Law for Partial Amendments to the Welfare Pension Insurance Law and Others
法令番号: 法律第38号
公布年月日: 昭和24年4月30日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Partial Amendments to the Welfare Pension Insurance Law and Others.
Signed:HIROHITO, Seal of the Emperor
This thirtieth day of the fourth month of the twenty-fourth year of Showa (April 30, 1949)
Prime Minister　YOSHIDA Shigeru
Law No.33
Law for Partial Amendments to the Welfare Pension Insurance Law and Others
Article 1.　A part of the Welfare Pension Insurance Law (Law No.60 of 1941) shall be amended as follows:
In Article 2, paragraphs 2 through 4 shall be repealed.
In Article 3, paragraph 1, the proviso shall be amended as follows:
Provided that this definition shall not include such earnings as may be received at extraordinary intervals or less regularly than every three months.
In Article 3, paragraph 2, "administrative office" shall read "prefectural governor" , and to the same paragraph of the same Article, the following proviso shall be added:
Provided that when an insured person is a member of a Health Insurance Society which prescribes, in accordance with Article 2, paragraph 3 of the Health Insurance Law, provisions for the evaluation of remuneration in kind, the cash value of his remuneration in kind shall be fixed in accordance with such provisions.
In Article 4, paragraph 2 shall be amended as follows:
The amount of standard remuneration of an insured person shall be determined on the basis of the monthly amount of the insured person's remuneration in accordance with the classes prescribed in the following table:
Classification of Standard Remuneration
Monthly Standard Remuneration
Monthly Value of Remuneration
1st class
\2,000
Less than \2,250
2nd ,,
2,500
\2,250 or over, but less than\2,750
3rd ,,
3,000
2,750 ,, ,, 3,250
4th ,,
3,500
3,250 ,, ,, 3,750
5th ,,
4,000
3,750 ,, ,, 4,250
6th ,,
4,500
4,250 ,, ,, 4,750
7th ,,
5,000
4,750 ,, ,, 5,500
8th ,,
6,000
5,500 ,, ,, 6,500
9th ,,
7,000
6,500 ,, ,, 7,500
10th ,,
8,000
7,500 ,,
Article 4, paragraph 4 shall be amended as follows, and in paragraph 7 of the same Article, "paragraph 5" shall read "paragraph 3" , and paragraphs 1 and 5 of the same Article shall be repealed:
When the standard remuneration of an insured person is to be changed to another class from that to which it has formerly belonged because the monthly remuneration of the said insured person has been increased or decreased, the standard remuneration of the said insured person shall be revised as of the beginning of the following month:however, if the date of change in the remuneration of the said insured was the first day of the month, the revision of the standard remuneration of the insured person shall be effective as from the beginning of the same month.
To Article 4-(2), paragraph 2, the following proviso shall be added:
Provided that when an insured person is a member of a Health Insurance Society, the amount of his monthly remuneration shall be calculated according to the method of calculating remuneration prescribed in the Article of the Society in accordance with Article 3-(2), paragraph 3 of the Health Insurance Law.
Article 11 shall be amended as follows:
Article 11.　In the case of non-payment of contribution prescribed in this Law, the administrative office shall designate the time limit for payment and make demand for payment.
When a demand for payment is necessary, in accordance with the preceding paragraph, the administrative office shall issue a demand letter to the employer who is under obligation to pay.
When an employer who is under obligation to pay is a person on whom a demand for payment shall be served in accordance with Article 11 of the Health Insurance Law, the demand letter prescribed in the preceding paragraph may be replaced by a statement to that effect in the demand letter prescribed in the same Article.
When the administrative office issues a demand letter, 10 yen shall be charged as the demand fee;provided that the demand fee shall not be charged when the demand letter is replaced by the statement as prescribed in the preceding paragraph.
When a demand letter prescribed in paragraph 2 is issued, a penalty on the amount due shall be assessed for the number of days from the day after the date when payment was due to the day before the full payment of charges or the attachment of property at a rate of 20 sen per day for each 100 yen charged. If, however, the delinquent case comes under any of the following, or if extenuating circumstances regarding arrearage are recognized, this rule shall not apply:
(1)　The assessed amount in a demand notice is less than 1,000 yen.
