苏州市人民政府关于印发苏州市地方补充医疗保险统筹管理暂行办法的通知
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苏州市人民政府关于印发苏州市地方补充医疗保险统筹管理暂行办法的通知
苏州市人民政府关于印发苏州市地方补充医疗保险统筹管理暂行办法的通知
苏府〔 2004 〕 55 号
各市、区人民政府,苏州工业园区、苏州高新区管委会;市各委办局(公司),各直属单位:
经市政府第 24 次常务会议讨论通过,现将《苏州市地方补充医疗保险统筹管理暂行办法》印发给你们,请结合实际,认真贯彻执行。
苏州市人民政府
二○○四年三月二十五日
苏州市地方补充医疗保险统筹管理暂行办法
第一条 为进一步完善城镇职工医疗保险政策,逐步建立独立于企事业单位之外、资金来源多元化、保障制度规范化、管理服务社会化的多层次的社会保障体系,根据国务院《关于印发完善城镇社会保障体系试点方案的通知》、财政部和劳动保障部《关于企业补充医疗保险有关问题的通知》及《苏州市城镇职工基本医疗保险管理办法》,制定本办法。
第二条 地方补充医疗保险统筹管理是本市城镇职工医疗保险体系的重要组成部分,是基本医疗保险的必要补充,是企业退休人员实行社会化管理的基础条件。地方补充保险统筹基金由苏州市社会保险基金管理中心(以下简称“市社保中心”)集中管理,主要用于减轻参保职工门诊医疗费用负担,提高参保职工的整体医疗保障水平。
第三条 地方补充医疗保险统筹管理的实施范围和对象为本市行政区域内所有参加城镇职工基本医疗保险用人单位和参保人员,不包括由财政全额拨款、实行公务员医疗补助的单位和人员。
第四条 地方补充医疗保险统筹基金的来源为用人单位缴费、基本医疗保险统筹基金划拨和财政补贴相结合。其中用人单位统一根据参保人数按基本医疗保险缴费基数的 1% 按月缴纳;市社保中心在 11% 的基本医疗保险缴费率中划出 1 个百分点,按月从基本医疗保险基金中转入地方补充医疗保险统筹基金;市级财政按退休人员每人每年 100 元标准补贴,今后随财政收入增长逐年增加。
自谋职业等灵活就业人员的地方补充医疗保险费由个人按基本医疗保险费缴费基数的 1% 按月缴纳。
第五条 用人单位和自谋职业人员应缴的地方补充医疗保险费由市社保中心和税务部门按《社会保险费征缴条例》的有关规定,在征收基本医疗保险费时同步按月征缴;基本医疗保险统筹基金划拨的补充医疗保险费由市社保中心按月划拨;市级财政对退休人员的补助费用由市级财政列入当年预算,每年 6 月末直接划拨到地方补充医疗保险基金专户。
第六条 单位缴纳地方补充医疗保险费的列支渠道与基本医疗保险费的列支渠道相同。
第七条 地方补充医疗保险统筹基金实行财政专户管理,以收定支,专款专用。地方补充医疗保险统筹基金的管理和监督,依照《苏州市城镇职工基本医疗保险基金征缴管理暂行办法》的有关规定执行。
第八条 地方补充医疗保险统筹基金主要用于参保职工门诊医疗费用的补助。在一个医疗保险年度(每年 4 月 1 日至次年 3 月 31 日)内,参保职工个人账户用完后、在定点医疗机构和定点零售药店发生符合基本医疗保险给付范围的门诊医疗费用,在职职工个人自负 800 元、退休人员个人自负 600 元,超过自负金额符合基本医疗保险给付范围的医疗费用,在 2500 元(不含上述自负金额)以内由地方补充医疗保险统筹基金按在职职工 60% 、退休人员 70% 的标准予以补助。
第九条 本办法实施后,市劳动保障部门应加强门诊医疗费用的监督管理,对医疗机构和零售药店按照方便群众、合理布局、严格考核、规范运行的原则实行分级分类定点管理,对门诊医疗费用实行次均费用控制结算管理。
第十条 本办法实施后,原门诊特定项目中办理重症尿毒症透析、器官移植后的抗排异药物治疗、恶性肿瘤的化疗放疗以及精神病中的精神分裂症、重症抑郁症、伴有精神病症状的躁狂症、双相情感障碍症的患者可同时享受地方补充医疗保险有关待遇;办理家庭病床的患者在享受家庭病床医疗待遇期间暂停享受地方补充医疗保险待遇;其它门诊特定项目病种自本办法实施之日起自动取消。
第十一条 各定点医疗机构和定点零售药店应严格执行医疗服务规范和医疗保险的有关规定。对违反医疗保险规定,不符合地方补充医疗保险统筹基金支付范围的医疗费用,市社保中心除不予支付外,应根据《苏州市城镇职工基本医疗保险管理办法》的规定予以处罚。
第十二条 为切实保障改制企业职工和退休人员的补充医疗保险待遇,对企业改制时剥离留存的应付工资和福利费的实际结余额,应由企业一次性或分期交市社保中心托管。市社保中心对此项资金实行专户管理,用 3-5 年时间分摊追记入资金托管企业职工和退休人员的医疗保险个人账户。
