Law for Partial Amendments to the National Public Service Mutual Aid Association Law
法令番号: 法律第80号
公布年月日: 昭和27年4月9日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the National Public Service Mutual Aid Association Law.
Signed:HIROHITO, Seal of the Emperor
This ninth day of the fourth month of the twenty-seventh year of Shows (April 9, 1952)
Prime Minister YOSHIDA Shigeru
Law No.80
Law for Partial Amendments to the National Public Service Mutual Aid Association Law
The National Public Service Mutual Aid Association Law (Law No.69 of 1948) shall be partially amended as follows:
In the Contents,"
Chapter VII. Miscellaneous Provisions
"shall be amended as"
Chapter VII. Miscellaneous Provisions
Chapter VIII. Penal Provisions
".
In Article 2 paragraph 2 item (7), "the Forestry Bureau (including Forestry Station)" shall be amended as "Forestry Agency" .
In Article 7, next to "provide facilities" shall be added "free of charge" .
The following one Article shall be added next to Article 24-(2):
(Exception to the Recipient of Unpaid Benefit)
Article 24-(3). In cases where a member who has the right to receive the benefits other than Benefit for Bereaved Family prescribed in each item of Article 17, or one who had such status, dies, if there remains any benefit not received by him, though he is entitled thereto, the benefit shall be distributed to his bereaved family member, in line with the provisions of Article 21 to the preceding Article.
2 In cases where a member of the bereaved family of one who had the status of the member and who has the right to receive Benefit for Bereaved Family loses such right, if there remains the benefit not received by the bereaved family, though he was entitled thereto, the benefit shall be distributed to the bereaved family of the said member other than the bereaved family of the said one, in line with the provisions of Article 21 to the preceding Article.
Article 31 item (4) shall be amended as follows:
(4) In cases where the Association deems it difficult to take the advantage of Benefit for Medical Care or in cases where a member has taken medical care from licensed doctor, dentist, pharmacist, or other medical facility other than the medical facilities provided for in each of the preceding items in an emergency or other inevitable cases, if the Association deems it necessary to that fact, it may pay the expenses thereof to the said member, not exceeding the rates prescribed by the Minister of Welfare;provided, however, that the member shall not be reimbursed for the expense corresponding to the amount of the first medical care in accordance with the rates prescribed by the Minister of Finance.
In Article 33, "obtains any of the medical care specified in paragraph 1 item (1) to (4) inclusive of Article 30 from any Insurance Doctor or Insurance Pharmacist" shall be amended as "obtains any of the medical care specified in Article 30 paragraph 1 items (1) to (4) inclusive from any Insurance Doctor or Insurance Pharmacist and pays the expense thereof directly to the Insurance Doctor or Insurance Pharmacist in an emergency or other inevitable cases, if the Association deems it necessary to that fact" .
In Article 36 paragraph 1, "200 yen" shall be amended as "400 yen" .
In Article 37 paragraph 1, "4,000 yen" shall be amended as "6,000 yen" .
The following one paragraph shall be added next to Article 55:
6 In the cases under paragraph 3 or paragraph 4, or under Article 34 paragraph 2 which applies mutatis mutandis in the preceding paragraph, if the period for which Benefit for Medical Care or Medical Expenses is granted expires within the period for which Injury and Illness Allowance is granted, the period for payment of the said Illness and Injury Allowance shall, regardless of these provisions, be the period from the day on which the payment of the said Illness and Injury Allowance began to the day preceding the day when the period for payment of the said Benefit for Medical Care or Medical Expenses expires.
In Article 64-(2) paragraph 2, "and the subsidy designated for the administration of such benefits" shall be deleted.
The heading "(Deduction of Contribution, Etc. from Base Pay, Etc.)" Shall be added before Article 68-(2);and the following one paragraph shall be added to the same Article as paragraph 2:
2 When there is an amount of money other than contributions of the members to be paid to an Association, each agency shall deduct an amount corresponding to the said amount from the base pay and other compensations of the members at the time they are paid, and pay it to the Association to which the members belong in lieu of them.
In Article 69 paragraph 1, "shall deliver the said subsidy to the Association each month:" shall be amended as "shall deliver the said subsid to the Association each month;provided, however, that in cases where the said Association entrusts the Federation with the business relating to the payment of Separation Benefit, Disability Benefit and Benefit for Bereaved Family, the National Treasury may deliver directly to the Federation such portion of the expenses prescribed in item (3) as are needed for the business relating to Separation Benefit, Disability Benefit and Benefit for Bereaved Family" .
