Article 1. A part of the "Seamen's Insurance Law" (Law No.73 of 1939) shall be amended as follows:
Article 2 paragraphs 2 to 4 inclusive shall be repealed.
In Article 3 paragraph 1, "wages, pay" , shall be added before "salary" , and the proviso to the paragraph shall be amended as follows:
"Provided, however, that this definition shall not include such earnings as may be received at extraordinary intervals or less regularly than every three months."
Article 3 paragraph 2 shall be amended as follows:
"If the whole or part of the remuneration received is in kind, the cash value thereof shall be fixed, according to the current prices in the district concerned, by the prefectural governor."
Article 4 paragraph 2 shall be amended as follows, and in paragraph 6 of the same Article, "paragraph 4" shall be amended as "paragraph 3" and paragraph 1 of the same Article shall be repealed:
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 |
Standard Remuneration |
Monthly Amount of Remuneration |
Monthly |
Daily |
1st class |
\2,000 |
\70 |
Less than \2,250 |
2nd ,, |
2,500 |
85 |
\2,250 or over, but less than \2,750 |
3rd ,, |
3,000 |
100 |
2,750 ,, ,, 3,250 |
4th ,, |
3,500 |
115 |
3,250 ,, ,, 3,750 |
5th ,, |
4,000 |
130 |
3,750 ,, ,, 4,250 |
6th ,, |
4,500 |
150 |
4,250 ,, ,, 4,750 |
7th ,, |
5,000 |
170 |
4,750 ,, ,, 5,500 |
8th ,, |
6,000 |
200 |
5,500 ,, ,, 6,500 |
9th ,, |
7,000 |
230 |
6,500 ,, ,, 7,500 |
10th ,, |
8,000 |
270 |
7,500 ,, ,, 8,500 |
11th ,, |
9,000 |
300 |
8,500 ,, ,, 9,500 |
12th ,, |
10,000 |
330 |
9,500 ,, ,, 1,000 |
13th ,, |
12,000 |
400 |
11,000 ,, ,, 13,000 |
14th ,, |
14,000 |
470 |
13,000 ,, ,, 15,000 |
15th ,, |
16,000 |
530 |
15,000 ,, ,, 17,000 |
16th ,, |
18,000 |
600 |
17,000 ,, ,, 19,000 |
17th ,, |
20,000 |
670 |
19,000 ,, ,, 21,000 |
18th ,, |
22,000 |
730 |
21,000 ,, ,, 23,000 |
19th ,, |
24,000 |
800 |
23,000 ,, |
Article 4-(2) paragraph 1, items (1) to (3), inclusive shall be amended as follows:
(1) When the remuneration is determined by the month, week or other definite period, it shall be calculated by dividing the total amount of the remuneration determined as of the date on which the insured became qualified, or the date on which his remuneration was increased or decreased, by the total number of days during such period, multiplied by 30;
(2) When the remuneration is determined by the day or hour, the monthly remuneration of an insured person shall be the amount equal to the average amount of the monthly remuneration of persons who are engaged in the same kind of business or work in the same ship and who received the same kind of remuneration for the month immediately preceding the month in which the insured person became qualified as insured.
When the monthly remuneration of an insured person is determined according to the preceding paragraph and his remuneration has subsequently increased or decreased, the amount of monthly remuneration shall be equal to the amount of remuneration received for the month in which the change in remuneration occurred;
(3) If the remuneration cannot be calculated by the preceding two items, the monthly remuneration of an insured person shall be equal to the amount of remuneration received by another person who is engaged in the same kind of business or work in the same kind of ship and who received the same kind of remuneration for one month before the day when the insured person became qualified as insured or when the remuneration of the insured person was increased or decreased.
To Article 8, the following one paragraph shall be added:
"The preceding paragraph shall be applicable to a dependent or a person formerly dependent in connection with granting any benefit in accordance with Article 1 paragraph 2."
Article 9 paragraph 2 shall be amended as follows:
"The former shipowner of a person formerly insured shall, as provided by Ministerial Ordinance and upon the request of such person, issue to such person a certificate necessary to oftain unemployment insurance benefit" ;and paragraph 3 of the same Article, "to report or to present documents concerning the changes of number and the remuneration of employed person or other necessary matters" shall be amended as "to present to the administrative office or to his shipowner, application, reports and other documents necessary for the administration of Seamen's Insurance and, for purposes of unemployment insurance benefits, to attend the administrative office" .