第十三条 本办法实施后,有条件的用人单位应当继续按照《苏州市市区企业补充医疗保险暂行办法》(苏府〔 2002 〕 45 号)的规定,采取多种形式建立单位补充医疗保险。补充医疗保险费在职工工资总额的 3% 以内计提,从成本中列支。
第十四条 财政全额拨款、实行公务员医疗补助的单位和人员,仍按《苏州市市区国家公务员医疗补助暂行办法》执行。
第十五条 市劳动和社会保障局、市财政局可根据地方补充医疗保险统筹基金的实际承受能力、参保职工的负担水平和经济发展的实际情况,对缴费标准和相关待遇提出调整意见,经市政府批准后执行。
第十六条 本办法自 2004 年 4 月 1 日起 施行,其中用人单位缴纳 1% 的地方补充医疗保险统筹基金自 2004 年 5 月 1 日起 执行。各县级市可结合本地实际参照执行。
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镇宁布依族苗族自治县执行《中华人民共和国婚姻法》变通规定
镇宁布依族苗族自治县执行《中华人民共和国婚姻法》变通规定
贵州省人大常委会
(1985年9月20日镇宁布依族苗族自治县第五届人民代表大会常务委员会第五次会议通过 1985年12月18日贵州省第六届人民代表大会常务委员会第十六次会议批准)
第一条 根据《中华人民共和国婚姻法》的基本原则和镇宁布依族苗族自治县少数民族婚姻家庭的实际情况,制定本变通规定。
第二条 实行婚姻自由。结婚必须男女双方自愿,反对父母、家族、亲友及其他人包办。
禁止任何人以暴力、胁迫和其他手段逼婚、拐婚和抢婚。
反对任何包办形式的订婚。订婚不具有法律上的约束力。
第三条 结婚年龄,男不得早于二十周岁,女不得早于十八周岁。
第四条 要求结婚的男女双方,必须亲自到乡(镇)人民政府或县人民政府指定的村民委员会登记,取得结婚证,才能确立夫妻关系。不登记仅举行婚姻仪式,不能作为确立夫妻关系的合法依据。
第五条 禁止三代以内有旁系血亲关系的姨表、姑表之间结婚。
第六条 禁止重婚纳妾,反对任何目的的假离婚。
第七条 提倡从简办婚事,反对借婚姻索取财物。
第八条 坚持男女平等,父母和子女均有互相抚(赡)养的义务和依法继承财产的权利。
女儿有招夫上门的权利;男到女家结婚落户应予支持,上门女婿有赡养岳父母的义务和依法继承其遗产的权利,任何人不得限制和干涉。
第九条 夫妻一方死亡后,另一方有再婚和依法处理其继承财产的权利,任何人不得干涉。
第十条 保护女婴和生女孩的母亲,禁止遗弃女婴和其他残害女婴的行为,对女孩和生女孩的母亲,不得歧视和虐待。
第十一条 无子女户依法收养他人子女的,任何人不得干涉;养父母和养子女间均有抚(赡)养的义务和依法继承财产的权利,均应互相尊重和爱护,不得歧视,虐待和遗弃。
第十二条 夫妻双方自愿离婚的,须到当地乡(镇)人民政府办理离婚手续;一方要求离婚的,经调解无效,必须经当地人民法院(法庭)判决;未领取离婚证或未经法院(法庭)判决离婚,而与他人结婚的,按重婚罪论处。
除乡(镇)人民政府、街道办事处和法院(法庭)外,任何组织和个人无权办理离婚手续。
第十三条 不同民族男女双方自愿结婚的,任何人不得歧视和干涉;其子女族属和姓氏,未成年由父母商定,成年后由子女自定。
第十四条 本规定适用于我县境内的少数民族男女和与我县少数民族男女结婚的汉族男女。
第十五条 本规定未作变通和补充的,按《中华人民共和国婚姻法》的规定执行。
第十六条 违反本规定者,区别不同情况,进行批评教育或给予必要的行政处分,情节严重的要依法制裁。
第十七条 本规定的解释权属县人民代表大会常务委员会。
第十八条 本规定经县人大常委会通过,报贵州省人大常委会批准后公布施行。
1985年12月18日
JOINT DECLARATION OF THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA ON THE QUESTION OF HONG KONG ——附加英文版
JOINT DECLARATION OF THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA ON THE QUESTION OF HONG KONG
WHOLE DOCUMENT
Government of the United Kingdom of Great Britain and Northern
Ireland
the Government of the People's Republic of China have reviewed
with
