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 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.
Chapter I General Provisions第一章 総則
Article 1第一条
Purpose of the National Pension System(国民年金制度の目的)
Article 1, paragraph (1)
The National Pension system, based on the principle prescribed in Article 25, paragraph (2) of the Constitution of Japan, aims to prevent, through the mutual solidarity of the people, the stability of the people's livelihood from being impaired by old age, disability, or death, and thereby to contribute to the maintenance and improvement of a sound livelihood for the people.
The National Pension is to provide the benefits necessary in relation to the old age, disability, or death of the people, in order to achieve the purpose set forth in the preceding Article.
国民年金は、前条の目的を達成するため、国民の老齢、障害又は死亡に関して必要な給付を行うものとする。
Article 3第三条
Administration(管掌)
Article 3, paragraph (1)
The government administers the National Pension program.
国民年金事業は、政府が、管掌する。
Article 3, paragraph (2)
Part of the affairs of the National Pension program may be carried out, as specified by Cabinet Order, by a mutual aid association organized under an Act (hereinafter simply referred to as a "mutual aid association"), the Federation of National Public Officers Mutual Aid Associations, the National Federation of Municipal Personnel Mutual Aid Associations, the Federation of Local Public Officers Mutual Aid Associations, or the Promotion and Mutual Aid Corporation for Private Schools of Japan, which is to administer the Private School Personnel Mutual Aid System pursuant to the Private School Personnel Mutual Aid Association Act (Act No. 245 of 1953) (hereinafter referred to as "mutual aid associations, etc.").
Part of the affairs of the National Pension program may be carried out by the mayor of the municipality (including the head of a special ward; the same applies hereinafter), as specified by Cabinet Order.
If a significant change occurs in the standard of living of the people or other circumstances, measures for revision of the amount of the pension under this Act must be taken promptly, in order to respond to the circumstances after the change.
The finances of the National Pension program must maintain their balance over the long term, and if they are expected to significantly lose that balance, the necessary measures must be taken promptly.
Preparation of the Current State and Outlook of Finances(財政の現況及び見通しの作成)
Article 4-3, paragraph (1)
The government must prepare, at least once every five years, the current state and the outlook over the financial equilibrium period (hereinafter referred to as the "current state and outlook of finances") concerning the revenue and expenditure relating to the finances of the National Pension program, including the amount of premiums and the amount of the national treasury's burden, and the amount of the expenses required for benefits under this Act.
The financial equilibrium period referred to in the preceding paragraph (referred to as the "financial equilibrium period" in Article 16-2, paragraph (1)) is to be approximately 100 years from the year in which the current state and outlook of finances is prepared.
When the government has prepared the current state and outlook of finances under the provisions of paragraph (1), it must make this public without delay.
In this Act, "premium-paid period" means the period obtained by combining: the insured period as an insured person prescribed in Article 7, paragraph (1), item (i), relating to a premium that has been paid (including a premium collected under the provisions of Article 96; but excluding a premium for which, of the amount that a person has been made not required to pay part of under the provisions of Article 90-2, paragraphs (1) through (3), the remaining amount has been paid or collected; the same applies hereinafter) and relating to a premium that a person has been made not required to pay under the provisions of Article 88-2 or Article 88-3, paragraph (1) or (2); the insured period as an insured person prescribed in Article 7, paragraph (1), item (ii); and the insured period as an insured person prescribed in item (iii) of that paragraph.
In this Act, "premium exemption period" means the period obtained by combining the full premium exemption period, the three-quarter premium exemption period, the half premium exemption period, and the one-quarter premium exemption period.
In this Act, "full premium exemption period" means the total of the insured periods, as an insured person prescribed in Article 7, paragraph (1), item (i), relating to a premium that a person has been made not required to pay under the provisions of Article 89, paragraph (1), Article 90, paragraph (1), or Article 90-3, paragraph (1), after excluding the insured period relating to a premium that is deemed to have been paid under the provisions of Article 94, paragraph (4).
In this Act, "three-quarter premium exemption period" means the total of the insured periods, as an insured person prescribed in Article 7, paragraph (1), item (i), relating to a premium for which three-quarters of the amount has been made not required to be paid under the provisions of Article 90-2, paragraph (1) (limited to a premium for which the one-quarter of the amount other than the three-quarters made not required to be paid has been paid), after excluding the insured period relating to a premium that is deemed to have been paid under the provisions of Article 94, paragraph (4).
In this Act, "half premium exemption period" means the total of the insured periods, as an insured person prescribed in Article 7, paragraph (1), item (i), relating to a premium for which half of the amount has been made not required to be paid under the provisions of Article 90-2, paragraph (2) (limited to a premium for which the half of the amount other than the half made not required to be paid has been paid), after excluding the insured period relating to a premium that is deemed to have been paid under the provisions of Article 94, paragraph (4).
In this Act, "one-quarter premium exemption period" means the total of the insured periods, as an insured person prescribed in Article 7, paragraph (1), item (i), relating to a premium for which one-quarter of the amount has been made not required to be paid under the provisions of Article 90-2, paragraph (3) (limited to a premium for which the three-quarters of the amount other than the one-quarter made not required to be paid has been paid), after excluding the insured period relating to a premium that is deemed to have been paid under the provisions of Article 94, paragraph (4).
In this Act, "spouse", "husband", and "wife" include a person who has not made a notification of marriage but is in circumstances equivalent to a de facto marital relationship.
In this Act, "the government and implementing bodies" means the government as the implementer of Employees' Pension Insurance, and the mutual aid associations, etc. as implementing bodies.
In this Act, "mutual aid associations, etc. as implementing bodies" means the Federation of National Public Officers Mutual Aid Associations, the Federation of Local Public Officers Mutual Aid Associations, or the Promotion and Mutual Aid Corporation for Private Schools of Japan, as implementing bodies of Employees' Pension Insurance.
The administrative affairs to be handled by municipalities pursuant to the provisions of Article 12, paragraph (1) and paragraph (4) (including as applied mutatis mutandis pursuant to Article 105, paragraph (2)) and Article 105, paragraph (1) and paragraph (4), are Type 1 statutory entrusted functions prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).
A person who falls under any of the following items is an insured person of the National Pension.
次の各号のいずれかに該当する者は、国民年金の被保険者とする。
Article 7, paragraph (1), item (i)
A person who has a domicile in Japan and is 20 years of age or older but under 60 years of age, and who does not fall under either the following item or item (iii) (excluding a person who is able to receive an insurance benefit that is a pension whose ground for payment is old age under the Employees' Pension Insurance Act (Act No. 115 of 1954), or any other benefit whose ground for payment is old age or retirement, specified by Cabinet Order (hereinafter referred to as "old-age benefits, etc. under the Employees' Pension Insurance Act"), or any other person specified by Order of the Ministry of Health, Labour and Welfare as a person for whom there is a special reason for excluding the application of this Act; hereinafter referred to as a "category 1 insured person");
An insured person of Employees' Pension Insurance (hereinafter referred to as a "category 2 insured person");
厚生年金保険の被保険者(以下「第二号被保険者」という。)
Article 7, paragraph (1), item (iii)
The spouse of a category 2 insured person (limited to a person who has a domicile in Japan, or a student studying abroad or any other person who, although not having a domicile in Japan, is found — taking into account the purpose of travel and other circumstances — to have the basis of their life in Japan, as specified by Order of the Ministry of Health, Labour and Welfare) who maintains their livelihood mainly through the income of the category 2 insured person (excluding a person who is a category 2 insured person, or any other person specified by Order of the Ministry of Health, Labour and Welfare as a person for whom there is a special reason for excluding the application of this Act; hereinafter referred to as a "dependent spouse"), and who, among such persons, is 20 years of age or older but under 60 years of age (hereinafter referred to as a "category 3 insured person").
For the purposes of applying the provisions of item (iii) of the preceding paragraph, the matters necessary for determining whether a person's livelihood is maintained mainly through the income of a category 2 insured person are specified by Cabinet Order.
The provisions of Chapter III (excluding Article 12 and Article 14) of the Administrative Procedure Act (Act No. 88 of 1993) do not apply to the determination referred to in the preceding paragraph.
Timing of Acquisition of Status as an Insured Person(資格取得の時期)
Article 8, paragraph (1)
An insured person under the provisions of the preceding Article acquires status as an insured person: for a person who does not fall under either item (ii) or item (iii) of paragraph (1) of that Article, on the day on which the person came to fall under any of items (i) through (iii) of this paragraph; for a person under 20 years of age or 60 years of age or older, on the day on which the person came to fall under item (iv); and for any other person, on the day on which the person came to fall under that item or item (v).