Article 12 and Article 12-(2) shall be amended as follows:
Article 12. In the case of non-payment of contributions 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 shipowner who is under obligation to pay. In such a case, 10 yen shall be charged as the demand fee.
When a demand letter prescribed in the preceding paragraph 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 less than 1,000 yen in the amount of contributions charged, delinquency fees 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 amount 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 12-(2). When shipowners who receive demands for payment as prescribed in the preceding Article fail to pay their contributions and other assessments prescribed in this Law by the designated time, the administrative office may take further action according to the process for the collection of taxes in arrears or may demand such action of the city, town, or village (including "ward" in such areas of Tokyo Metropolis where wards exist and in such cities as are designated according to the provisions of Article 155 paragraph 2 of the Local Autonomy Law;hereinafter the same) 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 percent of the amount collected."
In Article 28-(2), "Article 28" shall be amended as "the preceding Article" .
In Article 28-(3), "the administrative office" shall be amended as "the prefectural governor" .
In Article 28-(4) paragraph 1, "in accordance with the provisions of the Ministerial Ordinance" shall be amended as "and shall observe the direction prescribed by the Minister of Welfare" and, in paragraph 2, "the administrative office" shall be amended as "the prefectural governor" , and, next to paragraph 1, the following one paragraph shall be added:
"The Welfare Minister, in determining the directions prescribed in the preceding paragraph, shall hear the opinion of the Central Social Insurance Medical Care Advisory Council."
Article 28-(5) shall be amended as follows and, next to such Article, the following two Articles shall be added:
Article 28-(5). The Central Social Insurance Medical Care Advisory Council and Local Social Insurance Medical Care Advisory Councils shall be established to guide and supervise insurance doctors and pharmacists for proper social iusurance medical care.
"The Minister of Welfare shall appoint the members of the Central Social Insurance Medical Care Advisory Council and the prefectural governors shall appoint the members of the Local Social Insurance Medical Care Advisory Councils. The membership of each council shall consist of an equal number of representatives from among representatives of the Government as the insurer, insured persons, shipowners and physicians and dentists, and the public interest."
"The above appointments of the persons who are to represent the insured persons, shipowners and the physicians and dentists shall be from among those recommended by the organizations concerned."
Article 28-(7). The Social Insurance Medical Fee Calculating Council shall be established for the purpose of recommending proper medical care fees for Seamen's Insurance.
"The members of such Council shall be appointed by the Minister of Welfare with an equal number of representatives from among representatives of the Government as the insurer, insured persons, shipowners and physicians and dentists, and the public interest."
"The above appointments of the persons who are to represent the insured persons, shipowners and the physicians and dentists shall be from among those recommended by the organizations concerned."
Article 29 shall be amended as follows:Article 29. When a prefectural governor cannot provide medical care benefits, or when it is considered necessary because of an emergency that an insured person or a formerly insured be provided medical care by doctors, dentists or others who are not insurance doctors, dentists or persons designated by the administrative office, the prefectural governor, on the application of such insured person or person formerly insured, may grant medical care expenses in lieu of medical care benefits.
In Article 29-(2) paragraph 1, "the administrative office" shall be amended as "the prefectural governor" and, in paragraph 3, "Article 28-(5)" shall be amended as "Article 28-(6)"
In Article 32 paragraph 5, "and 28-(2) paragraph 1, Article 28-(5)" shall be amended as "28-(2), 28-(6)" .
Article 33-(3) paragraph 2 shall be amended as follows: The insured term prescribed in the preceding paragraph shall not include the term during which he has been employed by a shipowner as a seaman under the conditions stated in the following item;provided, however, that if a person who comes under the provisions of item (1) or (2) is continuously employed by the same shipowner after the expiration of the term stated, this provision shall not apply:
(1) When employed under a contract for a fixed term of less than 2 months;
(2) When employed in seasonal work under a contract for a fixed term of less than 4 months;
Article 33-(3) paragraph 2 shall be amended as follows:
(3) When employed on board a fishing vessel, other than the following types of fishing vessels, and the prefectural governor, upon the application of a shipowner who has obtained the consent of three fourths of the insured persons employed by him, has designated such term as excluded;
a. When employed on board a fishing vessel engaged in trawl fishing by steamer, in fishing by the depot-ship method, in whale fishing by steamer or in drag-net fishing by motor-vessel (except when employed in processing the catch aboard a vessel engaged in fishing by the depot-ship method, or when employed on board a vessel, engaged in drag-net fishing by motor-vessel, which operates on the surface of the sea east of 130 degrees east longitude),
b. When employed on board a fishing vessel mainly engaged in the transportation of the catch or processed catch from the fishing grounds,
c. When employed on board a fishing vessel engaged in inspection, investigation, guidance, training or superintendance in connection with fishing.