(2)　The time of payment is advanced and collection is made.
(3)　The demand notice or demand letter for payment is made by the method as used in sending an official notice because the address and domicile of one who is under obligation to pay is not within Japanese territory or his address and domicile are not clear.
If there is a fraction of lass than 1,000 yen in the amount of contribution charged, delinquency fee shall be calculated disregarding such fraction.
When the contribution and delinquency fee are fully paid within the term fixed in the demand letter, or when the total counted by the preceding two paragraphs is less than 10 yen, the penalties shall not be collected. If there is a fraction of less than 10 yen in the amount of the delinquency fee, such fraction shall not be collected.
Article 11-(2) shall be amended as follows:
Article 11-(2).　When employers who receive demands for payment as prescribed in the preceding Article fail to pay their contributions and other assessments prescribed in this Law in the designated time, the administrative office may take further action according to the process for the collection of national taxes in arrears or may demand such actions of the city, town or village (including ward in such areas of Tokyo Metropolis where wards exist and in such citeis as are designated according to the provisions of Article 155, paragraph 2 of the Local Autonomy Law, the same shall apply hereinafter) where the defaulters live or their property lies.
When the administrative office demands action of a city, town or village in accordance with the preceding paragraph, the city, town or village shall make the disposition in accordance with the taxation procedure of the city, town or village. When the city, town or village concerned makes the collection for the administrative office, the city, town or village shall receive four per cent of the amount collected.
Next to Article 26-(6), the following two Articles shall be added:
Article 26-(7).　In case there are two or more survivors of the same priority entitled to insurance benefits in accordance with the preceding five Articles, such benefits shall be granted in equal parts according to the number of such survivors.
Article 26-(8).　When one of the survivors of the same priority entitled to a survivor's or surviving child's pension loses his right to such pension and there are still two or more persons of the same priority, such survivor's or surviving child's pension shall be granted in equal parts according to the number of such survivors.
Article 37-(2) shall be amended as follows:
Article 37-(2).　In addition to the amount prescribed in either paragraph of the preceding Article, the sum of 2,400 yen shall be granted on behalf of the spouse and each child under sixteen years of age of a person qualified for an invalidity pension on account of his disability coming under the first class of disability stipulated in Annexed Table No.1, such spouse or child having been supported by such person at the time he became disabled;provided that this additional sum shall be granted on behalf of such children regardless of age when the child has been incapacitated for work continuously since the date upon which such person became disabled.
The provisions of Article 26, paragraph 2 shall be applicable to a child who was a fetus at the time when a person qualified for an invalidity pension became disabled.
Next to Article 46-(2), the following one paragraph shall be added:
The provisions of Article 26-(8) shall be applicable when a suspended survivor's pension is paid to persons of the same priority in accordance with the preceding paragraph.
To Article 58, the following three paragraphs shall be added:
The amount of contribution for each month of the term of coverage calculated in accordance with Article 24, paragraph 1 or 2 or Article 25-(2) shall be calculated by multiplying the insured person's monthly standard remuneration by the contribution rate.
The amount of contribution for the month in which the insured person prescribed in the provisions of Article 22 is qualified as the insured shall be calculated in accordance with the preceding paragraph.
The rates of contribution to be collected in accordance with the provision of paragraph 1 shall be as follows:
(1)　12.3 per cent for an insured miner;
(2)　9.4 per cent for a male insured person other than an insured miner;
(3)　5.5 per cent for a female insured person;
(4)　7.8 per cent for the insured person prescribed in Article 22.
Article 58-(2) shall be repealed.
Chapter VI shall be amended as Chapter VII and Chapter V as Chapter VI and next to Article 61, the following one Chapter shall be added:
Chapter V Welfare Pension Insurance Advisory Council
Article 61-(2).　The Welfare Pension Insurance Advisory Council (hereinafter referred to as the "Council" ) shall be established in the Ministry of Welfare and shall study and advise relative to the administration and operation of Welfare Pension Insurance.
Article 61-(3).　The Council shall investigate, deliberate and make written recommendations relative to the administration and operation of Welfare Pension Insurance as requested by the Minister of Welfare, and shall have the right to make such written recommendations on its own initiative to the Minister of Welfare and other Ministers concerned.
