Article 1. A part of the Welfare Pensions Insurance Law (Law No.60 of 1941) shall be amended as follows:
"Competent Minister" shall read "Welfare Minister."
In Art.3, Par.1, "or salary which are received by employees of an undertaking as compensation for their service and what corresponds to such" shall read "salary, allowances or bonus which are received by employees of an undertaking as compensation for their service and what corresponds to such. However, this provision shall not apply to what are received extraordinarily, and to allowances or bonus which are received every such period as is over three months and to what corresponds to such," and the said Art., Par.2 shall read as follows:
In case the whole or a part of remuneration is not cash, the price of such shall be fixed by the administrative office according to the current price in the district concerned.
Art.4, Par.2 shall read as follows:
The standard remuneration shall be fixed by the following classification according to the monthly remuneration of the insured person.
Class of standard remuneration |
Monthly standard remuneration |
Actual monthly remuneration |
1st Class |
\300 |
less than\450 |
2nd ,, |
600 |
\450 or more, but less than\750 |
3rd ,, |
900 |
750 ,, ,, 1,050 |
4th ,, |
1,200 |
1,050 ,, ,, 1,350 |
5th ,, |
1,500 |
1,350 ,, ,, 1,650 |
6th ,, |
1,800 |
1,650 ,, ,, 1,950 |
7th ,, |
2,100 |
1,950 ,, ,, 2,250 |
8th ,, |
2,400 |
2,250 ,, ,, 2,550 |
9th ,, |
2,700 |
2,550 ,, ,, 2,850 |
10th ,, |
3,000 |
2,850 ,, ,, 3,150 |
11th ,, |
3,300 |
3,150 ,, ,, 3,450 |
12th ,, |
3,600 |
3,450 ,, ,, 3,750 |
13th ,, |
3,900 |
3,750 ,, ,, 4,050 |
14th ,, |
4,200 |
4,050 ,, ,, 4,350 |
15th ,, |
4,500 |
4,350 ,, ,, 4,650 |
16th ,, |
4,800 |
4,650 ,, ,, 4,950 |
17th ,, |
5,100 |
4,950 ,, ,, 5,250 |
18th ,, |
5,400 |
5,250 ,, ,, 6,550 |
19th ,, |
5,700 |
5,550 ,, ,, 5,850 |
20th ,, |
6,000 |
5,850 ,, ,, 6,750 |
21st ,, |
6,300 |
6,150 ,, ,, 6,450 |
22nd ,, |
6,600 |
6,450 ,, ,, 6,750 |
23rd ,, |
6,900 |
6,750 ,, ,, 7,050 |
24th ,, |
7,200 |
7,050 ,, ,, 7,350 |
25th ,, |
7,500 |
7,350 ,, ,, 7,650 |
26th ,, |
7,800 |
7,650 ,, ,, 7,950 |
27th ,, |
8,100 |
7,950 ,, |
The standard remuneration shall be fixed on the basis of the monthly remuneration on the day of acquiring the qualification of the insured.
In case, owing to the increase or decrease of an insured person's remuneration, his or her remuneration comes not to correspond to his or her standard remuneration fixed on the former remuneration, his or her standard remuneration shall be changed on the day of the increase or decrease.
The change of standard remuneration according to the provisions of the preceding paragraph shall be made from the next month of the month in which the increase or decrease took place in case the day on which the increase or decrease of remuneration took place is the first day of the month, from the said month).
The standard remuneration of an insured person under the provisions of Art.22 shall be continuously his or her former standard remuneration. However, in case he or she applies for, his or her standard remuneration shall be reduced on his or her application.
The provisions of Par.5 shall correspondingly apply to the case where the standard remuneration is reduced according to the provisions of the proviso to the preceding paragraph.
Article 4-(2). An insured person's monthly remuneration shall be calculated according to each provision of the following items:
1) In case when the remuneration is fixed by month, week or other definite term, the amount equal to 30 times the amount got by dividing the remuneration on the day when an insured person acquired the qualification or when the increase or decrease of remuneration took place by the total number of days of the said term;
2) In case when the remuneration is fixed by day, hour, output or contract, the average amount of the remunerations which those who are engaged in the same business or work and are in receipt of the same kind of remuneration, received during one month immediately preceding the month to which the day on which such person acquired the qualification belonged.
In case when the remuneration of an insured person whose remuneration is fixed according to the preceding paragraph increased or decreased, the amount of remuneration which he or she received during the month to which the day on which the said increase or decrease took place belonged;
3) In case it is difficult to calculate according to the provisions of the preceding two items, the amount of remuneration which a person, who, in the same district, is engaged in the same business or work and is in receipt of the same kind of remuneration, received during one month immediately preceding the day on which an insured person acquired the qualification or the increase or decrease of remuneration took place;
4) In case when 2 or more kinds of remunerations under the preceding items are received, the combined sum of the amount calculated according to the preceding items with respect to each remuneration;
5) In case when the remuneration are received from 2 working places or more at the same time, the combined sum of the amounts calculated according to the preceding items with respect to each working place.
In case when it is difficult to calculate an insured person's remuneration according to the provisions of the preceding paragraph, or in case when the amount calculated is very improper, the administrative office shall calculate the amount irrespective of the provisions of the preceding paragraph.