Article 33-(9) paragraph 2 shall be amended as follows and, in paragraph 3 of the same Article, "he may receive" shall be amended as "he shall be granted" and the proviso to item (2) of the same paragraph and paragraph 4 shall be repealed:
"The amount of an unemployment insurance benefit shall be the daily amount equal to 60% of the average amount of the daily standard remuneration calculated in accordance with the preceding paragraph. However, such amount shall not exceed 300 yen" .
In Article 33-(13) and Article 33-(14), paragraph 2, "Seamen's Insurance Advisory Committee" shall be amended as "Seamen's Insurance Advisory Council" .
Article 34 shall be amended as follows:
Article 34. When a person who comes under either of the following items is disqualified as insured, an old age pension shall be granted to him until his death;provided, however, that the payment of such pension shall be suspended until he attains the age of 50 years:
(1) A person whose insured term of coverage is 15 years or more;
(2) A person whose insured term of coverage is less than 15 years but who has been insured as a person on board a fishing vessel for 10 years or more exclusive of the following terms;
a. The term on board a fishing vessel engaged in fishing by the depot-ship method (except for the term engaged in processing the catch on board such vessel) or whale fishing by steamer,
b. The term on board a fishing vessel mainly engaged in the transportation of the catch or processed catch from the fishing grounds,
c. The term on board a fishing vessel engaged in inspection, investigation, guidance, training or superintendence in connection with fishing.
In Article 35, "an old age pension" shall be amended as "an old age pension granted in accordance with item (1) of the preceding Article," and to the same Article, the following one paragraph shall be added:
"The amount of an old age pension granted in accordance with item (2) of the preceding Article, shall be an amount equal to twice the average monthly standard remuneration."
In Article 37, "whose insured term of coverage is 15 years or more" shall be amended as "who comes under either item of Article 34" .
In Article 40 paragraph 1, "Annexed Table No.6" and "Annexed Table No.7" shall be respectively amended as "Annexed Table No.5" and "Annexed Table No.6" .
Article 41-(2) shall be amended as follows:
Article 41-(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 coming within the provisions of paragraph 1, item (1) of the preceding Article, and whose disability comes within the first three classes of disability stipulated in Separate Table No.5, or on account of his coming within the provisions of paragraph 1, item (2), of such Article and whose disability comes within the first six classes of disability stipulated in the same Annexed Table, 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 23 paragraph 2 shall be applicable to a child who was fetus at the time when a person qualified for an invalidity pension became disabled."
Next to Article 46 paragraph 3, the following one paragraph shall be added:
"The provisions of paragraph 1 or 2 shall not apply to a person who comes within Article 34, item (2), Article 49-(2) or Article 49-(7)."
Article 47-(3) shall be repealed.
In Article 50 item (1), "whose insured term of coverage is 15 years or more" shall be amended as "comes under either item of Article 34" .
In Article 50-(2) paragraph 1, item (1), next to "the amount of his old age pension" and, in item (2) of the same paragraph, next to "which he could have been granted" , ( "if he has been granted an old age pension because of his coming within Article 34 item (2), the amount of his old age pension" ) shall be added, and in item (2), "whose insured term of coverage is 15 years or more" shall be amended as "who comes under either item of Article 34" .
In Article 52-(2) paragraph 1 item (4), before "Article 20 of the Employment Security Law" , "Article 21 of the Seamen's Employment Security Law or" shall be added, and in paragraph 2 of the same Article, "Seamen's Insurance Advisory Committee" shall be amended as "Seamen's Insurance Advisory Council" .
In Article 52-(3) paragraph 2, "Seamen's Insurance Advisory Committee" shall be amended as "Seamen's Insurance Advisory Council" .
