Employees' Pension Insurance Act

Payment of an employees' disability pension is suspended for a period of six years if the beneficiary acquires the right to receive disability compensation pursuant to the provisions of Article 77 of the Labor Standards Act (Act No. 49 of 1947) with regard to the relevant injury or illness.

If a beneficiary has ceased to have a disability of a degree of severity that is classified as any disability grade, payment of an employees' disability pension is suspended during the period of time in which the beneficiary does not have that disability; provided, however, that this does not apply if the beneficiary of an employees' disability pension has contracted an illness or suffered an injury and was an insured on the day of initial examination for that injury or illness, the beneficiary has other disabilities caused by that injury or illness, and, during the period after the day of disability assessment for the relevant injury or illness up to the day before the date on which the beneficiary reaches the age of 65, the degree of severity of the disabilities stemming from a combination of the disability constituting the grounds for payment of the relevant employees' disability pension and the other disability (or, if there are two or more other disabilities, the disability combined with all other disabilities) is classified as Grade 1 or Grade 2 of the disability grades.

If a person who has contracted an illness or suffered an injury and who was an insured on the day of initial examination for the injury or illness has a disability of the degree of severity prescribed by Cabinet Order as a result of that injury or illness as of the day on which the injury or illness has healed, within the period from the relevant day of initial examination until the day that marks the passage of five years' time since that day, a disability allowance is paid to that person.

The provisions of the proviso of Article 47, paragraph (1) apply mutatis mutandis to a case under the preceding paragraph.

Notwithstanding the provisions of the preceding Article, a disability allowance is not paid to a person who falls under any of the following items on the day on which the degree of severity of the person's disability is determined pursuant to the provisions of that Article:

a beneficiary of pension insurance benefits (excluding the beneficiary of an employees' disability pension who has gone three years, counting from the last day on which the beneficiary ceased to have a disability of a degree of severity that is classified as any disability grade (having that disability is hereinafter referred to in this Article as "having a disability "), without being classified as having a disability (but only a beneficiary who does not have a disability at the time in question));

a beneficiary of pension benefits under the National Pension Act (excluding the beneficiary of a basic disability pension who has gone three years, counting from the last day on which the beneficiary ceased have a disability, without being classified as having a disability (but only a beneficiary who does not have a disability at the time in question), and other persons specified by Cabinet Order); or

persons who have the right to receive, for the relevant injury or illness, disability compensation pursuant to the provisions of the National Public Officers' Accident Compensation Act (Act No. 191 of 1951; including as applied mutatis mutandis pursuant to other Acts) or the Local Public Officers Accident Compensation Act (Act No. 121 of 1967) or the Prefectural or Municipal Ordinances under that Act, the Act on Occupational Accident Compensation for Public School Physicians, Dentists, and Pharmacists (Act No. 143 of 1957) or Article 77 of the Labor Standards Act, disability compensation benefits, disability benefits for multiple-job workers, or disability benefits pursuant to the provisions of the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947), or benefits to be paid due to a disability pursuant to the provisions of the Mariners Insurance Act.

The amount of a disability allowance is an amount equal to 200/100 of the amount calculated pursuant to the provisions of Article 50, paragraph (1); provided, however, that if this amount is less than the amount arrived at when the number 2 is multiplied by the amount specified in paragraph (3) of that Article, the amount thus arrived at is paid.

If the insured or former insured falls under any one of the following items, an employees' pension for surviving family is paid to the surviving family of the insured or former insured; provided, however, that this does not apply, in a case that falls under item (i) or (ii) if, as of the day before the day of death, the deceased person had had an insured period under National Pension that lasted up until the month two months before the month that includes the day of death, and further, the total sum of the premium-paid period and the premium-exemption period does not comprise at least two-thirds of the relevant insured period:

the insured (including a former insured who was subject to an adjudication of disappearance and who was insured at the time that the whereabouts of the person became unknown) has died;

a former insured has, after forfeiting status as an insured, died of an injury or illness for which the day of initial examination was within the period during which the person was an insured, prior to the day on which five years have elapsed counting from the relevant day of initial examination;

the beneficiary of an employees' disability pension who had a disability classified as the Grade 1 or Grade 2 of the disability grades has died; or

a person whose total sum of the premium-paid period and the premium-exemption period is twenty-five years or more has died.

In a case as referred to in the preceding paragraph, if an insured or former insured who has died falls under any one of items (i) through (iii) of that paragraph, and also falls under item (iv) of that paragraph, the person is deemed to fall only under any one of the items (i) through (iii), and not to fall under item (iv) of that paragraph, unless otherwise specifically requested by the surviving family member of that person if that surviving family member claims the employees' pension for surviving family.

if the person is the child or grandchild of the insured or former insured, the requirement of either being within the period from birth until the first March 31 after the day on which the person reaches the age of 18, or of being under the age of 20 and having a disability classified as Grade 1 or Grade 2 of the disability grades; and also, the requirement of not being married at the time in question, in either case.

To apply the provisions related to the payment of employees' pension for surviving family to a case in which it is not known for a period of three months whether an insured or former insured who was on board a ship at the time it sank, capsized, was destroyed, or went missing is alive or dead; to a case in which it is not known for a period of three months whether an insured or former insured who was on board a ship and went missing while the ship was sailing is alive or dead; or to a case in which it becomes clear within three months that such a person has died but the time of death is unknown; that person is presumed to have died on the day on which the ship sank, capsized, was destroyed, or went missing or on the day on which a person went missing. The same applies if it is not known for a period of three months whether an insured or former insured who was on board an airplane at the time the airplane crashed, was destroyed, or went missing is alive or dead; if it is not known for a period of three months whether an insured or former insured who was on board an airplane and went missing while the airplane was flying is alive or dead; or if it becomes clear within three months that such a person has died but the time of death is unknown.

The amount of an employees' pension for surviving family is the amount provided for in each of the following items in accordance with the classification prescribed in the relevant item; provided, however, that this means the amount prescribed in item (i), if a beneficiary of an employees' pension for surviving family receives a basic pension for surviving family under the National Pension Act based on the same grounds as those for the relevant employees' pension for surviving family:

if, among surviving family members provided for in Article 59, paragraph (1), the spouse who has the right to receive any of the pension benefits from the employees' old-age pension has acquired the right to receive benefits from the employees' pension for surviving family: the amount prescribed in the preceding item or the sum total of the amounts under the following (a) and (b), whichever is higher:

the amount arrived at when the amount prescribed in the preceding item is multiplied by two-thirds;

Notwithstanding the provisions of item (i) of the preceding paragraph, if the employees' pension for surviving family is paid to a person other than the spouse and there are two or more beneficiaries, the amount of the employees' pension for surviving family is the amount arrived at when the amount that was computed pursuant to the provisions of that item for each of the beneficiaries is divided by the number of beneficiaries.

Beyond as specified in the preceding two paragraphs, Cabinet Order provides for the necessary particulars of the calculation of the amount of an employees' pension for surviving family.