The Special Cases provisionally provided for in the Pension Laws
法令番号: 法律第36号
公布年月日: 昭和21年10月15日
法令の形式: 法律

審議経過

I hereby give My Sanction to the Special Cases provisionally provided for in the Pension Laws for which the concurrence of the Imperial Diet has been obtained and cause the same to be promulgated.
Signed:HIROHITO, Seal of the Emperor
This fourteeth day of the tenth month of the twentyfirst year of Showa (October 14, 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
Minister 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.36
The Special Cases provisionally provided for in the Pension Laws
Article 1.　In case of the application of the provisions of Article 18 of the Pension Laws, "2 per cent," "1 per cent" and "0.5 per cent" in the said article shall read respectively "0.5 per cent," "0.25 per cent" and "0.125 per cent" for the time being.
In case of the application of the provisions of Article 59, "1 per cent" and "2 per cent" in the said article shall read respectively "0.5 per cent" for the time being.
Article 2.　In respect to the reduction of an ordinary pension under the provisions of, Item 4 of Paragraph 1, Article 58 of the Pension Laws, a person whose pension is not less than one thousand yen per annum and whose income other than a pension exceeds ten thousand yen, shall, irrespective of the provisions of the said article, receive a pension, reduced by the amount which shall be prescribed in the following classification for the time being.
1.　A person whose total income per annum, including annual amount of a pension and annual amount of income other than a pension, does not exceed twelve thousand yen, shall receive a pension, reduced by the amount which corresponds to 15 per cent of the amount exceeding eleven thousand yen, provided, however, that the actual amount of a pension to be received shall not be less than one thousand yen per annum.
2.　A person who has a total income per annum, including annual amount of a pension and annual amount of income other than a pension which exceeds twelve thousand yen, but which is less than fifteen thousand yen, shall-receive a pension, reduced by the amount which corresponds to the total of the amount corresponding to 15 per cent of the amount, which exceeds eleven thousand yen, but which is less than twelve thousand yen and of the amount corresponding to 20 per cent of the amount exceeding twelve thousand yen, provided, however, that the actual amount of a pension to be received shall not be less than one thousand yen per annum, and that the annual amount to be reduced shall not exceed 20 per cent of the annual amount of a pension.
3.　A pension whose total income per annum including annual amount of a pension and annual amount of income other than a pension exceeds fifteen thousand yen, but is less than twenty thousands yen, shall receive a pension, reduced by the amount which corresponds to the total of the amount corresponding to 15 per cent of the amount which exceeds eleven thousand yen but which is less than twelve thousand yen and of the amount corresponding to 20 per cent of the amount which exceeds twelve thousand yen, but which is less than fifteen thousand yen and of the amount corresponding to 25 per cent of the amount exceeding fifteen thousand yen, provided, however, that the actual amount of a pension to be received shall not be less than one thousand yen per annum and that the annual amount to be reduced, shall not exceed 25 per cent of the annual amount of a pension.
4.　A person whose total income per annum, including annual amount of a pension and annual amount of income other than a pension, exceeds twenty thousand yen, shall receive a pension, reduced by the amount which corresponds to the total of the amount corresponding to 15 per cent of the amount which exceeds eleven thousand yen, but which is less than twelve thousand yen and of the amount corresponding to 20 per cent of the amount which exceeds twelve thousand yen, but which is less than fifteen thousand yen and of the amount corresponding to 25 per cent of the amount which exceeds fifteen thousand yen, but which is less than twenty thousand yen, and of the amount corresponding to 30 per cent of the amount exceeding twenty thousand yen, provided, however, that the actual amount to be received, shall not be less than one thousand yen per annum and that the annual amount to be reduced, shall not exceed 30 per cent of the annual amount of at pension.
Article 3.　The calculation of the annual amount of an ordinary pension and the amount of a lump sum retirement allowance or a lump sum allowance for the bereaved family shall, irrespective of the amount of salary at the time of retirement or death, be based on the provisional amount of salary, proportionally corresponding to the actual amount of salary respectively, as is shown in the Annexed Table No.1, for the time being.
Article 4.　The application of the provisions of Article 65 of the Pension Law shall, irrespective of the Annexed Table No.2 to the said Law, be based on the Annexed Table No.2 for the time being.
Article 5.　The application of the provisions of Article 65-2 of the Pension Law shall, irrespective of the Annexed Table No.3 to the said Law, be based on the Annexed Table No.3 for the time being.