When the person comes to have a domicile in Japan;
日本国内に住所を有するに至つたとき。
Article 8, paragraph (1), item (iii)
When the person ceases to be a person who is able to receive old-age benefits, etc. under the Employees' Pension Insurance Act, or any other person specified by Order of the Ministry of Health, Labour and Welfare as a person for whom there is a special reason for excluding the application of this Act;
When the person acquires status as an insured person of Employees' Pension Insurance;
厚生年金保険の被保険者の資格を取得したとき。
Article 8, paragraph (1), item (v)
When the person becomes a dependent spouse.
被扶養配偶者となつたとき。
Article 9第九条
Timing of Loss of Status as an Insured Person(資格喪失の時期)
Article 9, paragraph (1)
An insured person under the provisions of Article 7 loses status as an insured person on the day following the day on which the person came to fall under any of the following items (or, where, on the day the person came to fall under item (ii), the person further came to fall under Article 7, paragraph (1), item (ii) or item (iii), or came to fall under any of items (iii) through (v) (limited, in the case of item (iv), to a case where the person became a person able to receive old-age benefits, etc. under the Employees' Pension Insurance Act), on that day).
When the person ceases to have a domicile in Japan (excluding a case falling under Article 7, paragraph (1), item (ii) or item (iii));
日本国内に住所を有しなくなつたとき(第七条第一項第二号又は第三号に該当するときを除く。)。
Article 9, paragraph (1), item (iii)
When the person reaches 60 years of age (excluding a case falling under Article 7, paragraph (1), item (ii));
六十歳に達したとき(第七条第一項第二号に該当するときを除く。)。
Article 9, paragraph (1), item (iv)
When the person becomes a person who is able to receive old-age benefits, etc. under the Employees' Pension Insurance Act, or any other person specified by Order of the Ministry of Health, Labour and Welfare as a person for whom there is a special reason for excluding the application of this Act (excluding a case falling under Article 7, paragraph (1), item (ii) or item (iii));
When the person loses status as an insured person of Employees' Pension Insurance (excluding a case falling under any item of Article 7, paragraph (1));
厚生年金保険の被保険者の資格を喪失したとき(第七条第一項各号のいずれかに該当するときを除く。)。
Article 9, paragraph (1), item (vi)
When the person ceases to be a dependent spouse (excluding a case falling under Article 7, paragraph (1), item (i) or item (ii)).
被扶養配偶者でなくなつたとき(第七条第一項第一号又は第二号に該当するときを除く。)。
Article 10第十条
Article 10, paragraph (1)
No English for this provision yet.
削除
Article 11第十一条
Calculation of the Insured Period(被保険者期間の計算)
Article 11, paragraph (1)
When calculating the insured period, it is to be calculated by the month, and the months from the month in which the day on which the person acquired status as an insured person falls, up to the month preceding the month in which the day on which the person lost that status falls, are to be included in it.
When an insured person loses status as an insured person in the month in which the day of acquiring that status falls, that month is included in the insured period as one month. However, this does not apply when the person acquires status as an insured person again in that month.
For a person who, after losing status as an insured person, has again acquired that status, the insured periods before and after are aggregated.
被保険者の資格を喪失した後、さらにその資格を取得した者については、前後の被保険者期間を合算する。
Article 11-2第十一条の二
Article 11-2, paragraph (1)
When calculating the insured period as a category 1 insured person, the insured period as a category 2 insured person, or the insured period as a category 3 insured person, a month in which there was a change in the category of insured person (meaning the distinction as to whether a person is a category 1 insured person, a category 2 insured person, or a category 3 insured person; the same applies hereinafter) is deemed to be a month during which the person was an insured person of the category after the change. When there have been changes in the category of insured person two or more times within the same month, that month is deemed to be a month during which the person was an insured person of the last category.
An insured person (excluding a category 3 insured person; the same applies in the following paragraph) must notify the mayor of the municipality of matters concerning the acquisition and loss of status, and change of category, and matters concerning change of name and domicile, as specified by Order of the Ministry of Health, Labour and Welfare.
The head of the household to which an insured person belongs (hereinafter simply referred to as the "head of household") may make the notification under the preceding paragraph in place of the insured person.
When a notification has been made under the provisions of Article 22 through Article 24, Article 30-46, or Article 30-47 of the Residential Basic Book Act (Act No. 81 of 1967) (limited to a case where a note has been added, under the provisions of Article 29 of that Act, to the document pertaining to that notification), the notification under the provisions of paragraph (1) based on the same grounds as that notification is deemed to have been made.
When the mayor of the municipality has accepted a notification under the provisions of paragraph (1) or paragraph (2) (excluding a case where the mayor has accepted a notification concerning a change of name or domicile that is specified by Order of the Ministry of Health, Labour and Welfare), the mayor must report this to the Minister of Health, Labour and Welfare, as specified by Order of the Ministry of Health, Labour and Welfare.
A category 3 insured person must notify the Minister of Health, Labour and Welfare of matters concerning the acquisition and loss of status, and change of category, and matters concerning change of name and domicile, as specified by Order of the Ministry of Health, Labour and Welfare. However, this does not apply to matters concerning a change of name or domicile that are specified by Order of the Ministry of Health, Labour and Welfare.
Except in a case specified by Order of the Ministry of Health, Labour and Welfare, the notification under the preceding paragraph is to be made: in the case of a category 3 insured person who is a dependent spouse of a category 2 insured person who is a category 1 employees' pension insured person prescribed in Article 2-5, paragraph (1), item (i) of the Employees' Pension Insurance Act (hereinafter referred to as a "category 1 employees' pension insured person"), through the employer who employs the category 2 insured person who is the spouse of that category 3 insured person; and in the case of a category 3 insured person who is a dependent spouse of a category 2 insured person who is a category 2 employees' pension insured person prescribed in item (ii) of that paragraph (hereinafter referred to as a "category 2 employees' pension insured person"), a category 3 employees' pension insured person prescribed in item (iii) of that paragraph (hereinafter referred to as a "category 3 employees' pension insured person"), or a category 4 employees' pension insured person prescribed in item (iv) of that paragraph (hereinafter referred to as a "category 4 employees' pension insured person"), through the National Public Officers Mutual Aid Association, the Local Public Officers Mutual Aid Association, or the Promotion and Mutual Aid Corporation for Private Schools of Japan, of which the category 2 insured person who is the spouse of that category 3 insured person is a member or a participant.
The employer who employs a category 2 insured person as referred to in the preceding paragraph means the employer (meaning the employer prescribed in Article 27 of the Employees' Pension Insurance Act; the same applies in Article 108, paragraph (3)) of a place of business (meaning a place of business prescribed in Article 6, paragraph (1) of the Employees' Pension Insurance Act) that employs a category 2 insured person who is a category 1 employees' pension insured person.
The employer who employs a category 2 insured person as referred to in paragraph (6) may entrust part of the affairs relating to the routing under that paragraph to a Health Insurance Society established by that employer.
When, under the provisions of paragraph (6), the notification under paragraph (5) has been accepted by the employer who employs the category 2 insured person, or by the National Public Officers Mutual Aid Association, the Local Public Officers Mutual Aid Association, or the Promotion and Mutual Aid Corporation for Private Schools of Japan, the notification is deemed to have been made to the Minister of Health, Labour and Welfare at the time it was accepted.
A person who was a category 3 insured person must, when the person has ceased to be a dependent spouse of a category 2 insured person, notify the Minister of Health, Labour and Welfare of that fact, as specified by Order of the Ministry of Health, Labour and Welfare.
The provisions of paragraph (6) through paragraph (9) of the preceding Article apply mutatis mutandis to the notification under the preceding paragraph. In this case, the necessary technical replacement of terms is specified by Cabinet Order.
The Minister of Health, Labour and Welfare maintains a National Pension register, and records in it the name of the insured person, the acquisition and loss of status, changes of category, the state of payment of premiums, the Basic Pension Number (meaning the symbols and numbers specified by Order of the Ministry of Health, Labour and Welfare that are used to carry out affairs concerning the administration of government-administered pension programs (meaning the National Pension program and the Employees' Pension Insurance program administered by the government) and other affairs related to those programs that are specified by Order of the Ministry of Health, Labour and Welfare), and other matters specified by Order of the Ministry of Health, Labour and Welfare.