sfaction the friendly relations existing between the two
Governments
peoples in recent years and agreed that a proper negotiated
settlement
he question of Hong Kong, which is left over from the past, is
con-
ve to the maintenance of the prosperity and stability of Hong Kong
and
he further strengthening and development of the relations between
the
countries on a new basis. To this end, they have, after talks
between
delegations of the two Governments, agreed to declare as follows:
he Government of the People's Republic of China declares
that to
ver the Hong Kong area (including Hong Kong Island, Kowloon and
the
Territories, hereinafter referred to as Hong Kong) is the
common
ration of the entire Chinese people, and that it has decided to
resume
exercise of sovereignty over Hong Kong with effect from 1 July
1997.
he Government of the United Kingdom declares that it will restore
Hong
to the People's Republic of China with effect from 1 July 1997.
he Government of the People's Republic of China declares
that the
c policies of the People's Republic of China regarding Hong Kong
are
ollows:
Upholding national unity and territorial integrity and taking
account
he history of Hong Kong and its realities, the People's
Republic of
a has decided to establish, in accordance with the
provisions of
cle 31 of the Constitution of the People's Republic of China, a
Hong
Special Administrative Region upon resuming the
exercise of
reignty over Hong Kong.
The Hong Kong Special Administrative Region will be directly
under the
ority of the Central People's Government of the People's
Republic of
a. The Hong Kong Special Administrative Region will enjoy
a high
ee of autonomy, except in foreign and defence affairs which are
the
onsibilities of the Central People's Government.
The Hong Kong Special Administrative Region will be
vested with
utive, legislative and independent judicial power, including
that of
l adjudication. The laws currently in force in Hong Kong will
remain
cally unchanged.
