Law amending a Part of the Seamen's
法令番号: 法律第128号
公布年月日: 昭和23年7月10日
法令の形式: 法律
I hereby promulgate the Law amending a Part of the Seamen's Insurance Law.
Signed:HIROHITO, Seal of the Emperor
This tenth day of the seventh month of the twenty-third year of Showa (July 10, 1948)
Prime Minister ASHIDA Hitoshi
Law No.128
Law amending a Part of the Seamen's
Insurance Law A Part of the Seamen's Insurance Law (Law No.73 of 1939) shall be amended as follows:
"Monthly remuneration," "daily remuneration," "average monthly remuneration," "average daily remuneration," "last monthly remuneration" and "last daily remuneration" shall read "monthly standard remuneration," daily standard remuneration, "average monthly standard remuneration," "average daily standard remuneration," "last monthly standard remuneration," and "last daily standard remuneration" respectively.
Article 1. Under the Seamen's Insurance, insurance benefits shall be granted with respect to sickness, injury, unemployment, oldage, disability, retirement or death of the insured and the former insured, and still more insurance benefits shall be granted with respect to sickness, injury or death of a person who are supported by the insured (hereinafter called the supported).
The scope of the supported under the preceding paragraph shall be lineal ascendant spouse (hereinafter including the spouse who has been in a married life actuall even though they are not legally reported), children of the insured and those who belong to the same household as the insured and are chiefly supported by the insured.
In Art.3, Par.1, "and what correspond to it" shall read "allowance, bonus and what corresponds to them. However, with respect to the temporary remuneration and allowance or bonus and what correspond to them which are paid every more than 3 months, this provision shall not apply" and the same Art. Par.2 shall read as follows:
In case the whole or part of what corresponds to wages is the allowance of such profits other than money, the price of such shall be estimated by the Welfare Minister. Art.4, Par.2 shall read as follows:
The standard remuneration shall be fixed on the basis of the actual monthly wages of the insured by the following table:
Standard remuneration
Degree of Standard Remuneration
Monthly amount
Daily amont
Amoun't of monthly remuneration
Class No.1
\500
\17
Less than \550
,, 2
600
20
More than \550 but not exceed \650
,, 3
700
23
,, 650 ,, 750
,, 4
800
27
,, 750 ,, 850
,, 5
900
30
,, 850 ,, 950
,, 6
1,000
33
,, 950 ,, 1,100
,, 7
1,200
40
,, 1,100 ,, 1,300
,, 8
1,400
47
,, 1,300 ,, 1,500
,, 9
1,600
53
,, 1,500 ,, 1,700
,, 10
1,800
60
,, 1,700 ,, 1,900
,, 11
2,000
67
,, 1,900 ,, 2,100
,, 12
2,200
73
,, 2,100 ,, 2,300
,, 13
2,400
80
,, 2,300 ,, 2,500
,, 14
2,600
87
,, 2,500 ,, 2,700
,, 15
2,800
93
,, 2,700 ,, 2,900
,, 16
3,000
100
,, 2,900 ,, 3,150
,, 17
3,300
110
,, 3,150 ,, 3,450
,, 18
3,600
120
,, 3,450 ,, 3,750
,, 19
3,900
130
,, 3,750 ,, 4,050
,, 20
4,200
140
,, 4,050 ,, 4,350
,, 21
4,500
150
,, 4,350 ,, 4,650
,, 22
4,800
160
,, 4,650 ,, 4,950
,, 23
5,100
170
,, 4,950 ,, 5,350
,, 24
5,500
183
,, 5,350 ,, 5,750
,, 25
5,900
197
,, 5,750 ,, 6,150
,, 26
6,300
210
,, 6,150 ,, 6,550
,, 27
6,700
223
,, 6,550 ,, 6,950
,, 28
7,100
237
,, 6,950 ,, 7,350
,, 29
7,500
250
,, 7,350 ,, 7,850
,, 30
8,000
267
More than 7,850
The following four paragraphs shall be added to the same Article:
The standard remuneration shall be fixed according to the monthly wages on the day of acquiring the qualification of the insured.
In case the standard remuneration of the insured fixed according to the former monthly remuneration comes to be unfit due to the increase or decrease of his remuneration, his standard remuneration shall be changed from the next month of the month in which the increase or decrease of remuneration took place (in case the day on which the increase or decrease of remuneration took place is the first day of month from such month).
As to the insured according to the provisions of Art.20, his former standard remuneration shall be regarded as his standard remuneration successively. However his standard remuneration may be reduced on his application.
The provisions of Par.4 shall apply correspondingly to the case of the reduction of the standard remuneration according to the provisions of the proviso to the preceding paragraph.
Article 4-(2). The sum of the actual monthly wages shall be calculated according to the following items:
1) In case of a person of monthly wages, the monthly amount of his wages on the day of fixing his standard remuneration.
2) In case of a person of daily wages, the sum equal to 30 times the daily wages on the day of fixing his standard remuneration.
3) Other than abovementioned two cases, in case of a person whose wages is fixed by a special term, the sum equal to 30 times the amount obtained by dividing his wages by the number of days in that special term on the day of fixing his standard remuneration.
4) In case of a person whose wages is fixed on the percentage basis, the sum calculated on the basis of normal amount to be paid to a person engaged in the same kind of work in the same kind of ship.
5) In case of a person in receipt of two or more kinds of abovementioned wages, the total sum of each amount of the wages calculated by the provisions of abovementioned items for each of his wages.
In case it is difficult to calculate an insured person's monthly wages by the provisions of the preceding paragraph or in case the amount calculated by the provisions of the preceding paragraph is very improper, the monthly wages shall be calculated by some ways fixed by the administrative office regardless of the provisions of the preceding paragraph.
In Art.5, "and the right to receive old-age pension, invalidity pension, retirement allowance, survivor's pension or lump-sum payment prescribed in Arts.36, 37, 42-42-(3) inclusive, 49 or 50-(6) is cancelled by prescription after 5 years have elapsed" shall be repealed.
Art.12, Par.2 shall read as follows:
In case the administrative office is to make a pressing for payment of contributions according to the provisions of the preceding paragraph, it shall send the letter for pressing to the person who ought to pay. In this case, 10 yen shall be collected as pressing fee.
Article 12-(2). In case the pressing for payment is made according to the provisions of the preceding Article, 5/10,000 of the delayed contributions per day, as arrears, shall be levied from the day following the date of payment to the day before the condlusion of payment or the attachment on properties. This rule, however, shall not apply to the case falling under any one of the following items or to the case under circumstances to be taken into consideration with respect to the delay of payment:
1) In case contributions to be collected written in one notice for payment is less than 100 yen.
2) In case the collection is made by advancing the date of payment.
3) In case the notice of payment or pressing for the payment is made by way of public notification owing to the fact that the dwelling there and lodging place of the person who ought to pay are not in the Country or those are both unknown.
In case the contributions to be collected and the pressing commission is paid up by the date 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 be levied.
Article 15. In case the insured employed by the Government is entitled for benefits, corresponding to the insurance benefits prescribed in this Law, from the mutual aid association appointed by the Welfare Minister, insurance benefits prescribed in this Law shall not be granted to him.