An insured person or a person who was an insured person may, when the person considers that a specified National Pension record relating to themselves that is recorded in the National Pension register (meaning the content of the acquisition and loss of status as an insured person, change of category, the state of payment of premiums, or other matters specified by Order of the Ministry of Health, Labour and Welfare; the same applies in this paragraph) is not factual, or that a specified National Pension record relating to themselves is not recorded in the National Pension register, request the Minister of Health, Labour and Welfare to correct the National Pension register, as specified by Order of the Ministry of Health, Labour and Welfare.
The provisions of the preceding paragraph apply mutatis mutandis, where an insured person or a person who was an insured person has died, to a person listed in the left-hand column of the following table. In this case, the term "自己" (the person themselves) in that paragraph is deemed to be replaced with the words listed in the right-hand column of that table, according to the category of person listed in the left-hand column of that table.
A person who may claim payment of an unpaid pension under the provisions of Article 19
the deceased person entitled to receive a pension benefit
A spouse or child who may receive a survivors' basic pension
the deceased insured person or person who was an insured person
A wife who may receive a widow's pension
the deceased husband
A surviving family member who may receive a death lump-sum payment
the deceased insured person or person who was an insured person
The Minister of Health, Labour and Welfare must establish a policy on the correction of the National Pension register relating to a request under the provisions of paragraph (1) of the preceding Article (including as applied mutatis mutandis pursuant to paragraph (2) of that Article) (referred to as a "correction request" in the following Article).
When the Minister of Health, Labour and Welfare intends to establish or change the policy referred to in the preceding paragraph, the Minister must consult the Social Security Council in advance.
Measures in Response to a Request for Correction(訂正請求に対する措置)
Article 14-4, paragraph (1)
When the Minister of Health, Labour and Welfare finds that a correction request is well-founded, the Minister must decide to correct the National Pension register relating to that correction request.
Except in a case where the Minister of Health, Labour and Welfare makes a decision under the provisions of the preceding paragraph, the Minister must decide not to correct the National Pension register relating to the correction request.
When the Minister of Health, Labour and Welfare intends to make a decision under the provisions of the preceding two paragraphs, the Minister must consult the Social Security Council in advance.
Provision of Information to Insured Persons(被保険者に対する情報の提供)
Article 14-5, paragraph (1)
The Minister of Health, Labour and Welfare is, in order to enhance the people's understanding of the National Pension system and improve their confidence in it, to notify each insured person, as specified by Order of the Ministry of Health, Labour and Welfare, of the necessary information concerning the insured person's record of premium payment and future benefits, in an easily understandable form.
The benefits under this Act (hereinafter simply referred to as "benefits") are as follows.
この法律による給付(以下単に「給付」という。)は、次のとおりとする。
Article 15, paragraph (1), item (i)
Old-age basic pension;
老齢基礎年金
Article 15, paragraph (1), item (ii)
Disability basic pension;
障害基礎年金
Article 15, paragraph (1), item (iii)
Survivors' basic pension;
遺族基礎年金
Article 15, paragraph (1), item (iv)
Additional pension, widow's pension, and death lump-sum payment.
付加年金、寡婦年金及び死亡一時金
Article 16第十六条
Decision(裁定)
Article 16, paragraph (1)
The right to receive a benefit is decided by the Minister of Health, Labour and Welfare based on the claim of the person who holds that right (hereinafter referred to as a "person entitled to receive a benefit").
When preparing the current state and outlook of finances under the provisions of Article 4-3, paragraph (1), the government is, if it is expected that the finances of the National Pension program will be unable to maintain their balance over the financial equilibrium period while holding the reserve fund (meaning the reserve fund of the National Pension Account of the Pension Special Account; the same applies in Chapter V) necessary to prevent a disruption in the payment of benefits at the end of the financial equilibrium period, to adjust the amount of benefits that are pensions (excluding the additional pension) (hereinafter in this paragraph referred to as the "benefit amount"), and is to specify by Cabinet Order the fiscal year in which the period for adjusting the benefit amount (hereinafter referred to as the "adjustment period") begins.
When it is found, in the current state and outlook of finances, that the adjustment under the preceding paragraph is no longer necessary, the fiscal year in which the adjustment period ends is to be specified by Cabinet Order.
When the government prepares the current state and outlook of finances during the adjustment period, it must also prepare the outlook for the fiscal year in which the adjustment period ends, and must make this public together with it.
When deciding the right to receive a benefit that is a pension (hereinafter referred to as a "pension benefit"), or when revising the amount of a pension benefit, if a fraction of less than 50 sen arises in the amount of the pension benefit, it is to be rounded down, and if a fraction of 50 sen or more but less than 1 yen arises, it is to be rounded up to 1 yen.
Beyond what is prescribed in the preceding paragraph, the treatment of a fraction of less than 1 yen that arises when calculating the amount of a pension benefit is specified by Cabinet Order.
Period of Payment of the Pension and Payment Months(年金の支給期間及び支払期月)
Article 18, paragraph (1)
Payment of a pension benefit is to begin from the month following the month in which the day on which the grounds for payment arose falls, and is to end with the month in which the day on which the right was extinguished falls.
When grounds for suspending the payment of a pension benefit arise, payment is suspended for the portion from the month following the month in which the day on which the grounds arose falls, through the month in which the day on which the grounds ceased to exist falls. However, if these days fall within the same month, payment is not suspended.
A pension benefit is paid, in six installments each year, in February, April, June, August, October, and December, for the portion up to the month preceding each such month. However, a pension that should have been paid in the preceding payment month, or the pension for the installment in a case where the right has been extinguished or the payment of the pension has been suspended, is to be paid even in a month that is not a payment month.
Addition to the Pension Paid in the February Payment(二月期支払の年金の加算)
Article 18-2, paragraph (1)
When a fraction of less than 1 yen arises in the amount paid under the provisions of paragraph (3) of the preceding Article, it is to be rounded down.
前条第三項の規定による支払額に一円未満の端数が生じたときは、これを切り捨てるものとする。
Article 18-2, paragraph (2)
The total of the amounts rounded down under the provisions of the preceding paragraph during the period from March each year to February of the following year (or, if a fraction of less than 1 yen arises in that total, the amount after that fraction is rounded down) is to be added to the pension amount for the payment month of that February.
If, where a vessel has sunk, capsized, been lost, or gone missing, it is unknown for three months whether a person who was actually on board the vessel at the time, or a person who was on board the vessel and went missing while the vessel was navigating, is alive or dead, or if the death of such a person becomes clear within three months but the time of death is unknown, then, for the purposes of applying the provisions concerning the payment of a benefit for which death is the ground for payment, that person is presumed to have died on the day on which the vessel sank, capsized, was lost, or went missing, or on the day on which the person went missing. The same applies where an aircraft has crashed, been lost, or gone missing, and it is unknown for three months whether a person who was actually on board the aircraft at the time, or a person who was on board the aircraft and went missing while the aircraft was navigating, is alive or dead, or where the death of such a person becomes clear within three months but the time of death is unknown.
Treatment in the Case of Adjudication of Disappearance(失踪宣告の場合の取扱い)
Article 18-4, paragraph (1)
For the purposes of applying the provisions concerning the payment of a benefit for which death is the ground for payment, relating to a person who is deemed to have died as a result of receiving an adjudication of disappearance, the term "date of death" in Article 37, Article 37-2, Article 49, paragraph (1), Article 52-2, paragraph (1), and Article 52-3, paragraph (1) is deemed to be replaced with "the day on which the person went missing", and the term "at the time of death" is deemed to be replaced with "at the time the person went missing". However, this does not apply to the application of these provisions relating to the familial relationship, age, and state of disability of a person entitled to receive a benefit, or of a person who is a requirement for the payment of a benefit or is the subject of an addition to its amount.
Where a person entitled to receive a pension benefit has died, if there is a pension benefit that should have been paid to the deceased person but has not yet been paid to that person, the spouse, child, parent, grandchild, grandparent, or sibling of that person, or a relative within the third degree of kinship other than these persons, who shared living expenses with that person at the time of that person's death, may, in their own name, claim payment of that unpaid pension.
In the case referred to in the preceding paragraph, if the deceased person was a person entitled to receive a survivors' basic pension, a child of the insured person or person who was an insured person that, at the time of that person's death, constituted a requirement for the payment of that survivors' basic pension or was the subject of an addition to its amount, is deemed to be a child as prescribed in that paragraph.
In the case referred to in paragraph (1), if the deceased person entitled to receive a benefit had not claimed that pension before death, a person prescribed in that paragraph may, in their own name, claim that pension.
The order of priority of persons entitled to receive an unpaid pension is specified by Cabinet Order.