The Government of the Hong Kong Special Administrative Region
will be
osed of local inhabitants. The chief executive will be
appointed by
Central People's Government on the basis of the results of
elections
onsultations to be held locally. Principal officials will be
nominated
he chief executive of the Hong Kong Special Administrative Region
for
intment by the Central People's Government. Chinese and
foreign
onals previously working in the public and police services
in the
rnment departments of Hong Kong may remain in employment. British
and
r foreign nationals may also be employed to serve as advisers or
hold
ain public posts in government departments of the Hong Kong
Special
nistrative Region.
The current social and economic systems in Hong Kong will
remain
anged, and so will the life-style. Rights and freedoms,
including
e of the person, of speech, of the press, of assembly, of
association,
ravel, of movement, of correspondence, of strike, of
choice of
pation, of academic research and of religious belief will be
ensured
aw in the Hong Kong Special Administrative Region. Private
property,
rship of enterprises, legitimate right of inheritance and
foreign
stment will be protected by law.
The Hong Kong Special Administrative Region will retain the
status of
ee port and a separate customs territory.
The Hong Kong Special Administrative Region will retain the
status of
nternational financial centre, and its markets for foreign
exchange,
, securities and futures will continue. There will be free
flow of
tal. The Hong Kong dollar will continue to circulate and remain
freely
ertible.
The Hong Kong Special Administrative Region will have
independent
nces. The Central People's Government will not levy taxes on the
Hong
Special Administrative Region.
The Hong Kong Special Administrative Region may establish
mutually
ficial economic relations with the United Kingdom and other
countries,
e economic interests in Hong Kong will be given due regard.
Using the name of "Hong Kong, China", the Hong Kong
Special
nistrative Region may on its own maintain and develop
economic and
ural relations and conclude relevant agreements with states,
regions
relevant international organizations. The Government of the
Hong Kong
ial Administrative Region may on its own issue travel
documents for
y into and exit from Hong Kong.
The maintenance of public order in the Hong Kong
Special
nistrative Region will be the responsibility of the Government
of the
Kong Special Administrative Region.
The above-stated basic policies of the People's Republic of
China
rding Hong Kong and the elaboration of them in Annex I to this
Joint
aration will be stipulated, in a Basic Law of the Hong Kong
Special
nistrative Region of the People's Republic of China, by the
National
le's Congress of the People's Republic of China, and they will
remain
anged for 50 years.
he Government of the United Kingdom and the Government of the
People's
blic of China declare that, during the transitional period
between the
of the entry into force of this Joint Declaration and 30 June
1997,
Government of the United Kingdom will be responsible
for the
nistration of Hong Kong with the object of maintaining and
preserving
economic prosperity and social stability; and that the
Government of
People's Republic of China will give its cooperation
in this
ection.
he Government of the United Kingdom and the Government of the
People's
blic of China declare that, in order to ensure a smooth
transfer of
rnment in 1997, and with a view to the effective
implementation of
Joint Declaration, a Sino-British Joint Liaison Group will be set
up
this Joint Declaration enters into force; and that it
will be
blished and will function in accordance with the provisions of
Annex
o this Joint Declaration.
he Government of the United Kingdom and the Government of the
People's
blic of China declare that land leases in Hong Kong and other
related
ers will be dealt with in accordance with the provisions of Annex
III
his Joint Declaration.
he Government of the United Kingdom and the Government of the
People's
blic of China agree to implement the preceding declarations
and the
xes to this Joint Declaration.
his Joint Declaration is subject to ratification and shall enter
into
e on the date of the exchange of instruments of ratification,
which
l take place in Beijing before 30 June 1985. This Joint
Declaration
its Annexes shall be equally binding. Done in duplicate at
Beijing on
ecember 1984 in the English and Chinese languages, both texts
being
lly authentic.