The Minister of Welfare shall request the opinion of the Council before acting upon matters involving planning, legislation, or major administrative policy concerning Welfare Pension Insurance.
Article 61-(4).　The Council shall consist of six members representing the insured, six members representing the employers and six members representing the public interest.
Each member shall be appointed by the Minister of Welfare.
Article 61-(5).　The members'term of office shall be two years, and one half of the members shall be appointed annually.
The term of office for a member appointed to fill a vacancy shall be the remainder of the term of office of his predecessor.
Article 61-(6).　There shall be a chairman of the Council elected by the members from among those members who represent the public interest.
The chairman shall preside over the affairs of the Council and shall represent the Council.
In case of the chairman's absence, an acting chairman who is elected in the manner prescribed in paragraph 1, shall act for the chairman.
Article 61-(7).　The Minister of Welfare shall produce such data and information concerning Welfare Pension Insurance as the Council may request.
Article 61-(8).　The Council shall be convened as often as necessary, and at least once every three months unless good cause is shown.
Article 61-(9).　The Council shall be convened at the direction of the chairman.
When requested by the Minister of Welfare or by one-third or more of the members, the Council shall be convened within two weeks of such request.
Article 61-(10).　Within sixty days after the close of each fiscal year, the Council shall submit a written report to the Minister of Welfare concerning its activities and findings and a summary of its recommendations during the fiscal year concerned.
Article 61-(11).　There shall be secretaries, not exceeding eight, for the Council and such secretaries shall be appointed by the Minister of Welfare from among the staff of the Ministry of Welfare and men of learning and experience.
The secretaries shall be at the service of the members of the Council whenever requested by such members for the purpose of rendering technical advice and administrative aid.
Article 61-(12).　There shall be clerks, not exceeding five, for the Council and such clerks shall be appointed by the Minister of Welfare from among the staff of the Ministry of Welfare.
The clerks shall perform clerical duties under the supervision of their superiors.
In Article 63, "Article 11" shall read "Article 11-(2)."
Article 65-(15) shall read "Article 65-(17)" , and next to Article 65-(14), the following two Articles shall be added:
Article 65-(15).　There shall be secretaries, not exceeding six, for the Welfare Pension Insurance Appeals Board and such secretaries shall be appointed by the Minister of Welfare from among the staff of the Ministry of Welfare.
The secretaries shell be at the service of the members of the Welfare Pension Insurance Appeals Board whenever requested by such members for the purpose of rendering technical advice and administrative aid.
Article 65-(16).　There shall be clerks, not exceeding five, for the Welfare Pension Insurance Appeals Board and such clerks shall be appointed by the Minister of Welfare from among the staff of the Ministry of Welfare.
The clerks shall perform clerical duties under the supervision of their superiors.
In Article 67, "If an employer comes under any of the following items," shall read "If an employer who employs the insured comes under any of the following items without good reason" ; "a fine of not more than 10,000 yen" shall read "imprisonment for a period of not more than 6 months or a fine of not more than 30,000 yen" and in item 1 of the same Article, "to submit" shall read "to present" and to the same Article, the following one item shall be added:
(3)　In case of failing to pay, by the time designated in the demand letter, the contribution prescribed in the principal clause of Article 60.
In Article 68, "an employer" shall read "a person described in the preceding Article" ; "comes under any of the following items, he shall be subjected to a fine of not more than 5,000 yen" shall read "comes under any of the following items without good reason, he shall be subjected to imprisonment for a period of not more than 6 months or a fine of not more than 10,000 yen" and in item 1 of the same Article, "refusing to attend a hearing" shall read "refusing to attend a hearing, or refusing to undergo medical examinations by a licensed doctor" .
