Article 101-5Procedures for Application for Payment of Basic Continuous Employment Benefits for the Elderly

①An insured person (excluding a specially insured person in short-term employment and an insured day worker; the same applies hereinafter in this Subsection) who intends to receive payment of basic continuous employment benefits for the elderly for the first time must, within four months counting from the first day of the month subject to payment, submit, via the employer, to the Chief of the Public Employment Security Office having jurisdiction over the location of its place of business the continuous employment benefits for the elderly qualification confirmation form / (initial) written application for continuous employment benefits for the elderly (Form No. 33-3; provided, however, that where the Chief of the Public Employment Security Office finds it necessary, it may be replaced with a written application for continuous employment benefits for the elderly (Form No. 33-3-2); the same applies in paragraphs (3), (4) and (8) and Article 101-7), attaching an employment insurance certificate of wages on reaching age 60, etc. (Form No. 33-4; hereinafter referred to as the "certificate of wages on reaching age 60, etc."), a roster of workers, a wage ledger, and other documents capable of proving the insured person's age, the fact that the insured person is employed, the status of payment of wages, and the amount of wages; provided, however, that where it is difficult, for an unavoidable reason, to submit that written application via the employer, it may be submitted without going via the employer.

②Notwithstanding the preceding paragraph, an insured person may, as provided by the Director-General of the Employment Security Bureau, omit attaching the documents prescribed in that paragraph (excluding the certificate of wages on reaching age 60, etc.).

③Where an insured person whom the employer employs or has employed requests the issuance of the certificate of wages on reaching age 60, etc. in order to submit the continuous employment benefits for the elderly qualification confirmation form / (initial) written application for continuous employment benefits for the elderly pursuant to the provisions of paragraph (1), the employer must issue it to that person.

④When the Chief of the Public Employment Security Office finds that an insured person who has submitted the continuous employment benefits for the elderly qualification confirmation form / (initial) written application for continuous employment benefits for the elderly pursuant to the provisions of paragraph (1) falls under the main clause of Article 61, paragraph (1) of the Act, the Chief must notify that insured person to the effect that basic continuous employment benefits for the elderly are to be paid for the month subject to payment pertaining to that application for payment, and must also determine the month in which that person is to file an application for payment when the person intends to receive basic continuous employment benefits for the elderly for a month subject to payment (excluding a month subject to payment pertaining to an application for payment already made; the same applies in paragraph (6)), and inform that person of it.

⑤In determining the month for filing an application for payment prescribed in the preceding paragraph, the Chief of the Public Employment Security Office must determine it, for one month subject to payment or two consecutive months subject to payment, within a scope not exceeding four months counting from the first day of that month subject to payment; provided, however, that this does not apply where the Chief of the Public Employment Security Office finds it necessary.

⑥When an insured person who has received the notice under the provisions of paragraph (4) intends to receive payment of basic continuous employment benefits for the elderly for a month subject to payment, the insured person must, in the month for filing the application for payment of basic continuous employment benefits for the elderly prescribed in that paragraph, submit a written application for continuous employment benefits for the elderly via the employer to the Chief of the Public Employment Security Office having jurisdiction over the location of its place of business; provided, however, that where it is difficult, for an unavoidable reason, to submit that written application via the employer, it may be submitted without going via the employer.

⑦The provisions of paragraph (4) through the preceding paragraph apply mutatis mutandis to an insured person who has submitted a written application for continuous employment benefits for the elderly pursuant to the provisions of the preceding paragraph (including as applied mutatis mutandis in this paragraph).

⑧The matters stated in the continuous employment benefits for the elderly qualification confirmation form / (initial) written application for continuous employment benefits for the elderly and in the written application for continuous employment benefits for the elderly must be certified by the employer.

⑨A notification under paragraph (1) (limited to one submitted via the employer) is, where that employer is the employer of a place of business of a specified corporation, to be made by submitting the matters to be stated in the continuous employment benefits for the elderly qualification confirmation form / (initial) written application for continuous employment benefits for the elderly and in the documents prescribed in that paragraph, using an electronic data processing system, in lieu of submitting those documents; provided, however, that this does not apply where it is found difficult to use an electronic data processing system due to a breakdown of a telecommunications line, a disaster or other reason, and where it is found that the notification can be made without using an electronic data processing system.

⑩The provisions of paragraph (2) apply mutatis mutandis to the case of the preceding paragraph.

⑪A notification under paragraph (6) (including as applied mutatis mutandis in paragraph (7)) (limited to one submitted via the employer) is, where that employer is the employer of a place of business of a specified corporation, to be made by submitting the matters to be stated in the written application for continuous employment benefits for the elderly, using an electronic data processing system, in lieu of submitting the written application for continuous employment benefits for the elderly; provided, however, that this does not apply where it is found difficult to use an electronic data processing system due to a breakdown of a telecommunications line, a disaster or other reason, and where it is found that the notification can be made without using an electronic data processing system.