The Pension Law (Law No.48 of 1923) shall be partially amended as follows:
In Article 1, "Public officials, quasi-public officials, and their surviving dependents" shall be amended as "Public officials and their surviving dependents" .
In Article 8, "a public official or a quasi-public official or his surviving dependent" shall be amended as "a public official or his surviving dependent" ;and the following one paragraph shall be added to the same Article:
In case a public official's dependent to support or his surviving dependent to support is to be the common cause of pension-increase in regard to more than two pensions under the provisions of Article 65 paragraph 2, Article 65-(2) paragraph 3, or Article 75 paragraph 2, he shall be made the cause of pension-increase for only the pension granted for a reason that first occurred.
In Article 10 paragraph 1, "the public official or quasi-public official" shall be amended as "the public official" .
Article 12 shall be amended as follows:
Article 12. Regarding the right of a pension, the Chief of the Pension Bureau of the Prime Minister's Office shall decide it.
Article 16 shall be amended as follows:
Article 16. The pensions shall be defrayed by the National Treasury.
Articles 17 and 18 shall be amended as follows:
Articles 17 and 18. Deleted
In Article 19 paragraph 1, "civil officials, educational officials, police-and-prison officials and taigu-officials" shall be amended as "civil officials and police-and-prison officials" ;and paragraph 2 of the same Article shall be deleted.
Article 20 shall be amended as follows:
Article 20. Civil officials shall mean those persons who are Government officials or members of the Diet and who are not police-and-prison officials.
'Government officials'mentioned in the preceding paragraph shall comprise the following:
(1) A Government official whom the Emperor appoints or whose appointment and dismissal require Imperial attestation;
(2) The Director of the Cabinet Secretariat, the Deputy Director of the Cabinet Secretariat, the Parliamentary Vice-Minister, the Administrative Vice-Minister, or the Confidential Secretary;
(3) Secretaries, technicians, or teachers serving in Fu (Office), Ministry, Economic Stabilization Board, Law Courts, Board of Audit, or National Personnel Authority;
(4) The Public Procurators (excluding the Government officials mentioned in item (1));
(6) Judges (excluding the Government officials mentioned in item (1));
(7) Official posts corresponding to those mentioned in item (2) or (3)(excluding such'chairman and commissioners of commissions'and'officials and employees of public corporations prescribed by law, People's Finance Corporation, and Housing Loan Corporation as are not specially provided for by the Law).
In case it is doubtful whether an official post corresponds to that prescribed by item (7) of the preceding paragraph, the Prime Minister shall decide it.
Articles 21 and 22 shall be amended as follows:
Articles 21 and 22. Deleted.
In Article 23 item (3), "vice-chief-jailers or jailers" shall be amended as "vice-chief-jailers, jailer-sergeants, or jailers" ;and in item (4) of the same Article, "Imperial Palace guard-sergeants or Imperial Palace guards" shall be amended as "Imperial Palace police-sergeants or Imperial Palace police-men" .
Article 24 shall be amended as follows:
Article 25 paragraph 1 shall be amended as follows:
To assume office shall mean in this Law that a person who is not in the official post of a public official is appointed to the official post of a public official.
In paragraph 2 of the same Article, "abolishment of a Government post, a post, a government establishment, or a school" shall be amended as "abolishment of a Government establishment, a school, or an official post" .
Article 26 shall be amended as follows:
Article 26. To retire from office (taishoku) shall mean in this Law to be relieved of one's official post (menshoku), to retire one's official post (taishoku), or to lose one's official post (shisshoku).
In case a police-and-prison official has been transferred to the post of a civil official, he shall be regarded as having retired from office.
Article 27 shall be amended as follows:
Articles 31 to 37 inclusive shall be amended as follows:
Articles 31 to 37 inclusive. Deleted.
Articles 42 and 43 shall be amended as follows:
Articles 42 and 43. Deleted.
Article 47 shall be amended as follows:
Article 48 paragraph 2 shall be deleted.
Articles 49-(4) to 49-(6) inclusive shall be deleted.
In Article 52 paragraph 1, "the time of retirement" shall be amended as "the day of retirement" .
In Article 55 paragraph 2 item (1), "shown in Annexed Table No.2-A" shall be amended as "computed according to the provisions of Annexed Table No.2-A and" ;and in item (2) of the same paragraph, "shown in Annexed Table No.2-B, shall be amended as" computed according to the provisions of Annexed Table No.2-B and".
