Chapter III-5 Special Provisions for a Person Who Has Spent Time as an Insured in Two or More Categories (Articles 78-22 to 78-29)
The law as Act Partially Amending the National Pension Act, etc., and Other Matters, to Strengthen the Functions of the Pension System in Light of Socioeconomic Changes (Act No. 74 of 2025) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
第三章の五 二以上の種別の被保険者であつた期間を有する者の特例Added
Article 78-22第七十八条の二十二
Special Provisions on Adjustment for Combined Benefits under Pension Insurance Benefits（年金たる保険給付の併給の調整の特例）
Article 78-22, paragraph (1)
In applying the provisions of Article 38 to a person who has spent time as an insured under two or more insured categories corresponding to a category I EPI insured period, category II EPI insured period, category III EPI insured period, or category IV EPI insured period (hereinafter each of these is referred to as a "category of EPI insured period") (hereinafter such a person is referred to as a "person who has spent time as an insured in two or more categories"); and who is eligible to receive pension insurance benefits based on the time that the person spent as an insured under a single insured category (referred to as the person's "time in one category" hereinafter) and is also eligible to receive pension insurance benefits due to the same grounds for payment based on the time that the person spent as an insured under another insured category that differs from the single insured category in question (hereinafter referred to as the person's "time in another category"); the phrase "other than an employees' pension for surviving family" in paragraph (1) of that Article is deemed to be the phrase "other than an employees' old-age pension paid based on the same grounds for payment as the employees' old-age pension in question or an employees' pension for surviving family" and the phrase " other than an employees' old-age pension" in that paragraph is deemed to be the phrase " other than an employees' old-age pension or an employees' pension for surviving family paid based on the same grounds for payment as the employees' pension for surviving family in question".
Special Provisions on Suspending Payments of Pension Insurance Benefits Upon Request（年金たる保険給付の申出による支給停止の特例）
Article 78-23, paragraph (1)
A beneficiary of the pension insurance benefits of a person who has spent time as an insured in two or more categories must file a request under the provisions of Article 38-2, paragraph (1) or withdrawing it as under the provisions of paragraph (3) of that Article regarding pension insurance benefits as prescribed in paragraph (1) of that Article that are based on the person's time in one category at the same time as filing such a request or withdrawing it regarding pension insurance benefits that are based on the person's time in another category and on the same grounds for payment as the grounds for payment of the pension insurance benefits that are based on the person's time in that one category.
Special Provisions on Adjustment of Pension Payments（年金の支払の調整の特例）
Article 78-24, paragraph (1)
When the provisions of Article 39, paragraph (1) and paragraph (2) are applied to a person who has spent time as an insured in two or more categories, the phrase "beneficiary of a first pension" in paragraph (1) of that Article is deemed to be the phrases "beneficiary of a first pension (hereinafter referred to in this Article as the 'first pension') based on the person's time in one category as provided for in Article 78-22 (hereinafter referred to in this Article as the person's 'time in one category'), among the categories of EPI insured period provided for in Article 78-22 (hereinafter each of these is referred to in this Article as a 'category of EPI insured period')"; the phrase "right to receive benefits under a second pension" in that paragraph is deemed to be the phrase "right to receive benefits under a second pension based on the relevant time in one category (hereinafter referred to in this paragraph as 'a second pension')"; the phrase "the payment of a pension" in paragraph (2) of that Article is deemed to be the phrase "the payment of a pension based on the time in one category among the categories of EPI insured period"; the phrase "If... a pension has been paid" in that paragraph is deemed to be the phrase "If... the relevant pension has been paid"; the phrase "partial payment of the pension" in that paragraph is deemed to be the phrase "partial payment of the pension based on the relevant time in one category"; the phrase "by reducing its amount" in that paragraph is deemed to be the phrase "by reducing the amount of the pension based on the time in one category, among the categories of EPI insured period"; the phrase "if... a pension has been paid" in that paragraph is deemed to be the phrase "if... a pension based on the relevant time in one category has been paid".
Special Provisions on Right to Demand Compensation for Loss or Damage（損害賠償請求権の特例）
Article 78-25, paragraph (1)
When the provisions of Article 40, paragraph (2) are applied to the insurance benefits of a person who has spent time as an insured in two or more categories, the phrase "the value of that compensation" in that paragraph is deemed to be the phrase "the value arrived at when the value of that compensation is allocated in proportion to the value of each insurance benefit".