A mutual aid association to be appointed by the Welfare Minister according to the provisions of the preceding paragraph shall be confined to those which possess the following provisions:
1) The kinds of benefits to be granted to the member of the association, who is at the same time an insured person, shall cover the kinds of insurance benefits prescribed in this Law, and the amount of the benefits shall be of the same amount of the corresponding insurance benefits prescribed in this Law;
2) The Government shall bear at least the same charge as that to be borne by the Government as the National Treasury and as the shipowner according to the provisions of Art.58 and Art.60 of the expenses for the benefits corresponding to insurance benefits prescribed in this Law out of the benefits to be granted to the member of the association.
Article 15-(2). As to persons who shall not be granted insurance benefits according to the provisions of the preceding Article, contributions shall not be collected.
Article 15-(3). The Welfare Minister may require the Mutual Aid Association, prescribed in Art.15, to submit a report on fact, and may investigate the business and the property of the said association.
Article 16. The Government maritime office and the chief of city, town or village who is in charge of the business of the Government maritime office according to the provisions of Art.104 of Mariner's Law, shall be in charge of a certain part of the business of Seamen's Insurance according to the provisions of Ordinance.
The following proviso shall be added to Art.17:
However, this rule shall not apply to Government officials and those who are correspondingly treated as such (except those who are not in receipt of salaries or wages).
In Art.20, Par.1, "according to the provisions regulated by Cabinet Order" shall read "by applying to be insured within 3 months after the day of his disqualification," and in the same Article, Par.2, "the preceding paragraph" and "funeral expenses" shall read respectively "Par.1" and "widow's pension, widower's pension, orphan's pension andfuneral expenses," and the following two paragraphs shall be added before the same paragraph:
The administrative office may receive the application made after the lapse of the term provided for by the preceding paragraph if they consider that there is sufficient reason for the delay.
In case a person who has applied to continue his qualification according to the provisions of Art.1 becomes subject to the provisions of Art.21, Item 2 on the first payment of the contribution after the application, he shall be treated as not being insured successively.
Article 21. An insured person under the provision of the preceding Article shall lose his qualification when he comes under any of the following items:
1) When his insured term under the provision of Art.17 together with his insured term under the preceding Article sum up to 15 years;
2) In case he is in arrear with his contributions and fails to pay it by the term appointed according to the provision of Art.12, Par.1;
3) In case he has become insured according to the provision of Art.17;
4) In case he has applied to be disqualified according to the provision of Art.20.
The provision of Art.19 shall apply correspondingly to the death of an insured person under the provision of the preceding Article.
Article 23. The scope of survivors to be entitled to survivor's pension shall be spouse, children, parents, grandchildren and grandparents who were supported by the insured or the formerly insured at the time of his death.
Concerning the application of the provision of the preceding paragraph, the child who was a fetus at the time of the death of the insured or an formerly insured and was born after his death shall be regarded as, from the day it was born, being supported by the insured or the formerly insured at the time of his death.
Article 23-(2). The ranking of survivors to be entitled to suruivor's pension shall accord with the ranking mentioned in Par.1 of the preceding Article. However, adoptive father and mother shall precede real father and mother, father and mother of aboptive father and mother precede father and mother of real father and mother, and adoptive father and mother of father and mother precede real father and mother of father and mother.
In case a survivor preceding in ranking has appeared after a survivor following in ranking, or in case a survivor same in ranking has appeared after other survivors same in ranking, the provisions of the preceding two paragraphs shall apply from that time.
Article 23-(3). The children or grandchildren who are 16 years old or more at the time of the death of the insured or the formerly insured, and the father, mother, grandfather and grandmother who are less than 60 years old at the time shall be entitled to survivor's pension only in case they have been in the state of incapacity and unable to work successively from the time of the death.
Article 23-(4). The scope of survivors to be entitled to funeral expenses or lump-sum payment stipulated by Art.36, 37, 42-42-(3) inclusive or 50-(6) shall be the spouse, children, parents, grandchildren and grandparents of the insured or the formerly insured.
The ranking of survivors to be entitled to funeral expenses or a lump-sum payment stipulated by Art.36, 37, 42-42-(3) inclusive or 50-(6) shall accord with the ranking mentioned in the preceding paragraph.
The provisions of Art.23-(2), Par.2 shall apply correspondingly in the case of the preceding paragraph.
Article 23-(5). In case there is no one falling under Par.1 of the preceding Article, persons who were supported by the insured or the formerly insured at the time of his or her death shall be granted funeral expenses or a lump-sum payment under Art.36, 37, 42-42-(3) inclusive or 50-(6). In case, however, there are two or more beneficiaries, when one of them is specially appointed by his or her will or by his or her previous notice to the Welfare Minister, the appointed person shall be granted the funeral expenses or the lump-sum payment.
Article 23-(6). The scope of spouse or children to be entitled to a widow's pension, widower's pension or an orphan's pension shall be the spouse or the children (limited only to such as were supported by the insured, the formerly insured or a person receiving on invalidity pension at the time of his or her death) of the insured, the formerly insured or a person receiving an invalidity pension who comes under any one of the following items:
1) A widow of the age of 50 years or over at the time of the death of the insured, the formerly insured or a person receiving invalidity pension;
2) A widow under the age of 50 years at the time of the death of the insured, the formerly insured or a person receiving invalidity pension who has children (who were under the age of 16 years and were supported by the said person at the time of such person's death or have, owing to disability, no working capacity continuously since the said time) of the said person at the time of such person's death;
3) A widower of the age of 55 years or over at the time of the death of the insured, the formerly insured or a person receiving invalidity pension;
4) Children under the age of 16 years at the time of the death of the insured, the formerly insured or a person receiving invalidity pension;
5) Besides those abovementioned, a person having, owning to disability, no working capacity continuously since the time of the death of the insured, the formerly insured or a person receiving invalidity pension.
The provision of Art.23, Par.2 shall apply correspondingly in the case of the preceding paragraph.
In Art.24, "and survivor's pension" shall read "survivor's pension, widow's pension, widower's pension and orphan's pension," and the following one paragraph shall be added to the same Article:
Old-age pension, invalidity pension, survivor's pension, widow's pension, windower's pension and orphan's pension shall be granted for the term up to the previous month in four terms of February, May, August and November every year. However, those which ought to be granted on the day of the previous granting or those in the case of the loss of the right for pension shall be granted even outside the term of regular granting.
The following two paragraphs shall be added to Art.27-(2):
The provisions of Arts.23 to 23-(3) inclusive shall apply correspondingly to the scope and the ranking of survivors under the preceding paragraph.
In case there is no survivor within the scope provided for by the preceding paragraph, the provisions of Art.23-(4) and Art.23-(5) shall apply correspondingly to the scope and the ranking of survivors to be entitled to receive a lump payment under the first paragraph.
In Art.27-(3), Par.2, "fixed by Cabinet Order" shall be repealed.
Art.28, Par.2 shall be repealed.
In Art.28-(2), "Par.1" shall be repealed.
Article 28-(3). Insurance doctors and pharmacists shall be appointed by the administrative office from among doctors, dentists and pharmacists according to the provisions of Ordinance.
In case the administrative office wants to make the designation of the preceding paragraph, it is necessary that it gets the consent of the doctor, dentist or pharmacist concerned.
The insurance doctors or pharmacists designated according to the provision of Par.1 shall have the guidance of the administrative office concerning medical treatment of Seamen's Insurance or the apply of medicine according to the provisions of Ordinance.
