Employees' Pension Insurance Act

If the wife who is the beneficiary ofWith regard to an employees' pension for surviving family (excluding one that is paid due to the relevant person fallinga spouse who was under Article 58, paragraph (1), item (iv), and is calculated based on an insured period of 240 months or less), 60 years of age at the time of acquiring the right to receive benefits from the employees' pension for surviving family and who was at least 40 but below 65 years of age at has no period of holding the right to receive benefits from a basic pension for surviving family under the time that she acquired National Pension Act based on the right to receive same grounds for payment as those benefits, or was living off the same financial resources for that employees' pension for surviving family (hereinafter simply referred to as an insured's or former insured's child falling under a "basic pension for surviving family" in this paragraph, the requirements provided for in items of Article 65, paragraph (1), Article 37-266, paragraph (1) 2), and Article 78-21-2), or who has a period of holding the National Pension Act (excluding a child who came right to receive benefits from a basic pension for surviving family and whose right to fall under items (ii) through (viii) of Article 39, paragraph (3) of that Act after receive benefits from that basic pension for surviving family was extinguished before the day on which the death spouse reached 60 years of the insured or former insured) at the time that she reached age (hereinafter referred to as an "employees' pension for surviving family for which the age of 40, is under 65 grounds for payment arose before reaching 60 years of age, the"), an amount arrived at when equal to one-quarter of the amount calculated pursuant to the provisions of Article 43, paragraph (1) based on the basic insured period of the insured or former insured who has died (where it is an employees' pension for surviving family provided for in Article 38 paid due to falling under any of that Act is multiplied by three-quarters (those amounts are rounded to the nearest hundred, with amounts less than 50 yen be rounded down, and amounts between 50 yen and 99 yen being rounded upitems (i) through (iii) of Article 58, paragraph (1) and the number of months in the insured period that is the basis for calculating its amount has been calculated as 300, this is treated as 300) is added to the amount of the employees' pension for surviving family underprovided for in Article 60, paragraph (1), item (i).

The revision of the amount of a pension as the result of the occurrence of grounds for instituting an addition under the preceding paragraph or for discontinuingsuspending the addition under that paragraph is effected from the month following the month in which the grounds occurred.

The amount of an employees' pension for surviving family paid to a spouse is, notwithstanding the provisions of Article 60, paragraph (1), if there is a child who was living off the same financial resources as the spouse at the time that the spouse acquired the right (limited to a child who falls under the requirements prescribed in Article 59, paragraph (1); the same applies in the following paragraph), the amount obtained by adding the additional amount of pension to the amount provided for in that paragraph; provided, however, that when the child falls under any of the following items, payment of the portion equivalent to the amount to be added for the child is suspended during the period in which the child falls under any of those items:

the child has no domicile in Japan (excluding where the child is a person specified by Order of the Ministry of Health, Labour and Welfare as a person who, such as a student studying abroad, has no domicile in Japan but is found to have the basis of livelihood in Japan in consideration of the purpose of travel abroad and other circumstances);

the child is one for whom an addition under the provisions of Article 44, paragraph (1) or another addition specified by Cabinet Order is being made (excluding where payment of the whole of the portion equivalent to the amount to be added for the child is suspended).

The additional amount of pension under the preceding paragraph is, for each child, the amount arrived at when 269,600 yen is multiplied by the revision rate (rounded to the nearest hundred, with amounts less than 50 yen being rounded down and amounts between 50 yen and 99 yen being rounded up).

When a child who was in utero at the time that the spouse acquired the right to receive benefits from the employees' pension for surviving family is born, for the purpose of applying the provisions of paragraph (1), that child is deemed to be a child who fell under the requirements prescribed in Article 59, paragraph (1) and was living off the same financial resources as the spouse at the time that the spouse acquired that right, and the amount of the employees' pension for surviving family is revised from the month following the month of the birth.

With regard to an employees' pension for surviving family paid to a spouse, when a child prescribed in paragraph (1) comes to fall under any of the following items, notwithstanding the provisions of that paragraph, the additional amount of pension referred to in that paragraph relating to that child is not added, and the amount of pension is revised from the month following the month that includes the day on which the child came to fall under that item:

the child has died;

the child has married;

the child is legally adopted by a person other than the spouse;

the child ceases to be a child of the deceased insured or former insured due to the dissolution of the adoptive relationship;

the child ceases to live off the same financial resources as the spouse;

the first March 31 has passed after the day on which the child reached the age of 18; provided, however, that this does not apply where the child has a disability falling under the disability grades;

for a child who has a disability classified as the Grade 1 or Grade 2 of the disability grades, those circumstances end; provided, however, that this does not apply where the child is within the period until the first March 31 after the day on which the child reaches the age of 18; or

the child has reached the age of 20.

