Law for Special Instances for the Welfare Pension Insurance Law
法令番号: 法律第38号
公布年月日: 昭和26年3月27日
法令の形式: 法律
I hereby promulgate the Law for Special Instances for the Welfare Pension Insurance Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-seventh day of the third month of the twenty-sixth year of Showa (March 27, 1951)
Prime Minister YOSHIDA Shigeru
Law No.38
Law for Special Instances for the Welfare Pension Insurance Law
(Purpose of this Law)
Article 1. The purpose of this Law is to increase the amounts of invalidity pensions and survivor's pensions under the Welfare Pension Insurance Law (Law No.60 of 1941) which are calculated on the basis of the standard remuneration effective prior to Aug.1, 1948 (the date of the enforcement of the Law for Partial Amendments to the Welfare Pension Insurance Law and Others (Law No.127 of 1948;hereinafter referred to as "the Amendments Law of 1948" )).
(Increase of the Amount of Invalidity Pensions)
Article 2. Of the amount of an invalidity pension to be granted to a person qualified for such pension of Feb.1, 1951, that part which is calculated only on the basis of the standard remuneration effective prior to Aug.1, 1948 shall be an amount equal to two times the former effective amount of such pension, regardless of the provisions of Art.37 par.1 of the Welfare Pension Insurance Law or Art.4 or 5 of the Supplementary Provisions of the Law for Partial Amendments to the Health Insurance Law and Others (Law No.45 of 1947;hereinafter referred to as "the Amendment Law of 1947" ), and Art.5 par.1 of the Supplementary Provisions of the Amendment Law of 1948 (including the case where it applies mutatis mutandis under Art.8 of the Supplementary Provisions of the same Law) or par.4 of the Supplementary Provisions of the Law for Partial Amendments to the Welfare Pension Insurance Law and Others (Law No.38 of 1949;hereinafter referred to as "the Amendment Law of 1949" )(including the case where it applies mutatis mutandis under par.6 of the Supplementary Provisions of the same Law).
Article 3. Of the amount of an invalidity pension to be granted to a person qualified for such pension on Feb.1, 1951, that part which is calculated under the provision of Art.5 of Supplementary Provisions of the Amendment Law of 1947 and which is calculated on the basis of the standard remuneration effective prior to and after Aug.1, 1948 shall be an amount equal to five times the average monthly remuneration for an invalidity pension granted to a person qualified for such pension on account of his disability due to an occupational cause, coming within the first class through the third class of degree of disability as stipulated in Annexed Table No.1 of the Imperial Ordinance for Partial Amendments to the Enforcement Ordinance of the Laborers'Pension Insurance Law (Imperial Ordinance No.363 of 1944)(hereinafter referred to as "an invalidity pensioner of the first class under the former Law" ), and four times the average monthly remuneration for an invalidity pension granted to a person other than the person mentioned above (hereinafter referred to as "an invalidity pensioner of the second class under the former Law" ), regardless of the provisions of Art.5 of the Supplementary Provisions of the Amendment Law of 1947 and Art.5 par.1 of the Supplementary Provisions of the Amendment Law of 1948 which applies mutatis mutandis under Art.8 of the Supplementary Provisions of the same Law.
2 The average monthly remuneration mentioned in the preceding paragraph shall be the highest amount of those enumerated in the following items:
(1) The average amount of the monthly standard remuneration during the three months immediately preceding the month of the origin of the sickness or injury which was the cause of disability (if the continuous term of coverage is less than three months, such term of coverage shall be used instead of the three months prescribed above;hereinafter the same);
(2) The average amount of the monthly standard remuneration during the three months immediately preceding the month in which the disability occurred;
(3) If a person was disqualified for an insured before he was disabled, the average amount of the monthly standard remuneration during the three months immediately preceding the month in which he was disqualified.
3 If, at the time of the calculation of the average monthly remuneration under the provision of the preceding paragraph, the period of the three months prescribed in each item of the same paragraph covers the months prior to and after Aug.1, 1948, the average amount prescribed in each item of the same paragraph shall be calculated only on the basis of the period on and after Aug.1, 1948.
Article 4. If, at the time of the calculation of the amount of an invalidity pension under the provisions of the preceding Article, such amount is to be calculated only on the basis of the standard remuneration effective prior to Aug.1, 1948, the amount of such pension shall be an amount equal to ten times the amount calculated in accordance with the provisions of the preceding Article, regardless of the provisions of the preceding Article, Art.5 of the Supplementary Provisions of the Amendment Law of 1947 and Art.5 par.1 of the Supplementary Provisions of the Amendment Law of 1948 which applies mutatis mutandis under Art.8 of the Supplementary Provisions of the same Law.
Article 5. The provision of Art.3 par.3 shall be applicable mutatis mutandis to the calculation of the average monthly standard remuneration under the provision of Art.3 of the Supplementary Provisions of the Amendment Law of 1948.
