I hereby promulgate the Law for Partial Amendments to the Law concerning the Temporary Measures for Separation Allowance for National Public Service Personnel and Others.
Signed:HIROHITO, Seal of the Emperor
This sixth day of the twelfth month of the twenty-sixth year of Showa (December 6, 1951)
Prime Minister YOSHIDA Shigeru
Law for Partial Amendments to the Law concerning the Temporary Measures for Separation Allowance for National Public Service Personnel and Others
The Law concerning the Temporary Measures for Separation Allowances for National Public Service Personnel and Others (Law No.142 of 1950) shall be partially amended as follows:
In Article 1 paragraph 1, "for the fiscal years 1950-51 and 1951-52" shall be amended as "for national public service personnel and others" ;in the main provision of paragraph 2 of the same Article, "1952" shall be amended as "1953" ;in the proviso to the same paragraph, "in the fiscal years 1950-51 and 1951-52" shall be amended as "prior to the fiscal year 1952-53" ;and in paragraph 3 of the same Article, "the fiscal year 1952-53" shall be amended as "the fiscal year 1953-54" .
In Article 2, "which have been passed as the budget for the fiscal years 1950-51 and 1951-52" shall be deleted.
In paragraph 5 of the Supplementary Provisions, "paragraphs 6 and 7" shall be amended as "paragraphs 6 and 7 of the Supplementary Provisions" ;in item (1) of the same paragraph, next to "personnel to be separated" shall be added "(excluding those falling under paragraph 9 item (4) of the Supplementary Provisions)" ;and in item (2) of the same paragraph, next to "personnel to be separated" shall be added "(excluding those falling under paragraph 9 item (2) or (4) of the Supplementary Provisions)" .
In paragraph 7 of the Supplementary Provisions, "paragraph 5" shall be amended as "paragraph 5 of the Supplementary Provisions" .
In paragraph 8 of the Supplementary Provisions, "paragraph 3" shall be amended as "paragraph 3 of the Supplementary Provisions" .
Paragraph 9 of the Supplementary Provisions shall be amended as follows:
9 The amount of separation allowance in general for persons falling under any of the following items and designated by Cabinet meeting shall be as provided for in paragraph 10 of the Supplementary Provisions, regardless of the provisions of Articles 4 and 5:
(1) Persons who retire in consequence of the revision or abolition of the fixed number of personnel or the fixed number of personnel of internal divisions affected by the enforcement of the Law for Partial Amendments to the Law for the Fixed Number of Personnel in the Administrative Organs (Law No.297 of 1951) and who will have retired during the period from October 5, 1951 to June 30, 1952;
(2) Personnel of the organs prescribed in Article 1 of the Diet Secretariat Personnel Law (Law No.85 of 1947) and personnel of the courts, the Board of Audit, the National Personnel Authority, the Kodan established by law or order, the Japan Monopoly Corporation, the Japanese National Railways, the Civilian Merchant Marine Committee and the Closed Institutions Liquidation Commission who retire in consequence of the taking place of the causes similar to the revision or abolition of the fixed number of personnel or the fixed number of personnel of internal divisions as prescribed in the preceding item and who will have retired during the period from October 5, 1951 to June 30, 1952;
(3) Personnel of the National Rural Police prescribed in Article 2 paragraph 6 of the Law for the Fixed Number of Personnel in the Administrative Organs (Law No.126 of 1949) or personnel of the prefectural governments prescribed in Article 8 of the Supplementary Provisions of the Local Autonomy Law (including Koin and Yonin) who will have retired during the period from October 5, 1951 to June 30, 1952 in consequence of the revision or abolition of the fixed number of personnel established by Cabinet Order under these Laws as requested by amendments to the said Cabinet Order during the period from January 1, 1952 to March 31 of the same year;
(4) Other than those falling under any of the preceding items, personnel who will have retired during the period from October 5, 1951 to March 31, 1952 due to the necessity of executing the budget for the fiscal year 1951-52.