Article 58 shall be amended as follows:
Article 58. In case the recipient of an ordinary pension resumes office as a public official, the above pension shall be stopped from the month following his resumption of office till the month of his retirement, except in case of his actual term of service after the resumption of office being less than one month.
Next to the same Article shall be added the following 4 Articles:
Article 58-(2). In case the recipient of an ordinary pension, an additional pension, or a disease-and-injury pension is sentenced to penal servitude or imprisonment without hard labor for a period not exceeding three years, the above pension shall be stopped from the month following the month in which he is sentenced to such penalty till the month in which he completes the execution of the penalty or remitted thereof, except in case of a stay of execution being granted. In case the said grant of execution is annulled, the above pension shall be stopped from the month following the month in which the said grant is annulled till the month in which he completes the execution of the penalty or remitted thereof.
Article 58-(3). An ordinary pension shall be stopped as follows: Age of pensioner Proportion to be stopped Up to 40 (inclusive) 10/10 40 (exclusive)-45 (inclusive) 5/10 45 (exclusive)-50 (inclusive) 3/10
The stoppage of an ordinary pension provided for in the preceding paragraph shall not be made in case it is accompanied with an additional pension or a disease-&-injury pension.
In the case of a person who has retired from office because of a disease or an injury not attributable to public service the degree of which has reached the degree prescribed in Article 49-(2) or Article 49-(3), the stoppage of an ordinary pension provided for in paragraph 1 shall not be made for 5 years following the month in which he has retired.
In the case of a person who has not been cured of the abovementioned disease or injury 6 months before the expiration of the term prescribed in the preceding paragraph, he may apply for the postponement of the above term. In case the said person's disease or injury is still of the degree prescribed in the preceding paragraph, the stoppage of an ordinary pension provided for in paragraph 1 shall not be made.
Article 58-(4). In case the annual amount of an ordinary pension exceeds \50,000 and the annual amount of the income other than the said pension during the preceding year exceeds \250,000, the above pension shall be partially stopped as follows, with the reservation that the annual amount of the pension shall not be less than\50,000:
(1) When the annual amount of the pension plus that of the income other than the said pension is not more than \350,000, 15% of the amount of excess over \300,000;
(2) When the annual amount of the pension plus that of the income other than the above pension exceeds \350,000 and is not more than \450,000, 15% of the amount that exceeds \300,000 and is not more than \350,000 plus 20% of the amount that exceeds \350,000. However, the annual amount to be stopped shall not exceed 20% of the annual amount of the pension;
(3) When the annual amount of the pension plus that of the income other than the pension exceeds \450,000 and is not more than \600,000, 15% of the amount that exceeds \300,000 and is not more than \350,000 plus 20% of the amount that exceeds \350,000 and is not more than \450,000 plus 25% of the amount that exceeds \450,000. However, the annual amount to be stopped shall not exceed 25% of the annual amount of the pension;
(4) When the annual amount of the pension plus that of the income other than the pension exceeds \600,000, 15% of the amount that exceeds \300,000 and is not more than \350,000 plus 20% of the amount that exceeds \350,000 and is not more than \450,000 plus 25% of the amount that exceeds \450,000 and is not more than \600,000 plus 30% of the amount that exceeds \600,000. However, the annual amount to be stopped shall not exceed 30% of the annual amount of the pension.
Regarding the calculation of the income other than the pension under the preceding paragraph, the provisions regarding the calculation of taxable total income prescribed in the Income Tax Law (Law No.27 of 1947) shall apply mutatis mutandis.
The income other than the pension under paragraph 1 shall annually be fixed by the competent Deciding Office on the basis of the investigation made by the chief of the Taxation Office.
The pension-stoppage under paragraph 1 shall, on the basis of the decision stated in the preceding paragraph, be made to pensions for the period beginning in July of that year and ending in June of the following year. However, no stoppage of a pension for the period beginning in the month following the month when the reason for receiving the said pension occurred and ending in June of the following year shall be made.
In case a pension-stoppage provided for in paragraph 1 must be made to a pension for a period before the preceding year owing to delay in the application therefor or the decision thereof, the amount-to-be-stopped may, irrespective of the provisions of the preceding paragraph, be deducted from the amount of the pension to be paid for a period later than the period for which the above pension-stoppage is to be made.
