Article 3-13Replacement of Terms, Etc. in the Application of Special Provisions on the Additional Amount of Pension for the Employees' Old-Age Pension of a Person Who Has Spent Time as an Insured Person in Two or More Categories

①Where the provisions of Article 44 of the Act (including where it is cited, applied mutatis mutandis, or followed in the Act, this Cabinet Order, or other laws and regulations; the same applies hereinafter in this Article) are applied to the calculation of the amount of the employees' old-age pension of a person who has spent time as an insured person relating to two or more insured categories among the categories of EPI insured period prescribed in Article 78-22 of the Act (hereinafter referred to as the "categories of EPI insured period") (hereinafter referred to as a "person who has spent time as an insured person in two or more categories"), the phrase "employees' old-age pension (limited to one calculated based on an insured period of 240 months or more)" in Article 44, paragraph (1) of the Act is deemed to be replaced with "employees' old-age pension based on the time in one category prescribed in Article 78-22 among the categories of EPI insured period prescribed in that Article (limited to one for which the number of months arrived at when the number of months in the insured period that forms the basis for calculating the amount of the employees' old-age pension based on that time in one category and the number of months in the insured period that forms the basis for calculating the amount of the employees' old-age pension based on the time in another category prescribed in that Article (hereinafter referred to in this paragraph as the "time in another category") are added together is 240 or more)", the phrase "the insured period constituting the basis for the calculation of the amount of the employees' old-age pension" is deemed to be replaced with "the number of months", and the phrase "pursuant to the provisions of Article 43, paragraph (2) or (3)" is deemed to be replaced with "pursuant to the provisions of Article 43, paragraph (2) or (3), or by acquiring the right to receive benefits from an employees' old-age pension based on the time in another category".

②Where the additional amount of pension prescribed in Article 44, paragraph (1) of the Act (hereinafter in this Article referred to as the "additional amount of pension") is added, pursuant to Article 44, paragraph (1) of the Act as replaced pursuant to the preceding paragraph, to the employees' old-age pension of a person who has spent time as an insured person in two or more categories, the additional amount of pension is to be added to the employees' old-age pension for which the right to receive benefits was acquired on the earliest day among the employees' old-age pensions based on the time in one category prescribed in Article 78-22 of the Act (hereinafter referred to as the "time in one category") among the categories of EPI insured period (for the employees' old-age pension to be paid when a person who was the beneficiary of an employees' old-age pension under Article 8 of the Supplementary Provisions of the Act (limited to one to which the additional amount of pension had been added on the day before the day on which the person reaches 65 years of age) reaches 65 years of age, the employees' old-age pension for which the basis for calculation is the insured period relating to the insured category relating to the insured period that forms the basis for calculating the amount of the employees' old-age pension under that Article); in such a case, where there are two or more employees' old-age pensions for which the right to receive benefits was acquired on that earliest day, the additional amount of pension is to be added to the employees' old-age pension based on the longest time in one category among the categories of EPI insured period (where there are two or more such times in one category, in the order set out in the following items).

③Where, with regard to the employees' old-age pension based on the time in one category to which the additional amount of pension is to be added pursuant to the preceding paragraph, payment of the portion equivalent to that additional amount of pension is suspended under the provisions of the Act or other laws and regulations (excluding Article 46, paragraph (6) of the Act; the same applies hereinafter in this paragraph and the following paragraph) (including the case where, in a case falling under Article 46, paragraph (6) of the Act, payment of the portion equivalent to that additional amount of pension continues to be suspended under the provisions of the Act or other laws and regulations when the person ceases to fall under that paragraph; the same applies in the following paragraph), then notwithstanding the preceding paragraph, the additional amount of pension is to be added, in place of the employees' old-age pension based on that time in one category and in the same way as under the latter sentence of the preceding paragraph, to an employees' old-age pension based on another time in one category (excluding one for which payment is suspended in its entirety); provided, however, that this does not apply where payment of all of the employees' old-age pensions based on another time in one category is suspended in its entirety.

④The provisions of the preceding paragraph apply mutatis mutandis to the case where, with regard to the employees' old-age pension based on the time in one category to which the additional amount of pension is to be added pursuant to the preceding paragraph, payment of the portion equivalent to that additional amount of pension is suspended under the provisions of the Act or other laws and regulations.

⑥In applying Article 3-5, paragraph (1) as replaced pursuant to the preceding paragraph where the provisions of Article 44, paragraph (1) of the Act as replaced pursuant to paragraph (1) are applied to the calculation of the amount of the employees' old-age pension based on the time in one category of a person who has spent time as an insured person in two or more categories, and the provisions of Article 44, paragraph (1) of the Act (including where applied as replaced pursuant to paragraph (1)) have already been applied to the calculation of the amount of the employees' old-age pension based on another time in one category of that person, the phrase "with regard to that employees' old-age pension" in Article 3-5, paragraph (1) is deemed to be replaced with "with regard to the employees' old-age pension, among the employees' old-age pensions based on another time in one category that the beneficiary of the employees' old-age pension has been receiving, for which the provisions of Article 44, paragraph (1) of the Act (including where applied as replaced pursuant to Article 3-13, paragraph (1)) were first applied to the calculation of its amount", and the phrase "at the time specified in that item" is deemed to be replaced with "continuously from the time specified in that item".

⑦Where the provisions of Article 44, paragraph (1) of the Act as replaced pursuant to paragraph (1) are applied to the calculation of the amount of the employees' old-age pension based on the time in one category of a person who has spent time as an insured person in two or more categories, and any of the employees' old-age pensions based on a time in another category prescribed in Article 44, paragraph (1) of the Act as so replaced is an employees' old-age pension listed in the following items, the number of months in the insured period that forms the basis for calculating the amount of the employees' old-age pension listed in each of those items is to be excluded, until the day before the day specified in that item, from the number of months in the insured period that forms the basis for calculating the amount of the employees' old-age pension based on a time in another category prescribed in Article 44, paragraph (1) of the Act as so replaced.