The following two Articles shall be added next to Article 83-(2):
(Exception for Members Serving in the Diplomatic and Consular Offices Abroad)
Article 83-(3). With respect to the application of this Law to members serving in the Diplomatic and Consular Offices Abroad, exception may be established by Cabinet Order.
2 The Cabinet Order under the preceding paragraph shall be in accordance with the purpose of this Law.
(Exception to Temporary Retired Persons)
Article 83-(4). Persons who receive entirely or partly the base pay in accordance with the provisions of Article 23 of the Law concerning Compensation of Employees in the Regular Government Service (Law No.95 of 1950)(including persons similar thereto) and who are designated by the Minister of Finance shall be regarded as the member, regardless of the provision of Article 1 item (1).
In Chapter VII, the following one Article shall be added next to Article 84:
(Collection of Report, Etc, and Spot Audit)
Article 84-(2). In cases where the Minister of Finance deemes it necessary for properly administering the bearing and payment of the expenses under the provisions of each of the items of Article 31 in respect to health benefits may be, he may demand the medical facilities which gave the medical cares as provided for in each of the items of Article 30 paragraph 1 for the said health benefits to submit report or material to him, or let the employees concerned step in the hospital, clinic, delivery hospital or operating center of the medical facilities concerned, and audit the medical care book and other books and records pertaining to its business.
2 In cases where the employees concerned intend to make the spot auditing in accordance with the provision of the preceding paragraph, they shall carry the identification card with them and show it to the interested persons.
3 The authority to make the spot auditing under paragraph 1 shall not be construed as entrusted for purposes of criminal search.
In the main provisions, the following one Chapter shall be added next to Chapter VIII:
CHAPTER VIII Penal Provisions
(Penal Provisions)
Article 84-(3). A person who, in violation of the provision of paragraph 1 of the preceding Article, makes no report or a false one, or refuses, disturbs or evades the entrance or auditing of the employees concerned, shall be punished with imprisonment not exceeding six months or a fine not exceeding 10,000yen.
Article 84-(4). In cases where a representative of a juridical person, or an attorney, employee or other worker of a juridical person or of an individual commits in violation of the provisions of the preceding Article in connection with the business of the said juridical person or the said individual, not only the one who committed but the said juridical person or the said individual also shall be punished with the fine under the same Article;provided, however, that the same shall not apply to the said juridical person or the said individual, if it is certified that an appropriate care and supervision has been duly exercised over the business to prevent the violation of the attorney, employee or other worker of the juridical person or of the individual.
Supplementary Provisions:
1 This Law shall come into force as from the day of its promulgation;and the amended provision of Article 2 paragraph 2 item (7) shall apply as from April 1, 1952;the amended provisions of Article 31 item (4) and Article 33 shall apply to the payment of the expenses spent for all medical care after the day of the enforcement of this Law;the amended provision of Article 56 paragraph 1 shall apply to Nursing Allowance for the month of April, 1952 and thereafter;the amended provision of Article 37 paragraph 1 shall apply to Funeral Rite Benefit affecting the person dead after April 1 of the same year;and the amended provision prescribed in Article 83-(4) shall apply as from November 30, 1951.
2 In respect to the person who receives Injury and Illness Allowance at the time of the enforcement of this Law in accordance with the provisions of the National Public Service Mutual Aid Association Law before amendments by this Law and whose period for the payment of Benefit for Medical Care or Medical Expenses expired prior to the enforcement of this Law, the period for payment of the said Injury and Illness Allowance shall be the period from the day on which the payment of the said Allowance began to the day preceding the day of the enforcement of this Law, regardless of the provision of Article 55 paragraph 6 of the National Public Service Mutual Aid Association Law after amendment by this Law.
Prime Minister YOSHIDA Shigeru
Attorney-General KIMURA Tokutaro
Minister for Foreign Affairs YOSHIDA Shigeru
Minister of Finance IKEDA Hayato
Minister of Education AMANO Teiyu
Minister of Welfare YOSHITAKE Fichi
Minister of Agriculture and Forestry HIROKAWA Kozen
Minister of International Trade and Industry TAKAHASHI Ryutaro
Minister of Transportation MURAKAMI Giichi
Minister of Postal Services SATO Eisaku
Minister of Telecommunications SATO Eisaku
Minister of Labor YOSHITAKE Eichi
Minister of Construction NODA Uichi
President of Economic Stabilization Board YOSHIDA Shigeru