未支給の年金を受けるべき者の順位は、政令で定める。
Article 19, paragraph (5)
When there are two or more persons of the same order of priority who are entitled to receive an unpaid pension, a claim made by one of them is deemed to have been made by all of them for the full amount, and a payment made to one of them is deemed to have been made to all of them.
A survivors' basic pension or a widow's pension is, while the person entitled to receive it is able to receive another pension benefit (excluding the additional pension) or an insurance benefit that is a pension under the Employees' Pension Insurance Act (excluding one paid on the same ground for payment as that pension benefit; the same applies hereinafter in this Article), suspended for that period. The same applies to the old-age basic pension, in a case where the person entitled to receive the old-age basic pension is able to receive another pension benefit (excluding the additional pension) or an insurance benefit that is a pension under that Act (excluding the survivors' employees' pension), and to the disability basic pension, in a case where the person entitled to receive the disability basic pension is able to receive another pension benefit (excluding the additional pension).
A person entitled to receive a pension benefit whose payment is to be suspended under the provisions of the preceding paragraph may, notwithstanding the provisions of that paragraph, apply for the suspension of payment to be lifted. However, this does not apply where the suspension of payment of the other pension benefit or the insurance benefit that is a pension under the Employees' Pension Insurance Act prescribed in that paragraph relating to that person has been lifted under the main clause of this paragraph, the following paragraph, or a provision specified by Cabinet Order as equivalent to these under other laws and regulations.
With respect to a pension benefit whose payment is to be suspended under the provisions of paragraph (1), if payment is made for the portion of the month in which the day on which the grounds for suspending payment arose falls, the application under the preceding paragraph relating to that pension benefit is deemed to have been made at the time those grounds arose.
The application under paragraph (2) (including that application in a case where it is deemed, under the provisions of the preceding paragraph, to have been made) may be withdrawn at any time, with effect for the future.
Suspension of Payment upon the Request of a Person Entitled to Receive a Benefit(受給権者の申出による支給停止)
Article 20-2, paragraph (1)
Payment of the full amount of a pension benefit (excluding a pension benefit whose payment is suspended in full under another provision of this Act or a provision of other laws and regulations) is suspended upon the request of the person entitled to receive it. However, if payment of part of the amount is suspended under another provision of this Act or a provision of other laws and regulations, payment of the amount of the part not suspended is suspended.
With respect to a pension benefit whose payment of part of its amount is suspended as referred to in the proviso to the preceding paragraph, when the suspension of payment under another provision of this Act or a provision of other laws and regulations is lifted, payment of the full amount of the pension benefit referred to in the main clause of the preceding paragraph is suspended.
The request under paragraph (1) may be withdrawn at any time, with effect for the future.
第一項の申出は、いつでも、将来に向かつて撤回することができる。
Article 20-2, paragraph (4)
A pension benefit whose payment is suspended under the provisions of paragraph (1) or paragraph (2) is, for the purposes of applying a provision of laws and regulations specified by Cabinet Order, deemed not to have had its payment suspended.
The method of the suspension of payment under the provisions of paragraph (1), and other matters necessary for applying the provisions of the preceding paragraphs, are specified by Cabinet Order.
第一項の規定による支給停止の方法その他前各項の規定の適用に関し必要な事項は、政令で定める。
Article 21第二十一条
Adjustment of Pension Payments(年金の支払の調整)
Article 21, paragraph (1)
Where the right of a person entitled to receive Pension B to receive it is extinguished because the person entitled to receive Pension B has acquired the right to receive Pension A, or where, for the same person, payment of Pension B is to be suspended and Pension A is to be paid, if payment of Pension B has been made for the portion from the month following the month in which the day on which the right to receive Pension B was extinguished, or the day on which the grounds for suspending payment of Pension B arose, falls, that paid Pension B is deemed to be a payment on account of Pension A.
When, notwithstanding that grounds for suspending payment of a pension have arisen, the pension has been paid for the portion of the period for which it should have been suspended, the pension so paid may be deemed to be a payment on account of the pension that should be paid thereafter. The same applies to the portion that should have been reduced, of a disability basic pension or a survivors' basic pension, in a case where, notwithstanding that grounds have arisen for revising the disability basic pension or the survivors' basic pension by reducing it, the disability basic pension or the survivors' basic pension has been paid, for the portion from the month following the month in which the day on which those grounds arose falls, in the amount without the reduction.
Where, for the same person, payment of an insurance benefit that is a pension under the Employees' Pension Insurance Act (limited to one paid by the Minister of Health, Labour and Welfare; the same applies hereinafter in this paragraph) is to be suspended and a pension benefit is to be paid, if payment of the insurance benefit that is a pension under that Act has been made for the portion from the month following the month in which the day on which the grounds for paying the pension benefit arose falls, the insurance benefit that is a pension under that Act so paid may be deemed to be a payment on account of the pension benefit.
Where, notwithstanding that the right to receive a pension benefit has been extinguished because the person entitled to receive the pension benefit has died, an erroneous payment of that pension benefit has been made for the portion from the month following the month in which the day of that death falls, if there is a pension benefit to be paid to a person who is to perform the obligation pertaining to the claim for repayment relating to that erroneous payment (hereinafter in this Article referred to as a "claim for repayment"), the amount of the payment of that pension benefit may be applied to the amount of the claim for repayment arising from that erroneous payment, as specified by Order of the Ministry of Health, Labour and Welfare.
Where a disability or death, or an accident that was the direct cause thereof, has arisen from the act of a third party, if the government has made a benefit payment, the government acquires, to the extent of the value of that benefit, the right that the person entitled to receive the benefit holds against the third party to claim damages.
In the case referred to in the preceding paragraph, if the person entitled to receive the benefit has received damages from the third party for the same cause, the government is relieved of its obligation to make the benefit payment, to the extent of that value.
When there is a person who has received a benefit by deception or other wrongful means, the Minister of Health, Labour and Welfare may collect from that person the whole or part of an amount equivalent to the amount received.
The right to receive a benefit may not be transferred, provided as security, or seized. However, this does not apply to a case where the right to receive an old-age basic pension or an additional pension is seized by a disposition for national tax arrears (including a disposition governed by the same rules).
Taxes and other public charges may not be imposed based on money received as a benefit. However, this does not apply to an old-age basic pension and an additional pension.
An old-age basic pension is paid to a person who has a premium-paid period or a premium exemption period (excluding one relating to a premium that a person has been made not required to pay under the provisions of Article 90-3, paragraph (1)), when that person reaches 65 years of age. However, this does not apply when the period obtained by combining that person's premium-paid period and premium exemption period is less than 10 years.
The amount of the old-age basic pension is the amount obtained by multiplying 780,900 yen by the revision rate (meaning the rate set under the provisions of paragraph (1) of the following Article and revised under the provisions of that Article (excluding paragraph (1)) through Article 27-5; the same applies hereinafter) (if a fraction of less than 50 yen arises in that amount, it is to be rounded down, and if a fraction of 50 yen or more but less than 100 yen arises, it is to be rounded up to 100 yen). However, when paid to a person whose number of months of premium-paid periods is less than 480, the amount is the amount obtained by multiplying that amount by the number obtained by dividing the number of months obtained by combining the numbers of months listed in the following items (480 being the maximum) by 480.
A number of months corresponding to seven-eighths of the number of months of the one-quarter premium exemption period (the number of months obtained by deducting the number of months of premium-paid periods from 480 being the maximum);
A number of months corresponding to three-eighths of the number of months obtained by deducting, from the number of months of the one-quarter premium exemption period, the number of months of the one-quarter premium exemption period prescribed in the preceding item.
A number of months corresponding to three-quarters of the number of months of half premium exemption periods (the number of months obtained by deducting, from 480, the number of months obtained by combining the number of months of premium-paid periods and the number of months of the one-quarter premium exemption period, being the maximum);
A number of months corresponding to one-quarter of the number of months obtained by deducting, from the number of months of half premium exemption periods, the number of months of half premium exemption periods prescribed in the preceding item;
A number of months corresponding to five-eighths of the number of months of the three-quarter premium exemption period (the number of months obtained by deducting, from 480, the number of months obtained by combining the number of months of premium-paid periods, the number of months of the one-quarter premium exemption period, and the number of months of half premium exemption periods, being the maximum);
A number of months corresponding to one-eighth of the number of months obtained by deducting, from the number of months of the three-quarter premium exemption period, the number of months of the three-quarter premium exemption period prescribed in the preceding item;
A number of months corresponding to one-half of the number of months of the full premium exemption period (excluding one relating to a premium that a person has been made not required to pay under the provisions of Article 90-3, paragraph (1)) (the number of months obtained by deducting, from 480, the number of months obtained by combining the number of months of premium-paid periods, the number of months of the one-quarter premium exemption period, the number of months of half premium exemption periods, and the number of months of the three-quarter premium exemption period, being the maximum).
