法令番号: 法律第31号
公布年月日: 昭和21年9月30日
法令の形式: 法律
I hereby give My Sanction to the Law concerning the partial amendment to the Pension Law, approved of by the Imperial Diet and cause the same to be promulgated.
Signed:HIROHITO, Seal of the Emperor
This twenty-eighth day of the ninth month of the twenty-first year of Showa (September 28, 1946)
Countersigned: Prime Minister and concurrently Minister for Foreign Affairs YOSHIDA Shigeru
Minister of State Baron SHIDEHARA Kijuro
Minister of Justice KIMURA Tokutaro
Minister for Home Affairs OMURA Seiichi
Minister of Education TANAKA Kotaro
Minister of Agriculture and Forestry WADA Hiroo
Minister of State SAITO Takao
Minister of Communications HITOTSUMATSU Sadayoshi
Mnisiter of Commerce and Industry HOSHIJIMA Niro
Minister of Welfare KAWAI Yoshinari
Minister of State UEHARA Etsujiro
Minister of Transportation HIRATSUKA Tsunejiro
Minister of Finance ISHIBASHI Tanzan
Minister of State KANAMORI Tokujiro
Minister of State ZEN Keinosuke
Law No.31
A part of Pension Law shall be amended as follows:
In Article 2 "A grant for the sick and wounded." shall be deleted.
In Paragraph 2 of Article 9, "Imprisonment less than one year as provided in Military Penal Law or Naval Penal Law is not included" shall be deleted.
In Article 16, "fu, ken" (urban prefecture, prefecture) shall read "to, fu, ken" (metropolis, urban prefecture, prefecture). Item 2 of the same article shall be deleted. In Item 3 of the same article "excepting those in Korea, Formosa and Saghalien" shall be deleted. In the proviso of Item 4 of the same article, "excepting temporary pension for the staffs of designated overseas schools and educational staffs in Saghalien" shall be deleted. The proviso of Item 6 of the same article shall be deleted.
In Article 17, "Item 2" shall be deleted and "fu, ken" (urban prefecture, prefecture) shall read "to, fu, ken" (metropolis, urban prefecture, prefecture).
In Article 18 the proviso of Paragraph 1 shall be deleted, and in Paragraph 3 of the same article "established by do, fu, ken" (Hokkaido, urban prefecture, prefecture) shall read "established by to, do, fu, ken" (Tokyo Metropolis, Hokkaido, urban prefecture, prefecture).
In Paragraph 1 of Article 19, "military men" shall be deleted and "and police and prison officials as well as officials treated as such as provided in Article 24" shall read "police and prison officials as well as officials treated as such." In Paragraph 2 of the same article "quasimilitary men" shall be deleted.
In Paragraph 1 of Article 20 "military officers or officials excepting those of the Imperial Household Ministry" shall read "those who serve in offices excepting the Imperial Household Ministry and who are not educational staffs or police and prison officials." In Paragraph 2 of the same article "probationers of higher civil service or probationers of Hannin rank and those officials who serve in government offices without pay from the national treasury" shall read "probationers of 2nd class and probationers of 3rd class and those officials who serve in government offices without pay from the national treasury (excepting educational staffs and police and prison officials)."
Article 21 shall be deleted.
Paragraph 1 of Article 22 shall be amended as follows and Paragraph 2 of the same article shall be deleted.
Educational staffs mean those who hold such official positions as staffs at public schools, kindergartens or public libraries.
Article 23. The police and prison officials consist of the following:
1. Local secretaries or local technicians who are assistant police inspectors, policemen, assistant firemen, assistant fire-engineers or subordinate firemen.
2. Sergeants-at-arms of the House of Peers and the House of Representatives.
3. Judicial secretaries who are vice-chief jailors or jailers.
Article 24. Persons treated as officials are those who are treated as officials of 3rd class or above and designated as such in the Imperial Ordinance.
Article 25. "To assume office" means in this Law to come under one of the following items:
1. In the case of civil officials and educational officials, it means "to be appointed to a Government office," provided that in the case of civil officials appointed for life it means "to be reinstated as well as to be appointed."
2. In the case of police and prison officials who are government officials, it means "to be appointed to a Government office" and in other cases "to be appointed to a post" provided that when sergeants-at-arms of the House of Peers or the House of Representatives who are treated as officials of Hannin rank are appointed to be seageants-at-arms of the House of Peers or the House of Representatives of Hannin rank or when sergeants-at-arms of the House of Peers or the House of Representatives of Hannin rank are appointed to be sergeants-at-arms of the House of Representatives treated as officials of Hannin rank it is regarded as "to be transferred."
