Law amending the National Public Service Mutual Aid Association Law (Law Numbered 69, 23rd Year of Showa-1948)
法令番号: 法律第118号
公布年月日: 昭和24年5月30日
法令の形式: 法律
I hereby promulgate the Law amending the National Public Service Mutual Aid Association Law (Law No.69 of 1948).
Signed:HIROHITO, Seal of the Emperor
This thirtieth day of the fifth month of the twenty-fourth year of Showa (May 30, 1949)
Prime Minister YOSHIDA Shigeru
Law No.118
Law amending the National Public Service Mutual Aid Association Law (Law Numbered 69, 23rd Year of Showa-1948)
The National Public Service Mutual Aid Association Law (Law Numbered 69, 23rd Year of Showa-1948) shall be amended as follows:
The Contents, of the National Public Service Mutual Aid Association Law is hereby amended by deleting the words "Chapter IV. Welfare Establishments" and substituting therefore the words "Chapter IV. Welfare Facilities and the Federation of Mutual Aid Associations."
Article 1 is hereby amended by deleting items (5) and (6).
Article 2, Paragraph 2, item (2) is hereby amended to read as follows:
"(2) Workers belonging to Prison, house of detention and Juvenile Prison: Attorney-General's Office;"
Article 2, Paragraph 2, item (9) is hereby amended by deleting the words "the first laboratory of technology" and substituting therefor the words "the Laboratory of Public Works." Article 2, Paragraph 2 is hereby amended by deleting items (3), (6) and (8), changing items (4), (5), (7) and (9) to items (3), (4), (5), and (6) and adding a new item to read as follows:
"(7) Workers in the service of To, Do, Fu and Ken: Prime Minister's Office."
Article 2, Paragraph 3 is hereby amended by deleting the word "Paragraph" and substituting therefor the word "two Paragraphs" .
Article 5, Paragraph 2 is hereby amended by adding the following proviso:
"provided, however, that the Chief of the Agency may appoint one member to the Committee from among the administrative staff of the Association other than a member of the Association."
Article 10, paragraph 2 is hereby amended by deleting the words "Income tax" and substituting therefor the words "Tax and other public imposts" , and paragraph 3 is amended by adding after "Article 17" the words "and loans provided in Article 63, item (2), and activities provided in items (3) and (4)."
Article 14 is hereby amended by deleting the words "he forfeits his membership" and substituting therefor the words "is included the day preceding the date when the membership of the employee concerned was relinquished:"
Article 16, paragraph 1 is hereby amended by inserting after the words "another Association" the words "or acquired membership in an Association pursuant to Article 40 of this Law other than the one from which he separated," and deleting the last sentence of said paragraph.Article 16, paragraph 2 is hereby amended by deleting the words "who is a seaman" and substituting therefor the words "of the Association who is the insured of the Seamen's Insurance (hereinafter referred to as" seaman member of the Association ")" .
A new article is hereby added following Article 24 to read as follows:
"(Equal Distribution of Benefits Among the Persons of the same Precedence)
Article 24-2, In case there are two or more members of the same precedence in the bereaved family, the benefits payable under the provisions of the preceding Article shall be distributed equally among the member's of the bereaved family concerned.
2 In case one or more of the members of a bereaved family who are receiving an annuity distributed equally in accordance with the provision of the previous paragraphs loses the right to such annuity, it shall be redistributed equally among the remaining members of the bereaved family in the same sequence."
Title of Article 30 is amended as "Medical care." Article 30, paragraph 1 is hereby amended by deleting the words "benefit for medical care" and substituting the words "medical care" and paragraph 2 is hereby amended by deleting the word "Benefit" and substituting the words "medical care" .(This change is only in Japanese text.)
