Employees' Pension Insurance Act

In addition to what is prescribed in Chapter III, the provision of pension insurance benefits to a dependent spouse is as prescribed in this Chapter, based on the fundamental recognition that the insurance premiums borne by an insured who has a dependent spouse are insurance premiums that the dependent spouse has borne jointly with the insured.

If an insured (including a former insured; hereinafter referred to as a "specific insured") had a dependent spouse (meaning a person who fell under Article 7, paragraph (1), item (iii) of the National Pension Act as the spouse of the specific insured; the same applies hereinafter) during the time that the person was an insured, but the specific insured and the dependent spouse thereof have divorced or annulled their marriage or have come to fall under any other circumstances specified by Order of the Ministry of Health, Labour and Welfare as equivalent thereto, the dependent spouse may file a request with the implementing organization for the standardized remuneration to be revised or decided (meaning the standardized remuneration of the specific insured and the dependent spouse thereof; the same applies hereinafter in this Chapter) for the insured period (excluding an insured period for which the standardized remuneration was already revised or decided pursuant to the provisions of the following paragraph and paragraph (3); the same applies hereinafter in this Article) that fell under the specific period (meaning the period during which the specific insured was an insured and the dependent spouse thereof was a class III insured who is as specified in Article 7, paragraph (1), item (iii) of the National Pension Act as a spouse of that specific insured; the same applies hereinafter); provided, however, that this does not apply if, as of the day of the request, the relevant specific insured is the beneficiary of an employees' disability pension (limited to one in an amount that is calculated based in whole or in part on the relevant specific period; the same applies to Article 78-20), or in other cases specified by Order of the Ministry of Health, Labour and Welfare.

If the request referred to in the preceding paragraph has been filed, the implementing organization may revise or decide the standard monthly remuneration of the relevant specific insured and the relevant dependent spouse to be the amount arrived at when the specific insured's standard monthly remuneration is multiplied by 50%, for each month of the insured period that falls during the specific period (or the amount arrived at when the previous standardized monthly amount of remuneration specified in Article 26, paragraph (1) is multiplied by 50%, for each month in which the previous standardized monthly amount of remuneration is deemed to be the standard monthly remuneration pursuant to the provisions of that paragraph).

If the request under paragraph (1) has been filed, the implementing organization may revise or decide the standard bonus amount of the specific insured and the dependent spouse to be the amount arrived at when the specific insured standard bonus amount is multiplied by 50%, for each month of the insured period that falls during the specific period for which the specific insured in question had a standard bonus amount.

In a case as referred to in the preceding two paragraphs, an insured period that falls during the specific period is deemed to be an insured period for the dependent spouse.

The standardized remuneration as revised or decided pursuant to the provisions of paragraph (2) and paragraph (3) is effective only prospectively, starting from the day on which the request under paragraph (1) was filed.

The implementing organization must record, in the EPI register, the name of persons who have a period that is deemed to be an insured period pursuant to the provisions of paragraph (4) of the preceding Article (hereinafter referred to as the "deemed insured period of a dependent spouse"), the deemed insured period of the dependent spouse, the standardized remuneration connected with the deemed insured period of the dependent spouse, and any other particulars specified by order of the competent ministry.

If the implementing organization has revised or decided the standardized remuneration pursuant to the provisions of Article 78-14, paragraph (2) and paragraph (3), the Organization must notify the specific insured and the dependent spouse to that effect.

Beyond as provided in the preceding three Articles, order of the competent ministry provides for the necessary particulars in connection with the procedures for the request under the provisions of Article 78-14, paragraph (1) and for the standardized remuneration to be revised or decided pursuant to the provisions of paragraph (2) and paragraph (3) of that Article.

Notwithstanding the provisions of Article 43, paragraph (1), if the standardized remuneration of the beneficiary of an employees' old-age pension has been revised or decided pursuant to the provisions of Article 78-14, paragraph (2) and paragraph (3), the standardized remuneration after its revision or after it has been decided is the basis for calculating the employees' old-age pension, and the pension amount is revised from the month following the month that includes the day on which the request under Article 78-14, paragraph (1) was filed.