3. In the case of persons treated as officials "to be appointed to a post."
Article 26. "To retire from office" means in this Law to come under one of the following items:
1. In the case of civil officers and educational staffs, it means "to be relieved of government office (Menkan)," "to be discharged" (Taikan) or "to be dismissed from government office (Shikkan), provided that in the case of civil officials appointed for life" to retire from (Taishoku) besides to be relieved of (Menkan), discharged (Taikan) or dismissed (Shikkan) from government office."
2. In the case of police and prison officials who are government officials, it means"to be relieved of government office (Menkan), discharged (Taikan) or dismissed (Shikkan) from government office, and in other cases to be relieved of service, retire from service (Taishoku) or dismissed from service (Shis shoku).
3. In the case of persons treated as officials to be relieved of service, retire from service or dismissed from service.
In case an educational official is transferred to a civil official or a police and prison official who is a government official and a police and prison official who is a government official is transferred to a civil official or an educational official, he is regarded as to have retired from service (Taishoku).
In Paragraph 1 of Article 27, "and assistant educational staffs" shall be added next to "assistant civil official," and Paragraphs 2 and 3 shall both be deleted.
Article 28-2 shall be deleted.
In Article 30, "military men or" and "as for military men of the rank of quasi-officers or above, till they serve for full thirteen years, and as for military men of the rank of non-commissioned officers or below as well as police and prison officials" shall be deleted.
Article 32 shall be deleted.
Article 32-2 shall be deleted.
Article 34 shall be deleetd.
Article 35 shall be deleted.
Article 36 shall be deleted.
Article 37 shall be deleted.
Article 37-2 shall be deleted.
The latter part of Paragraph 1 of Article 39 shall be deleted.
In Paragraph 1 of Article 40, "from Article 32 to the preceding article" shall read "Articles 33.38 and the preceding article."
In Article 40-2, "released before the expiration of his term" shall be deleted.
In Item 4 of Article 41, "condemned to death or to penal servitude or to imprisonment exceeding one year according to the Military Penal Law or Naval Penal Law, or according to other laws and ordinances" shall be deleted.
Item 2, Paragraph 1, Article 42, shall be deleted, and in Item 3 of the same Paragraph, "probationer of higher civil service or probationer of Hannin rank" shall read "probationer of Second Class or probationer of Third Class." In Para.2 of the same article, "Quasi-military men or" and "respectively" and "militarymen or" shall all be deleted.
Paragraph 1 of Article 43 shall be deleted.
Article 47. The provisions of the preceding two articles shall be applied mutatis mutandis to those who get wounded or become ill owing to public service during the period of their public service as quasi-civil officials or educational staffs.
In Item 2, Paragraph 1, Article 48, "In the area designated by the Imperial Ordinance of" shall be deleted.
In Paragraph 1 of Article 49, "a battle or public duties corresponding to battle," shall read "special public duties," in Para.2 of the same article, "public duties corresponding to a battle" shall read "Special public duties," "grades and ranks" shall read "ranks and classes," and "educational staffs, police and prison officials, persons treated as officials" and "quasi-militarymen" shall be deleted.
In Item 2, Paragraph 1, Article 51, "condemned to death or to penal servitude or to imprisonment exceeding one year according to the Military Penal Law or Naval Penal Law or according to other laws or ordinances" shall be deleted. In Para.2 of the same article "proviso of Item 2, and proviso of Item 4" shall read "Para.2."
In Item 1, Paragraph 2, Article 55, "a battle or public duties, corresponding to a battle" shall read, "special public duties."
In the proviso of Item 1, Paragraph 1;Article 58, "when those who have received pensions as public officials other than military men, get employed as soldiers or sailors:when those who have received pensions as military men ranking quasi-officers or below or as quasimilitary men, get employed as public officials other than military men" shall be deleted.
In Article 59, "fu and ken" (urban prefecture, prefecture) shall read "to, fu and ken" (Tokyo Metropolis, urban prefecture, and prefecture);Para.2 of the same article, shall be deleted;in the proviso of Pam.3 of the same article, "in areas other than Korea, Formosa and Saghalien" and "(or salary)" shall be deleted, in Para.4 of the same article "(or salary)" shall be deleted and Para.6 of the same article shall be deleted.