Article 6. If the amount of an invalidity pension calculated in accordance with the provisions of Art.2 through the preceding Article exceeds 30,000 yen in an invalidity pension granted to a person qualified for such pension on account of his disability coming within the first class of degree of disability as stipulated in Annexed Table No.1 of the Welfare Pension Insurance Law or to an invalidity pensioner of the first class under the former Law, and 24,000 yen in an invalidity pension granted to a person qualified for such pension on account of his disability coming within the second class of degree of disability as stipulated in Annexed Table No.1 of the Welfare Pension Insurance Law or to an invalidity pensioner of the second class under the former Law, the amounts of such pensions shall be 30,000 yen or 24,000 yen respectively, regardless of the provisions of those Articles.
(Increase of the Amount of Survivor's Pensions)
Article 7. Of the amount of a survivor's pension to be granted to a person qualified for such pension on Feb.1, 1951, that Part which is calculated only on the basis of the standard remuneration effective prior to Aug.1, 1948 shall be an amount equal to two times the amount calculated in accordance with the provision of Art.6 par.1 of the Supplementary Provisions of the Amendment Law of 1948, regardless of the provisions of Arts.4 through 6 of the Supplementary Provisions of the Amendment Law of 1947 and Art.6 of the Supplementary Provisions of the Amendment Law of 1948 (including the case where it applies mutatis mutandis under Art.9 of the Supplementary Provisions of the same Law).
Article 8. Of the amount of a survivor's pension to be granted to a person qualified for such pension on Feb.1, 1951, that part which is calculated on the basis of the standard remuneration effective prior to and after Aug.1, 1948 shall be an amount equal to two times the average monthly remuneration, regardless of the provisions of Art.5 or 6 of the Supplementary Provisions of the Amendment Law of 1947 and Art.6 of the Supplementary Provisions of the Amendment Law of 1948 which applies mutatis mutandis under Art.9 of the Supplementary Provisions of the same Law.
2 The average monthly remuneration mentioned in the preceding paragraph shall be the highest amount of those enumerated in the following items:
(1) The average amount of the monthly standard remuneration during the three months immediately preceding the month of the origin of the sickness or injury which was cause of death of an insured person or a person formerly insured;
(2) The average amount of the monthly standard remuneration during the three months immediately preceding the month in which the disqualification for an insured occurred;
(3) With respect to the amount of a survivor's pension granted on account of the death of a person qualified for an invalidity pension, the monthly standard remuneration on the basis of which the amount of such pension was calculated.
3 The provision of Art.3 par.3 shall be applicable mutatis mutandis to the calculation of the average monthly remuneration under the provision of the preceding paragraph.
Article 9. If, at the time of the calculation of the amount of survivor's pension under the provisions of the preceding Article, such amount is to be calculated only on the basis of the standard remuneration effective prior to Aug.1, 1948, the amount of such pension shall be an amount equal to ten times the amount calculated in accordance with the provisions of the preceding Article, regardless of the provisions of the same Article, Art.5 or 6 of the Supplementary Provisions of the Amendment Law of 1947 and Art.6 of the Supplementary Provisions of the Amendment Law of 1948 which applies mutatis mutandis under Art.9 of the Supplementary Provisions of the same Law.
Article 10. If the amount of a survivor's pension calculated in accordance with the provisions of Art.7 through the preceding Article exceeds 12,000 yen, the amount of such pension shall be 12,000 yen, regardless of the provisions of those Articles.
Article 11. When there are two or more surviving children of an insured person or a person formerly insured, eligible for a survivor's pension, the amount of the survivor's pension granted to them shall be computed by increasing the amount calculated in accordance with the provisions of Art.7 through the preceding Article by 2,400 yen for each such child except one of them.
(Protection of Vested Right)
Article 12. If the amount of an invalidity pension or a survivor's pension calculated in accordance with the provisions of Art.2 through the preceding Article is less than the former effective amount of such pension, the amount of such pension shall be equal to the former effective amount, regardless of the provisions of those Articles.
(Additional Payment)
Article 13. The provisions of Art.5 pars.2 and 3 of the Supplementary Provisions of the Amendment Law of 1948 shall be applicable mutatis mutandis to payment granted additionally to the amount of an invalidity pension to be calculated in accordance with the provisions of Arts.2 through 6 and the preceding Article of this Law, and the provision of Art.7 of the Supplementary Provisions of the Amendment Law of 1948 shall be applicable mutatis mutandis to payment granted additionally to the amount of a survivor's pension to be calculated in accordance with the provisions of Arts.7 through 10 and the preceding Article of this Law.
(Calculation of the Amount of Survivor's Pension for which Pensioner will become Qualified in the Future)
Article 14. The provisions of Arts.7 through 12 shall be applicable mutatis mutandis to the calculation of the amount of a survivor's pension which is granted to a person who becomes qualified for such pension on and after Feb.2, 1951 in accordance with the provision of Art.6 of the Supplementary Provisions of the Amendment Law of 1947, and the provision of the preceding Article shall be applicable mutatis mutandis to the additional payment for the amount of the survivor's pension as mentioned above.
Supplementary Provision:
This Law shall come into force as from April 1, 1951 and shall apply to the invalidity pension and survivor's pension payable in and after February of the same year.
Minister of Finance IKEDA Hayato
Minister of Welfare KUROKAWA Takeo
Prime Minister YOSHIDA Shigeru