Article 58-(5). In case a person has received an accident compensation provided for in Article 13 of the Government Employee's Accident Compensation Law (Law No. of 1951) or Article 77 of the Labour Standard Law (Law No.49 of 1947), or a benefit similar thereto in accordance with the provisions of Article 84 paragraph 1 of the same Law, an additional pension (including the pension-increase provided for in Article 65 paragraph 2) or a disease-and-injury pension (including the pension-increase provided for in Article 65-(2) paragraph 3) shall be stopped for a period of 6 years commencing from the month following the month in which the reason for receiving the said accident compensation or benefit has occurred. However, the annual amount to be stopped shall not exceed one-sixth of the amount of the said compensation or benefit.
Article 59 shall be amended as follows:
Article 59. A public official shall pay 2% of his salary to the National Treasury every month.
In item (1) of Article 59-(2) paragraph 1, "(a) an over-2-classes-raise shall be regarded as a 2-classes-raise in the case of a salary to which fixed class-scale-of-salaries is applicable;and (b) an raise of over 30% of the salary received 1 year before retirement or death shall be regarded as a 30% raise in the case of a salary to which no fixed class-scale-of-salaries is applicable" shall be amended as "an over-2-steps-raise from the step of the salary received 1 year before retirement or death shall be regarded as a 2-steps-raise" ;and in item (2) of the same paragraph, "(a) an over-1-class-raise shall be regarded as a 1-class-raise in the case of a salary to which a fixed class-scale-of salaries is applicable;and (b) a raise of over 15% of the salary received 1 year of retirement or death shall be regarded as a 15% raise in the case of a salary to which no fixed class-scale-of-salaries is applicable" shall be amended as "an over-1-step-raise from the step of the salary received 1 year before retirement or death shall be regarded as a 1-step-raise" .
Article 59-(3) shall be amended as follows:
Article 59-(3). In the case of the 1-step-raise or 2-step-raise of a salary provided for in paragraph 1 of the preceding Article, the following provisions shall apply:
(1) In the case of a person whose salary has been raised higher than the highest step of the salary in the same grade, the salary-1-step-higher or the salary-2-steps-higher, shown in Annexed Table No.1 of the Supplementary Provisions of the Law for Partial Amendments to the Law concerning Compensation of Employees in the Regular Government Service (Law No.299 of 1950) shall be regarded as the salary-1-step-higher or the salary-2-steps-higher under paragraph 1 of the preceding Article;
(2) In case a salary-increase is made owing to a change of one's official post, the salary, shown in the standard scale of salaries as fixed for the new post, that is nearest to and larger than the salary hitherto received shall be regarded as the salary-1-step-higher, and the salary next above the latter salary shall be regarded as the salary-2-steps-higher.
Article 60 paragraph 7 shall be deleted.
Articles 61. and 62 shall be amended as follows:
Articles 61 and 62. Deleted.
Article 64 shall be amended as follows:
Article 65 shall be amended as follows:
Article 65. The annual amount of an additional pension shall be the amount calculated by multiplying the annual amount of salary at the time of retirement by the rate, shown in Annexed Table No.2, determined according to the cause of disease or injury and the degree of disability. However, in the case of a person who did not retire within 5 years of the time he contracted the disease or suffered the injury, the annual amount of his salary calculated on the basis of his salary received 5 years after the aforementioned time shall be regarded as the annual amount of his salary at the time of retirement.
In the case provided for in the preceding paragraph, if a person entitled to an additional pension has dependents to support, an amount calculated by multiplying \4,800 by the number of his dependents to support shall be added to the annual amount of the above pension.
Dependents to support under the preceding paragraph shall mean the grandparents, parents, wife, and children under age of a recipient of an additional pension, who continuously have been supported by, or lived with the latter since the time of his retirement.
Article 65-(2) shall be amended as follows:
Article 65-(2). The annual amount of a disease-&-injury pension shall be the amount calculated by multiplying the annual amount of the salary at the time of retirement by the rate, shown in Annexed Table No.3, determined according to the cause of disease or injury and the degree of disease or injury. However, an amount equal to 85% of the above amount shall be made the annual amount of the above disease-&-injury pension in case it is accompanied with an ordinary pension.
The provision of the proviso to paragraph 1 of the preceding Article shall apply mutatis mutandis to the calculation of the annual amount of the salary at the time of retirement of a person who is to be granted a disease-&-in jury pension.