Article 31 to Article 33 is hereby amended to read as follows:
"(Benefit for Medical Care and Medical Expenses)
Article 31. If a member requires any of the medical care specified in paragraph 1, items (1) to (4) inclusive, of the preceding Article, he may obtain it from any:
(1) Medical facility operated by the Association and the Association will bear the expense thereof;
(2) Medical facility with which the Association has a contract for providing medical care to its members, and the Association will pay such facility the expense thereof at rates not in excess of the rates prescribed by the Minister of Welfare;provided, however, that the Association may require the member to pay the expense which is equal to the fee for the first examination in accordance with the rates prescribed by the Minister of Welfare;
(3) Insurance Doctor or Insurance Pharmacist (Insurance Doctor and Insurance Pharmacist as used in this Law refer to those appointed pursuant to the provision of the Health Insurance Law, Law No.70 of 1922) and the Association will pay to the Insurance Doctor or Insurance Pharmacist the expense thereof in accordance with the rates established by the Minister of Welfare;provided, however, that the member shall pay the expense which is equal to the fee for the first examination in accordance with the rates prescribed by the Minister of Welfare;
(4) Licensed doctor, dentist, pharmacist or other medical facility other than a medical facility specified in the preceding items and the Association shall reimburse the member for the expense thereof up to an amount not exceeding the rates prescribed by the Minister of Welfare;provided, however, that the member shall not be reimbursed for the expense which is equal to the amount of the first examination in accordance with the rates prescribed by the Minister of Welfare."
"(Family Medical Expense)
Article 32. If a dependent of a member requires any of the medical care specified in paragraph 1, items (1) to (4) inclusive, of Article 30, he may obtain it from any of the medical facilities specified in the preceding Article and the Association shall bear or pay one-half of the expense determined necessary by the Association in accordance with the provision of the preceding Article:(exclusive of the provisos in items (3) and (4)).
2 If a dependent of a member requires any of the medical care specified in paragraph 1, item (5) or (6) of Article 30, the provision of paragraph 2 of said Article shall be applied mutatis mutandis to the dependent. In this case the amount of expense therefor that the Association shall bear or pay shall be one-half of the amount allowed for a member of the Association."
"(Medical Expenses in the Case of Insurance Doctor and Insurance Pharmacist)
Article 33. If a member or his dependent obtains any of the medical care specified in paragraph 1, items (1) to (4) inclusive, of Article 30 from any Insurance Doctor or Insurance Pharmacist the Association may pay the expense thereof computed in accordance with the provisions of item (3) of Article 31 or paragraph 1 of the preceding Article to the member instead of to the Insurance Doctor or Insurance Pharmacist.
"A new Article is hereby added following Article 33 to read as follow:
"(Medical Treatment by Insurance Doctors and Insurance Pharmacists)
Article 33-2, Insurance Doctors and Insurance Pharmacists shall give medical care to the members of Associations and their dependents in accordance with the provisions of the Health Insurance Law."
Article 34, paragraph 2 is hereby amended by deleting the works "continued for no longer than the period in item (2) of the preceding paragraph" and substituting therefor the works "payable to the beneficiary concerned for as long as he would be entitled to receive them in the capacity of a member of the Association;" , and adding after the words "another Association" the words "or becomes insured under Health Insurance or Seamen's Insurance and ceases to be a member of an Association, to be construed accordingly in Article 35, paragraph 2 and Article 56, pargaraph 3."
Article 36, paragraph 1 is hereby amended by deleting the words "100 Yen" and substituting therefor the words "200 Yen" .
Article 37, paragraph 1, proviso is hereby amended by deleting the words "200 Yen" in two places and substituting therefor the words "4,000 Yen."
Article 48, paragraph 1, item (2) is hereby amended by adding the words
 "or is adopted as a member of another family (including such cases as may be virtually taken for granted as an adopted member of another family, even though not formally reported)."
Article 48, paragraph 2 is hereby amended by adding after the words "any other of the bereaved family" the phrase "in the same or next order of sequence" .
Article 49, paragraphs 1 and 2 are hereby amended by adding after the words "member of the family" the words "of the same precedence or if there is no other member of the same precedence, one" and adding at the end of paragraph with the words "if requested by him" .
 
Article 51 is hereby amended by adding a new item to read as follows:
"(5) If there is no bereaved family eligible for the Annuity for Bereaved Family when a member of the Association, who had held membership in the Association for 20 years or more but had never received Separation Annuity dies."
Article 52 is hereby amended by adding a new item to read as follows:
"(5) In the case prescribed in item (5) of the preceding Article, six times the amount of the Separation Annuity that such person would have been entitled to had retired at the time of his death."
Chapter IV is hereby amended by deleting the words "Welfare Establishments" and substituting therefor the words "Welfare Facilities and the Federation of Mutual Aid Associations" .
Title of Article 63 is added as "(Welfare Establishment)" . Article 63 is hereby amended by transferring paragraphs 2 and 3 to a new article to read as follows: "(The Federation of Mutual Aid Associations) Article 63-2. The Associations may establish a Federation of Mutual Aid Associations (hereinafter referred to as" Federation ") if the mutual cooperation among the Associations is required in order to carry out the activities as prescribed in the preceding Article. 2 Such Federation shall be incorporated."