Insurance doctors or pharmacists may resign from the post of insurance doctors or pharmacists according to the provisions of Ordinance.
One who wants to resign from the post of insurance doctor of pharmacist according to the provision of the preceding paragraph shall establish the term for giving notice of more than a month before the day of resignation.
Article 28-(4). Insurance doctor or insurance pharmacist shall take charge of medical treatment of the insured, the formerly insured or the supported kindly and carefully according to the provisions of Ordinance.
In case insurance doctors or insurance pharmacists neglect their duties of taking charge of medical benefits which are according to the provision of the preceding paragraph, the administrative office may revoke the appointment under the preceding Article, Par.1.
Article 28-(5). The amount of expenses to be requested to the administrative office by insurance doctors, insurance pharmacists or those who are employing them with respect to medical benefits, shall be the expenses necessary for medical treatment.
The expenses necessary for medical treatment under the preceding paragraph shall be calculated by the administrative office according to the provisions fixed by the Welfare Minister. When the Welfare Minister intends to establish any provisions according to the provisions of the preceding paragraph, he must consult with the Social Insurance Medical Care Fee Calculating Committee.
Article 29. Medical expenses shall be granted in place of medical benefits in case it is deemed to be difficult to grant medical benefits, or in case there is any reason stipulated in Ordinance, or in case the insured or the formerly insured applied for medical expenses for his undergoing the medical examination or other medical treatment of doctors, dentists and others other than those appointed by the administrative office.
Article 29-(2). The amount of medical expenses to be granted according to the provisions of the preceding Article shall be fixed by the administrative office on the basis of expenses necessary for medical treatment.
The amount of medical expenses under the preceding paragraph shall not exceed the expenses paid actually.
With respect to the calculation of expenses for medical treatment under Par.1, the provisions of Art.28-(5), Pars.2 and 3 shall apply correspondingly.
Article 31. The granting of medical benefits or a sickness-injury allowance shall be ceased in case it comes under the following circumstances with respect to the same sickness, injury or sickness caused by them:
1) In case invalidity pension or invalidity allowance shall be granted;
2) In case two years have elapsed after the beginning of granting medical benefits without recovering from sickness or injury. This provision, however, shall not apply with respect to occupational sickness, injury or sickness caused by them.
Article 32. In case the supported is given medical treatment by the person selected by himself from among insurance doctors, insurance pharmacists or those who are appointed by the administrative office, the expense paid for the medical treatment shall, as family medical expense, be granted to the insured.
The amount of family medical expense shall be half the amount of the expenses necessary for medical treatment. However, it must not exceed the amount equal to half the expense necessary for medical treatment to be payable actually.
In case the supported is given medical treatment by the insurance doctor, insurance pharmacist or a person who is appointed by the administrative office, the administrative office may, in place of insured, pay the medical expense to be paid to the abovementioned three or those who employ them within the limits or the amount to be granted to the insured as family medical expense.
In case the expense is paid to the insurance doctor, insurance pharmacist, a person who is appointed by the administrative office or those who employ them according to the provisions of the preceding paragraph, it shall be regarded that family medical expense was granted to the insured within the limits of that amount.
The provisions of Art.28, Par.1 of Art.28-(2), Pars.2 and 3 of Art.28-(5), Art.29, Art.29-(2) and Item 2 of Art.31 shall apply correspondingly to the family medical expense.
In Art.33-(3), Par.3, "Art.33-(6)" shall read "Art.33-(10)."
Article 33-(4). In order to receive unemployment insurance benefits, a person who comes under the preceding paragraph shall present himself at the competent Seamen's Employment Security Agency (hereinafter referred to as "S. E. S. A." ) or Public Employment Security Office (hereinafter referred to as "P. E. S. O." )(including the place designated by the chief of the S. E. S. A. or P. E. S. O., and the same shall apply hereinafter) to apply for a job and receive the recognition of his unemployment.
In case the chief of the competent S. E. S. A., or P. E. S. O., who has received the application for a job deems necessary, the recognition of unemployment may be entrusted to the chief of another S. E. S. A. or P. E. S. O.
Article 33-(5) shall be Art.33-(9), and each of the following Articles as for as Art.33-(9) shall be carried down by four Articles, and the following four Articles shall be added next to Art.33-(4):
Article 33-(5). The recognition of unemployment as provided for in the preceding Article shall be made on the day when a person who is to receive the recognition of unemployment, presents himself at the competent S. E. S. A. or P. E. S. O. mentioned in the preceding Article after he has ceased to be employed by a ship-owneras a seam an or on the day designated by the chief of the competent S. E. S. A. or P. E. S. O. and twice a week after that. However, when the chief of the competent S. E. S. A. or P. E. S. O. has reason to believe that a person who is to receive the recognition of unemployment is not available and willing to work, he may increase the frequency, and may, when it is deemed necessary, likewise decrease the frequency of appearance at the competent S. E. S. A. or P. E. S. O. for the purpose of receiving the recognition of unemployment.
The date on which a claimant is to receive the recognition of unemployment after his first presence as provided for by the preceding paragraph, shall be decided by the chief of the competent S. E. S. A. or P. E. S. O. and shall be noticed to the said person.
Article 33-(6). In case a claimant cannot avail himself for the recognition of unemployment on account of illness or injury for less than 15 continuous days within 30 days following the date of his inability to attend to receive the recognition of unemployment, the chief of the competent S. E. S. A. or P. E. S. O. may make the recognition of unemployment for the period. However, it is necessary to submit the doctor's medical certificate according to the provision of Ordinance.
The recognition of unemployment under the provision of the preceding paragraph shall be made only once within the said 30 days.
Article 33-(7). In case a claimant cannot avail himself of the recognition of unemployment on account of going to the employer at the instance of the competent S. E. S. A. or P. E. S. O., the chief of the competent S. E. S. A. or P. E. S. O. may make the recognition of unemployment for the period necessary for going to the employer. However, it is necessary to submit a certificate of the employer according to the provision of Ordinance.
In case a person who is to receive the recognition of unemployment is receiving vocational training at the direction of the chief of the competent S. E. S. A. or P. E. S. O., the chief of the competent S. E. S. A. or P. E. S. O. may make the recognition of unemployment for the period of the training. However, it is necessary to submit a certificate of the chief of the vocational training institute.
Article 33-(8). In case a person who is to receive the recognition of unemployment cannot avail himself of the recognition of unemployment on account of natural calamity or unavoidable circumstances, the chief of the comptent S. E. S. A. or P. E. S. O. may make the recognition of unemployment for the period claimed. However, it is necessary to submit a certificate of the calamity or circumstances prepared by the Government or public authorities which exercise jurisdiction over his residence.
In Art.33-(5), Par.3, "by the following distinction" shall be added next to "benefits necessary," "how to calculate unemployment insurance benefits in such case shall be specified by Cabinet Order" shall be repealed, and the following 2 items shall be added before the same Article, Par.4:
1) If the daily amount of his earnings (minus 5 yen) plus the daily amount of unemployment insurance benefits to be paid do not exceed 80% of the daily standard wages on which the amount of unemployment insurance benefits was calculated, the unemployment insurance benefits shall not be deducted;
2) In case the summed up amount under the preceding item exceeds the amount equal to 80% of the daily standard wages, the balance between that exceeded amount and the daily amount of unemployment insurance benefits to be granted to the said person. However, in case that exceeded amount is over the daily amount of unemployment insurance benefits to be granted to the said person, this provision shall not apply.