In Art.5, "The right to receive old-age pension, invalidity pension, survivor's pension, retirement allowance or a lump sam payment according to the provisions of Art.33, 34, 38, 39, 47 or 51 is cancelled by prescription after 5 years have elasped," shall be repealed.
Art.11, Par.2 shall be amended as follows:
In case the administrative office is to make a pressing for payment according to the provisions of the preceding paragraph, such office shall send a pressing letter to the obligator to payment.
In case where an obligator to payment is a person prossed for payment according to Art.11 of Health Insurance Law, the pressing letter under the preceding paragraph may be sent by writing in the pressing letter under the said Article of the said Law.
When a pressing letter was sent, the administrative office shall collected 10 yen as pressing fee. Pressing fee, however, shall not be levied in case when a pressing letter was sent by making use of a pressing letter under Health Insurance Law, Art.11.
Article 11-(2). In case the pressing was made according to the provision of the pressing Article, Par.1, arrears calculated, at the rate of 5 sen per 100 yen of the contributions per day, on the number of days between the day after the date of payment and the day before the completion of payment of contributions or the attachment on properties. This rule, however, shall not apply to the case falling under one of the following items or to the case where there are sufficient reasons to be taken into consideration with respect to non-payment:
1) In case where the sum of the contributions written in one notice forp ayment is less than 100 yen;
2) In case where the collection is made by advancing the date of payment;
3) In case where the notice for payment or pressing for payment is made by way of public notification owing to the fact that the address or the location of the obligator to payment is not in the country or his location and address are both unknown.
In case the contributions are paid up within the term appointed in the pressing letter or in case the amount calculated according to the provisions of the preceding paragraph is less than 1 yen, arrears shall not believed.
In the principal part of Art.16, "the working place" shall read "a working-place (including an office), and the proviso to the said Article shall be repealed, and in the said Article, Item 1 (g)," or distributing "shall be added next to" marketing,"and the same Article, Item 2 shall be amended as follows:
The office of the State or juridical persons where 5 persons or more are steadily employed.
In Art.16-(3), Par.2, "the proviso to Art.16" shall read "Art.16-(2)" and the said Article shall be Art.16-(4).
In Art.16-(2), Par.1, "the preceding Article" shall read "Art.16," and the said Article, shall be Art.16-(3), and the following one Article shall be added before the said Article:
Article 16-(2). Regardless of the provisions of the preceding Article, a person falling under any of the following items shall not be the insured person of the Welfare Pensions Insurance:
1) Person who is employed by the State, a local public body or a juridical person and comes under any of the following;
a. Person to whom the Government Pension Law applies
b. Member of a mutual aid society organized by Law
d. Persons employed at an office of To, Do, Prefecture, city, town, village or the like
c. Person employed at a working place of the undertaking of To, Do, Prefecture, city, town, village or the like and falling under any of the preceding Article, Par.1, item (g) to (k).
2) Insured person of Seamen's Insurance;
3) Person who is temporarily employed and comes under any of the following item. These provisions, however, shall not apply to the case where a person falling under (a) has come to be continuously employed over the contracted period or to the case where a person falling under (b) has come to be continuously employed over one month:
a. Person who is employed under the contracted period of 2 months or less
4) Persons employed in an undertaking of which working place is not situated at a fixed place;
5) Persons employed in a seasonal work, except persons to be continuously employed over four months;
6) Persons employed at a working place of a temporary undertaking, except a person to be employed continuously over six months;
7) Person who is employed at a life insurance company and is engaged in the business of selling insurance policies and does not receive regularly a definite remuneration.
In Art.17, Par.1, "Art.16-(2)" shall read Art.16-(3), "and in the said Article, the proviso to Art.16" shall read"Art.16-(2)
In Art.18, Art.16-(2) "shall read" Art.16-(3)."
In Art.19 and Art.20, "Art.16-(3)" shall read "Art.16-(4)" and "the proviso to Art.16" shall read "Art.16-(2)."
In Art.20-(2), Par.1, "Art.16-(3)" shall read "Art.16-(4)."
In Art.22, Par.1, "according to Cabinet Order" shall read "if he or she makes application within three months from the day on which he or she lost the qualification," and the said Article, Par.2 shall be amended as follows:
The administrative office may, if such office may find a good reason, receive the application which was made after the lapse of the period under the preceding paragraph.
When a person who made an application under Par.1 failed to pay the contribution to be paid for the first time and did not pay such contribution within the appointed time-limit according to the provisions of Art.11, Par.1, he or she shall be regarded as a person who did not continuously become an insured person.
With respect to insured person under the provision of Par.1, only the insurance benefits for old-age, retirement or death (except a widow's pension a widower's pension and a surviving children's pension) shall be granted.
Article 23. The insured person under the preceding Article shall lose the qualification from the next day of the day on which he or she has come under any of the following cases (in case he or she has come under Item 3, from the very day):
1) The case when he or she dies;
2) The case when the term of coverage under the preceding Article sums up to 20 years together with the term of coverage under Article 16, Article 16-(4) and Article 17;
3) The case when he or she becomes the insured person under Art.16, Art.16-(4) or Art.17;
4) The case when he or she makes the application for losing of the qualification;
5) The case when he or she does not pay contribution (except the contribution to be paid for the first time) in arrear within the appointed time-limit under Art.11, Par.1.