Article 2.　A part of the "Law amending a Part of the Welfare Pension Insurance Law and Others (Law No.127 of 1948)" shall be amended as follows:
In Article 5 of the Supplementary Provisions, paragraph 2 shall be amended as follows:
2　In addition to the amount prescribed in the preceding paragraph, the sum of 2,400 yet shall be granted on behalf of the spouse and each child under sixteen years of age of a person qualified for an invalidity pension on account of his disability coming under the first class of disability stipulated in Annexed Table No.1 of the Enforcement Ordinance of the Welfare Pension Insurance Law (Imperial Ordinance No.1250 of 1941)(including from the first class to the third class of disability stipulated in Annexed Table No.1 of the Imperial Ordinance amending a Part of the Enforcement Ordinance of the Laborer's Pension Insurance Law (Imperial Ordinance No.363 of 1944)), such spouse or child having been supported by such person at the time he became disabled;provided that this additional sum shall be granted on behalf of such child regardless of age when the child has been incapacitated for work continuously since the date upon which such person became disabled.
To Article 5 of the Supplementary Provisions, the following one paragraph shall be added:
3　The provisions of Article 26, paragraph 2 of the Welfare Pension Insurance Law shall be applicable to a child who was fetus at the time when a person qualified for an invalidity pension became disabled.
Article 11 of the Supplementary Provisions shall be amended as follows:
Article 11.　Regardless of Article 58, paragraph 4 of the Welfare Pension Insurance Law, the contribution rates prescribed therein shall, for the time being, be 3.5 per cent for the insured described in item 1, 3.0 per cent for the insured described in item 2, and 3.0 per cent for the insured described in item 3.
Supplementary Provisions:
1　This Law shall come into force as from May 1, 1949.
2　With regard to the application of the amended provision of Article 4, a person who has been qualified as the insured prior to the date of the enforcement of this Law and continues to be qualified as the insured to such date shall be regarded as having been qualified as the insured on such date, and his standard remuneration shall be determined accordingly.
3　With respect to the delinquency fees chargeable on the contributions for which demand letters were issued prior to the date of the enforcement of this Law, the provisions of the Welfare Pension Insurance Law and of the Enforcement Regulations prior to these amendments shall continue to be applicable.
4　Regardless of the provisions of Article 37, paragraph 1 and Articles 4 and 5 of the Supplementary Provisions of the Law amending a Part of the Health Insurance Law and Others (Law No.45 of 1947), the amount of an invalidity pension granted to a person qualified for such pension on the date of the enforcement of this Law (except an invalidity pension, the amount of which has been increased in accordance with the provisions of Article 5, paragraph 1 or Article 8 of the Supplementary Provisions of the Law amending a Part of the Welfare Pension Insurance Law and Others (Law No.127 of 1948)) and which is calculated upon the table of standard remuneration effective prior to the date of the enforcement of the Law amending a Part of the Welfare Pension Insurance Law and Others, shall be an amount equal to 5 times the former amount of such pension.
5　The provisions of Article 5, paragraphs 2 and 3 of the Supplementary Provisions of the Law amending a Part of the Welfare Pension Insurance Law and Others shall be applicable with respect to the preceding paragraph.
6　The provisions of paragraph 4 shall be applicable to the calculation of the amount of an invalidity pension which is to be granted to a person becoming qualified for such pension on and after the day following the enforcement of this Law as is to be calculated solely upon the standard remuneration effective prior to the date of the enforcement of the Law amending a Part of the Welfare Pension Insurance Law and Others (except an invalidity pension, the amount of which has been increased in accordance with the provisions of Article 8 of the Supplementary Provisions of the Law amending a Part of the Welfare Pension Insurance Law and Others).
7　The provisions of Article 5, paragraphs 2 and 3 of the Supplementary Provisions of the Law amending a Part of the Welfare Pension Insurance Law and Others shall be applicable with respect to the preceding paragraph.
8　Any person who is a member, secretary or clerk of the Welfare Pension Insurance Committee at the time of the enforcement of this Law, shall be considered to be appointed as a member, secretary or clerk, respectively, of the Welfare Pension Insurance Advisory Council.
9　The tenure of office of such members of the Council shall be computed as from the dates on which they were appointed or commissioned as members of the Welfare Pension Insurance Committee.
10　The provisions of Article 57, paragraph 1 of the Welfare Pension Insurance Law shall not be applicable to such portion of the amount of an invalidity pension as will be increased in accordance with paragraphs 4 and 6.
Minister of Finance　IKEDA Hayato
Minister of Welfare　HAYASHI Joji
Prime Minister　YOSHIDA Shigeru