Article 64, paragraph 3 is hereby amended by deleting the words "(excluding that which pertains to the Benefits prescribed in Article 17, items (2) to (4) inclusive) delivered to them by the National Treasury, to the Federation whenever the said Subsidy is delivered" and substituting therefor the words "stipulated in Article 69, paragraph 1, item (1)."
A new Article is hereby added following Article 64 to read as follows:
"Article 64-2. The affiliated Associations may delegate the function of issuing Separation Benefits, Disability Benefits and Benefits for Bereaved Family to the Federation.
2 The Association, whose functions have been delegated to the Federation pursuant to the provisions of the preceding paragraph, shall credit the contributions and subsidy designated for the payment of Separation Benefits, Disability Benefits, and the Benefits for Bereaved Family and the subsidy designated for the administration of such benefits to the account of the Federation as soon as such funds are paid into its account under the provisions of Article 68-2 or Article 69, paragraph 1."
Article 65 is hereby amended by adding a new items to read as follows:
"(7) Matters concerning benefits."
Article 67 is hereby amended to read as follows:"
Article 67. The provisions of Articles 7 through 11 and Article 29 shall apply, mutatis mutandis, to the administration of the Federation. In this case, the term "Chief of the Agency" shall be construed to mean "Minister of Finance" ;and the words "and upon the approval of the Minister of Finance have workers under him" in Article 7 shall mean "have workers under the Minister of Finance."
A new article is hereby added following Article 68 to read as follows:
"Article 68-2. Each agency when issuing the wages and salaries to its employees who are members of an Association shall deduct from their pay a sum corresponding to the amount of contribution alloted to each of the members of the Association on the pay day or pay days of each month and shall credit such contribution to the account of the Association to which the contributor belongs."
Article 69, paragraph 1, item (1) is amended by deleting the words "issurance benefit and substituting therefor the word" Health Benefit".(This change is only in Japanese text.) Article 69 is hereby amended by adding one paragraph after paragraph 2 to read as follows:
"3 The Chief of the agency in paying the national subsidy to the Association in accordance with the provision of paragraph 1 may make such payments on the basis of the estimated membership of the Association with relation to the subsidy rate An adjustment shall be made at the end of the fiscal year on the basis of actual figures".
Article 70 is hereby deleted.
Article 72 is hereby amended to read as follows:
"(The Appeal Board)
Article 72. The Appeal Board shall be attached to the Federation and shall carry out the matters authorized and empowered under the provisions of the preceding Article, paragraph 1;provided, that in the case of an Association designated by ordinance and independent appeal Board shall be attached to said Association.
2 The members of the Appeal Board attached to the Federation shall be appointed by the Minister of Finance and the members of an Appeal Board attached to an Association in accordance with the proviso in the preceding Article shall be appointed by the Chief of the Agency who represents the said Association, to represent the members of the Association, the government and the public interest in groups of three each, respectively."
Article 75, paragraph 2 if hereby amended by adding after the word "members" the words "of the Association" .(This change is same meaning with Japanese text).
Article 76 is hereby amended by deleting the words "if permitted by the chairman" .
Article 78, paragraph 2 if hereby amended by adding after the words "sent to the" the words "Federation or the" .
Article 79 is hereby amended to read as follows:
"Article 79. Remuneration and travelling expenses to be paid to the members of the Appeal Board and persons concerned who are requested to appear in person as prescribed in Article 77 and necessary matters concerning the Appeal Board shall be established by Cabinet Order.
"Article 81 is hereby amended by deleting the words" those members of the Association designated by Ordinance who hold the status of the insured by Seamen's Insurance Law (hereinafter referred to as "members of seamen" ) "and substituting therefor the words" seamen members of the Association".
Article 82, item (1) is hereby amended by deleting the words "the said" just preceding the word "Associations" and substituting therefor the word "any" .(This change is same meaning with Japanese Text).
Article 83, is hereby amended by deleting the word "decided," and substituting therefor the word "prescribed" .(This change is only in Japanese Text).
A new article is hereby added following Article 83 to read as follows:
"Article 83-2. In order to cover the expenses required for the payment of benefits for the seamen members of the Association pursuant to the Seamen's Insurance Law the National Treasury shall grant a subsidy computed at the same rate as used in computing the amount of national subsidy under the said Law and the amount of contribution to be borne by the shipowners concerned. The Chief of the Agency shall pay such subsidy into the account of the Association every month."