In Chapter III, "the average basic monthly salary" shall read "the average monthly standard remuneration" and "the average basic daily wages" shall read "the average daily standard remuneration" and "the basic monthly wages" shall read "the monthly standard remuneration."
In Art.24, Par.4, "the balance" shall read "a lump sum payment."
In Art.25, "the preceding Article" shall read "the preceding Article and Art.25-(2)" and "the actual term of employment as insured miners, got by the calculation according to the preceding Article" shall read "the actual term of employment as an insured miner, got by the calculation according to the preceding Article and Art.25-(2)" and "the term of coverage with respect to the actual term of employment exceeding 15 years shall be calculated according to the provision of the preceding Article" shall read "this provisions shall not apply to the part of the actual term of coverage exceeding 15 years."
Article 25-(2). The provisions of Art.24, Pars.1, 3 and 4 shall apply correspondingly to the case where an insured miner turned into an insured person other than insured miner or to the case where the latter turned into the former.
Article 26. The scope of survivors who are to claim a survivor's pension shall be the spouse (including the person who has not yet gone through the legal formalities, and the same hereinafter), children, parents, grandchildren and grandparents of an insured person or a formerly insured person whose living was supported by him or her at the time of his or her death.
With regard to the application of the provisions of the preceding paragraph, the child who was fetus at the time of an insured person's or a formerly insured's death shall be regarded from the day of such child's birth as the child whose living was supported by the deceased at the said time.
Regardless of the provisions of Par.1, a child or a grandchild whose age is 16 years or more at the time of an insured person's or a formerly insured person's death or father, mother, grandfather or grandmother whose age is less than 60 years at the time of an insured person's or a formerly insured person's death shall not be the survivors who are to claim a survivor's pension. This provision, however, shall not apply to a person who has, owing to his or her disability, no working capacity continuously since the time of an insured's or a formerly insured person's death.
Article 26-(2). The order of survivors who are to claim a survivor's pension shall be the order mentioned in the preceding Article, Paragraph 1.
With respect to the parents, the adoptive parents shall have a greater priority and the real parents shall have a lesser priority, and with respect to the grandparents, the parent of adoptive parents shall have a greater priority and the parents of real parents shall have a lesser priority, and the adoptive parents of parents shall have a greater priority and the real parents of parents shall have a lesser priority.
In case a survivor of a greater priority appears after a survivor of a lesser priority has been granted a survivor's pension or in case a survivor of the same priority appears after other survivors of the same priority has been granted a survivor's pension, the provisions of the preceding two paragraphs shall apply thenceforth.
Article 26-(3). The scope of the survivors who are to claim a lump sum payment under the provisions of Art.33.34, 38 or 47 shall be the spouse, children, parents, grandchildren and grandparents of an insured person or a formerly insured person.
The order of survivors who are to claim the lump sum payment under the preceding Paragraph shall be the order mentioned in the preceding paragraph.
The provisions of the preceding Article, Par.2 shall apply correspondingly to the case of the preceding paragraph.
Article 26-(4). In case where there is no survivor falling under the provisions of Par.1 of the preceding Article, the survivors who are to claim the lump sum payment under the said paragraph shall be the persons whose living was supported by an insured person's or a formerly insured person at the time of his death. If, however, one of such persons, in case there are two or more persons, has been especially appointed by an insured person's or a formerly insured person's will or by his or her previous notice made to Welfare Minister, the appointed person shall be the survivor who is to claim the said lump sum payment.
Article 26-(5). The provisions of Art.26, Pars.1 and 3 and of Art.26-(2) shall apply correspondingly to the scope and the order of survivors who are to claim an allowance under Art.34-(2) or a lump sum payment under Art.39 or Art.47-(7).
In case where there is no survivor under the scope of survivors prescribed in Art.26, Pars.1 and 3, the provisions of Art.26-(3) and the preceding Article shall apply correspondingly to the scope and the order of survivors who are to claim the allowance or the lump sum payment of the preceding paragraph.
Article 26-(6). The scope of the spouse and children who are to claim a widow's pension, a widower's pension or a surviving children's pension shall be an insured person's, a formerly insured person's or an invalidity pensioner's spouse or children (limitted only to those whose living was supported by an insured person or a formerly insured person at the time of his or her death) who comes under any one of the following:
1) A widow of the age of 50 years or over at the time of the death of insured person's, a formerly insured person's or an invalidity pensioner;
2) A widow who is under the age of 50 years at the time of the death of an insured person's, a formerly insured person or an invalidity pensioner and has a child or children, who was or were under the age of 16 years at the said time and whose living was supported by the said person or the said pensioner at the said time, or a child having, owing to disability, no working capacity continuously since the said time;
3) A widower of the age of 55 years or more at the time of the death of an insured person's, a formerly insured person or an invalidity pensioner;
4) A child under the age of 16 years at the time of the death of an insured person's, a formerly insured person or an invalidity pensioner;
5) Besides those mentioned in the above items, a person having, owing to disability, no working capacity continuously since the time of the death of an insured person's a formerly insured person's or an invalidity pensioner.
