Law concerning the Temporary Measures for Separation Allowances for National Public Service Personnel and Others
法令番号: 法律第142号
公布年月日: 昭和25年5月4日
法令の形式: 法律

審議経過

I hereby promulgate the Law concerning the Temporary Measures for Separation Allowances for National Public Service Personnel and Others.
Signed:HIROHITO, Seal of the Emperor
This fourth day of the fifth month of the twenty-fifth year of Showa (May 4, 1950)
Prime Minister　YOSHIDA Shigeru
Law No.142
Law concerning the Temporary Measures for Separation Allowances for National Public Service Personnel and Others
Contents
Chapter I General Provisions(Articles 1·2)
Chapter II Separation Allowances in General(Articles 3-8)
Chapter III Special Separation Allowances(Articles 9·10)
Chapter IV Miscellaneous Provisions(Articles 11-14)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose and Effect)
Article 1.　The purpose of this Law is to establish temporarily the standards of separation allowances for the fiscal year 1950-51.
2　This Law shall be null and void on March 31, 1951. However, the provision of Article 10 shall become effective further until March 31, 1952.
3　As from the fiscal year 1951-52, a new permanent system of separation allowances shall be established and put into force by law separately, integrating the pensions under the provisions of the Pension Law (Law No.48 of 1923), separation allowances under the provisions of the National Public Service Mutual Aid Association Law (Law No.69 of 1948), separation allowances under the provision of this Law and similar separation benefits, and no separation allowance shall be paid unless in accordance with that law, except those paid in accordance with the provisions of the proviso to the preceding paragraph.
(Scope of Application)
Article 2.　The separation allowances under the provisions of this Law shall be paid to those personnel to whom salaries (including remunerations corresponding thereto;hereinafter the same) on the basis of the budgets of expenditure of the general account, separate accounts and the Japan Monopoly Corporation and the Japanese National Railways which have been passed as the budget for the fiscal year 1950-51 and the budget of expenditure which has been decided upon by the Diet in accordance with the Law concerning the Temporary Measure of the Budget and Settlement of Accounts for the Kodan, etc.(Law No.27 of 1949)(hereinafter referred to as "the personnel" ), in cases where they have retired, and to their bereaved families in cases where they have died.
CHAPTER II Separation Allowances in General
(Ordinary Retirement)
Article 3.　The amount of separation allowances for the personnel who retire due to the causes other than those prescribed in Article 4 shall be obtained by multiplying the daily amount of their salary by the number of days given in the following items:
(1)　As for the personnel who do not come under items (2) and (3), the number of days computed according to the following classifications by the period of service;
a.　As for the portion of period of service not exceeding 10 years, 16 days per annum,
b.　As for the portion of period of service exceeding 10 years, 20 days per annum
(2)　As for those who are actually entitled to the pensions (excluding the pensions due to injury or disease incurred in line of duty and the pensions paid concurrently therewith) under the provisions of the Pension Law (including cases where such provisions applies mutatis mutandis in Article 50 paragraph 1 of the Japan Monopoly Corporation Law (Law No.255 of 1948) and Article 56 paragraph 1 of the Japanese National Railways Law (Law No.256 of 1948), the number of days under the provisions of the preceding item less the number of days computed at a rate of 10 days for one year of the period of consecutive service as the public service personnel under the Pension Law;
(3)　As for those who are actually entitled to the separation allowances under the provisions of the National Public Service Mutual Aid Association Law (including cases where such provisions apply mutatis mutandis in Article 51 paragraph 1 of the Japan Monopoly Corporation Law and Article 57 paragraph 1 of the Japanese National Railways Law) or benefits under the Seamen's Insurance Law (Law No.73 of 1939) corresponding thereto, the number of days under the provisions of item (1) less the number of days computed at a rate of 7 days for one year of the period of consecutive service as member of the associations entitled to the separation allowances or insured persons under the Seamen's Insurance Law entitled to benefits corresponding thereto (in the case of those whose period of consecutive service exceeds 10 years, 10 days for one year of the portion in excess of 10 years).
(Retirement due to Amendment or Abrogation of the Fixed Number of Personnel, etc.)
Article 4.　The amount of separation allowances for the personnel who retire due to the causes mentioned below shall be the amount obtained by multiplying the daily amount of their salary by the number of days earned by adding 9 days per annum for the period of service (10 days per annum for the portion exceeding 10 years in case the consecutive service period exceeds ten years) to the number of days computed in the preceding Article:
(1)　Cases of retirement on account of the abolition of offices or excess of personnel consequent upon the revision or abolition of the fixed number of personnel or organization, or the reduction of the budget;
(2)　Cases of retirement upon reaching the age-limit or after having reached full 60 years of age;
(3)　Cases of retirement on account of inability to perform duty by injury or disease;
(4)　Cases of retirement against one's will on account of the causes other than the causes mentioned in the preceding item;
(5)　Cases of death while in service.