In Art.33-(8), "Art.33-(6)" shall read "Art.33-(10)."
The following one Article shall be added in Chapter III, Section 2:
Article 33-(14). In case a person who has been the insured intends to remove his permanent or temporary residence in order to be employed at the instance of the S. E. S. A. or P. E. S. O., the Government may grant the expenses necessary for the removal of him and the supported.
Necessary matters concerning the granting of expenses as provided for by the preceding paragraph shall be fixed by the Welfare Minister after conculting with the Seamen's Insurance Advisory Committee.
In Art.40, Par.1, "within the term fixed in Cabinet Order," degree of disability as prescribed in Cabinet Order "and" or an invalidity allowance in the form of a lump sum "shall read respectively" within two years reckoned from the day on which medical benefits were granted with respect to sickness, injury or sickness caused by them, "degree of disability as provided for in Annexed Table No.6" and "or in case a person is still in the state of degree as provided for in Annexed Table No.7 on the said bay, he shall be granted as invalidity allowance in the form of a lump sum."
The following one paragraph shall be added to Art.41:
In case a person in receipt of an invalidity pension from a cause on duty has become again incapable to such a degree as to be granted invalidity pension, his degree of incapacity shall be decided by the aggregated state of the former and the latter incapacity.
Article 41-(2) shall be Art.41-(3) and the following one Article shall be added before the same Article:
Article 41-(2). The insured who receives the invalidity pension according to the preceding Article, Par.1, Item 1, and come under 1st to 3rd degree designated in Annexed Table No.6 or the person who comes under the preceding Article Par.1, Item 2, and his invalid condition agrees with 1st to 6th item, in case he or she "has a spouse or child falling under any of the following items," shall receive\2,400 per such spouse or child in addition to the amount prescribed in each item or the preceding Article:
1) A spouse or a child under the age of 16 years who was supported by a person receiving invalidity pension at the time when the said person became disabled;
2) A spouse or a child who has, owing to disability, no working capacity continuously since the time when the said person be came disabled.
The following one paragraph shall be added to Art.42-(2):
In case there is a person having the right to receive widow's pension, widower's pension, or orphan's pension, the provisions of the preceding paragraph shall not apply.
In Art.42-(3), Par.1, "within the term fixed in Cabinet Order" shall read "within two years reckened from the day on which medical benefits were granted with respect to sickness, injury or sickness caused by them."
Article 43. To a person who has the right to receive an old-age pension, and an invalidity pension or to receive two or more invalidity pensions, one of these pensions shall be granted according to the following distinction:
1) In case the amount 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 invalidity pensions are the same, the former invalidity pension.
In case the person under the preceding paragraph becomes to be suspended the old-age pension or becomes not to be granted the invalidity pension on account of having fallen under the first paragraph of Art.39 or under Art.44, he shall be granted the pension which has not been granted according to the preceding paragraph.
Article 46. In case a person whose term of coverage as the insured is 3 years or more but less than 15 years died, in case the said person has attained the age of 50 years after he lost the qualification, or in case the said person has lost the qualification after he attained the age of 50 years or more, a retirement allowance shall be granted. This provision, however, shall not apply to a person who dies from a cause on duty within the term under the provision of Art.42-(3), Par.1.
In case the insured whose term of coverage is 6 months or more but less than 15 years died from a cause off duty or in case the female insured 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 the insured at present or who is receiving a sickness-injury allowance or unemployment insurance benefits.
In Art.47-(2), "or in case the female insured lost the qualification owing to her marriage or confinement" shall be added next to "dies from a cause off duty."
Article 47-(3). A retirement allowance shall not be granted to a person in receipt of widow's pension, widower's pension or the balance according to the provision of Art.49-(7).
Section 6 shall be Section 7, and each Section as far as Section 8 shall be carried down one by one, and the following one Section shall be added next to Art.49.
Section 6. Widow's Pension, Widower's Pension and Orphan's Pension
Article 49-(2). In case the insured whose term of coverage is 6 months or more but less 15 years died from a cause off duty, or in case he or she died, within 2 years reckoned from the day of his or her disqualification, from sickness, injury or sickness caused by them originated before he or she lost the qualification, or in case of death of a person entitled to an invalidity pension owing to the fact that his or her disability from a cause off duty has come under from Items 1 to 6 inclusive of disability stipulated in Annexed Table No.6, a widow's pension, a widower's pension or an orphan's pension shall respectively be granted to his widow, her widower or his or her children. However, as long as the widow's pension or the widower's pension is granted, an orphan's pension shall not be granted for the same reason.
Article 49-(3). The amount of widow's pension, widower's pension or orphan's pension shall be twice the amount of the average standard monthly remuneration.
The amount of an orphan's pension shall, if there are two or more children to be entitled to an orphan's pension, be the amount increased by 2,400 yen per each of such children except one.
Article 49-(4). In case there is a child or are children provided for by Art.23-(6), Par.1, Item 2, 2,400 yen per such child shall be granted in addition to the amount of a widow's pension under the preceding Article, Par.1.
Article 49-(5). In case a person having the right to a widow's pension, a widower's pension or an orphan's pension comes under any of Items of Article 50-(4), the said person shall lose the right to a widow's pension, a widower's pension or an orphan's pension.
Article 49-(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 the widow's pension or the widower's pension may, on the application of an orphan able to claim an orphan's pension, be suspended as long as his or her whereabouts is unknown.
When the payment of a widow's pension or a widower's pension was suspended according to the preceding paragraph, an orphan's pension shall be granted during the period of suspension.
The provision of Art.50-(5) shall apply correspondingly to the case where the whereabouts of a person entitled to an orphan's pension is unknown for one year or more.
Article 49-(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 the insured, the formerly insured or a person rcceiving invalidity pension under Art.49-(2), at the time of such child's birth), there is not an orphan able to claim an orphan's pension, or if, at the time when children having the right to an orphan's pension lost that right (when there was a child who was fetus at the time of death of the insured, the formerly insured or a person receiving invalidity pension under Art.49-(2), at the time of such child's birth), there is no other child to be granted an orphan's pension, a lump sum payment shall be granted to the survivors of the insured, the formerly insured or a person receiving invalidity pension according to the provisions of Par.2. In case, however, there are one or more of an invalidity pension, a widow's pension, a widower's pension or an orphan's pension already granted, the balance got by deducting the total sum of the pensions already granted shall be gaid to the said person's survivors as a lump sum payment.
The amount of the lump sum payment under the preceding paragraph shall be the amount equal to a retirement allowance which would have been granted to the said person or his survivor in case the insured, the formerly insured or a person receiving invalidity pension under Art.49-(2) died.
In Art.50, Item 3, "fixed in Cabinet Order" shall be repealed.
In Art.50-(2), Par.1, Item 5, "fixed in Cabinet Order" shall be repealed.
The following one paragraph shall be added to Art.50-(3).
In the case of Art.50-(2), Par.1, Item 4 or 5, the provisions of Art.49-(3), Par.2 and Art.49-(4) shall apply correspondingly regardless of the provisions of the preceding paragraph.