The provisions of Art.26, Par.2 shall apply correspondingly to the case of the preceding paragraph.
In Art.27, "and survivor's pension" shall read "a survivor's pension, a widow's pension, a widower's pension and a surviving children's pension," and the following one paragraph shall be added to the said Article:
Everp quarter, i. e. in February, May, August and November, an old-age pension, an invalidity pension, a survivor's pension, a widow's pension, a widower's pension and a surviving children's pension up to the previous month of the abovementioned month shall be paid. However, a pension which was not yet paid in the month of payment or a pension up to the month in which an pensioner lost the right to a pension shall be paid in the months other than those of payment.
In Art.33, "(when there was a child who was fetus at the time of such person's death, at the time of such child's birth)" shall be added next to "if, in case of death of a person who is in receipt of old-age pension," and "the total sum of the old-age pension already granted" shall read "the total sum of the old-age pension and the invalidity pension, if there is, already granted."
In Art.34, Par.1, "(when there was a child who was fetus at the time of such person's death, at the time of such child's birth)" shall be added before "there is no one having the right to a survivor's pension," and the following proviso shall be added after the said paragraph:
If, however, there is an invalidity pension already granted, the balance got by deducting the total sum of the invalidity pension already granted shall be granted to the survivors of the deceased as a lump sum payment.
In Art.36, Par.1, "incapacity as provided for by Cabinet Order" shall read "disability as provided for by Separate Table No.1" and "within 2 years reckoned from the day on which he or she consulted a doctor or a dentist about his or her sickness or injury originated before he or she lost the qualification of the insured or about sickness attributable to such sickness or injury (in case of an insured person who is also an insured person of Health Insurance, from the day on which he or she began to be granted medical benefits under Health Insurance Law), from such sickness or injury or on which" shall be added before "the same interval of time has expired," and "invalidity allowance in the form of a lump sum" shall read "or in case a person is still in the state of degree as provided for by Separate Table No.2 on the said day, he or she shall be granted an invalidity allowance in the form of a lump sum."
Art.37, Par.1 shall be revised as follows:
The amount of invalidity pension or invalidity allowance shall be the amount equal to the average monthly standard remuneration multiplied by the number of months stipulated in the Separate Table No.3.
Article 37-(2). In case a person, who is entitled to an invalidity pension owing to the fact that his or her disability comes under the first class of disability in the Separate Table No.1, has his or her spouse or children falling under any of the following items, 2,400 yen per such spouse or such child shall be granted in addition to the amount provided for by each paragraph of the preceding Article:
1) A spouse or a child under the age of 16 years whose living was supported by an invalidity pensioner at the time when the said pensioner became disabled;
2) A spouse or a child who has, owing to disability, no working capacity continuously since the time when an invalidity pensioner became disabled.
In Art.38 "(when there was a child who was fetus at the time of such person's death, at the time of such child's birth)" shall be added before "there is no one receiving a survivor's pension" and "there is no one receiving a survivor's pension" shall read "there is no one having the right to a survivor's pension" .
In Art.39, Par.3, "the preceding paragraph" shall read "Par.1" and in the said Article, the said paragraph, "or the case where there is a person having the right to a widow's pension, a widower's pension or a surviving children's pension" shall be added next to "Art.31, Par.1" .
Article 40. To a person having the right to an old-age pension and an invalidity pension or having the right to two or more invalidity pensions, any one of these pensions shall be granted according to the following distinction:
1) In case the amounts of these pensions are different, the pension of the largest amount;
2) In case the amount of old-age pension is equal to that of invalidity pension, the invalidity pension;
3) In case the amounts of two invalidity pensions or more are same, the former invalidity pension.
In case a person under the preceding paragraph becomes to be suspended the old-age pension on account of his or her falling under Art.35, Par.1 or in case such person becomes not to be granted the invalidity pension on account of falling under the former part of the proviso to Art.36, Par.1 or under Art.41, such person shall be granted the pension which was not granted according to the preceding paragraph.
Article 46.In case a person having the right to a survivor's pensions falls under any of the following items, the said person shall lose the right to a servivor's pension. In this case, if there is no person of the same priority, but there is a person of a lesser priority, a survivor's pension shall be granted to the latter person:
2) In case when he or she has remarried (including a person who has not yet gone through the legal formalities) or in case when he or she has been adopted (including a person who has been under the same status as an adopted child);
3) In case where a child or a grandchild (except one who has, owing to disability, no working capacity continuously since the time of an insured person's or a formerly insured person's death) has attained the age of 16 years;
4) In case where a person, who was in receipt of a survivor's pension owing to the fact that he or she had, owing to disability, no working capacity, has come to be able to work.
In Art.46-(2), Par.1, "to be granted to the said pensioner shall, on application of a person of the same priority or of a lesser priority" shall be added next to "the payment of a survivor's pension." In Par.2, "the person of the same priority or of a lesser priority" shall be added next to "the suspended penion shall be transferred to."