2　Whether or not the retirement of the personnel falls under the cases described in item (1) of the preceding paragraph, the decision shall be made on each occasion by the Cabinet meeting.
Article 5.　In case the amount of separation allowances to be given to the personnel who have been retired due to the causes mentioned in the preceding Article is less than a total of their monthly base pay, family allowance and area allowance at the time of their separation or death, the latter shall be regarded as the amount of separation allowances.
(Daily Amount of Salary)
Article 6.　The daily amount of salary under Articles 3 and 4 shall be a sum equivalent to one-thirtieth (1/30) of the monthly amount of base pay at the time of their separation or death (a sum corresponding to 25 days'amount of the daily amount of their salary, if their salary is determined by daily base). However, any fraction less than one sen shall be counted as one sen.
(Computation of the Length of Service)
Article 7.　The length of service shall be counted by the period of consecutive service years extending from the month wherein exists the date of their appointment to the month wherein exists the date of their retirement or death (including the period during which their services are rendered in the local public body and then continually in the service as the personnel;hereinafter the same).
2　In case the personnel who are employed on daily base are assigned to work for more than 22 days in a month, their services shall be regarded as being consecutively performed in connection with application of the provision of the preceding paragraph.
3　The length of service, if any, mentioned in each of the following items shall be excluded from the length of service computed in accordance with the provisions of the preceding two paragraphs:
(1)　The length of service as military personnel and military civilian employees under the provisions of Article 1 of the Special Exceptions to the Pensions Law under the Imperial Ordinance No.542 of 1945 (Imperial Ordinance No.68 of 1946);
(2)　As for the personnel who already received separation allowances, the length of service which was used as a base of computing the separation allowance.
4　In computing the length of service in accordance with the provisions of the preceding three paragraphs, any fraction less than one year shall be cut off;provided that the fraction of more than six months and less than one year shall be counted as one year.
(Limitation to the Payment of Separation Allowances)
Article 8.　The separation allowances as provided for in Article 3 to Article 5 inclusive (hereinafter referred to as "the separation allowance in general" ) shall not be paid to those coming under each of the following items:
(1)　Those who have been dismissed as the disciplinary punishment under the provision of Article 82 of the National Public Service Law (Law No.120 of 1947) or as the similar punishment;
(2)　Those who have lost their positions under the provisions of Article 76 of the National Public Service Law (excluding the case coming under the provision of Article 38 item (1) of the same law) or have retired from their position due to similar reasons;
(3)　Those who have been dismissed because they came under the provision of Article 98 paragraph 6 of the National Public Service Law or the similar reasons;
(4)　Personnel who are not required to be in full-time service.
2　The separation allowances under the provisions of Articles 4 and 5 shall not be paid to the personnel falling under any of the following items:
(1)　Personnel who are employed on daily base (excluding those who are regarded as having served consecutively for more than one month under paragraph 2 of the preceding Article);
(2)　Personnel who are employed for a fixed term of no more than two months (excluding those who have served consecutively for more than the fixed term);
(3)　Personnel who are employed for a fixed term of no more than four months in connection with seasonal business (excluding those who have served consecutively for more than the fixed term);
(4)　Personnel who are in a trial employment term (excluding those who have served consecutively for more than 14 days).
CHAPTER III Special Separation Allowances
(Separation Allowances for Personnel Dismissed without Advance Notice)
Article 9.　The wages to be paid in accordance with the provisions of Articles 20 and 21 of the Labor Standard Law (Law No.49 of 1947) or Article 46 of the Seamen's Law (Law No.100 of 1947) in the case of the retirement of the personnel coming under these provisions, (including retirement allowances to be paid in addition to the wages under these provisions in compliance with the provisions of the Law concerning the Emergency Measure of the Allowance to the Government Personnel with the Enforcement of the Labor Standard Law and Others (Law No.167 of 1947)) shall be included in the separation allowance in general;provided that when the amount of separation allowance in general is less than the wages under these provisions, the amount equivalent to the difference shall be paid as separation allowance in addition to the separation allowances in general.
(Separation Allowances for the Unemployed)
Article 10.　As for the personnel who have been separated after more than six months of service and remain to be unemployed within a period of one year counting from the following day of the date of separation, if the amount of separation allowance they already received is less than a sum corresponding to 180 days'amount of the daily amount of the unemployment insurance benefit (hereinafter referred to as "the daily amount of the unemployment insurance benefit" ) computed in accordance with provisions of the Unemployment Insurance Law (Law No.146 of 1947), the amount equivalent to the difference shall be given to them by the Public Employment Security Office as a separation allowance in addition to the said separation allowances pursuant to the conditions for insuance of such insurance benefit under the provisions of the same Law.
