法令番号: 勅令第504号
公布年月日: 昭和21年10月31日
法令の形式: 勅令

審議経過

I hereby give My Sanction to the Imperial Ordinance conecrning the partial amendment of the Enforcement Ordinance of the Pensions Law, and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This thirtieth day of the tenth month of the twenty-first year of Showa (October 30, 1946)
Countersigned: Prime Minister　YOSHIDA Shigeru
Imperial Ordinance No. 504
A part of the Enforcement Ordinance of the Pension Law shall be amended as follows:
In Art. 1, Par. 3, "par. 3" shall read "Par. 2".
Art. 3.　The cases where the right of receiving the pensions is, in accordance with the provisions of Art. 12 of the Pensions Law, decided by other persons than the Director of the Pensions Bureau, shall be based on the following classifications:
1.　The pensions of the persons prescribed in Art. 6 of the Pensions Law, and of their bereaved families, shall be decided, in Tokyo Metropolis, by the Governor General of the said Metropolis (in case of the officials of the Metropolitan Police Board, by the Superintendent-General of the said Board), in Hokkaido, by the Governor-General of the Hokkaido Regional office, and in the prefecture, by the Governors of the respective prefectures.
2.　The pensions of the educational personnel and junior educatioal personnel of the national school, youth school, Kindergarten, school for the Blind, school for the Deaf and Dumb, and various schools like the national school, of public establishment, and those of their bereaved families shall be decided, in Tokyo Metropolis, by the Governor-General of the said Metropolis, in Hokkaido, by the Governor-General of the Hokkaido Regional office, and in the prefecture, by the Governors of the respective prefectures.
3.　The single pension of the educational personnel of the school or library of public establishment, except those mentioned in the preceding item, shall be decided, in Tokyo Metropolis, by the Governor-General of the said Metropolis, in Hokkaido, by the Governor-General of the Hokkaido Regional office, and in the prefectures, by the Governors of the respective prefectures.
4.　The pensions of the police or prison personnel who receive salaries from officers treasury and of their bereaved families shall be decided, in Tokyo Metropolis, by the Director-General of the said Metropolis, in. Hokkaido, by the Governor-General of the Hokkaido Regional office, and in the prefectures, by the Governors of the respective prefectures.
Art. 3.-II.　The pensions of the persons prescribed in Art. 6 and of the Pensions Law, and of their bereaved families, shall be, in accordance with the provisions of the proviso of Art. 16, Item 1 of the said Law, borne by the Metropolis and prefectures, or corresponding Local Economics.
In Art. 4, Par. 1, "in the previous one year" shall read "at that time" and "(as to the military person and quasimilitary person, the amount prescribed in Table No. 1 of Annexed Tables of the Pensions Law)" shall be deleted; in Par. 2, "the annual salary amount in one year previous to the death, shall be compuled by applying correspondingly to the provisions of Art. 59-II of the Pensions Law" shall read "to regard the compulation of the annual salary amount at the time of the death, the provisions of Art. 59-II shall be applied correspondingly to"; in Par. 4, item 2, "Art. 61, par. 4, Art. 61-II, par. 4" shall be deleted.
In Art. 4-II, par. 1, "(except the single pension of the personnel of the designated school in the foreign country)" shall be deleted, and "prefectures" shall read "Metropolis and prefectures".
Art. 6.　The persons mentioned below, shall not be paid by the National Treasury, but they shall be regarded as civil officials for the purpose of the application of the provisions of Art. 20 of the Pensions Law.
1.　Personnels prescribed in Art. 1-II of the Regulations Governing the Organization of Tokyo Motropolis.
2.　Personnels prescribed in Art. 1-II of the Regulations governing the Organization of the Metropolitan Police Board.
3.　Personnel prescribed in Art. 1-II of the Regulations governing the Organization of the Hokkaido Regional Office.
4.　Personnels prescribed in Art. 2 of the Regulations governing the Organization of the Local officials.
5.　Officials who are personnels of the City-Planning Local Committee.
Art. 7.　(deleted)
Art. 8.　(deleted)
Art. 9.　The junior educational personnels in Art. 22, par. 2 of the Pensions Law, shall mean probationer educational officials and junior teachers.