In case of application of the proviso to Paragraph 1 of Article 65-2 of the Pension Law, "75 per cent" in the proviso to the said paragraph shall read "79 per cent" for the time being.
Article 6.　The application of the provisions of Article 75 of the Pension Law shall be based respectively for the time being on the Annexed Table No.4, No.5, No.6 and No.7, instead of the Annexed Table No.5, No.6 and No.7 and No.8 of the said Law.
Supplementary Provisions:
Article 7.　The present Law shall be applicable as from July 1, 1946.
Article 8.　A person who is entitled to an increased pension (excluding those provided for in Article 5 of the Imperial Ordinance No.68 of 1946), a disability annuity or an allowance for the bereaved family as provided in Paragraph 1, Items 2 and 4 inclusive of Article 75 of the Pension Law of each of which the cause for receiving a pension has occured on or before June 30, 1946, shall receive from the month of July onwards an account of money which is equivalent to 350 per cent of the amount of the pension for the time being.
Article 9.　In case of a person who retired from his office on or before June 30, 1946 and who received an increased pension or a disability annuity, and who was reappointed to a post and retired on or after July 1 of the same year "the difference" referred to in each item of Paragraph 2 of Article 55 of the Pension Law shall, in the application of the provisions of Article 55 and Article 55-2 of the said Law, be the amount corresponding to 350 per cent of the difference for the time being.
Article 10.　To the calculation of the amount of a pension to which the provisions of the present Law shall be applicable, the provisions of the Law No.13 of 1932 shall not be applied.
Article 11.　In the application of the provisions of the present Law to the governmental official as contemplated in Paragraph 4 of the proviso to the Supplementary Provisions of the Imperial Ordinance No.435 of 1946, special provisions may be prescribed by Imperial Ordinance.
Article 12.　Such matters as may be necessary for the enforcement of the present Law shall be prescribed by Imperial Ordinance.
No Translatiion
Annexed Table No.1
A. Officials of 1st, 2nd and 3rd Class or persons treated as such
Actual account of salary (per month)
No Translatiion
\
\
300
45
330
50
360
55
290
65
420
75
460
85
500
95
540
105
580
115
620
125
660
135
700
145
750
160
800
175
850
190
900
205
950
220
1,000
240
1,050
260
1,100
280
1,150
300
1,200
320
1,300
360
1,400
400
1,500
440
1,600
480
1,700
520
1,800
560
1,900
600
2,000
650
In case of a salary the actual amount of which is not the same with any item in the above table, its provisional salary shall be the one corresponding proportionately to the next bigger amount of salary as shown in the table.
B. Officials of shinnin Rank.
Actual amount of salary (per month)
Provisional amount of salary per month)
\
\
2,000
550
2,100
600
2,200
650
2,500
700
3,000
1,000
In case of a salary, the actual amount of which is not the same with any item in the table, its provisional salary shall be the one corresponding proportionately to the next bigger amount of salary as shown in the table.
Annext Table No.2
Rank
Cause of Disability
Class
Shinnin Rank
1st Class officials
Persons treated as such
2nd Class officials
persons treated as such
3rd Class officials
persons treated as such
person whose monthly salary is above \1,050 at the time of retirement
person whose monthly salary is below \1,050 the time of retirement
person whose monthly salary is above \800 at the time of retirement
person whose monthly salary is below \800 and above \390 at the time of retirement
person whose monthly salary is below \390 at the time of retirement
Section A
Special Public Duties
\
\
\
\
\
\
Special
1st
8,400
6,930
5,460
4,914
4,505
4,095
2nd
7,000
5,513
4,389
3,948
3,619
3,290
3rd
5,600
4,410
3,511
3,161
2.898
2,632
4th
4,480
3,360
2,685
2,415
2,216
2,013
5th
3,500
2,625
2,055
1,848
1,694
1,540
6th
2,800
2,100
1,610
1,449
1,330
1,208
7th
1,869
1,400
1,075
966
886
805
Section B
Ordinary Public Duties
\
\
\
\
\
\
Special
1st
6,720
5,544
4,368
3,934
3,605
3,276
2nd
5,600
4,410
3,514
3,161
2,898
2,632
3rd
4,480
3,528
2,811
2,531
2,321
2,107
4th
3,584
2,688
2,149
1,932
1,775
1,610
5th
2,800
2,100
1,645
1,481
1,358
1,232
6th
2,240
1,680
1,288
1,162
1,064
966
7th
1,498
1,120
861
774
711
644
The amount of special class shall be the total of the amount of 1st class and of the amount corresponding to 50 per cent of the said amount.
