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Article 39Adjustment of Pension Payments

第三十九条(年金の支払の調整)

If the right of the beneficiary of a first pension to receive benefits under the first pension is to cease to exist because the beneficiary has acquired a right to receive benefits under a second pension, but the first pension has been paid for any month following that in which the right to receive benefits under the first pension ceased to exist, the first pension that has been paid for that month is deemed to be a partial payment of the second pension; if the payment of benefits under a first pension is to be suspended and a second pension is to be paid to the same person, but a payment of monies from the first pension has been made for any month following that in which the right to receive benefits under the first pension ceased to exist or the reason to suspend payment of the first pension has occurred, the first pension that has been paid for that month is deemed to be a partial payment of the second pension.

乙年金の受給権者が甲年金の受給権を取得したため乙年金の受給権が消滅し、又は同一人に対して乙年金の支給を停止して甲年金を支給すべき場合において、乙年金の受給権が消滅し、又は乙年金の支給を停止すべき事由が生じた月の翌月以後の分として、乙年金の支払が行われたときは、その支払われた乙年金は、甲年金の内払とみなす。

If, in spite of the occurrence of a reason for suspending the payment of a pension, a pension has been paid for any period for which payment was to be suspended, the pension paid in that manner may be deemed to be partial payment of the pension to be paid thereafter. If, in spite of the occurrence of a reason to revise a pension by reducing its amount, a pension has been paid in an unreduced amount for any month following that in which the reason to reduce its amount occurred, the foregoing also applies to the part of the payment constituting the amount by which the pension was to have been reduced.

年金の支給を停止すべき事由が生じたにもかかわらず、その停止すべき期間の分として年金が支払われたときは、その支払われた年金は、その後に支払うべき年金の内払とみなすことができる。年金を減額して改定すべき事由が生じたにもかかわらず、その事由が生じた月の翌月以後の分として減額しない額の年金が支払われた場合における当該年金の当該減額すべきであつた部分についても、同様とする。

If the payment of pension benefits under the National Pension Act is to be suspended and pension insurance benefits (limited to the benefits paid by the Minister of Health, Labour and Welfare; the same applies hereinafter in this paragraph) are to be paid to the same person, but pension benefits under that Act have been paid for any month following that in which the reason for paying pension insurance benefits has occurred, the pension benefits under that Act that have been paid may be deemed to be a partial payment of pension insurance benefits.

同一人に対して国民年金法による年金たる給付の支給を停止して年金たる保険給付(厚生労働大臣が支給するものに限る。以下この項において同じ。)を支給すべき場合において、年金たる保険給付を支給すべき事由が生じた月の翌月以後の分として同法による年金たる給付の支払が行われたときは、その支払われた同法による年金たる給付は、年金たる保険給付の内払とみなすことができる。

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