Special Provisions on the Beneficiaries of Employees' Old-Age Pensions and Amounts of Pension Benefits（老齢厚生年金の受給権者及び年金額の特例）
Article 78-26, paragraph (1)
When the provisions of Article 42 are applied (including when these are cited in this Act and other laws and regulations, are applied mutatis mutandis to this Act and other laws and regulations, or govern this Act and other laws and regulations) to the employees' old-age pension of a person who has spent time as an insured in two or more categories, those provisions apply to each insured period that constitutes a category of EPI insured period.
When the provisions of Article 43 (including when these are cited in this Act and other laws and regulations, are applied mutatis mutandis to this Act and other laws and regulations, or govern this Act and other laws and regulations) are applied to the employees' old-age pension of a person who has spent time as an insured in two or more categories, the whole period during which the person was an insured as provided in paragraph (1) of that Article and the periods during which the person was an insured as provided for in paragraphs (2) and (3) of that Article are applied in each category of EPI insured period; the insured period as provided in paragraph (1) of that Article is applied in each insured period that constitutes a category of EPI insured period; and the person's status as an insured as provided in paragraphs (2) and (3) of that Article is applied in each insured category.
Special Provisions on Additional Amounts of Pension Associated with Employees' Old-Age Pensions（老齢厚生年金に係る加給年金額の特例）
Article 78-27, paragraph (1)
For a person who has spent time as an insured in two or more categories, the insured periods associated with the time that the person spent as an insured under two or more insured categories are added together, the person is deemed to have only the insured period associated with the time in one category, and the provisions of Article 44 (including when these are cited in this Act and other laws and regulations, are applied mutatis mutandis to this Act and other laws and regulations, or govern this Act and other laws and regulations) apply to the amount of employees' old-age pension associated with that person. In such a case, the amount of additional pension as provided for in paragraph (1) of that Article is, as specified by Cabinet Order, added to the amount of the employees' old-age pension calculated based on the insured period associated with the person's time in one category, among the categories of EPI insured period.
Special Provisions on Deferring Payment of Employees' Old-Age Pensions（老齢厚生年金の支給の繰下げの特例）
Article 78-28, paragraph (1)
The provisions of Article 44-3 apply to the employees' old-age pension of a person who has spent time as an insured in two or more categories. In such a case, the phrase "other pension insurance benefits" in the proviso to paragraph (1) of that Article is deemed to be replaced with "other pension insurance benefits (excluding an employees' old-age pension paid based on the same grounds for payment as the relevant employees' old-age pension)"; the phrase "Article 46, paragraph (1)" in paragraph (4) of that Article is deemed to be replaced with "Article 46, paragraph (1) as applied following a deemed replacement of terms pursuant to the provisions of Article 78-29"; and Cabinet Order provides for the necessary technical replacement of terms and other necessary particulars in connection with the application of the provisions of that Article.
When the provisions of Article 44-3, paragraph (1) are applied pursuant to the provisions of the preceding paragraph, the request under the provisions of that paragraph concerning an employees' old-age pension based on the person's time in one category must be made at the same time as that request concerning an employees' old-age pension based on the person's time in another category.
When the provisions of Article 44-3, paragraph (5) are applied pursuant to the provisions of paragraph (1), a claim for an employees' old-age pension based on time in one category, made without filing the request under paragraph (1) of that Article after the day that marks the passage of five years from the day on which the right to benefits from an employees' old-age pension based on that time in one category was acquired, must be made at the same time as a claim for an employees' old-age pension based on that time in another category, made without filing the request under that paragraph after the day that marks the passage of five years from the day on which the right to benefits from an employees' old-age pension based on time in another category was acquired.
The provisions of Article 44-4, paragraph (1) and of Article 44-3, paragraphs (2) through (5) as applied mutatis mutandis pursuant to Article 44-4, paragraph (2) apply to an employees' old-age pension for a person who has spent time as an insured in two or more categories. In this case, Cabinet Order provides for the necessary replacement of terms and other necessary particulars.