The revision rate is revised each fiscal year based on the rate obtained by multiplying the rate listed in item (i) (hereinafter referred to as the "price change rate") by the rates listed in item (ii) and item (iii) (hereinafter referred to as the "nominal net wage change rate"), and is applied to a benefit that is a pension from April of that fiscal year onward.
The ratio of the price index for the year preceding the year in which the first day of that fiscal year falls, to the price index for the year two years before the year in which the first day of that fiscal year falls (meaning the annual average national consumer price index prepared by the Ministry of Internal Affairs and Communications; the same applies hereinafter);
A rate that is the cube root of the rate obtained by dividing the rate set forth in (a) by the rate set forth in (b);
イに掲げる率をロに掲げる率で除して得た率の三乗根となる率
Article 27-2, paragraph (2), item (ii), (a)
The ratio of the average standard remuneration relating to insured persons of Employees' Pension Insurance in the fiscal year two years before that fiscal year, to the average standard remuneration relating to insured persons of Employees' Pension Insurance in the fiscal year in which April 1 of the year five years before the year in which the first day of that fiscal year falls, falls (meaning the average standard remuneration prescribed in Article 43-2, paragraph (1), item (ii), (a) of the Employees' Pension Insurance Act; the same applies in this item and in Article 87, paragraph (5), item (ii), (a));
The ratio of the price index for the year two years before the year in which the first day of that fiscal year falls, to the price index for the year five years before the year in which the first day of that fiscal year falls.
The rate obtained by dividing the rate set forth in (a) by the rate set forth in (b).
イに掲げる率をロに掲げる率で除して得た率
Article 27-2, paragraph (2), item (iii), (a)
The rate obtained by deducting, from 0.910, a rate equivalent to one-half of the premium rate under the provisions of the Employees' Pension Insurance Act (hereinafter referred to as the "premium rate") as of September 1 of the year three years before the year in which the first day of that fiscal year falls;
The rate obtained by deducting, from 0.910, a rate equivalent to one-half of the premium rate as of September 1 of the year four years before the year in which the first day of that fiscal year falls.
The measures for revising the revision rate under the provisions of the preceding paragraph are specified by Cabinet Order.
前項の規定による改定率の改定の措置は、政令で定める。
Article 27-3第二十七条の三
Article 27-3, paragraph (1)
With respect to the revision of the revision rate that applies from and after the fiscal year in which April 1 of the year three years after the year in which the first day of the fiscal year in which the person entitled to receive the benefit reached 65 years of age falls, falls (referred to as the "base fiscal year" in Article 27-5, paragraph (1), item (ii) and paragraph (3), item (i)) (hereinafter referred to as the "revision rate from the base fiscal year"), the price change rate (or, when the price change rate exceeds the nominal net wage change rate, the nominal net wage change rate) is, notwithstanding the provisions of the preceding Article, taken as the basis.
The measures for revising the revision rate from the base fiscal year under the provisions of the preceding paragraph are specified by Cabinet Order.
前項の規定による基準年度以後改定率の改定の措置は、政令で定める。
Article 27-4第二十七条の四
Special Provisions for the Revision of the Revision Rate during the Adjustment Period(調整期間における改定率の改定の特例)
Article 27-4, paragraph (1)
With respect to the revision of the revision rate during the adjustment period, notwithstanding the provisions of the preceding two Articles, the rate obtained by multiplying the nominal net wage change rate by the rate obtained by multiplying the adjustment rate (meaning the rate obtained by multiplying the rate listed in item (i) by the rate listed in item (ii) (or, when that rate exceeds 1, 1); the same applies hereinafter) by the special adjustment rate for the fiscal year preceding that fiscal year (or, when that rate is less than 1, 1; referred to as the "calculated rate" in paragraph (3), item (ii)) is taken as the basis.
A rate that is the cube root of the ratio of the total number of public pension insured persons in the fiscal year two years before that fiscal year, to the number calculated, as specified by Cabinet Order, as the total number of insured persons of public pensions (meaning an insured person of this Act or the Employees' Pension Insurance Act) in the fiscal year in which April 1 of the year five years before the year in which the first day of that fiscal year falls, falls (hereinafter referred to as the "total number of public pension insured persons");
With respect to the revision of the revision rate during the adjustment period in a case where the nominal net wage change rate is less than 1, notwithstanding the provisions of the preceding paragraph, the nominal net wage change rate is taken as the basis.
The special adjustment rate in paragraph (1) means the rate set under the provisions of item (i) and revised under the provisions of item (ii).
第一項の特別調整率とは、第一号の規定により設定し、第二号の規定により改定した率をいう。
Article 27-4, paragraph (3), item (i)
The special adjustment rate in fiscal year 2017 is 1;
平成二十九年度における特別調整率は、一とする。
Article 27-4, paragraph (3), item (ii)
The special adjustment rate is revised each fiscal year based on the rate obtained by dividing the rate obtained by multiplying the nominal net wage change rate by the adjustment rate, by the calculated rate (or, when the nominal net wage change rate is less than 1, the adjustment rate).
The measures for revising the revision rate under the provisions of the preceding three paragraphs are specified by Cabinet Order.
前三項の規定による改定率の改定の措置は、政令で定める。
Article 27-5第二十七条の五
Article 27-5, paragraph (1)
With respect to the revision of the revision rate from the base fiscal year during the adjustment period, notwithstanding the provisions of the preceding Article, the rate obtained by multiplying the rate listed in item (i) by the rate listed in item (ii) (or, when that rate is less than 1, 1; referred to as the "calculated rate from the base fiscal year" in paragraph (3), item (i), (b)) is taken as the basis.
The price change rate (or, when the price change rate exceeds the nominal net wage change rate, the nominal net wage change rate);
物価変動率(物価変動率が名目手取り賃金変動率を上回るときは、名目手取り賃金変動率)
Article 27-5, paragraph (1), item (ii)
The rate obtained by multiplying the adjustment rate by the special adjustment rate from the base fiscal year for the fiscal year preceding that fiscal year (or, where that fiscal year is the base fiscal year, the special adjustment rate prescribed in paragraph (3) of the preceding Article for the fiscal year preceding that fiscal year).
With respect to the revision of the revision rate from the base fiscal year during the adjustment period in a case listed in the following items, notwithstanding the provisions of the preceding paragraph, the rate specified in the relevant item is taken as the basis.
Where the price change rate is less than 1 (excluding a case listed in the following item): the price change rate;
物価変動率が一を下回るとき(次号に掲げる場合を除く。) 物価変動率
Article 27-5, paragraph (2), item (ii)
Where the price change rate exceeds the nominal net wage change rate, and the nominal net wage change rate is less than 1: the nominal net wage change rate.
The special adjustment rate from the base fiscal year in paragraph (1) means the rate set under the provisions of item (i) and revised under the provisions of item (ii).
第一項の基準年度以後特別調整率とは、第一号の規定により設定し、第二号の規定により改定した率をいう。
Article 27-5, paragraph (3), item (i)
The special adjustment rate from the base fiscal year in the base fiscal year is the rate obtained by multiplying the rate set forth in (a) by the rate set forth in (b);
基準年度における基準年度以後特別調整率は、イに掲げる率にロに掲げる率を乗じて得た率とする。
Article 27-5, paragraph (3), item (i), (a)
The special adjustment rate prescribed in paragraph (3) of the preceding Article for the fiscal year preceding the base fiscal year;
基準年度の前年度の前条第三項に規定する特別調整率
Article 27-5, paragraph (3), item (i), (b)
The rate obtained by dividing the rate obtained by multiplying the price change rate (or, when the price change rate exceeds the nominal net wage change rate, the nominal net wage change rate) by the adjustment rate, by the calculated rate from the base fiscal year (or, when the price change rate or the nominal net wage change rate is less than 1, the adjustment rate).
The special adjustment rate from the base fiscal year is revised each fiscal year based on the rate set forth in (b) of the preceding item.
基準年度以後特別調整率については、毎年度、前号ロに掲げる率を基準として改定する。
Article 27-5, paragraph (4)
The measures for revising the revision rate from the base fiscal year under the provisions of the preceding three paragraphs are specified by Cabinet Order.
