social insurance agency will handle the corresponding transfer and connection procedures.

The service life of active servicemen is regarded as the payment life of basic medical insurance for employees, and it is combined with the payment life of participating in basic medical insurance for employees before enlisting and after retiring from active service.

Twenty-fourth soldiers who participated in the new rural cooperative medical system or the basic medical insurance for urban residents after retiring from active service shall be handled in accordance with the relevant provisions of the state.

Chapter V Spouse Insurance for Soldiers Unemployed with the Army

Article 25 The state establishes endowment insurance and medical insurance for the spouses of soldiers waiting for employment in the army. Unemployed spouses of insured soldiers shall pay endowment insurance premiums and medical insurance premiums, and the state shall give corresponding subsidies.

The individual payment standard and national subsidy standard of spouse insurance for unemployed soldiers with army shall be implemented in accordance with the relevant provisions of the state.

Article 26 If the spouse of an unemployed soldier with the army has participated in social insurance before joining the army, the local social insurance agency and the financial department of the military logistics (joint logistics) organ shall go through the formalities for the transfer and continuation of the insurance relationship.

Article 27 When the unemployed spouse of an army soldier realizes employment or the soldier retires from active service, the financial department of the military logistics (joint logistics) organ will transfer his pension insurance, medical insurance relationship and corresponding funds to the local social insurance agency, and the local social insurance agency will handle the corresponding transfer and connection procedures.

The payment period of pension insurance and medical insurance for military spouses during the period of unemployment with the army shall be calculated with the payment period of basic pension insurance and basic medical insurance for local employees.

Article 28 When the spouses of unemployed soldiers in the army reach the retirement age stipulated by the state, the retirement place shall be determined in accordance with the relevant provisions of the state, and the financial department of the military logistics (joint logistics) organ shall transfer the pension insurance relationship and corresponding funds to the social insurance agency at the retirement place to enjoy the corresponding basic pension insurance benefits.

Twenty-ninth local people's governments and relevant departments shall provide employment guidance, training and other services for unemployed spouses of military personnel.

If the spouse of an unemployed soldier in the army refuses to accept the employment placement of the local people's government without justifiable reasons, or refuses to accept the appropriate work and employment training introduced by the designated departments and institutions of the local people's government without justifiable reasons, the insurance payment subsidy will be stopped.

Chapter VI Military Insurance Fund

Article 30 Military insurance funds include military casualty insurance fund, military retired pension insurance fund, military retired medical insurance fund and spouse insurance fund of unemployed soldiers. Military insurance funds shall be accounted for separately according to the types of military insurance, and the accounting system for military personnel shall be implemented.

Thirty-first military insurance funds are composed of individual contributions, military insurance funds borne by the central government, interest income and other funds.

Thirty-second soldiers should pay insurance premiums, withheld by the unit.

The insurance premiums payable by the spouses of unemployed soldiers in the army shall be withheld and remitted by the unit where the soldiers work.

Thirty-third military insurance funds borne by the central government shall be included in the annual national defense budget by the financial department of the State Council.

Thirty-fourth military insurance funds shall be managed in accordance with the budget management system of the state and the army.

Thirty-fifth military insurance funds shall be stored in special accounts, and the specific management measures shall be implemented in accordance with the relevant provisions of the state and the army.

Thirty-sixth military insurance fund by the China People's Liberation Army General Logistics Department military insurance fund management institutions centralized management.

Military insurance fund management institutions shall strictly manage military insurance funds to ensure the safety of the funds.

Thirty-seventh military insurance funds should be earmarked and spent in accordance with the prescribed items, scope and standards. No unit or individual may occupy, misappropriate, change expenditure items, expand expenditure scope or change expenditure standards.

Chapter VII Insurance Handling and Supervision

Thirty-eighth military logistics (joint logistics) financial departments and local social insurance agencies should establish and improve the military insurance management system.

The financial department of the military logistics (joint logistics) organ shall pay the military insurance money in full and on time.

The financial department of the military logistics (joint logistics) organ and the local social insurance agency shall promptly handle the procedures for the transfer and continuation of the relationship between military insurance and social insurance.

Article 39 The financial department of the military logistics (joint logistics) organ shall establish insurance files for servicemen and unemployed servicemen's spouses, record their personal contributions and state subsidies in a timely, complete and accurate manner, record their personal rights and interests such as military insurance benefits, and regularly deliver the personal rights and interests records to themselves.

The financial department of the military logistics (joint logistics) organ and the local social insurance agency shall provide military insurance and social insurance consultation and other related services for military personnel and unemployed military spouses.

Fortieth military insurance information system by the China People's Liberation Army General Logistics Department is responsible for the unified construction.

Article 41 The financial department of the General Logistics Department of China People's Liberation Army and the auditing organ of China People's Liberation Army shall, according to their respective functions and duties, supervise the revenue and expenditure and management of the military insurance fund.

Article 42 Military logistics (joint logistics) organs and local social insurance administrative departments shall supervise and inspect the compliance of units and individuals with this Law.

When the military logistics (joint logistics) organs and local social insurance administrative departments carry out supervision and inspection, the units and individuals under inspection shall truthfully provide information related to military insurance, and shall not refuse to inspect or make false reports or conceal them.

Forty-third military logistics (joint logistics) financial departments and local social insurance agencies and their staff shall keep the information of military units and soldiers confidential according to law and shall not disclose it in any form.

Article 44 Any unit or individual has the right to report and complain about acts that violate the provisions of this Law.

The army and relevant local departments and institutions shall handle reports and complaints within their duties according to law; If it is not within the scope of responsibilities of the department or institution, it shall be informed in writing and handed over to the department or institution that has the right to handle it. Departments and institutions that have the right to deal with it shall deal with it in time and shall not shirk it.

Chapter VIII Legal Liability

Article 45 If the financial department of the military logistics (joint logistics) organ or the social insurance agency is under any of the following circumstances, the military logistics (joint logistics) organ or the social insurance administrative department shall order it to make corrections; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If losses are caused, it shall be liable for compensation according to law:

(1) Failing to establish, transfer and extend the military insurance relationship in accordance with regulations;

(two) failing to collect and turn over the insurance premiums paid by individuals in accordance with the provisions;

(3) Failing to pay soldiers' insurance money in accordance with regulations;

(four) tampering with or losing personal payment records and other military insurance files;

(5) divulging information about military units and soldiers;

(6) Appropriating and storing military insurance funds in violation of regulations;

(seven) other acts that violate laws and regulations and damage the insurance rights and interests of military personnel.

Article 46 Those who embezzle, occupy or misappropriate the military insurance fund shall be ordered by the military logistics (joint logistics) organ to return it within a time limit, and the directly responsible personnel in charge and other directly responsible personnel shall be punished according to law.

Forty-seventh by fraud, forgery and other means to cheat the insurance benefits of military personnel. , by the military logistics (logistics) organs and social insurance administrative departments shall be ordered to return within a time limit, and shall be punished according to law.

Article 48 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter IX Supplementary Provisions

Forty-ninth servicemen who participate in unemployment insurance after retiring from active service shall be regarded as the payment period of unemployment insurance, and shall be calculated together with the payment period of unemployment insurance before enlisting and after retiring from active service.

Article 50 The provisions of this Law concerning the rights and obligations of military insurance shall apply to the people's armed police; The insurance fund management of the Chinese People's Armed Police Force shall be implemented in accordance with the fund management system of the Chinese People's Armed Police Force.

Article 51 This Law shall come into force as of July 1 2065438.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.