In Art.50-(4), "dies or comes under the circumstances prescribed in Cabinet Order" shall read "comes under any one of the following items," "a person standing next in order" shall read "no person of the same priority, but there is a person of a lesser priority" and the following 4 items shall de added to Art.50-(4):
1) In case of death;
2) In case he or she has remarried (including the case where he or she has not yet gone through the legal formalties), or in case he or she has left the census register at the time of the death of the formerly insured owing to the fact that he or she was adopted;
3) In case a child or a grandchild (except one who has, owing to disability, no working capacity continuously since the time of the death of the insured or the formerly insured) has attained the age of 16 years.
4) In case where male spouse, child, parents, grandchild and grandparents who were in receipt of 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.50-(5), Par.1, "a person of the same priority or" and "to be granted to a person" shall respectively be added next to "on application of" and that pension, "and in Art, 50-(5), Par.2," the pension "and" the applicant "shall respectively read" that suspended survivor's pension "and" the person concerned of the same priority or of a lesser priority."
In Art.50-(6), "standing next in order" shall be repealed, and in Art.50-(6), Item 5, "fixed in Cabinet Order" shall be repealed.
In Chapter III, Section 7, the following one Article shall be added next to Art.50-(7):
Article 50-(8). In case the supported died, the amount equal to the amount of the monthly standard remuneration for one month shall be granted, as family funeral expenses, to the insured.
In Art.51, Par.1, "or funeral expenses" shall read "widow's pension, widower's pension, orphan's pension or funeral expenses," and in Art.51, Par.2, "or Art.50-(6)" shall read "Art.49-(7) or Art.50-(6)" and "or funeral expenses" shall read "widow's pension, widower's pension, orphan's pension or funeral expenses" and "a person standing next in order" shall read "a person of the same priority or a person of a lesser priority."
Article 55. In case a person received or tried to receive insurance benefits by fraud or other unjust methods, the administrative office may decide to stop the granting of the whole or a part of sickness allowance to him within the term of 6 months. This provision, however, shall not apply when one year has elapsed from the day on which the fraud or other unjust methods were committed.
In Art.57, "or survivor's pension" shall read "survivor's pension, widow's pension, widower's pension or orphan's pension."
Art.75-(3) shall be repealed,
In Art.58, Par.1, "according to the provi-sions of Cabinet Order" shall be repealed and "and the amount of insurance benefits which shall be granted to seamen entitled to accident compensation under the provision of Mariner's Law and which correspond to that compensation in its amount" shall be added next to "funeral expenses."
In Art.59, Par.4, Item 1, "19.2%" shall read "19.6%," in the same Par., Item 2, "17%" shall read "17.4%" and in the same Par., Item 3, "12.2%" shall read "10%."
In Art.60, Item 1, "7.9/19.2" and "11.3/19.2" shall read "8.1/19.6" and 11.5/19.6 "respectively, and in the same Article, Item 2," 6.8/17 "and" 10.3/17 "shall read respectively" 7/17.4 "and" 10.4/17.4,"
Article 62, Par.1 shall read as follows:
A shipowner, when he pays to an insured person his remuneration, may deduct the previous month's premiums (in case the remuneration paid is for the term more than 2 months, premiums for that term) to be borne by the insured from his remuneration. In case he has ceased to employ the insured, he may deduct that month's premiums.
In Chapter IV, the following two Articles shall be added next to Art.62:
Article 62-(2). Premiums for each month shall be paid by the end of the next month. However, as for premiums to be paid by the insured under the provision ot Art.20 it shall be paid by 10th of the month.
In case the administrative office finds the noticed amount of premiums exceeds the amount to be paid by the proper obligor after the notice for payment was made, or in case he finds the amount paid exceeds the amount to be paid, he may regard the notice or payment of that part in excess as the notice or payment made in advance of the date with respect to premiums to be paid on the date within 6 months after that notice or payment was made.
In case the administrative office has regarded that notice for payment or payment of premiums was made in advance of the date according to the provisions of the preceding paragraph, he ought to give notice to that effect to the proper obligor.
Article 62-(3). In case a person who ought to pay premiums comes under any one of the following items, premiums may be all collected even before the proper term:
1) In case he submits to the disposition for the recovery of national or local tax or other public imposts;
2) In case he submits to the compulsory execution;
3) In case he is adjudicated to have become bankrupt;
4) In case the auction has begun about his property;
5) In case the juridical person who has employed him is dissolved.
In case the owner of the ship on board of which an insured person has got or is to get has been changed, or in case the ship on board of which an insured person has got or is to get has been destroyed, sunk or has become unable to sail, the provision of the preceding paragraph shall apply correspondingly.
"Chapter V. Demand for Investigation, Petition and Lawsuit" shall be amended as "Chapter V. Appeal and Lawsuit."
Article 63-(2) shall be repealed.
In Art.64, "the competent Minister shall give the decision" shall be amended as "any appeal to the Seamen's Insurance Appeal Board."
Article 65. 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-(2). The Seamen's Insurance Appeal Board shall be established in the Welfare Ministry.
Article 65-(3). The Seamen's Insurance Appeal Board shall consist of 3 persons representing the insureds, 3 persons representing the ship-owners and 3 persons representing the public interest, and each member shall be appointed by the Welfare Minister.
Article 65-(4). The term of office of the members of the Seamen's 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-(5). There shall be a chairman of the Seamen's 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-(6). The Seamen's 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 ship-owners and one member representing the public interest.
Article 65-(7). A decision of the Seamen's Insurance Appeal Board shall be made by a majority of those present, and in case of a tie, the Chairman shall make the decision.
Article 65-(8). Any person who is dissatisfied with a decision with regard to payment of benefits and wishes to appeal shall do so to the Insurance Referee who is competent to the jurisdiction of the Prefectural Governor who made the decision or of the area where the P. E. S. O. or the S. E. S. A. which made the decision exists, or, if the Welfare Minister made the decision, the jurisdiction of the claimant's residence.
The appeal mentioned above may be made through the Prefectural Governor who made the decision or the P. E. S. O. or the S. E. S. A. which made the decision with regard to the payment of benefits or through the Prefectural Governor or the Insurance Referee who is competent to 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 claimant to that effect.
Article 65-(9). An appeal to the Insurance Referee of or the Seamen's Insurance Appeal Board may be made either in writing or verbally.
Article 65-(10). The Insurance Referee and the Seamen's Insurance Appeal Board shall hold a hearing promptly after receiving an appeal. In case, however, it is difficult for the claimant to attend the hearing, the Insurance Referee and the Seamen's Insurance Appeal Board may hold such a hearing on the basis of written statements in lieu of said procedure.
Article 65-(11). When the Insurance Referee or the Seamen's Insurance Appeal Board deems it necessary, they may require the person responsible for the award of insurance benefits, the shipowner, the claimant or other interested parties or witnesses 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 Seamen's 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 Seamen's Insurance Appeal Board according to the provisions of the preceding paragraph.
Article 65-(12). The person responsible for the award of insurance benefits, the ship-owner, the claimant and other interested parties and witnesses may express their opinon or submit documentary evidence to the Insurance Referee or the Seamen's 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-(13). In case a certain limited portion of the case has been settled, the Insurance Referee or the Seamen's Insurance Appeal Board may make the decision respecting that part first.
Article 65-(14). The decisions of the Insurance Referee and the Seamen's Insurance Appeal Board shall be in written form with explanations.