Article 86, paragraphs 1 and 2 are hereby deleted and substituted therefor are two new paragraphs to read as follows: "Article 86. Those who are employed in Local Government Agencies and in the Public Schools (hereinafter referred to as" local employees ") shall become members of Association established under this Law for the time being (hereinafter referred to as" New Association").
2 In applying this Law to Local employees, the term "employee" shall be construed to mean "the local employee" . "Chief of the Agency" as used in Article 7 to mean "Chief of the Local Government and the Educational Committee of To, Do, Fu and Ken" : "upon the approval of the Minister of Finance have workers under him" to mean "have workers under local government" . "wages and salaries" as used in Article 19, paragraph 2 of Articles 68 and 68-2 to mean "remuneration corresponding to wages and salaries" : "National Treasury" as used in paragraph 1 of Article 69 and Article 83-2 to mean "local government" and "Chief of the Agency" as used in paragraph 1 of Article 69 and Article 83-2 to mean "Chief of the local government."
Paragraph 3 of Article 86 is deleted.
Article 92 is hereby amended by deleting the words "who receive their remuneration from Local Governments" .(This change is same meaning with Japanese text).
Article 94 is hereby amended to read as follows:
"(Transitional Measures concerning Separation Benefits)
Article 94. The provisions of this Law pertaining to Separation Benefits, Disability Benefits, or Benefits for Bereaved Family shall not apply, for the time being, to employees as prescribed below:
(1) Employees covered by the Pension Law (inclusive of those covered by the provisions of the rules and regulations of the local governments pertaining to benefits corresponding to pensions);
(2) Workers who are employed under a contract for a period of less than 6 months.
2 In case a member of the Association covered by the provisions relation to Separation Benefits, Disability Benefits or Benefits for Bereaved Family comes under item (1) of the preceding paragraph, he may retain his coverage for such benefits until his 20-year term of membership is completed, subject to the rules and regulations relating to the operation of the Association.
3 The National Treasury shall not bear the expenses required for the payment of benefits for the employes as prescribed in the preceding paragraph pursuant to the provisions of Article 69, paragaph 1, item (2)."
A new Article is hereby added following Article 94 to read as follows:
"Article 94-2. In the case of an employee entitled to receive Separation Annuity, Disability Annuity or the Annuity for Bereaved Family in accordance with the provisions of Laws and Ordinance promulgated before the enforcement of this Law, such annuities shall be regarded as Separation Annuity, Disability Annuity and the Annuity for Bereaved Family granted under the provisions of this Law, regardless of the provision of Article 90."
Article 95 is hereby amended to read as follows:"
Article 95. In the case of an employee who had been a member of the Association but made the necessary contributions required for the payment of such benefits as comparable to Separation Allowances, Disability Allowances or Allowances for Bereaved Family for a certain period of time before the enforcement of this Law (hereinafter referred to as "subtraction period" ), the amount of Separation Annuity, Separation Lump Sum or Lump Sum for Bereaved Family payable to such employees under the provisions of this Law shall represent the amount computed pursuant to the provisions of Article 39, 41, -or 50 less the amount as mentioned below;provided that no such subtraction shall be made in the case of Lump Sum payable to the Bereaved Family of a member of the Association who has held membership in the Association for over 20 years or who has received Disability Annuity:
(1) In the case of Separation Annuity, multiplication of 2, 7 days'daily amount of pay of the employee concerned (1.8 days in case the subtraction period exceeds 20 years), which will be computed according to the number of years representing the length of subtraction period.
(2) In the case of Separation Lump Sum or Lump Sum or Breaved Family, 43 pecentum of the amount corresponding to the multiplication of the daily amount of pay of the employee concerned, which will be computed pursuant to the number of days prescribed in the Annexed Table No.1 for different length of subtraction period."
Article 96 is hereby amended by deleting the words "Article 94" and "the same Article" and substituting therefor the words "paragraph 1 of Article 94" and "the same paragraph respectively."
Article 98 is hereby amended to read as follows: "Article 98. One-third of the members of each group of the initial Appeal Board, representing the members of the Association, the Government, and public interest, shall be appointed for two years. These members shall be appointed, pursuant to the provisions of paragraph 2, Article 3, by the Minister of Finance or by the chief of the Government Agency which represents the Association concerned." (this change is same meaning with Japanese Text).