In Art.47, "If, when a person having the right" shall read "If, at the time when a person having the right," and "(when there was a child who was fetus at the time of an insured person's or formerly insured person's death, at the time of such child's birth)" shall be added before "there is no one receiving a survivor's pension," and "there is no one receiving a survivor's pension" shall read "there is no one having the right to a survivor's pension" .
"Section 5" shall read "Section 6," "Section 6" and "Section 7" shall read respectively "Section 7" and "Section 8," and next to Art.47, the following Section shall be added:
Section 5. Widow's Pension, Widower's Pension and Surviving Children's Pension
Article 47-(2). In case of death of an insured person whose term of coverage as the insured is 6 months or more but less than 20 years, in case where he or she dies, within 2 years computed from the day of his or her disqualification, from sickness or injury originated before he or she lost the qualification or from sickness attributable to the said sickness or injury, or in case of death of a person entitled to an invalidity pension owing to the fact that his or her disability has come under the first class of disability stipulated in Separate Table No.1, a widow's pension, a widower's pension or a surviving children's pension shall be respectively granted to his widow or her widower, or his or her children. In case, however, a widow's pension or a widower's pension is to be granted on account of the same cause, surviving children's pension shall not be granted during the term for which a widow's pension or a widower's pension is granted.
The provisions of the proviso to Art.44 shall apply correspondingly to the case of the preceding paragraph.
Article 47-(3). The amount of a widow's pension, a widower's pension or a surviving children's pension shall be the amount equal to twice the average monthly standard remuneration of an insured person a formerly insured person or an invalidity pensioner under the preceding Article.
The amount of a surviving children's pension shall, if there are two or more children who are to claim a surviving children's pension, be the amount increased by 2,400 yen per each of such children except one, notwithstanding the provisions of the preceding paragraph.
Article 47-(4). In case there is a child or are children provided for by Art.26-(6), Par.1, Item 2, 2,400 yen per each of such children shall be granted in addition to the amount of a widow's pension under the preceding Article, Par.1.
Article 47-(5). In case where a person having the right to a widow's pension, a widower's pension or a surviving children's pension's comes under any of the items of Art.46, the said person shall lose the right to a widow's pension, a widower's pension or a surviving children's pension.
Article 47-(6). When the whereabouts of a person entitled to a widow's pension or a widower's pension is unknown for one year or more, the payment of a widow's pension or a widower's pension to be granted to the said person may, on the application of a surviving child who is to claim a surviving children's pension, be suspended during the period of absence.
When the payment of a widow's pension or a widower's pension is suspended according to the preceding paragraph, a surviving children's pension shall be granted during the period of suspension.
The provisions of Art.46-(2) shall apply correspondingly to the case where the whereabouts of a person entitled to a surviving children's pension is unknown for one year or more.
Article 47-(7). If, at the time when a person having the right to a widow's pension or a widower's pension lost that right (when there was a child who was a fetus at the time of death of an insured person, a formerly insured person or an invalidity pensioner under Art.47-(2), Par.1, at the time of such child's birth), there is no surviving child who is to claim a surviving children's pension, or if, at the time when children having the right to a surviving children's pension lost that right (when there was a child who was fetus at the time of death of an insured person, a formerly insured person or an invalidity pensioner under Art.47-(2), Par.1, at the time of such child's birth). there is no other surviving child to be granted a surviving children's pension, a lump sum payment under Par.2 shall be granted to the surviving family of an insured person, or formerly insured person, or an invalidity pensioners. In case, however, there is an invalidity pension, a widow's penion, widower's pension or a surviving children's pension already granted, the balance got by deducting the total sum already granted shall be granted to the surviving family of the deceased as a lump sum payment.
The amount of a lump sum payment under the preceding paragraph shall be the amount equal to a retirement allowance which the surviving family of an insured person, a formerly insured person or an invalidity pensioner under Art.17-(2), Par.1 or the person himself or herself would have been granted in case of the said person's or the said pensioner's death.
The provisions of Art.39, Par.2 shall apply correspondingly to the case of the preceding paragraph.
Article 48. In case where a person whose term of coverage as the insured is 5 years or more but less than 20 years has died, in case where the said person has attained the age of 50 years after he or she lost the qualification, or in case where the said person has lost the qualification after he or she attained the age of 50 years or more, a retirement allowance shall be granted.
In case where an insured person whose term of coverage is 6 months or more but less than 20 years lost the qualification owing to his or her death or in case where an insured woman whose term of coverage as the insured is 6 months or more but less than 20 years lost the qualification owing to her marriage or her confinement, regardless of the preceding paragraph, a retirement allowance shall be granted.
Regardless of the preceding two paragraphs, a retirement allowance shall not be granted to a person who is an insured person at present or who has not the right to a sickness-injury allowance or a confinement allowance under the Health Insurance Law or who has the right to an unemployment allowance under the Unemployment Insurance Act.
The provisions of Par.1 or 2 shall not apply to a person falling under the latter part of Art.31, Par.1, Art.47-(2) or Art.47-(7).
In Art.49, "the Separate Table No.2" shall read "the Separate Table No.4."
Article 49-(2) shall be deleted.