Article 53 paragraph 3 shall be amended as follows:
"The administrative office shall provide the insurance benefits prescribed in the latter part of Article 1 paragraph 1, for dependants regardless of whether the insured person or a person formerly insured comes within any item of paragraph 1."
Next to Article 56, the following one Article shall be added:
Article 56-(2). The provisions of Article 25, Article 51 paragraph 1, Article 52 and Article 53 paragraphs 1 and 2, Article 54 and the preceding Article shall be applicable to dependents.
In Article 59, paragraph 2, "in accordance with the preceding paragraph" shall be repealed, and in paragraph 4 of the same Article, items (1) to (3) inclusive shall be amended as follows:
(1) 21.4 percent for the insured person described in Article 17 and who is not excluded from unemployment insurance benefits under the provisions of either item of Articles 33-(3), paragraph 2;
(2) 19.4 percent for the insured person described in Article 17 and who is excluded from unemployment insurance benefits under the provisions of either item of Article 33-(3) paragraph 2;
(3) 10.0 percent for the insured person described in Article 20.
In Article 60 paragraph 1, items (1) and (2) shall be amended as follows:
(1) With respect to the insured person described in Article 17 and who is not excluded from unemployment insurance benefits under the provisions of either item of Article 33-(3), paragraph 2, 8.4/21.4 by the insured and 13.1/21.4 by the shipowner;
(2) With respect to the insured person described in Article 17 and who is excluded from unemployment insurance benefits under the provisions of either item of Article 33-(3), paragraph 2, 7.4/19.4 by the insured person and 12.0/19.4 by the shipower.
"Chapter VI" shall be changed to "Chapter VII" and "Chapter V" to "Chapter VI" , and next to Article 62-(3), the following one Chapter shall be added:
Chapter V Seamen's Insurance Advisory Council
Article 62-(4). The Seamen's 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 Seamen's Insurance.
Article 62-(5). The Council shall investigate, deliberate and make written recommendations relative to the administration and operation of Seamen's Insurance as requested by the Minister of Welfare, and shall have the right to make such written recommndations 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 Seamen's Insurance."
Article 62-(6). The Council shall consist of six members representing the insured, six members representing the shipowners and six members representing the public interest, and the members representing the public interest shall include the representatives of the medical profession.
"Each member shall be appointed by the Minister of Welfare."
Article 62-(7). The members'term of office shall be two years, and onehalf of the members shall be appointed annually. The term of office of a member appointed to fill a vacancy shall be the remainder of the term of his predecessor.
Article 62-(8). 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 same manner as prescribed in paragraph shall act for the chairman."
Article 62-(9). The Minister of Welfare shall produce such data and information concerning Seamen's Insurance as the Council may request.
Article 62-(10). The Council shall be convened as often as necessary, and at least once every three months unless good cause is shown.
Article 62-(11). The Council shall be convened by 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 62-(12). 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 62-(13). 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 other government offices concerned 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 62-(14). 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 64, "Article 12" shall be amended as "Article 12-(2)" .
Next to Article 65-(15), the following two articles shall be added:
Article 65-(16). There shall be secretaries, not exceeding six, for the Seamen's 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 shall be at the service of the members of the Seamen's Insurance Appeal Board whenever requested by such members for the purpose of rendering technical advice and administrative aid."
Article 65-(17). There shall be clerks, not exceeding five, for the Seamen's Insurance Appeal 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 68 paragraph 1, "6 months" and "5,000 yen" shall respectively amended as "1 year" and "30,000 yen" .
In Article 69, "10,000 yen" shall be amended as "30,000 yen" and, in item (1) of the same Article, "submit" shall be amended as "present" and item (3) of the same Article shall be amended as follows:
(3) In case of falling to pay, by the time designated in the demand letter, the contributions prescribed in the principal clause of Article 61.
In Article 69-(2), "5,000 yen" shall be amended as "10,000 yen" , and, in item (1) of the same Article, next to "or a hearing, or" , "refusing to undergo medical examinations by licensed doctors" shall be added.。
In paragraph 2 of Supplementary Provisions, "Annexed Table No.8" shall be amended as "Annexed Table No.7" .
The Annexed Table No.5 shall be repealed, the Annexed Table No.6 shall be the Annexed Table No.5 the annexed Table No.7 shall be the Annexed Table No.6 and the Annexed Table No.8 shall be the Annexed Table No.7.