Art. 10.　The treated personnels in Art. 24 of the Pensions Law, shall mean the following persons:
1.　Personnels prescribed in the Regulations governing the Organization of the Health officials.
2.　Personnels prescribed in the Regulations governing the Organization of the Temporary Port Quarantine Station.
3.　Personnels prescribed in the Ordinance concerning the Personnels of the Juvenile Reformatory of Metropolitan, Regional, or Prefectural establishment.
Art. 11.　(deleted)
From Art. 11-II to Art. 11-IV (deleted)
Art. 12.　(deleted)
Art. 12-II (deleted)
Art. 13.　(deleted)
Art. 14.　(deleted)
Art. 14-II (deleted)
In Art. 17, par. 1, item 2, "services as the crew of the submarine out of the Naval Service or of the destroyed, torpedo-boat, sweeper-boat, counter-sub-boat or patrol-vessel in the Naval Service, of which the displacement is not exceeding 1,000 tons, or" shall be deleted.
Art. 20 shall be deleted.
Art. 19-II shall become Art. 20.
In Art. 22, "the area shall be what is prescribed in Table No. 3-II of annexed Tables, and the kinds of the epidemics of the same item" shall simply read "the kinds of the epidemics", and item 4 of the same Article shall be deleted.
In Art. 23, "public services corresponding to the battle" shall read "special services", item 1, 2 and 4 and items 2-II and 3 of the same Article shall be deleted, and in item 5, "at the time of arresting ruffians or" shall read "at the time of repressing mobs, and at the time of arresting ruffians or".
In Art. 24-III, par. 1 and par. 8, "Japan proper, Chosen, Taiwan, Karafuto, Kwantung State or South Sea Islands" shall read "the enforcement area of the Income Tax Law".
In Art. 24-1V, par. 1, "incomes prescribed in Art. 30, par. 1, item 2" shall read "interests of bonds, debentures, and deposits, and profits of joint-management-trusts".
In Art. 24-V, "to par. 4 and par. 6" shall read, "par. 4 and par. 4."
Art. 24-VI, par. 4 shall be deleted.
Art. 24-IX shall be deleted.
In Art. 25. "Rank-Grades" shall read "Grade-Classes", the probationer higher official shall be the junior (Hannin) official of the first rank, "the apprentice junior official shall be the junior official of the fourth rank" shall read "the probationer official of the second class shall be the person who was of the third class, and whose monthly salary at the time of retirement, was above 130 yen; the apprentice official of the third class shall be the person who was of the third class, and whose monthly salary at the time of retirement was below 60 yen," and "the official Ranks" shall be deleted.
Art. 26.　shall be deleted.
Art. 27.　The grade-classes for the purpose or application of the provisions concerning the wound or sickness in the public service of the quasi-educational personnels, shall be in accordance with the examples of the grade-classes of the third class officials who are the educational personnels.
Art. 28.　shall be deleted.
Art. 29.　shall be deleted.
Art. 31. shall be deleted.
In Art. 30-II, "prefectures" shall read "Metropolis and prefectures". and the said Article shall become Art. 31,
Art, 31-II, Art. 31-IV to Art. 31-VII and Art. 32 shall be deleted, and Art. 31-III shall become Art. 32.
Table No. 2 of annexed Tables shall be amended as follows:
Table No. 2.
(1)　To which shall be added two-third month.
Hokkaido,
Matsumae,
Kojima.
Ishikawa Prefecture,
Fugeshi,
Hekurashima.
Nagasaki Prefecture,
Minami Matsuura,
Onnajima.
Kagoshima Prefecture,
Kawabe,
Kusagakijima.
(2)　To which shall be added one half month.