the For the
rnment of the United Kingdom Government of the
reat Britain and Northern Ireland People's Republic of China
rate Thatcher Zhao Ziyang
ANNEX I: ELABORATION BY THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF
CHINA OF ITS BASIC POLICIES REGARDING HONG KONG
Government of the People's Republic of China elaborates the
basic
cies of the People's Republic of China regarding Hong Kong as set
out
aragraph 3 of the Joint Declaration of the Government of the
United
dom of Great Britain and Northern Ireland and the Government of
the
le's Republic of China on the Question of Hong Kong as follows:
Constitution of the People's Republic of China stipulates in
Article
hat "the state may establish special administrative
regions when
ssary. The systems to be instituted in special administrative
regions
l be prescribed by laws enacted by the National People's
Congress in
light of the specific conditions." In accordance with this
Article,
People's Republic of China shall, upon the resumption of the
exercise
overeignty over Hong Kong on 1 July 1997, establish the Hong
Kong
ial Administrative Region of the People's Republic of China.
The
onal People's Congress of the People's Republic of China shall
enact
promulgate a Basic Law of the Hong Kong Special Administrative
Region
he People's Republic of China (hereinafter referred to as the
Basic
in accordance with the Constitution of the People's
Republic of
a, stipulating that after the establishment of the Hong Kong
Special
nistrative Region the socialist system and socialist policies
shall
be practised in the Hong Kong Special Administrative Region and
that
Kong's previous capitalist system and life-style shall
remain
anged for 50 years.
Hong Kong Special Administrative Region shall be directly
under the
ority of the Central People's Government of the People's
Republic of
a and shall enjoy a high degree of autonomy. Except for foreign
and
nce affairs which are the responsibilities of the Central
People's
rnment, the Hong Kong Special Administrative Region shall be
vested
executive, legislative and independent judicial power, including
that
inal adjudication. The Central People's Government shall
authorise the
Kong Special Administrative Region to conduct on its own
those
rnal affairs specified in Section XI of this Annex.
government and legislature of the Hong Kong Special
Administrative
on shall be composed of local inhabitants. The chief executive
of the
Kong Special Administrative Region shall be selected by
election or
ugh consultations held locally and be appointed by the
Central
le's Government. Principal officials (equivalent to Secretaries)
shall
nominated by the chief executive of the Hong Kong
Special
nistrative Region and appointed by the Central People's
Government.
legislature of the Hong Kong Special Administrative Region
shall be
tituted by elections. The executive authorities shall abide by
the law
shall be accountable to the legislature.
ddition to Chinese, English may also be used in organs of
government
in the courts in the Hong Kong Special Administrative Region.
t from displaying the national flag and national emblem
of the
le's Republic of China, the Hong Kong Special Administrative
Region
use a regional flag and emblem of its own.
r the establishment of the Hong Kong Special Administrative
Region,
laws previously in force in Hong Kong (i. e. the common law, rules
of
ty, ordinances, subordinate legislation and customary law)
shall be
tained, save for any that contravene the Basic Law and subject
to any
dment by the Hong Kong Special Administrative Region legislature.
The
slative power of the Hong Kong Special Administrative Region
shall be
ed in the Legislature of the Hong Kong Special Administrative
Region.
legislature may on its own authority enact laws in accordance with
the
isions of the Basic Law and legal procedures, and report them to
the
ding Committee of the National People's Congress for the record.
Laws
ted by the legislature which are in accordance with the Basic Law
and
l procedures shall be regarded as valid.
laws of the Hong Kong Special Administrative Region shall be the
Basic
and the laws previously in force in Hong Kong and laws enacted
by the
Kong Special Administrative Region legislature as above.
r the establishment of the Hong Kong Special Administrative
Region,
judicial system previously practised in Hong Kong shall be
maintained
pt for those changes consequent upon the vesting in the courts
of the
Kong Special Administrative Region of the power of
final
dication.
cial power in the Hong Kong Special Administrative Region
shall be
ed in the courts of the Hong Kong Special Administrative Region.