前三項の規定による基準年度以後改定率の改定の措置は、政令で定める。
Article 28第二十八条
Deferment of Payment(支給の繰下げ)
Article 28, paragraph (1)
A person who has the right to receive an old-age basic pension and who has not claimed that old-age basic pension before reaching 66 years of age may make a request to the Minister of Health, Labour and Welfare to defer payment of that old-age basic pension. However, this does not apply where, when that person reached 65 years of age, the person was a person entitled to receive another benefit that is a pension (meaning another pension benefit (excluding the additional pension) or an insurance benefit that is a pension under the Employees' Pension Insurance Act (excluding one for which old age is the ground for payment); the same applies hereinafter in this Article), or where the person became a person entitled to receive another benefit that is a pension during the period from the day the person reached 65 years of age to the day the person reached 66 years of age.
When a person listed in the following items makes the request under the preceding paragraph (excluding that request in a case where the request under the preceding paragraph is deemed, under the provisions of paragraph (5), to have been made; the same applies hereinafter in this paragraph) after the day the person reached 66 years of age, the request under the preceding paragraph is deemed to have been made on the day specified in the relevant item.
A person who became a person entitled to receive another benefit that is a pension before the day of reaching 75 years of age: the day on which the grounds for paying that other benefit that is a pension arose;
A person who is after the day of reaching 75 years of age (excluding a person falling under the preceding item): the day of reaching 75 years of age.
七十五歳に達した日後にある者(前号に該当する者を除く。) 七十五歳に達した日
Article 28, paragraph (3)
Payment of the old-age basic pension to a person who has made the request under paragraph (1) (including that request in a case where the request under paragraph (1) is deemed, under the provisions of paragraph (5), to have been made; the same applies in the following paragraph) is, notwithstanding the provisions of Article 18, paragraph (1), to begin from the month following the month in which the day of that request falls.
The amount of the old-age basic pension paid to a person who has made the request under paragraph (1) is, notwithstanding the provisions of Article 27, the amount obtained by adding, to the amount specified in that Article, an amount specified by Cabinet Order.
When a person who may make a request to defer payment of an old-age basic pension under the provisions of paragraph (1) claims that old-age basic pension after the day of reaching 70 years of age, and does not make the request under that paragraph at the time of that claim, the request under that paragraph is deemed to have been made on the day five years before the day of that claim. However, this does not apply where that person falls under any of the following items.
When the person is on or after the day of reaching 80 years of age;
八十歳に達した日以後にあるとき。
Article 28, paragraph (5), item (ii)
When the person became a person entitled to receive another benefit that is a pension during the period from the day of reaching 65 years of age to the day five years before the day of that claim.
The right to receive an old-age basic pension is extinguished when the person entitled to receive it dies.
老齢基礎年金の受給権は、受給権者が死亡したときは、消滅する。
Section 3 Disability Basic Pension第三節 障害基礎年金
Article 30第三十条
Requirement for Payment(支給要件)
Article 30, paragraph (1)
A disability basic pension is paid to a person who has suffered an illness or been injured, and who, on the date of first receiving medical examination or treatment from a physician or dentist for that illness or injury and an illness resulting from it (hereinafter referred to as "injury or illness") (hereinafter referred to as the "date of first medical examination"), fell under any of the following items, when, on the day on which one year and six months have elapsed, calculated from that date of first medical examination (or, where that injury or illness was cured within that period, the day it was cured (including the day on which the symptoms became fixed and no further therapeutic effect could be expected); hereinafter referred to as the "disability recognition date"), that person is, because of that injury or illness, in a state of disability to the extent of falling under the disability grade prescribed in the following paragraph. However, this does not apply where, on the day preceding the date of first medical examination relating to that injury or illness, the person had an insured period up to the month two months before the month in which that date of first medical examination falls, and the period obtained by combining the premium-paid period and the premium exemption period relating to that insured period is less than two-thirds of that insured period.
Being a person who was an insured person, who has a domicile in Japan, and who is 60 years of age or older but under 65 years of age.
被保険者であつた者であつて、日本国内に住所を有し、かつ、六十歳以上六十五歳未満であること。
Article 30, paragraph (2)
The disability grade is, according to the degree of disability, Grade 1 and Grade 2 in order from the most severe, and the state of disability for each grade is specified by Cabinet Order.
障害等級は、障害の程度に応じて重度のものから一級及び二級とし、各級の障害の状態は、政令で定める。
Article 30-2第三十条の二
Article 30-2, paragraph (1)
Where a person who has suffered an illness or been injured, and who fell under any of the items of paragraph (1) of the preceding Article on the date of first medical examination relating to that injury or illness, and who was not in a state of disability to the extent of falling under the disability grade prescribed in paragraph (2) of that Article (hereinafter simply referred to as the "disability grade") on the disability recognition date, comes, during the period after that date until the day preceding the day of reaching 65 years of age, to be in a state of disability to the extent of falling under the disability grade because of that injury or illness, that person may, within that period, claim payment of the disability basic pension under paragraph (1) of that Article.
The provisions of the proviso to paragraph (1) of the preceding Article apply mutatis mutandis to the case referred to in the preceding paragraph.
前条第一項ただし書の規定は、前項の場合に準用する。
Article 30-2, paragraph (3)
When the claim under paragraph (1) has been made, the disability basic pension under paragraph (1) of the preceding Article is paid to the person who made that claim, notwithstanding the provisions of that paragraph.
With respect to a disability employees' pension under the provisions of Article 47 or Article 47-2 of the Employees' Pension Insurance Act based on the same ground for payment as the disability basic pension under paragraph (1), when its amount has been revised under the provisions of Article 52 of that Act, the claim under that paragraph is deemed to have been made at that time.
Where a person who has suffered an illness or been injured, and who fell under any of the items of Article 30, paragraph (1) on the date of first medical examination relating to that injury or illness (hereinafter in this Article referred to as the "reference injury or illness"), and who is in a state of disability due to an injury or illness other than the reference injury or illness, comes, for the first time, during the period from the disability recognition date relating to the reference injury or illness until the day preceding the day of reaching 65 years of age, to be in a state of disability to the extent of falling under the disability grade by combining the disability caused by the reference injury or illness (hereinafter in this Article referred to as the "reference disability") with the other disability (limited to a case where the date of first medical examination for the reference injury or illness is on or after the date of first medical examination for the injury or illness other than the reference injury or illness (or, where there are two or more injuries or illnesses other than the reference injury or illness, all of the injuries or illnesses other than the reference injury or illness)), a disability basic pension is paid to that person according to the degree of disability obtained by combining the reference disability with the other disability.
The provisions of the proviso to Article 30, paragraph (1) apply mutatis mutandis to the case referred to in the preceding paragraph. In this case, the term "that injury or illness" in the proviso to paragraph (1) of that Article is deemed to be replaced with "reference injury or illness".
Payment of the disability basic pension under paragraph (1) is, notwithstanding the provisions of Article 18, paragraph (1), to begin from the month following the month in which the claim for that disability basic pension was made.
Where a person who has suffered an illness or been injured, and who was under 20 years of age on the date of first medical examination, is in a state of disability to the extent of falling under the disability grade, on the day of reaching 20 years of age, if the person reaches 20 years of age on or after the disability recognition date, or on that disability recognition date, if the disability recognition date is after the day of reaching 20 years of age, a disability basic pension is paid to that person.
Where a person who has suffered an illness or been injured, and who was under 20 years of age on the date of first medical examination (limited to a person who was not an insured person on that date), comes, because of that injury or illness, to be in a state of disability to the extent of falling under the disability grade, during the period until the day preceding the day of reaching 65 years of age, after the day of reaching 20 years of age, if the person reaches 20 years of age on or after the disability recognition date, or after that disability recognition date, if the disability recognition date is after the day of reaching 20 years of age, that person may, within that period, claim payment of the disability basic pension under the preceding paragraph.
The provisions of Article 30-2, paragraph (3) apply mutatis mutandis to the case referred to in the preceding paragraph.
第三十条の二第三項の規定は、前項の場合に準用する。
Article 31第三十一条
Adjustment for Concurrent Benefits(併給の調整)
Article 31, paragraph (1)
When grounds for paying a further disability basic pension arise for a person entitled to receive a disability basic pension, a disability basic pension is paid according to the degree of disability obtained by combining the earlier and later disabilities.
When a person entitled to receive a disability basic pension has acquired, under the provisions of the preceding paragraph, the right to receive a disability basic pension according to the degree of disability obtained by combining the earlier and later disabilities, the right to receive the previous disability basic pension is extinguished.