The provisions of paragraphs (2) and (3) of the preceding Article apply mutatis mutandis to a case in which the provisions of the preceding paragraph are applied to an employees' old-age pension for a person who has spent time as an insured in two or more categories.
Article 78-29, paragraph (1)（老齢厚生年金の支給停止の特例）(Special Provisions on Suspending Payment of Employees' Old-Age Pensions)Changed
When the provisions of Article 46 are applied to a person who has spent time as an insured in two or more categories, in paragraph (1) of that Article, the phrase "beneficiary of the employees' old-age pension" in paragraph (1) of that Article is deemed to be the phrase "beneficiary of the employees' old-age pension calculated based on the insured period associated with the person's time in one category as provided for in Article 78-22 (referred to in paragraph (6) as 'the person's time in one category') among each of the categories of EPI insured period as provided for in that Article (hereinafter each of these is referred to in this paragraph as a 'category of EPI insured period')"; the phrase "the amount of employees' old-age pension" is deemed to be the phrase "the amount arrived at when the amount of employees' old-age pension calculated based on the insured periods that constitute the categories of EPI insured periodsperiod is added up"; the phrase "excluding... the amount of additional pension provided for in Article 44, paragraph (1) and additional amounts provided for in Article 44-3, paragraph (4) (including as applied mutatis mutandis pursuant to Article 44-4, paragraph (2); the same applies hereinafter in this paragraph): the same applies hereinafter in this paragraph" is deemed to be the phrase "excluding... the amount of additional pension provided for in Article 44, paragraph (1) and the amount arrived at when the additional amounts provided for in Article 44-3, paragraph (4) (including as applied mutatis mutandis pursuant to Article 44-4, paragraph (2); the same applies hereinafter in this paragraph) calculated based on the insured periods that constitute the categories of EPI insured periodsperiod are added up"; the phrase "the that month's employees' old-age pension" is deemed to be the phrase "the employees' old-age pension for that month calculated based on the insured period associated with the person's time in one category"; the phrase "the amount equivalent to total monthly remuneration is added to the base monthly amount, the amount of the adjustment for the suspension of payment is subtracted from the sum, and the amount equivalent to one-half of the difference is multiplied by 12 (hereinafter referred to in this paragraph as the "standard amount for a payment suspension");" in that paragraph " is deemed to be the phrase "the amount equivalent to total monthly remuneration is added to the base monthly amount; the amount of the adjustment for the suspension of payment is subtracted from the sum;, the difference is multiplied by the number that is arrived at when the amount arrived at when, first, the amount of anthe employees' old-age pension calculated based on the insured period associated with the person's time in one category (excluding the amount of additional pension provided for in Article 44, paragraph (1) and additional amounts provided for in Article 44-3, paragraph (4); the same applies hereinafter in this paragraph) is divided by 12, and then the quotient is divided by the base monthly amount;, and the amount equivalent to one-half of the production thus calculated is multiplied by 12 (hereinafter referred to in this paragraph as the "standard amount for a payment suspension"):product"; the phrase "equal to or greater than the amount of the employees' old-age pension" is deemed to be the phrase "equal to or greater than the amount of the employees' old-age pension calculated based on the insured period associated with the person's time in one category"; the phrase "employees' old-age pension" (excluding the additional amount provided for in that Article 44-3, paragraph (4)) is suspended in its entirety" is deemed to be the phrase "the employees' old-age pension calculated based on the insured period associated with the person's time in one category"; and, (excluding the additional amount provided for in Article 44-3, paragraph (6) of that Article, the phrase "limited to one calculated based on 4)) is suspended in its entirety"; and, in Article 46, paragraph (6), the phrase "an insured period of 240 months or more" is deemed to be the phrase "limited to one calculated based on an insured period of 240 months or more (the number of months counted intoof that insured period is the number of months that constituteof the relevant person's insured period associated with the time in one category ifa case where the insured periods associated withpertaining to the time that the relevantperiods during which the person has spent aswas an insured underin two or more insured categories are added together and thatthe person is deemed to have had only thean insured period associated withpertaining to the time in one category)"; and in addition, Cabinet Order provides for the necessary technical replacement of terms and other necessary particulars in connection with the application of the provisions of that Article 46.