2　The separation allowances under the provision of the preceding paragraph shall be paid only in the case the personnel are found in the unemployment after a period of days of unemployment which is equal to number (of which any fraction less than one shall be cut off) obtained by dividing the amount of the separation allowance they already received by the daily amount of the unemployment insurance benefit, in proportion to the number of days of unemployment in excess of the said clays.
3　When the personnel who are separated in the case falling under the provision of paragraph 1 are not capable of receiving the separation allowance, the sum corresponding to 180 days'amount of the daily amount of the unemployment insurance benefit shall be paid to them as a separation allowance by the Public Employment Security Office pursuant to the conditions for issuance of such insurance benefit under the provision of the Unemployment Insurance Law.
4　The separation allowances unber the provision of this Article shall not be paid to the personnel who receive the similar unemployment benefits corresponding to the separation allowance under the provision of the Unemployment Insurance Law or the Seamen's Insurance Law.
CHAPTER IV Miscellaneous Provisions
(Coverage and the Order of the Bereaved Family)
Article 11.　The bereaved family as referred to in Article 2 shall be those as enumerated in each of the following items:
(1)　Spouse (including those who were actually in the same relation as marriage though the notification was not made at the time of death of the personnel);
(2)　Children, parents, grandchildren, grandparents, brothers and sisters who maintained their living at the time of the death of the personnel chiefly upon the income of the personnel;
(3)　Relatives, other than those enumerated in the preceding items, who maintained their living at the time of the death of the personnel upon the income of the personnel;
(4)　Children, parents, grandchildren, grandparents, brothers and sisters who do not come under item (2).
2　The order of those enumerated in the preceding paragraph to receive the separation allowance shall be in accordance with the order of items in the preceding paragraph, and the order among those referred to in items (2) and (4) shall be in the sequence as enumerated in the same items.
3　In case there exist more than two persons who are in the same sequence, the separation allowance shall be distributed equally among these persons.
(Treatment of Personnel Transferred to the Local Public Body)
Article 12.　As regards the retiring personnel who are continually employed in the local public body, when it is provided by the regulations of the local public body concerned relating to separation allowance for its personnel that the length of service as the personnel is to be included in the length of service in the local public body concerned, no separation allowances prescribed in this Law shall be given to them.
(Exceptions for the Seamen, etc.)
Article 13.　In case special exception to this Law are necessary to be established for the seamen workers or other personnel in view of the special nature of their working conditions, pay System, etc., the special exception may be established separately by Cabinet Order. However, the said special exception must be the one in conformity with the purport of this Law.
(Regulation for Implementation of this Law)
Article 14.　The procedure and other matters necessary for the enforcement of this Law shall be provided for by Ministry of Finance Ordinance.
Supplementary Provisions:
1.　This Law shall come into force as from the day of its promulgation.
2.　The following Cabinet Orders shall be abolished:
Cabinet Order concerning Separation Allowances for the Personnel to be Separated in Consequence of the Enforcement of the Law for the Fixed Number of Personnel in the Administrative Organs (Cabinet Order No.263 of 1949);
Cabinet Order for the Temporary Measures for Separation Allowances in Consequence of the Execution of the Consolidated Balanced Budgets for the Fiscal Years 1949-50 and 1950-51 (Cabinet Order No.264 of 1949).
3.　As for the separation allowances to be paid to the personnel being separated or dying prior to the day of enforcement of this Law, the precedents under the former provision shall still apply.
4.　As to the separation allowances for the personnel who render service to the Allied Forces to meet their demands, they shall be provided with the same rate, same conditions and same procedures of their issuance as may be available as of the date of enforcement of this Law, regardless of the provisions of this Law.
5.　The amount of the separation allowances in general as given to the personnel coming under one of the following items and determined by the Cabinet meeting shall be the amount as provided for in paragraphs 6 and 7, regardless of the provisions of Articles 4 and 5:
(1)　Personnel to be separated due to revision or abrogation of the fixed number of personnel or the number of personnel in consequence of the enforcement of the Law for Partial Amendments to the Law for the Fixed Number of Personnel in the Administrative Organs (Law No.140 of 1950);
(2)　Personnel of the Kodan established by law or order, the Japanese National Railways, the Reconversion Finance Bank, the Civilian Merchant Marine Committee, the Holding Company Liquidation Commission, the Closed Institutions Liquidation Commission or the Securities Coordinating Liquidation Committee to be separated due to revision or abolishment of the organizations during the fiscal year 1930-51 or due to the necessity of executing the budget for the same fiscal year;
(3)　Personnel (including koin and yonin) of the prefectural offices prescribed in Article 8 of the Supplementary Provisions of the Local Autonomy Law (Law No.67 of 1947) who engaged in the work pertaining the enforcement of the Temporary Commodities Demand and Supply Adjustment Law (Law No.32 of 1946) as assigned to the Ministry of International Trade and Industry or the Ministry of Transportation (hereinafter referred to as "local personnel" ) who will be separated during the period from April 1 to July 1, 1950 due to revision or abolishment of the fixed number of personnel fixed by Cabinet Order under the same Article.
