(The Object of the Law)
Article 1. The Special Instances of the Pension Law (Law No.48 of 1923) accompanying a change in public officials'allowances, etc. shall be governed by this Law.
It is hereby declared to be the intention of the Diet that insofar as any provisions of the National Public Service Law (Law No.120 of 1947, including the revised provisions of the said Law as well as Cabinet Orders, or Regulations concerning the National Personnel Commission validly issued pursuant thereto) is inconsistent with any provision of this Law, the said provisions of the National Public Service Law as defined above shall be controlling.
(Stoppage of a Pension in case of Youth)
Article 2. Irrespective of the provisions of Article 58, Paragraph 1, Paragraph 3 of the Pension Law (hereinafter to be called the Law), stoppage, of an ordinary pension shall be made as follows: Age of pensioner Proportion to be stopped Up to 40 (inclusive) 10/10 40 (exclusive)-45 (inclusive) 5/10 45 (exclusive)-50 (inclusive) 3/10
The stoppage of an ordinary pension provided for in the preceding paragraph shall not be made in case it is accompanied with an additional pension or a disease and injury pension.
In the case of a person who has retired from office because of "a disease or an injury not attributable to public service the degree of which has reached the degree prescribed by Article 49-(2) or Article 49-(3) of the Law," the stoppage of an ordinary pension provided for in Paragraph 1 shall not be made for 5 years following the above retirement.
In the case of a person who has not been cured of the abovementioned disease or injury 6 months before the expiry of the term prescribed by the preceding paragraph, he may apply to the competent Deciding Office for the prolongation of the above term. In case the said persons disease or injury is still of the degree prescribed by the preceding paragraph, the stoppage of an ordinary pension provided for in Paragraph 1 shall not be made.
(Stoppage of a Pension in case of a Large Income)
Article 3. The stoppage of an ordinary pension under Article 58, Paragraph 1, Item 4 of the Law and Paragraph 2 of the same Article shall, irrespective of these provisions, be made as follows, in case the annual amount of the pension exceeds\15,000 and the annual amount of the income other than the said pension during the preceding year exceeds\150,000:
1. When the annual amount of the pension plus that of the income other than the said pension is less than\180,000, 15% of "'the sum exceeding\165,000'minus \165,000" shall be stopped. However, the annual amount of the pension to be paid shall not be less than\15,000.
2. When the annual amount of the pension plus that of the income other than the above pension exceeds\180,000 and is less than\240,000, "15% of ('the amount that exceeds\165,000 and is less than\180,000'minus\165,000) plus 20% of ('the amount that exceeds\180,000'minus\180,000)" shall be stopped. However, the annual amount of the pension to be paid shall not be less than\15,000;and the annual amount to be stopped shall not exceed 20% of the annual amount of the pension.
3. When the annual amount of the pension plus that of the income other than the pension exceeds \240,000 and is less than \300,000, "15% of ('the amount that exceeds \165,000 and is less than \180,000'minus \165,000) plus 20% of ('the amount that exceeds \180,000 and is less than \240,000'minus \180,000) plus 25% of ('the amount that exceeds \240,000'minus \240,000)" shall be stopped. However, the annual amount of the pension to be paid shall not be less than \15,000;and the annual amount to be stopped shall not exceed 25% of the annual amount of the pension.
4. When the annual amount of the pension plus that of the income other than the pension exceeds \300,000, "15% of ('the amount that exceeds \165,000 and is less than \180,000'minus \165,000) plus 20% of ('the amount that exceeds \180,000 and is less than \240,000'minus \180,000) Plus 25% of ('the amount tnat exceeds \240,000 and is less than \300,000'minus \240,000) plus 30% of ('the amount that exceeds \300,000'minus \300,000)" shall be stopped. However, the annual amount of the pension to be paid shall not be less than \15,000;and the annual sum to be stopped shall not exceed 30% of the annual amount of the pension.
Regarding the calculation of the'income other than the pension'under the preceding paragraph, Articles 9 and 10 of the Income Tax Law (Law No.27 of 1947) shall apply correspondingly.
The income other than the pension'under Paragraph 1 shall be fixed by the competent Deciding Office on the basis of the investigation made by the competent revenue office.
The pension-stoppage under Paragraph 1 shall, on the basis of the decision stated in the preceding paragraph, be made, to pensions for the period beginning in July of that year and ending in June of the following year. However, no stoppage of an ordinary pension for'the period beginning in the month following the month when the reason for receiving the said pension occurred and ending in June of the following year'shall be made.
In case a pension-stoppage provided for in Paragraph 1 must be made to'a pension for a period before the preceding year'owing to delay in the application therefor or the decision thereof, the amount-to-be-stopped may, irrespective of the provisions of the preceding paragraph, be deducted from "'the amount of the pension to be paid'for a period later than the period for which the above pension-stoppage is to be made."
(Contributions by Individuals)
Article 4. In the application of the provisions of Article 59, Paragraph 2, Proviso and Article 59, Paragraph 3 of the Law, "1%" in the above provisions shall read "2%."