Where there are two or more children who have acquired the right to receive benefits from an employees' pension for surviving family on the death of the insured or former insured, the amount of the employees' pension for surviving family paid to a child is, notwithstanding the provisions of Article 60, paragraph (1), item (i) and paragraph (2), the amount arrived at when the amount obtained by adding the additional amount of pension to the amount provided for in those provisions is divided by the number of those children; provided, however, that when the child has no domicile in Japan (excluding where the child is a person specified by Order of the Ministry of Health, Labour and Welfare as a person who, such as a student studying abroad, has no domicile in Japan but is found to have the basis of livelihood in Japan in consideration of the purpose of travel abroad and other circumstances), payment of the portion equivalent to the amount to be added for the child is suspended during that period.

The additional amount of pension under the preceding paragraph is, for each of the children prescribed in that paragraph excluding one of them, the amount arrived at when 269,600 yen is multiplied by the revision rate (rounded to the nearest hundred, with amounts less than 50 yen being rounded down and amounts between 50 yen and 99 yen being rounded up).

In the case referred to in paragraph (1), when the number of children who hold the right to receive benefits from an employees' pension for surviving family increases or decreases, the amount of the employees' pension for surviving family is revised from the month following the month that includes the day on which the increase or decrease occurred.

the beneficiary marries (or if, although the beneficiary has not registered a marriage, the beneficiary's circumstances come to be, de facto, the same as those of a person in a marital relationship);

the beneficiary is legally adopted by a person other than a lineal relative by blood or a lineal relative by affinity (this includes a person whose adoption has not been registered but whose circumstances come to be, de facto, the same as those of a person in an adoptive relationship);

The In addition to the case where a beneficiary falls under any of the items of the preceding paragraph, the right to receive benefits from an employees' pension for surviving family that is held by a child or grandchild for which the grounds for payment arose before reaching 60 years of age ceases to exist if the child or grandchild beneficiary (hereinafter referred to as a "specified beneficiary") comes to fall under oneany of the following items:

for a child or grandchild, oncethe suspension of payment of the first March 31 has passed after the day onwhole of the employees' pension for surviving family for which the person reached the age of 18; provided, however, that this does not apply to a child or grandchild whogrounds for payment arose before reaching 60 years of age under the provisions of Article 65, paragraph (3) has a disability classified as the Grade 1 or Grade 2 of the disability gradescontinued for two years;

for a child or grandchild who has a disability classified as the Grade 1 or Grade 2 ofspecified beneficiary acquires the disability grades, if those circumstances end; provided, however, that this does not applyright to a child or grandchild who is within the periodbenefits from birth until the first March 31 after the day on which the child or grandchild reaches the age of 18; oran employees' old-age pension;

once the child or grandchildspecified beneficiary reaches the age of 2065.

The right to receive benefits from an employees' pension for surviving family that is held by a parent, grandchild,child or grandparentgrandchild ceases to exist if athe child who was in utero at the timeor grandchild comes to fall under one of the insured or former insured's death is born.following items:

for a child or grandchild, once the first March 31 has passed after the day on which the person reached the age of 18; provided, however, that this does not apply to a child or grandchild who has a disability classified as the Grade 1 or Grade 2 of the disability grades;

for a child or grandchild who has a disability classified as the Grade 1 or Grade 2 of the disability grades, if those circumstances end; provided, however, that this does not apply to a child or grandchild who is within the period from birth until the first March 31 after the day on which the child or grandchild reaches the age of 18; or

once the child or grandchild reaches the age of 20.

The right to receive benefits from an employees' pension for surviving family that is held by a parent, grandchild, or grandparent ceases to exist if a child who was in utero at the time of the insured or former insured's death is born.

If the beneficiary of an employees' pension for surviving family (but only one with a beneficiary who has reached the age of 65; the same applies in the following paragraph) has the right to receive an employees' old-age pension, payment of the part of the employees' pension for surviving family that is equivalent to the amount of the beneficiary's employees' old-age pension is suspended.

Notwithstanding the provisions of the preceding paragraph, if the beneficiary of an employees' pension for surviving family makes the request under Article 44-4, paragraph (1) (including that request in a case where the request under Article 44-4, paragraph (1) is deemed to have been made pursuant to the provisions of Article 44-3, paragraph (5) as applied mutatis mutandis pursuant to Article 44-4, paragraph (2)), payment of that employees' pension for surviving family is suspended in full, as provided by Cabinet Order. The same applies to that employees' pension for surviving family for the months from the month following the month that includes the day on which the beneficiary acquired the right to receive benefits from that employees' pension for surviving family up to the month that includes the day on which the beneficiary made that request.