In Art.52, Par.1, "a widow's pension, a widower's pension or a surviving children's pension" shall be added next to "a survivor's pension," and in Par.2, Art.33, 34, 38, 39 or 47 "shall read" Art.33, 34, 38, 39, 47 or 47-(7) "and" a survivor's pension "shall be revised as" a survivor's pension, a widow's pension, a widowers's pension or a surviving children's pension, "and" a person of a lesser priority "shall read" a person of the same priority or a lesser priority."
In Art.55, "old-age pension, an invalidity pension or a survivor's pension" shall be revised as "old-age pension, an invalidity pension, a survivor's pension, a widow's pension, a widower's pension or a surviving children's pension."
Article 57, Par.1 shall be revised as follows:
The National Treasury shall bear a part of the expenses necessary for an insurance benefit according to the following distinction made on the basis of the term of coverage on which the insurance benefit is calculated:
1) In case where the whole of the term of coverage is the term during which an insured person or a formerly insured person was employed as an insured miner, two-tenths of the expenses necessary for an insurance benefit;
2) In case where the whole of the term of coverage is the term during which an insured person or formerly insured person was employed as an insured person other than a insured miner, one-tenth of the expenses necessary for an insurance benefit;
3) In case where a part of the term of coverage is the term durig which an insured person or a formerly insured person was employed as an insured miner, besides one-tenth of the expenses necessary for an insurance benefit, one-tenth of the sum which is got by multiplying the said expenses by the ratio of the amount, which is the amount equal to the average monthly standard remuneration during the term of coverage of an insured miner multiplied by the number of months of this term, to the total of the said amount and the amount which is the amount equal to the average monthly standard remuneration during the term of coverage of an insured person other than an insured miner multiplied by the number of months of this term.
Article 58, Par.2 shall be deleted.
Article 58-(2). The amount of contribution for each month during the term of coverage calculated according to Art.24, Par.1 (including the case where this applies correspondingly in Art.25-(3)) or Art.24, Par.2 shall be an insured person's monthly standard remuneration multiplied by the contribution-rate.
The contribution-rate shall be 123/1000 for an insured miner, 94/1000 for a male insured person other than insured miner and 55/1000 for a female insured person.
Article 60-(2). Each months premium shall be paid by the end of the next month (by the tenth day of the month in case of the premium to be paid by the insured under Art.22).
In case the administrative office finds out, after a notice for payment was made, that the noticed amount of premium exceeded the amount to be duly paid by the obligator concerned to payment, or in case such office finds out that the paid in amount of premium exceeded the amount to have been paid by the obligator concerned to payment, such office may regard the notice or payment concerning the exceeding part as such made by advancing the date of payment with respect to the premium to be paid on the date of payment within 6 months from the time the said notice or the said payment was made.
When an administrative office regarded, according to the preceding paragraph, that the notice for payment or the payment was made by advancing the date of payment, the said office shall inform to that effect to the obligator concerned to payment.
Article 60-(3). In case an obligator to payment of premium comes under any of the following items, the premium may be collected even before the date of payment:
1) In case of an attachment on property for arrears of national taxes, local taxes or other public imposts;
2) In case of an abolition of a working-place wherein insured persons are employed;
3) In case of a distraint;
4) In case of a declaration of bankruptcy;
5) In case of a commencement of an auction;
6) In case of a dissolution of a juridical person employing the insured.
Article 61. In case where an employer pays remuneration to an insured person in cash, the employer may deduct the previous month's contribution (the previous month's and the present month's premiums in case where an insured person became to be dismissed from the working place) to be born by the insured from the insured's remuneration.
When the employer deducted the contribution according to the preceding paragraph, the employer shall draw up the statement of accounts regarding the deduction of premium and inform the insured person of the duducted amount.
"Chapter V. Demand for Investigation, Appeal and Lawsuit" shall read "Chapter V. Appeal and Lawsuit."
In Article 62. Par.1, "The Social Insurance Investigation Committee" shall read "The Welfare Pensions Insurance Appeal Board."
In Art.63, "Appeal may be made to the competent Minister" shall read "may appeal to the Welfare Pensions Insurance Appeal Board."
Article 64. The Welfare Minister shall appoint Insurance Referees in each prefecture and shall choose them from among local officials who are 2nd class secretaries.
Article 65. The Welfare Pensions Insurance Appeal Board shall be established in the Welfare Ministry.
Article 65-(2). The Welfare Pensions Insurance Appeal Board shall consist of 3 persons representing the insured persons, 3 persons, representing the employers and 3 persons representing the public interest and each member shall be appointed by the Welfare Minister.
Article 65-(3). The term of office of the members of the Welfare Pensions Insurance Appeal Board shall be 3 years and one-third of the members shall be appointed annually.
The person appointed to fill a Board vacancy shall complete the term of office of his predecessor.
Article 65-(4). There shall be a chairman of the Welfare Pensions Insurance Appeal Board elected by the members from among those members who represent the public interest.
In case of the chairman's absence, an acting chairman shall be elected in the manner as prescribed in the preceding paragraph.
Article 65-(5). The Welfare Pensions Insurance Appeal Board shall not commence proceedings or make a decision without the presence of at least one member representing the insured persons, one member representing the employers and one member representing the public interest.
Article 65-(6). A decision of the Welfare Pensions Insurance Appeal Board in any case shall be made by a majority of those present. In case of a tie, the chairman shall vote for the final decision.