Article 65-(15). If the applicant dies before the conclusion of the case, the right of appeal shall be transferred to his successor.
Article 66. No Insurance Referee, member of the Seamen's Insurance Appeal Board or person who is working or has worked for the Seamen's Insurance Appeal Board shall disclose a secret which he learned while performing his duties.
Article 67. An appeal shall be made or a lawsuit instituted within 60 days from thed ate of receiving a written decision, provided that, with respect to an appeal, this time limit may be extended for good cause as determined by the Insurance Referee or Seamen's 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 67-(2). Matters of an administrative nature concerning the Insurance Referee and the Seamen's Insurance Appeal Board may be provided for by Cabinet Order.
Supplementary Provisions, Items 2 and 3 shall be amended as follows:
With regard to a person who was on board as a seamen to be an insured person under the provision of Art.17 for 5 years or more within 15 years before June 1, 1940, if, in case he loses the qualification of an insured person at the age of 45 or more, the total of the term on board within the same 15 years and the insured term amounts to 15 years or more but the insured term by itself is less than 15 years, the amount of retirement allowance to be granted to him shall, regardless of Arts.46 and 47, be the amount got by multiplying the number of months stipulated in Annexed Table No.8 for average standard monthly remuneration of the whole term of coverage. The amount to be granted to the person entitled to invalidity allowance, however, shall not exceed the sum equal to 24 times the average standard monthly remuneration for all of the term of coverage together with the amount of invalidity allowance (in case of a person entitled to invalidity allowance for incapacity from a cause on duty, the amount equal to 26 timer the avarage standard remuneration together with the amount of invalidity allowance).
With respect to the person who comes under the provisions of Art.42-(3), Art.47-(2) or Art.50, Item 3, the provision of the preceding paragraph shall not apply.
Annexed Table No.3 shall be amended as follows:
Annexed Table No.3
Insured Term Number of Months
3 years or more
3.0
4,,
4.0
5,,
5.0
6,,
6.0
7,,
7.0
8,,
8.5
9,,
10.0
10,,
11.5
11,,
13.0
12,,
14.5
13,,
16.0
14,,
18.0
Annexed Table No.5 shall be amended as follows:
Annexed Table No.5
Class
Average standard daily wages
Rate of Unemployment Insurance Benefit
1
Less than 20yen
80%
2
More than 20yen but Less than 25yen
77%
3,,
25,,
75% ,, 30,,
4,,
30,,
73% ,, 35,,
5,,
35,,
70% ,, 40,,
6,,
40,,
67% ,, 45,,
7,,
45,,
65% ,, 50,,
8,,
50,,
63% ,, 55,,
9,,
55,,
60% ,,100,,
10,,
100,,
59% ,,110,,
11,,
110,,
58% ,,120,,
12,,
120,,
56% ,,130,,
13,,
130,,
54% ,,140,,
14,,
140,,
53% ,,150,,
15,,
150,,
51% ,,160,,
16,,
160,,
50% ,,170,,
17,,
170,,
49% ,,180,,
18,,
180,,
48% ,,190,,
19
More than 190 yen
46% Less than 200 yen
20 ,,
200 ,,
44% ,, 210 ,,
21 ,,
210 ,,
43% ,, 220 ,,
22 ,,
220 ,,
41% ,, 230 ,,
23
More than 230 yen
40%
Remarks:
1. In case the amount of each class calculated on the basis of this table exceeds the least amount of the next class, the amount to be paid shall not exceed that least amount.
2. With regard to unemployment insurance benefit, in case the table of unemployment insurance benefit for landworkers has been amended and enforced according to the provisions of Art.17, Pars.5 and 6 of the Unemployment Insurance Law, in Class 17 and Class 18, "180 yen" shall read "190 yen" and 10 yen shall be increased in each Class in due order to Class 23, and then this Table shall apply.
The following three tables shall be added next to Annexed Table No.5:
Annexed Table No.6
State of the Degree of Incapacity to be Granted Invalidity Pension
Incapacity on duty
Degree of Incapacity
No.
State of Incapacity
Class 1
1
Those who are blind in both eyes.
1
Diminishing both eye-sights below 0.02.
2
Those who are disabled in the function of speech and mastication.
2
Loss of one eye-sight plus diminishing the other below 0.06.
3
Those who, with the heavy nerves, require care and protection at the normal time.
3
Loss of the function of speech.
4
Those who, with the heavy impediments in the functions of chest and abdominal organs, require care and protection at the normal time.
4
Loss of the function of speech.
5
Those who have been paralysed in one side.
5
Loss of ten fingers.
6
Those who have lost both of their upper limbs upward of the below joints.
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.
7
Those who have been completely disabled in both of their upper limbs.
7
Diminishing of both eye-sights below 0.1.
8
Those who have lost both of their lower limbs upward of the knee joints.
8
Owing to loss of the major portion of both tympanic membranes or other causes, being unable to hear loud voice, unless spoken to with speaker's lips in touch with the auricle, or more serious in dafect.
9
Those who have been completely disabled in both of their lower limbs.
9
Retention of serious disorder in mastication and speech or in one of them.
Class 2
1
Those who have been blind in one eye, and have the other eye, the vision of which has become under 0.02.
10
Retention of serious functional disorder in spinal column.
2
Those, both of whose eyes have become under 0.02 in vision.
11
Those who have lost one of the upper limbs upward of its wrist joint.
3
Those who have lost both of their upper limbs upward of their wrist joints.
12
Those who have lost one of the lower limbs upward of its foot joint.
4
Those who have lost both of their lower limbs upward of their foot joints.
13
Those who have been disabled in two or three of the three greater joints of one of the upper limbs.
Class 3
1
Those who have been blind in one eye and have the other eye, the vision of which has become under 0.06.
14
Those who have been disabled in two or three of the three greater joints in one of the lower limbs.
2
Those who have been disabled in the function of speech or that of mastication.
15
Those who have lost five fingers of one hand or four fingers of it including the thumb and second finger.
3
Those who have the heavy impediments left in their nerves and cannot work for life.
16
Those who have lost all of their ten fingers.
4
Those who have the heavy impediments lefe in the functions of chest and abdominal organs and cannot work for life.
17
Besides the preceding items, serious diminution of working capacity due to the retention of mental or physical disorder arisen out of sickness or injury.
5
Those who have lost all of their ten fingers.
Class 4
1
Those the vision of both of whose eyes has become under 0.06.
2
Those who have heavy impediments left in the functions of mastication and speech.
3
Those who have been completely deaf in both are due to the complete loss of tympanic membranes or other causes.
4
Those who have lost one of their upper limbs upward of the below joint.
5
Those who have lost one of lower limbs upward of the knes joint.
6
Those who have been completely disabled in their ten fingers.
7
Those who have lost both of their feet upward of Lisfranc joints.
Class 5
1
Those who have been blind in one eye and have the other eye, the vision of which has become under 0.1.
2
Those who have lost one of the upper limbs upward of its wrist joint.
3
Those who have lost one of the lower limbs upward of its foot joint.
4
Those who have been completely disabled in one of the upper limbs.
5
Those who have been completely disabled in one of the lower limbs.
6
Those who have lost all of their ten toes.
Class 6
1
Those, the vision of both of whose eyes has become under 0.1.
2
Those who have the heavy impediments left in the function of mastication or speech.