6.　The amount of separation allowance in general as given to the personnel prescribed in the preceding paragraph shall be the amount obtained by multiplying the daily amount of their salary by the number of days computed in applying the provision of each item of Article 3 after reading the provision of item (1) of the same Article as "As for the personnel who do not come under item (2) or (3):the number of days computed at the rate of 30 days per annum of their service year" .
7.　In case the amount of separation allowance under the provision of the preceding paragraph as given to the personnel who come under each item of paragraph 5 and who are enumerated in the following items is less than the amount obtained by multiplying the total of the monthly amounts of base pay, family allowance and area allowance of the personnel concerned at the time of their separation by the number of month or months specified in any of the items concerned, the amount so obtained shall be the amount of their separation allowance:
(1)　Personnel in service of less than one year............　one and a half month;
(2)　Personnel in service of more than one year but less than two years...　two months;
(3)　Personnel in service of more than two years but less than three years.............................................　two and half months;
(4)　Personnel in service of more than three years.....................................　three months.
8.　The amount of separation allowance in general provided for the personnel (including the local personnel) who were separated prior to the enforcement of this Law on the basis of the necessity of executing the budget for the fiscal year 1950-51 and who were determined by the cabinet meeting shall be the amount of the separation allowance in general computed in accordance with the preceding two paragraphs, regardless of the provision of paragraph 3.
9.　The Law concerning Transfer and Payment from Special Accounts, ete. to the General Account for Appropriation for the Retirement Allowances to be paid the Retired Officials (Law No.62 of 1950) shall be partially amended as follows:
In Article 1, "the differential amount as prescribed in Article 5 of the Cabinet Order concerning Separation Allowances for the Personnel to be Separated in Consequence of the Enforcement of the Law for the Fixed Number of Personnel in the Administrative Organs (Cabinet Order No.263 of 1949) and Article 10 of the Cabinet Order for the Temporary Measures for Separation Allowances in Consequence of the Execution of the Consolidated Balanced Budgets for the Fiscal Years 1949-50 and 1950-51 (Cabinet Order No.264 of 1949)" shall be amended as "the differential amount as prescribed in Article 10 of the Law concerning the Temporary Measures for Separation Allowances for National Public Service Personnel and Others (Law No.142 of 1950)" .
The Supplementary Provisions of the Law concerning Transfer and Payment from special Accounts, etc. to the General Account for Appropriation for the Retirement Allowances to be Paid the Retired Officials shall be amended as follows:
1.　This Law shall come into force as from April 1, 1950;
2.　The differential amount as prescribed in Article 5 of the Cabinet Order concerning Separation Allowances for the Personnel to be Separated in consequence of the Enforcement of the Law for the Fixed Number of Personnel in the Administrative Organs (Cabinet Order No.263 of 1949) and Article 10 of the Cabinet Order for the Temporary Measures for Separation Allowances in Consequence of the Execution of the Consolidated Balanced Budgets for the Fiscal Years 1949-50 and 1950-51 (Cabinet Order No.264 of 1949) or such differential amount corresponding to those amounts as in the cases where the precedents under the former provisions shall apply in accordance with the provision of paragraph 3 of the Supplementary Provisions of the Law concerning the Temporary Measures for Separantion Allowances for National Public Service Personnel and Others shall be regarded as the differential amount provided for in Article 10 of the Law concerning the Temporary Measures for Separation Allowances for National Public Service Personnel and Others in applying the provision of Article 1.
Prime Minister　YOSHIDA Shigeru
Attorney-General　UEDA Shunkichi
Minister for Foreign Affairs　YOSHIDA Shigeru
Minister of Finance, pro tempor　Minister of State　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　TAKASE Sotaro
Minister of Transportation　OYA Shinzo
Minister of Communications　OZAWA Saeki
Minister of Telecommunications　OZAWA Saeki
Minister of Labor　SUZUKI Masabumi
Minister of Construction　MASUTANI Shuji
President of Economic Stabilization Board　YOSHIDA Shigeru