When grounds for paying a further disability basic pension arise for a person entitled to receive a disability basic pension whose payment is suspended for a fixed period, payment of the disability basic pension paid under the provisions of paragraph (1) of the preceding Article according to the degree of disability obtained by combining the earlier and later disabilities is suspended for the period during which payment of the previous disability basic pension should have been suspended, and during that period, a disability basic pension according to the degree of disability without combining the previous disability is paid to that person.
Where a person entitled to receive a disability basic pension has further acquired the right to receive a disability basic pension, if the newly acquired disability basic pension is one whose payment is to be suspended under the provisions of Article 36, paragraph (1), the previous disability basic pension is paid to that person, notwithstanding the provisions of paragraph (2) of the preceding Article, for the period during which payment is to be suspended.
The amount of the disability basic pension is the amount obtained by multiplying 780,900 yen by the revision rate (if a fraction of less than 50 yen arises in that amount, it is to be rounded down, and if a fraction of 50 yen or more but less than 100 yen arises, it is to be rounded up to 100 yen).
The amount of the disability basic pension paid to a person whose degree of disability falls under Grade 1 of the disability grade is, notwithstanding the provisions of the preceding paragraph, the amount equivalent to 125 percent of the amount specified in that paragraph.
The amount of the disability basic pension is, when there is a child of the person entitled to receive it whose livelihood is maintained by that person (limited to a child who is in the period up to the first March 31 on or after the day of reaching 18 years of age, and a child who is under 20 years of age and in a state of disability falling under the disability grade), notwithstanding the provisions of the preceding Article, the amount obtained by adding, to the amount specified in that Article, the amount obtained by multiplying 74,900 yen by the revision rate (meaning the revision rate as revised on the assumption that the provisions of Article 27-3 and Article 27-5 do not apply; the same applies hereinafter in this paragraph) for each such child (for up to two of them, the amount obtained by multiplying 224,700 yen by the revision rate for each; if a fraction of less than 50 yen arises in those amounts, it is to be rounded down, and if a fraction of 50 yen or more but less than 100 yen arises, it is to be rounded up to 100 yen).
When, because the person entitled to receive the benefit has come to have, on or after the day following the day the person acquired that right, a child of that person whose livelihood is maintained by that person (limited to a child who is in the period up to the first March 31 on or after the day of reaching 18 years of age, and a child who is under 20 years of age and in a state of disability falling under the disability grade), the amount is to be added to under the provisions of the preceding paragraph, the amount of the disability basic pension is revised from the month following the month in which the day of coming to have that child falls.
With respect to a disability basic pension whose amount has been increased under the provisions of paragraph (1), when one or two or more of the children come to fall under any of the following items, the amount of the pension is revised, according to the number of children who have come to fall under it, from the month following the month in which the day of coming to fall under it falls.
When the state of the child's livelihood being maintained by the person entitled to receive the benefit has ceased;
受給権者による生計維持の状態がやんだとき。
Article 33-2, paragraph (3), item (iii)
When the child has married;
婚姻をしたとき。
Article 33-2, paragraph (3), item (iv)
When the child has become the adopted child of a person other than the spouse of the person entitled to receive the benefit;
受給権者の配偶者以外の者の養子となつたとき。
Article 33-2, paragraph (3), item (v)
When the child has ceased to be the child of the person entitled to receive the benefit as a result of dissolution of adoption;
離縁によつて、受給権者の子でなくなつたとき。
Article 33-2, paragraph (3), item (vi)
When the first March 31 on or after the day of reaching 18 years of age has ended; provided, however, that this excludes a case where the child is in a state of disability falling under the disability grade;
When, with respect to a child in a state of disability falling under the disability grade, that circumstance has ceased; provided, however, that this excludes a case where the child is in the period up to the first March 31 on or after the day of reaching 18 years of age;
For the purposes of applying the provisions of paragraph (1) or item (ii) of the preceding paragraph, the matters necessary for determining whether a child's livelihood is maintained by the person entitled to receive the disability basic pension, or whether the state of that person maintaining the child's livelihood has ceased, are specified by Cabinet Order.
Revision of the Pension Amount Where the Degree of Disability Has Changed(障害の程度が変わつた場合の年金額の改定)
Article 34, paragraph (1)
The Minister of Health, Labour and Welfare may, with respect to a person entitled to receive a disability basic pension, examine that person's degree of disability, and when the Minister finds that the degree falls under a disability grade other than the previous disability grade, revise the amount of the disability basic pension.
A person entitled to receive a disability basic pension may claim, from the Minister of Health, Labour and Welfare, revision of the amount of the disability basic pension on the ground that the degree of disability has increased.
The claim under the preceding paragraph may not be made until after the day on which one year has elapsed, calculated from the day the person entitled to receive the disability basic pension acquired the right to receive it, or the day the person underwent the examination by the Minister of Health, Labour and Welfare under the provisions of paragraph (1), except in a case specified by Order of the Ministry of Health, Labour and Welfare as a case where it is clear that the degree of disability of the person entitled to receive the disability basic pension has increased.
Where a person entitled to receive a disability basic pension, who has suffered an illness or been injured, and who fell under any of the items of Article 30, paragraph (1) on the date of first medical examination relating to that injury or illness (limited to one whose date of first medical examination is after the date of first medical examination for the injury or illness relating to the disability that was the ground for payment of that disability basic pension; the same applies hereinafter in this paragraph and in the proviso to Article 36, paragraph (2)), is in a state of disability (limited to one not falling under the disability grade; hereinafter in this paragraph and in the proviso to Article 36, paragraph (2) referred to as "other disability") because of that injury or illness, and, during the period from the disability recognition date relating to that injury or illness until the day preceding the day of reaching 65 years of age, the degree of disability obtained by combining the disability that was the ground for payment of that disability basic pension with the other disability (or, where there are two or more other disabilities, the disability obtained by combining all of the other disabilities) has increased beyond the degree of the disability that was the ground for payment of that disability basic pension, that person may claim, from the Minister of Health, Labour and Welfare, within that period, revision of the amount of that disability basic pension.
The provisions of the proviso to Article 30, paragraph (1) apply mutatis mutandis to the case referred to in the preceding paragraph.
第三十条第一項ただし書の規定は、前項の場合に準用する。
Article 34, paragraph (6)
When the amount of the disability basic pension has been revised under the provisions of paragraph (1), payment of the disability basic pension in the revised amount is to begin from the month following the month in which the day the revision was made falls.
The right to receive a disability basic pension is extinguished, in addition to being extinguished under the provisions of Article 31, paragraph (2), when the person entitled to receive it comes to fall under any of the following items.
When a person who is not in a state of disability to the extent of falling under the disability grade prescribed in Article 47, paragraph (2) of the Employees' Pension Insurance Act reaches 65 years of age; provided, however, that this excludes a case where, on the day of reaching 65 years of age, three years have not elapsed, calculated from the day the person ceased to be in a state of disability to the extent of falling under the disability grade prescribed in that paragraph, without having fallen under a state of disability to the extent of falling under the disability grade prescribed in that paragraph;
When three years have elapsed, calculated from the day the person ceased to be in a state of disability to the extent of falling under the disability grade prescribed in Article 47, paragraph (2) of the Employees' Pension Insurance Act, without having fallen under a state of disability to the extent of falling under the disability grade prescribed in that paragraph; provided, however, that this excludes a case where, on the day the three years have elapsed, that person entitled to receive the benefit is under 65 years of age.
Payment of a disability basic pension is suspended for six years when the person entitled to receive it is able to receive compensation for disability under the provisions of the Labor Standards Act (Act No. 49 of 1947) for the disability caused by that injury or illness.
Payment of a disability basic pension is suspended, while the person entitled to receive it ceases to be in a state of disability to the extent of falling under the disability grade, for the period the person is not in that state of disability. However, this does not apply where a person entitled to receive a disability basic pension whose payment has been suspended has suffered an illness or been injured, and fell under any of the items of Article 30, paragraph (1) on the date of first medical examination relating to that injury or illness, and is, because of that injury or illness, in a state of other disability, and, during the period from the disability recognition date relating to that injury or illness until the day preceding the day of reaching 65 years of age, the degree of disability obtained by combining the disability that was the ground for payment of that disability basic pension with the other disability (or, where there are two or more other disabilities, the disability obtained by combining all of the other disabilities) has come to fall under the disability grade.
The provisions of the proviso to Article 30, paragraph (1) apply mutatis mutandis to the case referred to in the proviso to the preceding paragraph.