3
Those, who are, owing to loss of the major portion of both tympanic membranes or other causes, unable to hear loud voice, unless spoken to with speaker's lips in touch with the auricle.
4
Those who have the remarkable deformities or heavy motor impediments left in their spinal column.
5
Those who have been disabled in two of the three greater joints of one of the upper limbs.
6
Those who have been disabled in two of the three greater joints in one of the lower limbs.
7
Those who have lost five fingers of one hand or four fingers of it including the thumb and the second finger.
Remarks:
1. When incapacity is considered to correspond to a certain number of a certain class though it does not come under one of the abovementioned numbers, it shall be regarded to come under a certain number of a certain class to which the said incapacity comes nearest.
2. The eye-sight is measured by the international visual map, with regard to the eye with irregular refraction, the eye-sight shall be measured after its correction.
3.Loss of finger shall mean its loss from the finger-knuckle, in case of the thumb:its loss from the first finger-knuckle, in case of other fingers.
4. Loss of the functions, of finger shall mean its loss of the half or more of the last segment, or retention of serious motional disorder in the hand-knuckle or in the first finger-knuckle (the finger-knuckle in case of the thumb).
5. Loss of the toe shall mean its total loss.
6. Loss of the function of the toe shall mean its loss of the half or more of the last segment, in case of the first toe:its loss from the last toe-knuckle, in case of other toes:or the retention of serious motional disorder in the material of the first toe.
Annexed Table No.7
State of the Degree of Incapacity to be Granted Invalidity Allowance
Incapacity on duty
Degree of Incapacity
No.
State of Incapacity
Class 1
1
Those who have been blind in one of eye and the vision of whose other eye has become under 0.6.
1
Diminishing both eye-sights below 0.6, or one eye-sight below 0.1.
2
Those, the audition of both of whose ears cannot catch an ordinary voice at the distance of 40c. m. or more from them due to the medium grade damage of the eardrums.
2
Striking breakage on both eyelids, purblind in both eyes, or stricture or irregularity of visual field of both eyes.
3
Those who have the troubles in their nerves and can serve in nothing but light labor.
3
Owing to loss of the medium portion of one tympanic membrance or other causes, being unable to hear an ordinary voice at the distance of 40c. m. or more, or being unable to hear loud voice, unless spoken to with speaker's lips in touch with the auricle.
4
Those who have the impediments left in the functions of their chest and abdominal organs and can serve in nothing but light labor.
4
Retention of functional disorder in masitication and speech or in one of them.
5
Those who have lost the thumb and the second finger of one hand or three fingers of it including eighter the thumb or the second finger.
5
Retention of serious functional disorder owing to breakage of nose.
6
Those who have been disabled in the functions of their five fingers of one hand or four fingers of it including the thumb and the second finger.
6
Retention of serious motional disorder in spinal column.
7
Those who have lost one foot upward of the lisfran joint.
7
Those who have been disabled in the function of one of the three greater joints of one of the upper limbs, or retention of serious functional disorder in one or more joints.
8
Those who have been disabled in the functions of ten toes.
8
Those who have been disabled in the function of one of the three greater joints of one of the lower limbs, or retention of serious functional disorder in one or more joints.
9
Those females who have remarkable deformities left on their external appearances.
9
Those who have one of the lower limbs shortened by 3 centimeters or more.
10
Those who have lost both of their testicles.
10
Retention of an artificial joint in long-tube bone.
Class 2
1
Those who have been blind in one eye, or have one eye, the vision of which has become under 0.2.
11
Those who have lost two or more fingers of one hand or lost the thumb or the second finger.
2
Those who have the motor impediments left in their spinal column.
12
Those who have been disabled in the functions of three or more fingers of one hand, disabled in the functions of two fingers including the second finger or disabled in the functions of the thumb.
3
Those who have the remarkable impediments in the functions of the nervous system and can serve in nothing but light labor.
13
Those who have lost four toes or more of one foot;or lost the first toe.
4
Those who have lost four fingers of one hand including the thumb.
14
Those who have been disabled in the function of all five toes of one foot.
5
Those who have been disabled in the functions of the thumb and the second finger of one hand or more than three fingers of it including the thumb or the second finger.
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.
6
Those who have one of their lower limbs shortened by 5 c. m. or more.
7
Those who have been disabled in the function of one of the three greater joints of one of the upper limbs.
8
Those who have been disabled in the function of one of the three greater joints of one of the lower limbs.
9
Those who have a false joint left in one of the upper limbs.
10
Those who have a false joint left in one of the lower limbs.
11
Those who have lost five toes of one foot.
12
Those who have lost the spleen or the kinkney on one side.
Class 3
1
Those, the vision of both of whose eyes have become under 0.6.
2
Those, the vision of one of whose eyes has become under 0.06.
3
Those who have half-blind case, the stricture of the field of vision, or the distortion of the field of vision left in both eyes.
4
Those who have both their eyelids remarkably damaged.
5
Those who have their noses remarkably damaged and have remarkable impediments in the functions left.
6
Those who have impediments in the functions of mastication and speech.
7
Those who have been completely deaf in one ear due to the complete loss of the eardrum and others.
8
Those who have lost the thumb of one hand, those who have lost two fingers including the thumb, or those who have lost three fingers except the thumb and the second finger.
9
Those who have been disabled in two fingers of one hand including the thumb.
10
Those who have lost two toes or more of one foot including the first toe.
11
Those who have been disabled in the functions of five toes of one foot.
12
Those who have the remarkable impediments in the external genitals.
Class 4
1
Those, the vision of one of whose eyes has become under 0.1.
2
Those who have the impediments left in the function of mastication or speech.
3
Those who have more than fourteen of the teeth repaired dentally.
4
Those, the audition of one of whose ears cannot catch loud voice, unless it is uttered closs by the article, due to the loss of most part of the ear-drum.
5
Those who have lost the second finger of one hand or two fingers of it except the thumb and the second finger.
6
Those who have been disabled in the function of the thumb of one hand those who have been disabled in the function of two fingers including the second finger, or those who have been disabled in the functions of three fingers except the thumb and the second finger.
7
Those who have one of the lower limbs shortened by 3 c. m.
8
Those who have lost the first toe or the other four toes of one foot.
9
Those who have the remarkable impediments left in the function of one of the three greater joints of one of the upper limbs.
10
Those who have the remarkable impediments left in the function of one of the three greater joints of one of the lower limbs.
Class 5
1
Those who have the remarkable functional impediments in adjustment or motor impediments left in both of the eye-balls.
2
Those who have the remarkable motor impediments left in the eye-lids of both eyes.
3
Those who have the remarkable damages left in the eye-lid of one of the eyes.
4
Those, the audition of one of whose ears cannot catch an ordinary voice at the distance of 40 c. m. or more due to the medium degree of the damages of the eardrum and others.
5
Those who have the deformity left in the spinal column.
6
Those who have lost the third and fourth fingers of one hand.
7
Those who have been disabled in the function of the second finger of one hand, or those who have been disabled in the functions of two fingers of it except the thumb and the second finger.
8
Those who have been disabled in the function of two toes or more of one foot including the first toe.
9
Those who have the impediments left in the functions of the chest and abdominal organs.
Class 6
1
Those who have the remarkable functional impediments in adjustment or motor impediments left in one of the eye-balls.
2
Those who have the remarkable motor impediments left in one of the eye-lids.