The provisions of paragraphs 2 and 3 of the preceding Article shall apply mutatis mutandis to the case provided for in paragraph 1.
In Article 67 paragraph 1, "A civil official, an educational official, or a taigu-official" shall be amended as "A civil official" .
Articles 68 and 69 shall be amended as follows:
Articles 68 and 69. Deleted.
In Article 72, Article 73 paragraph 1, and Article 74-(2), "a public official or a quasi-public official" shall be amended as "a public official" .
In Article 75 paragraph 1 item (1), "a public official or a quasi-public official" shall be amended as "a public official" ;in item (2) of the same paragraph, "a public official or a quasi-public official" shall be amended as "a public official" , and "the percentage, shown in Annexed Table No.5, determined according to the decedent's rank and class at the time of retirement" shall be amended as "40/10" ;in item (3) of the same paragraph, "a public official or a quasi-public official" shall be amended as "a public official" , and "the percentage, shown in Annexed Table No.6, determined according to the decedent's rank and class at the time of retirement" shall be amended as "33/10" ;in item (4) of the same paragraph, "the percentage, shown in Annexed Table No.7, determined according to the decedent's rank and class at the time of retirement" shall be amended as "24/10" ;and paragraph 2 of the same Article shall be amended as follows:
Regarding the application of the provisions of items (2) to (4) inclusive of the preceding paragraph in case a person entitled to a dependency pension has surviving dependents to support, an amount calculated by multiplying \4,800 by the number of his surviving dependents to support shall be added to the annual amount of the above dependency pension.
Paragraph 3 of the same Article shall be amended as follows:
Surviving dependents to support under the preceding paragraph shall mean persons who are supported by, or live with the recipient of a dependency pension and who are qualified for a dependency pension.
In Article 76, "public official or quasi-public official" shall be amended as "public official" .
The following one Article shall be added next to Article 79-(2):
Article 79-(3). In case a person entitled to a surviving dependent's compensation provided for in Article 15 of the Government Employees'Accident Compensation Law or Article 79 of the Labor Standard Law or abenefit similar thereto in accordance with the provision of Article 84 paragraph 1 of the same Law, a partial stoppage of a dependency pension shall be made as specified below for a period of 6 years commencing form the month following the month in which the cause for receiving the said compensation or benefit has occurred. However, the annual amount of pension-stoppage shall not exceed an amount equal to one-sixth of the amount of the said compensation or benefit:
(1) In the case of the dependency pension under Article 75 paragraph 1 item (2), 30/40 of its annual amount plus the annual amount of the pension-increase provided for in paragraph 2 of the same Article;
(2) In the case of the dependency pension under Article 75 paragraph 1 item (3), 23/33 of its annual amount plus the annual amount of the pension-increase provided for in paragraph 2 of the same Article;
(3) In the case of the dependency pension under Article 75 paragraph 1 item (4), 14/24 of its annual amount plus the annual amount of the pension-increase provided for in paragraph 2 of the same Article.
In Article 80 paragraph 1 item (2), "public official or quasi-public official" shall be amended as "public official" .
In Article 81 paragraph 1, "a public official or a quasi-public official" shall be amended as "a public official" .
In Article 82 paragraph 1, "a civil official, an educational official, or a taigu-official" shall be amended as "a civil official" .
Annexed Table No.1-(6) shall be deleted.
Annexed Table No.2 shall be amended as follows:
Table No.2
Nature of disease or injury |
Cate-gory 1 |
Cate-gory 2 |
Cate-gory 3 |
Cate-gory 4 |
Cate-gory 5 |
Cate-gory 6 |
Cate-gory 7 |
Cause of disease or injury |
A Special public service |
104/150 |
88/150 |
71/150 |
58/150 |
46/150 |
38/150 |
27/150 |
B Ordinary public service |
88/150 |
74/150 |
60/150 |
49/150 |
40/150 |
33/150 |
23/150 |
In the case of the "Special Category" of A or B, each amount for "Category 1" plus an amount not exceeding 50% thereof shall be granted. |
Annexed Table No.3 shall be amended as follows:
Table No.3
Nature of disease or injury |
Class 1 |
Class 2 |
Class 3 |
Class 4 |
Cause of disease or injury |
A Special public service |
30/150 |
24/150 |
21/150 |
18/150 |
B Ordinary public service |
25/150 |
20/150 |
18/150 |
15/150 |
Annexed Tables Nos.4 to 8 inclusive shall be deleted.