Article 65-(7). Any person who is disatisfied with a decision with regard to payment of benefits and wishes to appeal shall do so to the Insurance Referee who is competent of the jurisdiction of the prefectural governor who made the decision.
The Appeal mentioned above may be made through the Prefectural Governor who made the decision with regard to the payment of benefits or through the Prefectural Governor or the Insurance Referee who is competent of the residence of the claimant.
When it is found that the appeal in accordance with the preceding paragraph belongs to the district of a different jurisdictional area, the Insurance Referee shall transfer the appeal to the proper district and shall notify the applicant to that effect.
Article 65-(8). An appeal to the Insurance Referee or the Welfare Pensions Insurance Appeal Board may be made either in writing or verbally.
Article 65-(9). The Insurance Referee and the Welfare Pensions Insurance Appeal Board shall hold a hearing promotly after receiving an appeal. In case, however, it is difficult for the claimant to attend the hearing, the Insurance Commissioner and the Welfare Pensions Insurance Appeal Board may hold such a hearing on the basis of written statements in lieu of said procedure.
Article 65-(10). When the Insurance Referee or the Welfare Pensions Insurance Appeal Board deems it necessary, they may require the person respensible for the award of insurance benefits, the employer, the claimant or other Interested parties or witness to submit evidence or attend the hearing for questioning and may authorize a doctor to make medical examinations and report his findings.
The prefectural governor, with respect to hearings held by the Insurance Referee, and the Welfare Minister, with respect to hearings held by the Welfare Pensions Insurance Appeal Board, shall grant travelling expenses, daily allowance and hotel charge, as prescribed by Cabinet Order, to persons who attend the hearing at the request of the Insurance Referee or the Welfare Pensions Insurance Appeal Board according to the provision of the preceding paragraph.
Article 65-(11). The person responsible for the award of insurance benefits, the employer, the claimant or other interested parties or witnesses may express their opinion or submit documentary sevidence to the Insurance Referee or the Welfare Pensions Insurance Appeal Board.
In case the claimant considers it necessary, he may bring an advisor to attend the hearing with him.
In case any interested party cannot attend the hearing, he may authorize a representative to attend in his place.
Article 65-(12). In case a certain limited portion of the case has been settled, the Insurance Referee or the Welfare Pensions Insurance Appeal Board may make the decision for than part at first.
Article 65-(13). The decision of the Insurance Referee and the Welfare Pensions Insurance Appeal Board shall be made in written form with explanations.
Article 65-(14). If the applicant dies before conclusion of the case, the right of appeal shall be transferred to his successor.
Article 65-(15). No Insurance Referee, member of the Welfare Pensions Insurance Appeal Board or person who is working or has worked for the Welfare Pensions Insurance Appeal Board shall disclose a secret which he learned while performing his duty.
Article 66. An appeal or a lawsuit shall be made or instituted within 60 days from the date of receiving a written decision; provided that, with respects to an appeal, this time limit may be excluded for good cause as determined by the Insurance Referee, or the Welare Pension Insurance Appeal Board, as appropriate.
With respect to the institution of a lawsuit as prescribed in the preceding paragraph, Par.2 of Art.158 and Art.159 of the Code of Civil Procedure shall apply correspondingly.
Article 66-(2). Matters of an administrative nature concerning the Insurance Referee and the Welfare Pensions Insurance Appeal Board may be provided for by Cabinet Order.
Article 72. In case a person who, up to June 1, 1941, had been continuously employed as one having the qualification to become an insured person under Art.16, which was effective till the amendment was made according to Law No.21 of 1944 (Law amending a Part of Worker's Pension Insurance Law), for five or more years at a working place of the very employer by whom such person was employed on the said day or at the very working place wherein such person was employed on the said day and who became the said insured person loses the qualification of the insured before completing the term of coverage of 20 years and after having attained the age of 50 (the age of 45 in case of an insured miner), the amount of a retirement allowance to be granted to such person shall, regardless of the provision of Art.49, be the amount equal to such person's average daily standard remuneration multiplied by the number of days under Separate Table No.5. The amount to be granted to a person who receives an invalidity allowance at the same time, however, shall not exceed the amount equal to 24 times such person's average monthly standard remuneration in the total of retirement allowance and invalidity allowance.
The provisions of the preceding paragraph shall not apply to a person coming under the latter part of Art.31, Par.1 or under Art.47-(2).