3
Those who have more than seven teeth repaired dentelly.
4
Those who have lost most part of one of the auricles.
5
Those who have the remarkable deformities left in the collar-bodes, the breast bone, the ribs the shoulder-blades or the pelvis.
6
Those who have the impediments left in the function of one of the three greater joints of one of the upper limbs.
7
Those who have the impediments left in the function of one of the three greater joints of one of the lower limbs.
8
Those who have the deformity left in the longtube bone.
9
Those who have been disabled in the function of the third finger or the fourth finger of one hand.
10
Those who have lost the second toe of one foot, those who have lost two toes including the second toe, or those who have lost three toes except the first and second toes.
11
Those who have been disabled in the function of the first toe or the other four toes.
12
Those who have malignant nervous diseases left in the affected parts.
13
Those males who have the remarkable deformities left on the external appearance.
14
Those females who have the deformities left on the external appearance.
Class 7
1
Those, the vision of one of whose eyes has become under 0.6.
2
Those who have the half-blind case, the stricture of the field of vision, or the distortion of the field of vision left in one of the eyes.
3
Those who have the damages left in a part of both eye-lids, or have the eyelashes baldness left in them.
4
Those who have lost the little finger of one band.
5
Those who have lost a part of the finger bones of the thumb of one hand.
6
Those who have lost a part of the finger bones of the second finger of one hand.
7
Those who have been unable to extend and contract the last joint of the second finger of one hand.
8
Those who have one of the lower limbs shortened by 1 c. m. or more.
9
Those who have lost one or two toes of one foot except the thumb or the second finger.
10
Those who have been disabled in the function of the second toe of one foot, those who have been disabled in the function of two toes including the second toes, or those who have been disabled in the function of the three toes except the first and second toes.
Class 8
1
Those who have the damages left on a part of the eye-lids of one eye or the eye-lash baldness left or it.
2
Those who have more than three teeth repaired dentally.
3
Those who have the deformed scars of the size of the palm left on the exposed side of the upper limbs.
4
Those who have the deformed scars of the size of the palm left on the exposed side of the lower limbs.
5
Those who have been disabled in the function of the little finger of one hand.
6
Those who have lost a part of the finger-bones of the fingers of one hand except the thumb and the second finger.
7
Those who have been unable to extend and contract the last joints of the fingers of one hand except the thumb and the second finger.
8
Those who have been disabled in the function of one or two toes of one foot except the first and second toes.
9
Those who have the nervous diseases left in the affected parts.
10
Those males Who have the deformities left on the external appearance.
Remarks: The same as the remarks of the Annexed Table No.6.
Annexed Table No.8
Term for which one was insured
Term for which one was on board a ship in 15 years before June 1, 1940 as Seamen qualified for the insured in accordance with Art.17
5 years and more than 5 years
6 years and more than 6 years
7 years and more than 7 years
8 years and more than 8 years
9 years and more than 9 years
10 years and more than 10 years
11 years and more than 11 years
12 years and more than 12 years
13 years and more than 13 years
14 years and more than 14 years
1 year and more than 1 year
months 2.0
months 2.0
2 years and more than 2 years
months 3.0
3.5
3.5
3 years and more than 3 years
months 4.5
4.5
5.0
5.0
4 years and more than 4 years
months 5.5
6.0
6.0
6.5
6.5
5 years and more than 5 years
months 7.0
7.0
7.5
7.5
8.0
8.0
6 years and more than 6 years
months 8.0
8.5
8.5
9.0
9.0
9.5
9.5
7 years and more than 7 years
months 9.5
9.5
10.0
10.0
10.5
10.5
11.0
11.0
8 years and more than 8 years
months 10.5
11.0
11.0
11.5
11.5
12.0
12.0
12.5
12.5
9 years and more than 9 years
months 12.0
12.0
12.5
12.5
13.0
13.0
13.5
13.5
14.0
14.0
10 years and more than 10 years
13.5
13.5
14.0
14.0
14.5
14.5
15.0
15.0
15.5
15.5
11 years and more than 11 years
15.0
15.0
15.5
15.5
16.0
16.0
16.5
16.5
17.0
17.0
12 years and more than 12 years
17.0
17.0
17.5
17.5
18.0
18.0
18.5
18.5
19.0
19.0
13 years and more than 13 years
19.0
19.0
19.5
19.5
20.0
20.0
20.5
20.5
21.0
21.0
14 years and more than 14 years
21.0
21.0
21.5
21.5
22.0
22.0
22.5
22.5
23.0
23.0
Supplementary Provisions:
Article 1. This Law shall come into force as from Sept.1, 1948.
Article 2. The word "average standard monthly remuneration" in Art.49-(3), Par.1 shall read "last standard monthly remuneration" for the time being.
Article 3. The amount of invalidity pension or survivor's pension to be granted to those persons who have the right to receive the abovementioned pensions from a cause on duty on the day of the enforcement of this Law, regardless of the provisions of Art.41, Art.50-(2) or Art.2 or 3 of Supplementary Provisions of the Law concerning the partial amendment to the Seamen's Insurance Law (Law No.103 of 1947), shall be the amount equal to 5 times the amount of the former invalidity pension or survivor's pension. However, with respect to the pension to be granted to those persons who have the right to receive invalidity pension or survivor's pension, during the term from Dec.1, 1947 to the day of the enforcement of this Law, this provision shall not apply.
With respect to the expense which shall be borne by the National Treasury for the former invalidity pension and survivor's pension which are under Art.3 of Supplementary Provisions of the Law concerning the partical amendment to the Seamen's Insurance Law (Law No.103 of 1947) and were increased by the provision of the preceding paragraph, the provision of the same Article shall successively apply.
Article 4. The rate of the contribution shall be, irrespecrive of the provision prescribed in Art.59, Par.4, in case the person is insured undet Art.17 and does not come under Art.33-(3), Par.2,115/1,000 of his standard monthly remuneration, and in case said Article, said paragraph he comes under the same paragraph of the same Article, 93/1,000 of his standard monthly remuneration for the time being.
Article 5. For the time being, the bearing portion of amount of contributions calculated by the rate of contribution under the preceding Article shall, irrespective of the provisions of Art.60, Par.1, be 4.0/11.5 and 7.0/11.5 of the whole amount of contributions for the insured and the shipowner respectively with regard to an insured under the provision of Art.17 who does not come under Art.33-(3), Par.2, and with regard to the insured under the provisions of Art.17 who comes under Art.33-(3), Par.2, 2.9/9.3 and 6.4/9.3 of the whole amount of contributions for the insured and the shipowner respectively.
Article 6. Regardless of amended Art.4 and Art.4-(2), with respect to the calculation of the amount of old-age pension (including the amount of old-age pension on which the amount of Survivor's pension provided for by Art.50-(2), Par.1, Items 1 to 3 is calculated), the monthly standard remuneration during tht term provided for by Art.4 of Supplementary Provisions shall be 500 yen.
Article 7. The Existing Insurance Referee and Seamen's Insurance Appeal Board and its officials at the time of enforcement of this Law shall become the corresponding organ and officials provided for by this Law and shall continue to exist with the same legal personality.
Minister of Finance KITAMURA Tokutaro
Minister of Welfare TAKEDA Giichi
Minister of Transportation OKADA Seiichi
Prime Minister ASHIDA Hitoshi