The provisions of Article 78-10, paragraph (2) apply mutatis mutandis to a case in which the standardized remuneration for a dependent spouse who is the beneficiary of an employees' disability pension has been decided pursuant to the provisions of Article 78-14, paragraph (2) and paragraph (3). Cabinet Order provides for the necessary technical replacement of terms in such a case.

If a specific insured and the dependent spouse thereof have gone through a divorce or similar circumstances (meaning the divorce or similar circumstances provided for in Article 78-2, paragraph (1)), and a request for a revision or decision under the provisions of Article 78-2, paragraph (1) has been filed that has, as the subject period, the whole or a part of a specific period for which the standardized remuneration has not been revised or decided pursuant to the provisions of Article 78-14, paragraph (2) and paragraph (3), the request under Article 78-14, paragraph (1) is deemed to have been filed at the time that the request for a revision or decision under the provisions of Article 78-2, paragraph (1) was filed; provided, however, that this does not apply if the specific insured is the beneficiary of an employees' disability pension as of the day of the relevant request.

In a case as referred to in the preceding paragraph, the standardized remuneration for the insured period that falls under the specific period, that constitutes the aggregate amount of standardized remuneration for the subject period referred to in Article 78-3, paragraph (1) (or, for the standard monthly remuneration for a month for which the previous standardized monthly amount of remuneration specified in that paragraph is deemed to be the standard monthly remuneration pursuant to the provisions of Article 26, paragraph (1), the previous standardized monthly amount of remuneration) and the standardized remuneration for the insured period that falls under the specific period referred to in Article 78-6, paragraph (1) and paragraph (2) (or, for the standard monthly remuneration of a month for which the previous standardized monthly amount of remuneration specified in that paragraph is deemed to be the standard monthly remuneration pursuant to the provisions of Article 26, paragraph (1), the previous standardized monthly amount of remuneration) is the standardized remuneration after the revision or decision under the provisions of Article 78-14, paragraph (2) and paragraph (3).

If a request under Article 78-4, paragraph (1) has been filed that has, as the subject period, the whole or a part of the specific period for which the standardized remuneration has not been not revised or decided pursuant to the provisions of Article 78-14, paragraph (2) and paragraph (3), and the specific insured has no right to receive benefits from the employees' disability pension as of the day on which the request under that paragraph was filed, the information provided for in paragraph (2) of that Article is that which is calculated when the standardized remuneration for the insured period in the specific period that fell under the subject period is deemed to have been revised or decided pursuant to the provisions of Article 78-14, paragraph (2) and paragraph (3).

The provisions of the preceding paragraph apply mutatis mutandis if a request under Article 78-5 has been filed.

To apply the provisions of Article 78-3, paragraph (1) and Article 78-6, paragraph (1) to a case in which the standard monthly remuneration is revised pursuant to the provisions of Article 78-14, paragraph (2) for a month in which the previous standardized monthly amount of remuneration specified in Article 26, paragraph (1) has been deemed to be the standard monthly remuneration pursuant to the provisions of that paragraph, the phrase "the standard monthly remuneration and the standardized amounts of bonuses for each month of the insured period falling under the subject period ( the previous standardized monthly amount of remuneration specified in Article 26, paragraph (1) is substituted for that standard monthly remuneration, for each month in which the previous standardized monthly amount of remuneration is deemed to be the standard monthly remuneration for the relevant month pursuant to the provisions of that paragraph" in Article 78-3, paragraph (1) is deemed to be replaced with " the standard monthly remuneration and the standardized amounts of bonuses for each month of the insured period falling under the subject period" and the phrase "the standard monthly remuneration (for months in which, pursuant to the provisions of Article 26, paragraph (1), the previous standardized monthly amount of remuneration specified in that paragraph is deemed to be the standard monthly remuneration, the previous standardized monthly amount of remuneration; the same applies in the following item)" in Article 78-6, paragraph (1), item (i) is deemed to be replaced with "the standard monthly remuneration".

Beyond as provided for in this Chapter, Cabinet Order provides for the necessary particulars in connection with the special provisions on the period during which a person is a dependent spouse.