The proviso of Para.1 of Article 59-2, shall be deleted;in Item 1 of the same paragraph, "(with regard to military or quasi-military man, the annual amount of the assumed salary mentioned in annexed table No.1, shall be their class salary, and so on)" shall be deleted, and Para.6 of the same article, shall be deleted.
Article 61 shall be deleted.
Article 61-2 shall be deleted.
In Para.3, Article 62, "vocational supplementary school" shall be deleted.
In Article 64-2, "without the order of calling out or some other compulsory measures" shall be deleted.
In Para.1 of Article 65 and Para.1 of Article 65-2 "grades and ranks" shall read "ranks and classes."
Article 66 shall be deleted.
Article 66-2 shall he deleted.
Article 68 shall be deleted.
In Para.1 of Article 75 "a battle or public duties corresponding to a battle" shall read "special public duties," "grades and ranks" shall read "ranks and classes," and Paras.2, 4, 5, of the same article, shall be deleted and in Para.3 of the same article, "Paragraph 1" shall read "the preceding paragraph."
In Para.1 of Article 82, "military men above quasiofficers in service from 3 years to less than 13 years, military men ranking as non-commissioned officers, or" shall be deleted.
Chapter 4, shall be deleted.
Article 91 shall be deleted.
Article 92 shall be deleted.
Annexed table No.1 shall be deleted.
In annexed table No.2, "a battle or public duties corresponding to a battle" shall read "special public duties," and the paragraph relating to grades and ranks shall be amended as follows:
Ranks and Classes
Shinnin rank
Second class
Third class
First class
Person treated as second class
Person treated as third class
and person treated as First class
Person whose salary is above \210 per month at the time of retirement.
Person whose salary is below \210 per month at the time of retirement.
Person whose salary is above \130 per month at the time of retirement.
Person whose salary is below \130 and above \60 per month at the time of retirement.
Person whose salary is below \60 per month at the time of retirement.
In annexed table No.3, "battle or public duties corresponding to a battle" shall read "special public duties," "officials of higher civil service" . shall read "officials of 1st class or 2nd class," "Persons of Hannin rank (1st grade)" shall read "those whose salary at the time of his retirement is more than 130 yen a month" and the paragraph relating to ranks and grades shall be amended as follows:
Ranks and Classes
Third class
or person treated as such
Person whose salary is above \130 per month at the time of retirement.
Person whose salary is below \130 and above \60 per month at the time of retirement.
Person whose salary is below \60 per month at the time of retirement.
Annexed table No.4 shall be deleted. Annexed table No.5 shall be amended as follows:
Annexed Table No.5.
Ranks, Classes
Shinnin rank
Second class
Third class
first class
Person treated as second class
Person treated as third class
and person treated as first
Person, whose salary is above \210 per month at the time of retirement
Person, whose salary is below \210 and above \150 per month at the time of retirement
Person, whose salary is below \150 and above \120 per month at the time of retirement
Person, whose salary is below \120 per month at the time of retirement
Person, whose salary is above \130 per month at the time of retirement
Person, whose salary is below \130 and above \90 per month at the time of retirement
Person, whose salary is below \90 and above \60 per month at the time of retirement
Person, whose salary is below \60 per month at the time of retirement
and Rate
%
%
%
%
%
%
%
%
%
240
260
280
290
310
330
390
410
430
Annexed Table No.6, shall be amended as follows:
Annexed Table No.6.
Ranks, Classes
Shinnin Rank
Second class
Third class
First class
Person treated as second class
Person treated as third class
Person treated as first class
Persons, whose salary is above ?210 per month at the time of retirement
Person, whose salary is below ?210 and above ?150 per month at the time of retirement
Person, whose salary is below ?150 and above ?120 per month at the time of retirement
Person, whose salary is below ?120 per month at the time of retirement
Person, whose salary is above \130 per month at the time of retirement
Person, whose salary is below ?130 and above ?90 per month at the time of retirement
Person, whose salary is below ?90 and above ?60 per month at the time of retirement
Person, whose salary is below \60 per month at the time of retirement
and Rate
%
%
%
%
%
%
%
%
%
192
208
224
232
248
264
312
328
344
Annexed table No.7 shall be amended as follows:
Annexed Table No.7.