The
ts shall exercise judicial power independently and free
from any
rference. Members of the judiciary shall be immune from legal
action
espect of their judicial functions. The courts shall decide
cases in
rdance with the laws of the Hong Kong Special Administrative
Region
may refer to precedents in other common law jurisdictions.
Judges of
Hong Kong Special Administrative Region courts shall be
appointed by
chief executive of the Hong Kong Special Administrative Region
acting
accordance with the recommendation of an independent
commission
osed of local judges, persons from the legal profession and
other
ent persons. Judges shall be chosen by reference to their
judicial
ities and may be recruited from other common law
jurisdictions. A
e may only be removed for inability to discharge the functions
of his
ce, or for misbehaviour, by the chief executive of the
Hong Kong
ial Administrative Region acting in accordance with the
recommendation
tribunal appointed by the chief judge of the court of final
appeal,
isting of not fewer than three local judges.
Additionally, the
intment or removal of principal judges (i. e. those of the
highest
) shall be made by the chief executive with the endorsement of
the
Kong Special Administrative Region legislature and reported
to the
ding Committee of the National People's Congress for the record.
The
em of appointment and removal of judicial officers other than
judges
l be maintained.
power of final judgment of the Hong Kong Special Administrative
Region
l be vested in the court of final appeal in the Hong Kong
Special
nistrative Region, which may as required invite judges from
other
on law jurisdictions to sit on the court of final appeal.
osecuting authority of the Hong Kong Special Administrative
Region
l control criminal prosecutions free from any interference.
he basis of the system previously operating in Hong Kong, the
Hong
Special Administrative Region Government shall on its
own make
ision for local lawyers and lawyers from outside the Hong Kong
Special
nistrative Region to work and practise in the Hong Kong
Special
nistrative Region.
Central People's Government shall assist or authorise the Hong
Kong
ial Administrative Region Government to make appropriate
arrangements
reciprocal juridical assistance with foreign states.
r the establishment of the Hong Kong Special Administrative
Region,
ic servants previously serving in Hong Kong in all
government
rtment, including the police department, and members of the
judiciary
all remain in employment and continue their service
with pay,
wances, benefits and conditions of service no less
favourable than
re. The Hong Kong Special Administrative Region government
shall pay
uch persons who retire or complete their contracts, as well
as to
e who have retired before 1 July 1997, or to their dependants,
all
ions, gratuities, allowances and benefits due to them on terms
no less
urable than before, and irrespective of their nationality or
place of
dence.
Hong Kong Special Administrative Region Government may employ
British
other foreign nationals previously serving in the public
service in
Kong, and may recruit British and other foreign nationals
holding
anent identity cards of the Hong Kong Special Administrative
Region to
e as public servants at all levels, except as heads
of major
rnment departments (corresponding to branches or
departments at
etary level) including the police department, and as deputy
heads of
of those departments. The Hong Kong Special Administrative
Region
rnment may also employ British and other foreign nationals as
advisers
overnment departments and, when there is a need, may recruit
qualified
idates from outside the Hong Kong Special Administrative
Region to
essional and technical posts in government departments,
The above
l be employed only in their individual capacities and, like
other
ic servants, shall be responsible to the Hong Kong
Special
nistrative Region Government.
appointment and promotion of public servants shall be on the basis
of
ifications, experience and ability. Hong Kong's previous
system of
uitment, employment, assessment, discipline, training and
management
the public service (including special bodies for appointment, pay
and
itions of service) shall, save for any provisions providing
privileged
tment for foreign nationals, be maintained.
Hong Kong Special Administrative Region shall deal on its own
with
ncial matters, including disposing of its financial
resources and
ing up its budgets and its final accounts. The Hong Kong
Special
nistrative Region shall report its budgets and final accounts to
the
ral People's Government for the record. The Central
People's
rnment shall not levy taxes on the Hong Kong Special
Administrative
on. The Hong Kong Special Administrative Region shall
use its
ncial revenues exclusively for its own purposes and they shall
not be
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