Hokkaido,
Atsukeshi, Daikokujima.
Nagasaki Prefecture,
Nishi Sonoki,
Otateshima.
Kita-Matsuura
Goto Shirase
Futagamijima.
Kami-Agata,
Mitsushima.
Fukuoka Prefecture,
Munakata,
Okishima.
Table No. 3 of Annexed Tables shall be deleted.
Table No. 3-II of Annexed Tables shall be deleted.
Supplementary Provisions:
Art. 1.　The present Imperial Ordinance shall come into force as from the enforcement day of Law No. 31 of 1946. However, the amended provisions of Art. 3, Art. 3-II, Art. 2, Art. 8 to Art. 11-III, Art. 23, Art. 25 and Art. 27 to Art. 29, and Table No. 3-II of Annexed Tables shall be correspondingly applied as from April 1st of the said year.
The amended provisions prescriebed in the proviso of the preceding paragraph, shall be, notwithstanding the provisions of the proviso of the said paragraph, applied, in case of the educational personnels or quasi-educational personnels of the National Schools, and of the schools which resemble the said schools as from June 22nd, 1946, while the part concerning the personnels prescribed in Art. 1-III of the Regulations governing the Organization of Tokyo Metropolis, in the revised provisions of Art. 3 and Art. 6, shall be applied as from February 1st of the same year.
Art. 2.　In regard to the decision of the pensions of which a cause for granting arose before March 31st, 1946 (in case of personnels prescribed in the Ordinance concerning the Sanatorium for the Educational Personnels, before April 12 of the same year), the examples of the old provisions shall still apply. However, in regard to decision of the pensions which shall be decided by Governor-General of Chosen, Governors of the Regions of Chosen, Governor-General of Taiwan, Governors of the States (Shu) or Departments (Cho), Governor-General of Karafuto Regional Government, Envoy Extraordinary and Ambassador Plenipotentiary accredited to Manchukuo or Governor General of Kwantung Government office, or Governor-General of South Sea Island Government office, the above provisions shall not apply.
Art. 3.　In regard to the personnels who are prescribed in Art. 1 of the Regulations governing the Organization of Tokyo Metropolis in the former regulationg, and whose salaries shall in accordance with the provisions of the Imeprial Ordinance No. 507 of 1943, be paid by Tokyo Metropolis, and, in regard to the personnels who are attached to the Hokkaido Regional Government, and whose salaries shall in accordance with the provisions of Art. 1 par. 3 of the Regulations governing the Establishment of the Temporary Personnels and Others of Metropolis and Prefectures, be paid by the local expenses of Hokkaido, the examples of the old provisions shall still apply.
Art. 4.　The probationer Educational officials shall include the probationer professor, probationer assistant, professor, probationer instructor, and probationer assistant-instructor, and the quasi-instructors shall include the probationer teacher.
Art. 5.　Notwithstanding the amended provisions of Art. 10, the personnels prescribed in the Regulations governing the Live-stock Health Personnels, shall be regarded till June 6th, 1946, as treated personnels, and the personnels prescribed in the Regulations governing the instructors' Sanatorium, shall be regarded till April 12th, of the same year, as treated personnels.
Art. 6.　In regard to the additionary computing before the enforcement of the present Imperial Ordinance in the case of the engagement in the unhealthy occupations prescribed in Art. 17, par. 1, item 2 of the old provisions, the examples of the old Ordinances shall still apply.
Art. 7.　What corresponds to the original salary prescribed in the old provisions, shall still follow the old examples.
Art. 8.　The additionary computing before the enforcement of the present Imperial Ordinance as to the tenures of the services in the areas prescriled in Table No. 2 of Annexed Tables of the old Ordinance.
Art. 9.　In regard to the persons who were before the enforcement of the present Imperial Ordinance caught by the epidemics, in the Areas prescribed in Table No. 3 of Annexed Tables of the old Ordinance, the examples of the old provisions shall still apply.