(The Annual Amount of an Additional Pension)
Article 5. "The annual amount of an additional pension to be granted to a public official or a quasi-public-official" shall, irrespective of the provisions of Article 65 of the Law, be the amount calculated by multiplying "the annual amount of the salary at the time of retirement" by "the rate, shown in Annexed Table No.1, determined according to the cause of disease or injury and the degree of disability." However, in the case of a person who did not retire within 5 years of the time he contracted the disease or suffered the injury, "the annual amount of his salary calculated on the basis of the amount of his salary received 5 years after the aforementioned time" shall be regarded as "the annual amount of his salary at the time of retirement."
(The Annual Amount of a Disease-and-injury Pension)
Article 6. The annual amount of a disease-and-injury pension to be granted to a public official or a quasi-public-official shall, irrespective of the provisions of Article 65-(2) of the Law, be the amount calculated by multiplying "the annual amount of the salary at the time of retirement" by "the rate, shown in Annexed Table No.2, determined according to the cause of disease or injury and the degree of disability" (an amount equal to 85% of the above amount, in case the said disease-and-injury pension is accompanied with an ordinary pension).
The provision of the Proviso to the preceding Article shall apply correspondingly to the calculation of "the annual amount of the salary at the time of retirement" of a person who is to be granted a disease-and-injury pension.
(Increase of "an Additional Pension of a Disease-and-injury Pension" to be made for Dependents)
Article 7. In case a person entitled to an additional pension or a disease-and-injury pension has dependents to support, "an amount calculated by multiplying \2,400 by the number of dependents" shall be added to the annual amount of the above pension.
"Dependents to support" under the preceding paragraph shall mean the grandparents, parents, wife, and children under age, of a recipient of an additional pension or a disease-and-injury pension, who continuously have been supported by, or lived with the latter since the time of his retirement.
(The annual amount of a dependency pension)
Article 8. In the application of the provisions of Paragraph 1 of Article 75 of the Law, "the rate, shown in Annexed Table No.5, determined according to the decedent's rank and class at the time of retirement" in Item 2 of the same paragraph shall read "40%," "the rate, shown in Annexed Table No.6, determined according to the decedent's rank and class at the time of retirement" in Item 3 of the same paragraph shall read "33" ;and "the rate, shown in Annexed Table No.7, determined according to the decedent's rank and class" in Item 4 of the same paragraph shall read "24%."
Regarding the application of the provisions of Article 75, Paragraph 1, Items 2 to 4 inclusive, of the Law, in case a person entitled to a dependency pension has surviving dependents to support, "an amount calculated by multiplying \2,400 by the number of the surviving dependents to support" shall be added to the annual amount of the above dependency pension, irrespective of the provisions of Article 75, Paragraphs 2 to 4 inclusive, of the Law.
"Surviving dependents to support" under the preceding paragraph shall mean "persons who are supported by, or live with the recipient of a dependency pension and who are qualified for the above dependency pension."
(Forbidding of "Plural Pension-increase" )
Article 9. Regarding the application of the provisions of Paragraph 1 of Article 7 or Paragraph 2 of the preceding Article relative to "pension-increase," in case "1 dependent or surviving dependent to support" is made the cause of receiving "pension-increase" for over 2 pensions, he shall be made the cause of "pension-increase" for only the pension granted for a reason that first occurred.
(Relations between "Pensiori" and "Accident Compensation" )
Article 10. In case a person has received an accident compensation (saigai-hosho) provided for in Article 77 of the Labor Standard Law (Law No.49 of 1947) or a benefit similar thereto in accordance with the provisions of Article 84, Paragraph 1 of the same Law, an additional pension or a disease and injury pension (including the pension-increase provided for in Article 7, Paragraph 1) shall be stopped for a period of six years commencing from the month following that in which the cause for receiving the said accident compensation or benefit has occurred.
Article 11. In case a person has received a "surviving dependent's compensation" (izokuhosho) provided for in Article 79 of the Labor Standard Law or a benefit similar thereto in accordance with the provisions of Article 84, Paragraph 1 of the same Law, a partial stoppage of a dependency pension shall be made as specified below for a period of six years commencing from the month following that in which the cause for receiving the said compensation or benefit, has occurred:
1. In case of the dependency pension under Article 75, Paragraph 1, Item 2 of the Law, 30/40 of its annual amount plus the annual amount of the pension-increase provided for in Article 8, Paragraph 2;
2. In case of the dependency pension under Article 75, Paragraph 1, Item 3 of the Law, 23/33 of its annual amount plus the annual amount of the pension-increase provided for in Article 8, Paragraph 2;
3. In case of the dependency pension under Article 75, Paragraph 1, Item 4 of the Law, 14/24 of its annual amount plus the annual amount of the pension-increase provided for in Article 8, Paragraph 2.
Article 12. In case of persons whose annual amount of pension-stoppage as provided for in the preceding two Articles exceeds one-sixth of the amount of the compensation or benefit similar thereto which they have received under the provisions of Article 77 or Article 79 of the Labor Standard Law and in accordance with the provisions of Article 84 of the same Law, their annual amount of the said compensation or benefit.
(Procedures regarding Application for Pensions)
Article 13. The procedures regarding application for the pensions provided for in this Law shall be fixed by a Cabinet Order.