Annexed Table No.3
Rank
Cause of Disability
Class
Official of 3rd Class
Persons treated as such
Person whose monthly salary is above \800 at the time of retirement
Person whose monthly salary is below \800 and above \390 at the time of retirement
Person whose monthly salary is below \390 at the time of retirement
Section A
Special Public Duties
\
\
\
1st Class
1,218
1,117
1,015
2nd
924
847
770
3rd
756
693
630
4th
630
758
525
Section B
Ordinary Public Duties
\
\
\
1st Class
977
896
812
2nd
742
679
616
3rd
606
557
504
4th
504
462
420
The amount of money which shall be paid to the officials of 1st or 2nd class or to those persons treated as such shall be the total of the amount which shall be paid to a person whose monthly salary is above \800 at the time of retirement and of the amount corresponding to 10 per cent of the said amount.
Annexed Table No.4
Rank
Shinnin Rank:
Officials of 1st Class;
Persons treated as such
Officials of 2nd Class;
Persons treated as such
Officials of 3rd Class;
Persons treated as such
Person whose salary (per month) is above \1,050 at the time of retirement
Person whose salary is below \1,050 and above \850 at the time of retirement
Person whose salary is below \850 and above \700 at the time of retirement
Person whose salary is below \700 at the time of retirement
Person whose salary is above \800 at the time of retirement
Person whose salary is below \800 and above \580 at the time of retirement
Person whose salary is below \580 and above \390 at the time of retirement
Person whose salary is below \380 at the time of retirement
Percentage
%
%
%
%
%
%
%
%
%
840
910
980
1015
1085
1155
1365
1435
1505
Annexed Table No.5
Rank
Shinnin Rank:
Officials of 1st Class;
persons treated as such
Officials of 2nd Class;
Persons treated as such
Officials of 3rd Class;
Persons treated as such
Person whose salary (per month) is above \1,050 at the time of retirement
Person whose salary is below \1,050 and above \850 at the time of retirement
Person whose salary is below \850 and above \700 at the time of retirement
Person whose salary is below \700 at the time of retirement
Person whose salary is above \800 at the time of retirement
Person whose salary is below \800 and above \580 at the time of retirement
Person whose salary is below \580 and above \390 at the time of retirement
Person whose salary is below \390 at the time of retirement
Percentage
%
%
%
%
%
%
%
%
%
672
728
784
812
868
924
1092
1148%
1204%
Annexed Table No.6
Rank
Shinnin Rank
Officials of 1st Class;
Persons treated as such
Officials of 2nd Class;
Persons treated as such
Officials of 3rd Class;
Persons treated as such
Person whose salary (per month) is above \1,050 at the time of retirement
Person whose salary is below \1,050 at the time of retirement
Person whose salary is above \800 at the time of retirement
Person whose salary is below \800 and above \390 at the time of retirement
Person whose salary is below \390 at the time of retirement
Percentage
%
%
%
%
%
%
504
546
588
588
630
651
Annexed Table No.7
Rank
Number of the bereaved family
Shinnin Rank:
Officials of 1st Class;
Person streated as such
Officials of 2nd Class;
Persons treated as such
Officials of 3rd Class;
Persons treated as such
Person whose salary (per month) is above \1,050 at the time of retirement
Person whose salary is below \1,050 at the time of retirement
Person whose salary is above \800 at the time of retirement
Person whose salary is below \800 and above \390 at the time of retirement
Person whose salary is below \390 at the time of retirement
3
%
%
%
%
%
%
5
10
20
20
25
25
In case where the number of the bereaved family is more than 3 persons, the percentage to be applied to the increase per person shall be as follows: In the case of an allowance to the bereaved family of a person of Shinnin Rank, or 1st Class or person treated as such, 5 per cent shall be added to the percentage to be applied to the case of three persons as shown in the above table. In the case of an allowance to the bereaved family of a person of 2nd Class or a person treated as such, whose salary is above \1,050 at the time of retirement, 7.5 per cent shall be added to the percentage of three persons. In the case of an allowance to the bereaved family of a person of 2nd Class or a person treated as such, whose salary is below \1,050 at the time of retirement and also in the case of a person of 3rd Class or person treated as such, 10 per cent shall be added to the percentage of three persons.