Attached Table No.6 shall be revised as follows:
Pegree of Damage
No. of months
1.When burnt or lost whole of residence and household goods 2.When damaged whole of residence and household goods ,, ,,
3 months
3.When burnt or lost more than half of residence and household goods 4.When damaged more than half of residence and household goods ,, ,,5.When burnt or lost whole of residence or household goods ,, ,,6.When damaged whole of residence or household goods ,, ,,
2 months
7.When burnt or lost more than one-third of residence and household goods 8.When damaged more than one-third of residence and household goods ,, ,,9.When burnt or lost more than half of residence or household goods ,, ,,10.When damaged more than half of residence or household goods ,, ,,
1 month
11.When burnt or lost more than one-third of residence or household goods 12.When damaged more than one-third of residence or household goods ,, ,,
0.5 month
Supplementary Provisions:
1. The amended provisions of Paragraph 2 of Article 2, and Paragraphs 7 and 8 of Supplementary Provisions shall be enforced as from June 1, 1949:Article 16, Article 81, Article 82, Paragraph 1 of Article 94 as well as Article 96, as amended, as from October 1, 1949:and the other provisions as from the date of promulgation of this Law:Provided, that the provisions of Article 51, Article 52, Article 83-2, Paragraphs 2 and 3 of Article 94, Article 94-2, and Article 95, as amended, shall be effective as from July 1, 1948;and the provisions of Article 36 and Article 37, as amended, as from May 1, 1949.
2. All rights and obligations of the Association established under the provisions of item (6) of paragraph 2 of Article 2 of the Law shall be handed ever, as they stand on June 1, 1949, to the Association established in the Ministry of Education in accordance with the provision of paragraph 1 of Article 2 of the Law.
3. In computing Separation Benefits, Disability Benefits or Benefits for Bereaved Family for a member who becomes covered therefor on October 1, 1949 pursuant to the amended provision of paragraph 1 of Article 94, of National Public Service Mutual Aid Association Law his period of membership prior to September 30, 1949 shall be considered as his subtraction period and Article 95 shall be applied mutatis mutandis.
4. The Separation Annuity, Disability Annuity or Annuity for Bereaved Family under the provisions of Article 94-2 of National Public Service Mutual Aid Association Law which is due in October 1948 or thereafter shall be based on the amount of salary 24 times as much as the original base pay, subject to the provisions of this Law. Provided however that the Separation Annuity payable to an employee of under 50 years of age shall not be affect until he becomes 50 years of age.
5. In the case of an employee who had been entitled before the enforcement of this Law to receive an annuity in accordance with the provisions of Article 90 of the National Public Service Mutual Aid Association Law by virtue of an illness suffered or an injury incurred in the service in line of duty or death caused thereby, the amount of such Annuity, which is due in October 1948 or thereafter, shall be twice as much as the original amounts irrespective of the provision of the said Article.
6. National Treasury shall bear the additional expenses of the Previous two Paragraph.
7. A part of the Japanese Government Railway Law (Law No.256 of 1948) shall be amended as follows:
Article 57, paragraph 1 is hereby amended by adding after the words "paragraph 2 of Article 75" the words "and Article 98" and paragraph 2 of said Article is hereby amended by adding after the words "the National Public Service Mutual Aid Association Law" the words"which was repealed by the Law amending a part of the National Public Service Mutual Aid Association Law (Law No.118, 1949).
8. A part of the Japanese Monopoly Corporation Law (Law No.255 of 1948) shall be amended as follows:
Article 51, paragraph 1 is hereby amended by adding after the words "paragraph 2 of Article 75" the words "and Article 98" and paragraph 2 of said Article is hereby amended by adding after the words "the National Public Service Mutual Aid Association Law" the words "which was repealed by the Law amending a part of the National Public Service Mutual Aid Association Law (Law No.118, 1949)."
Prime Minister YOSHIDA Shigeru
Minister for Foreign Affairs YOSHIDA Shigeru
Minister of Finance IKEDA Hayato
Attorney-General UEDA Shunkichi
Minister of Education TAKASE Sotaro
Minister of Welfare HAYASHI Joji
Minister of Agriculture and Forestry MORI Kotaro
Minister of International Trade and Industry INAGAKI Heitaro
Minister of Transportation OYA Shinzo
Minister of Communications OZAWA Saeki
Minister of Labor SUZUKI Masabumi
Minister of Construction MASUTANI Shuji