Annexed Tables No. from 1 to 3 shall be amended as follows:
Annexed Table No.1
State of Disability of the Degree to be granted Invalidity Pension |
Degree of Disability |
Number |
State of Disability |
1st Class |
1 |
Diminishing of both eye-sights below 0.02. |
,, 2 |
Loss of one eye-sight plus diminishing of the other eye-sight below 0.06. |
,, 3 |
Loss of the function of mastication. |
,, 4 |
Loss of the function of speech. |
,, 5 |
Loss of ten fingers. |
,, 6 |
Besides the preceding items, loss of working capacity due to the retention of serious mental or physical disorder arisen out of sickness or injury. |
2nd Class |
1 |
Diminishing of both eye-sights below 0.1. |
,, 2 |
Owing to loss of the major portion of both tympanic membranes or other causes, loss of power of hearing of both ears to such degree as unable to hear loud voice unless spoken to with speaker's lips in touch with the auricle or more serious degree. |
,, 3 |
Retention of serious functional disorder in spinal column. |
,, 4 |
Retention of serious disorder in one or both of mastication and speech. |
,, 5 |
Loss of 4 fingers or more of one hand, including thumb and forefinger. |
,, 6 |
Loss of the function of two or three out of three major joints of one upper limb. |
,, 7 |
Loss of the function of two or three out of three major joints of one lower limb. |
,, 8 |
Loss of one upper limb from wrist. |
,, 9 |
Loss of one lower limb from ankle. |
,, 10 |
Loss of ten toes. |
,, 11 |
Besides the preceding items, serious diminution of working capacity due to the retention of mental or physical disorder arisen out of sickness or injury. |
Annexed Table No.2
State of Disability of the Degree to be granted Invalidity Allowance |
Number |
State of Disability |
1 |
Diminishing of both eye-sights below 0.6, or of one eye-sight below 0.1. |
2 |
Striking breakage of both eye-lids, purblind of both eyes, or stricture or irregularity of visual fields of both eyes. |
3 |
Retention of functional disorder in one or both of mastication and speech. |
4 |
Owing to loss of the medium protion of tympanic membranes or other causes, loss of the hearing power of both ears to such degree as unable to hear an ordinary voice at the distance of 40 centimeters or more, or owing to loss of the major portion of tympanic membranes or other causes, loss of the hearing power of one ear to such degree as unable to hear loud voice, unless spoken to with speaker's lips in touch with the auricle or more serious degree. |
5 |
Retention of serious functional disorder owing to breakage of nose. |
6 |
Retention of serious motional disorder in spinal column. |
7 |
Loss of thumb or forefinger, or loss of two fingers or more of one hand. |
8 |
Loss of the function of thumb, two fingers including forefinger, or 3 fingers or more, of one hand. |
9 |
Loss of the function of one major joint or retention of serious functional disorder in one or more out of three major joints of one upper limb. |
10 |
Loss of the function of one major joint or retention of serious functional disorder in one or more out of three major joints of one lower limb. |
11 |
Retention of an artificial joint in long-tube bone. |
12 |
Reduction of the length of one lower limb by 3 centimetres or more. |
13 |
Loss of one first toe, or of 4 or 5 toes of one foot. |
14 |
Loss of the function of all toes of one foot. |
15 |
Besides the preceding items, diminution of working capacity due to the retention of mental, physical or nervous disorder arisen out of sickness or injury. |
Annexed Table No.3
|
Degree of Incapacity |
Number of Months |
Invalidity Class 1 |
|
5 |
Pension Class 2 |
4 |
Invalidity Allowance |
10 |
The following two Annexed Tables shall be added next to the Annexed Table No.3;
Annexed Table No.4
Term of Coverage |
Number of Days |
6 months or more |
|
15 |
1 year or more |
30 |
2 years or more |
50 |
3 ,, |
70 |
4 ,, |
90 |
5 ,, |
110 |
6 ,, |
30 |
7 ,, |
150 |
8 ,, |
175 |
9 ,, |
200 |
10 ,, |
225 |
11 ,, |
250 |
12 ,, |
280 |
13 ,, |
310 |
14 ,, |
340 |
15 ,, |
370 |
16 ,, |
405 |
17 ,, |
440 |
18 ,, |
475 |
19 ,, |
510 |
Annexed Table No.5
Term of coverage |
Term during which persons were employed, as those having the qualification to be compulsorily insured, at the working place continuously until the day of enforcement of provisions concerning insurance benefits under Worker's Pension Insurance Law |
5 years or more |
8 years or more |
11 years or more |
14 years or more |
17 years or more |
|
|
|
|
|
|
6 months or more |
20 |
20 |
25 |
30 |
30 |
1 year or more |
40 |
40 |
45 |
50 |
60 |
2 years or more |
60 |
60 |
65 |
75 |
90 |
3 ,, |
80 |
80 |
90 |
105 |
120 |
4 ,, |
105 |
110 |
120 |
135 |
150 |
5 ,, |
130 |
140 |
150 |
165 |
180 |
6 ,, |
160 |
170 |
180 |
195 |
210 |
7 ,, |
190 |
200 |
210 |
225 |
240 |
8 ,, |
220 |
230 |
240 |
255 |
270 |
9 ,, |
250 |
260 |
270 |
285 |
300 |
10 ,, |
280 |
290 |
300 |
315 |
330 |
11 years or more |
310 |
320 |
330 |
345 |
360 |
12 ,, |
340 |
350 |
365 |
380 |
395 |
13 ,, |
370 |
385 |
400 |
415 |
430 |
14 ,, |
405 |
420 |
435 |
450 |
465 |
15 ,, |
440 |
455 |
470 |
485 |
500 |
16 ,, |
475 |
490 |
505 |
520 |
540 |
17 ,, |
510 |
525 |
540 |
560 |
580 |
18 ,, |
545 |
560 |
580 |
600 |
620 |
19 ,, |
585 |
600 |
620 |
640 |
660 |