10 The amount of separation allowance in general for the persons prescribed in the preceding paragraph shall be the amount obtained by multiplying, by the rate given in the following items according to the classification mentioned therein, the amount that is computed in accordance with the provisions of paragraphs 6 and 7 of the Supplementary Provisions by reading the words "the preceding paragraph" mentioned in paragraph 6 of the Supplementary Provisions as "paragraph 9 of the Supplementary Provisions" and the words "Paragraph 5 of the Supplementary Provisions" , mentioned in paragraph 7 of the Supplementary Provisions as "paragraph 9 of the Supplementary Provisions" :
(1) Persons retiring during the period from October 5, 1951 to March 31, 1952......... 18%;
(2) Persons retiring during the period from April 1, 1952 to June 30 of the same year..................................................................... 140%:
11 As for the persons who fall under any of paragraph 9 items (1) to (3) inclusive of the Supplementary Provisions and who are such persons as, in cases where the organization they have belonged to or the business they have been engaged in discontinues not later than March 31, 1952, to retire on or after April 1, the same year on account of performing the remaining business or for other special reasons, or who are such persons as falling under similar cases (limited only to persons retiring later than April 1, the same year due to the cause mentioned in any of paragraph 9 items (1) to (5) inclusive of the Supplementary Provisions), and who are designated by the Cabinet at its meeting, the amount of separation allowance in general for them shall be the amount computed in accordance with the provision of the preceding paragraph by regarding them as having retired on March 31, the same year, plus the amount obtained by deducting the amount of separation allowance in general computed in accordance with the provisions of Article 3 by regarding them as having retired on March 31, the same year, from the amount of separation allowance in general computed in accordance with the provisions of the same Article at the time of their retirement, regardless of the provisions of Article 4, Article 5 and paragraph 9 of the Supplementary Provisions.
Supplementary Provisions:
1 This Law shall come into force as from the day of its promulgation.
2 The separation allowance in general paid prior to the enforcement of this Law in accordance with the provisions of the Law concerning the Temporary Measures for Separation Allowance for National Public Service Personnel and Others as prior to amendments (hereinafter referred to as "the Law before amendments" ) to the personnel enjoying the application of the provision of paragraph 9 of the Supplementary Provisions of the Law concerning the Temporary Measures for Separation Allowances for National Public Service Personnel and Others after amendments (hereinafter referred to as "the Law after amendments" ) or the provision of paragraph 3 of the Supplementary Provisions shall be regarded as part payments of the separation allowance in general under the provisions of paragraph 9 of the Supplementary Provisions of the Law after amendments or under the provision of paragraph 3 of the Supplementary Provisions.
3 The amount of separation allowance in general for such personnel of the Prime Minister's Office as have retired before October 5, 1951 due to the discontinuance of business and as are designated by Cabinet meeting, other than those enumerated in paragraph 5 item (1) of the Supplementary Provisions of the Law before amendments, shall be the amount computed in accordance with the provisions of paragraphs 6 and 7 of the Supplementary Provisions of the Law before amendments by regarding them as the personnel who fall under paragraph 5 item (1) of the Supplementary Provisions of the said Law and who are designated by Cabinet meeting as provided for in the said paragraph, regardless of the provisions of Articles 4 and 5 of the said Law.
4 The separation allowance in general under the provisions of paragraph 9 of the Supplementary Provisions of the Law after amendments which is paid to the personnel who retired prior to December 31, 1951 and which is paid on or after January 1, 1952 shall be regarded as the retirement income received from the payment belonging to the period from January 1 to March 31 of the same year, as to the application of the Income Tax Law (Law No.27 of 1947) and the Law concerning Temporary Exceptions to the Income Tax Law (Law No.273 of 1951).
Prime Minister YOSHIDA Shigeru
Attorney-General OHASHI Takeo
Minister for Foreign Affairs YOSHIDA Shigeru
Minister of Finance IKEDA Hayato
Minister of Education AMANO Teiyu
Minister of Welfare HASHIMOTO Ryogo
Minister of Agriculture and Forestry NEMOTO Ryutaro
Minister of International Trade and Industry TAKAHASHI Ryutaro
Minister of Transportation YAMAZAKI Takeshi
Minister of Postal Services SATO Eisaku
Minister of Telecommunications SATO Eisaku
Minister of Labor HORI Shigeru
Minister of Construction NODA Uichi
President of Economic Stabilization Board YOSHIDA Shigeru