Ranks, Classes
Shinnin rank
Second class
Third class
First class
Person treated as second class
Person treated as third class
Person treated as first class
Person, whose salary is above ?210 per month at the time of retirement
Person, whose salary is below ?210 per month at the time of retirement
Person, whose salary is above ?130 per month at the time of retirement
Person, whose salary is below \130 and above \60 per month at the time of retirement
Person, whose salary is below ?60 per month at the time of retirement
and Rate
%
%
%
%
%
%
144
156
168
168
180
186
In Annexed Table No.8 "persons of chokunin rank, persons treated as Chokunin rank, and generals or admirals shall read" persons of first class and persons treated as first class ";" officials of the higher civil service rank between third and fifth grade, persons treated as such, and officers with the rank between colonel and major in the army and between captain and lieutenant commander in the navy "shall read" persons of second class, whose salary per month is above \210 at the time of retirement, "officials of higher civil service of sixth grade or below, persons treated as such, and officers with the ranks of captain or below in the army and 1st lieutenant or below in the navy" shall read "persons of second class or persons treated as second class, whose salary per month is below \210 at the time of retirement and persons of third class or persons treated as third class" ;and the paragraph concerning the ranks and classes shall read as follows:
Ranks, Classes
Shinnin rank
Second class
Third class
First class
Person treated as second class
Person treated as third class
Person treated as first class
Person, whose salary is above ?210 per month at the time of retirement
Person, whose salary is below ?210 per month at the time of retirement
Person, whose salary is above ?130 per month at the time of retirement
Person, whose salary is below \130 and above \60 per month at the time of retirement
Person, whose salary is below ?60 per month at the time of retirement
Supplementary Provisions:
Article 1. The date of enforcement of the present Law shall be fixed by Imperial Ordinance. The provisions amended in Articles 16, 20, 22 to 27 inclusive, 42, 49, 51 Para.2, 55, 65, 65-2, 75 and Annexed Tables Nos.2, 3, 5, to 8, shall, however, be applied as from April 1, 1946.
Notwithstanding the provision prescribed in the proviso of the preceding paragraph, the amended provisions prescribed in the preceding proviso, regarding the educational staffs or quasi-educational staffs in national schools and other similar schools, shall be applied as from June 22, 1946.
Article 2. Regarding the public officials and quasi-public-officials under the previsions hitherto in force, they shall be governed by the previous instances.
Article 3. Regarding the grant for the sick and the wounded, they shall be governed by the previous instances, notwithstanding the amended provisions of Article 2, 66, or 66-2.
Article 4. Regarding the persons, condemned to imprisonment not exceeding one year, by the Military Penal Law or Naval Penal Law, they shall be governed by the previous instances, notwithstanding the amended provisions of Paragraph 2 of Article 9, Item 4 of Article 41, or Item 2, Para.1 of Article 50.
Article 5. Regarding the incidence of the pensions which was due by March 31, 1946, it shall be governed by the previous instances.
The pensions to be paid by the Local Economical Community in Korea, Formosa, Saghalien, Kwangtung State or South Sea Islands, and by the school association in Manchuria, shall be paid by the National Treasury, notwithstanding the amended provisions of Article 16 and those of the preceding paragraph.
Article 6. Regarding the application of the amended provisions prescribed in Item 3, Paragraph 1, Article 42, the 2nd class probationers shall include probationers of higher civil service, 3rd class probationers shall include Hannin rank probationers.
Article 7. The calculation of the term of service before the enforcement of the present Law shall be governed by the previous instances.
Article 8. Those who have contracted epidemics before the enforcement of the present law in areas provided in Item 2, Paragraph 1, Article 48 (unrevised) shall be governed by the previous instances.
Article 9. Those who were wounded or contracted disease in battle or in public service corresponding to a battle by March 31, 1946, shall be governed by the previous instances.
Article 10. The calculation of the annual sum of the increased pension or the annuity for the wounded and of the allowance in aid to be paid to the public officials or quasi-public officials and to their bereaved families who retired or deceased by March 31, 1946 (June 21, 1946 for educational officials or quasi-educational officials of primary schools or various quasi-primary schools) shall be governed by the previous instances.
Article 11. The aggregation of the term of service as officials of a foreign government or the return of the grant money received for those who have become officials of a foreign government with the consent of the authorities in the office at home to which such persons had belonged shall be governed by the previous instances.
Article 12. With regard to the application of Annexed Table No.2, No.3, and Nos.5-8, the officials of Chokunin or Sonin or Hannin rank, or those treated as such, who have been in office since April 1 of 1946, shall be regarded as the officials of 1st or 2nd or 3rd class or as those treated as such.