第三十条第一項ただし書の規定は、前項ただし書の場合に準用する。
Article 36-2第三十六条の二
Article 36-2, paragraph (1)
Payment of a disability basic pension under the provisions of Article 30-4 is suspended, for the period during which the person entitled to receive it falls under any of the following items (in the case of falling under item (ii) or item (iii), limited to a case specified by Order of the Ministry of Health, Labour and Welfare).
When the person is able to receive a benefit that is a pension based on the Public Officers Pension Act (Act No. 48 of 1923; including as applied mutatis mutandis under other Acts), a benefit that is a pension under the provisions of the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947), or any other benefit that is a pension specified by Cabinet Order;
When the person is confined in a penal institution, a workhouse, or any other facility equivalent to these;
刑事施設、労役場その他これらに準ずる施設に拘禁されているとき。
Article 36-2, paragraph (1), item (iii)
When the person is committed to a juvenile training school or any other facility equivalent to it;
少年院その他これに準ずる施設に収容されているとき。
Article 36-2, paragraph (1), item (iv)
When the person does not have a domicile in Japan.
日本国内に住所を有しないとき。
Article 36-2, paragraph (2)
When payment of the whole amount of the benefit prescribed in item (i) of the preceding paragraph is suspended, the provisions of that paragraph do not apply. However, this does not apply where that suspension of payment is due to the payment of the benefit prescribed in paragraph (1) of the preceding Article or Article 41, paragraph (1).
When both the amount of the disability basic pension prescribed in paragraph (1) and the amount of the benefit prescribed in item (i) of that paragraph (or, where payment of part of the amount of that benefit is suspended, the amount of the part not suspended; the same applies in the following paragraph) are less than the amount specified by Cabinet Order, the provisions of paragraph (1) do not apply. However, this does not apply to the part of that disability basic pension equivalent to the excess amount, when the total of these amounts exceeds that amount specified by Cabinet Order.
When the amount of the disability basic pension prescribed in paragraph (1) is equal to or greater than the amount specified by Cabinet Order prescribed in the preceding paragraph, and exceeds the amount of the benefit prescribed in item (i) of paragraph (1), payment of that disability basic pension is not suspended for the part of the excess, notwithstanding the provisions of that item.
When the benefit prescribed in paragraph (1), item (i) is an increased pension under the Public Officers Pension Act, a family pension prescribed in Article 75, paragraph (1), item (ii) of that Act, or any other benefit equivalent to these specified by Cabinet Order, that is paid to a person specified by Cabinet Order on the ground of disability or death, the provisions of paragraph (1), paragraph (3), and the preceding paragraph do not apply.
The method of calculating the amount of the benefit prescribed in paragraph (1), item (i) is specified by Cabinet Order.
第一項第一号に規定する給付の額の計算方法は、政令で定める。
Article 36-3第三十六条の三
Article 36-3, paragraph (1)
Payment of a disability basic pension under the provisions of Article 30-4 is suspended, from October of that year to September of the following year, as specified by Cabinet Order, for the part equivalent to the whole, or one-half (or, in the case of a disability basic pension whose amount has been increased under the provisions of Article 33-2, paragraph (1), one-half of the amount obtained by deducting, from that amount, the amount added under the provisions of that paragraph), when the income of the person entitled to receive it for the preceding year exceeds the amount specified by Cabinet Order according to the presence or absence and the number of that person's spouse with the same livelihood and dependents prescribed in the Income Tax Act (Act No. 33 of 1965) (hereinafter referred to as "dependents and similar persons").
The scope of the income prescribed in the preceding paragraph, and the method of calculating its amount, are specified by Cabinet Order.
前項に規定する所得の範囲及びその額の計算方法は、政令で定める。
Article 36-4第三十六条の四
Article 36-4, paragraph (1)
Where there is a person who has suffered damage, due to an earthquake, storm or flood damage, fire, or any other disaster similar to these, to a residence, household effects, or other property specified by Cabinet Order owned by the person or by that person's spouse with the same livelihood or dependent prescribed in the Income Tax Act, the amount of damage to which (excluding an amount made up for by insurance money, damages, or the like) is approximately one-half or more of its value (hereinafter referred to as a "disaster victim"), the suspension of payment under the provisions of the preceding Article on the ground of the income of that disaster victim for the year preceding, or the year two years before, the year the damage was suffered, is not made, with respect to a disability basic pension under the provisions of Article 30-4 for the period from the month the damage was suffered until September of the following year.
Where, under the provisions of the preceding paragraph, the suspension of payment of the disability basic pension under the provisions of Article 30-4 has not been made, if the income of that disaster victim for the year the damage was suffered exceeds the amount specified by Cabinet Order prescribed in Article 36-3, paragraph (1) according to the presence or absence and the number of that person's dependents and similar persons, payment of the disability basic pension under the provisions of Article 30-4 paid to that disaster victim, that pertains to the period prescribed in the preceding paragraph, is suspended retroactively to the month the disaster victim suffered the damage.
The scope of the income prescribed in the preceding paragraph, and the method of calculating its amount, are governed by the scope of the income prescribed in Article 36-3, paragraph (1), and the method of calculating its amount.
A survivors' basic pension is paid to the spouse or child of an insured person or a person who was an insured person, where that person falls under any of the following items. However, in the case of falling under item (i) or item (ii), this does not apply where, on the day preceding the date of death, the deceased person had an insured period up to the month two months before the month in which the date of death falls, and the period obtained by combining the premium-paid period and the premium exemption period relating to that insured period is less than two-thirds of that insured period.
When a person whose period obtained by combining the premium-paid period and the premium exemption period is 25 years or more has died.
保険料納付済期間と保険料免除期間とを合算した期間が二十五年以上である者が、死亡したとき。
Article 37-2第三十七条の二
Scope of Surviving Family Members(遺族の範囲)
Article 37-2, paragraph (1)
The spouse or child who may receive a survivors' basic pension is the spouse or child of the insured person or the person who was an insured person (hereinafter simply referred to as the "spouse" or "child") who, at the time of the death of the insured person or the person who was an insured person, had their livelihood maintained by that person, and who fell under the requirements listed below.
With respect to the spouse, sharing a livelihood, at the time of the death of the insured person or the person who was an insured person, with a child who had their livelihood maintained by that person and who falls under the requirement listed in the following item;
With respect to the child, being in the period up to the first March 31 on or after the day of reaching 18 years of age, or being under 20 years of age and in a state of disability falling under the disability grade, and not currently being married.
When a child who was an unborn child at the time of the death of the insured person or the person who was an insured person is born, for the purposes of applying the provisions of the preceding paragraph, that child is, with effect for the future, deemed to have had their livelihood maintained by the insured person or the person who was an insured person at the time of that person's death, and the spouse is deemed to have shared a livelihood with that child at the time of that person's death.
For the purposes of applying the provisions of paragraph (1), the matters necessary for determining whether a person's livelihood was maintained by the insured person or the person who was an insured person are specified by Cabinet Order.
The amount of the survivors' basic pension is the amount obtained by multiplying 780,900 yen by the revision rate (if a fraction of less than 50 yen arises in that amount, it is to be rounded down, and if a fraction of 50 yen or more but less than 100 yen arises, it is to be rounded up to 100 yen).
The amount of the survivors' basic pension paid to the spouse is, notwithstanding the provisions of the preceding Article, the amount obtained by adding, to the amount specified in that Article, the amount obtained by multiplying 74,900 yen by the revision rate (meaning the revision rate as revised on the assumption that the provisions of Article 27-3 and Article 27-5 do not apply; the same applies hereinafter in this paragraph) for each child who, at the time the spouse acquired the right to receive the survivors' basic pension, fell under the requirement prescribed in Article 37-2, paragraph (1) and shared a livelihood with that person (for up to two of them, the amount obtained by multiplying 224,700 yen by the revision rate for each; if a fraction of less than 50 yen arises in those amounts, it is to be rounded down, and if a fraction of 50 yen or more but less than 100 yen arises, it is to be rounded up to 100 yen).
When a child who was an unborn child at the time the spouse acquired the right to receive the survivors' basic pension is born, for the purposes of applying the provisions of the preceding paragraph, that child is deemed to be a child who, at the time the spouse acquired that right, fell under the requirement prescribed in Article 37-2, paragraph (1) and shared a livelihood with that person, and the amount of the survivors' basic pension is revised from the month following the month in which the day of that birth falls.
With respect to a survivors' basic pension paid to the spouse, where there are two or more children prescribed in paragraph (1), when one or two or more of the children excluding one of them come to fall under any of the following items, the amount of the pension is revised, according to the number of children who have come to fall under it, from the month following the month in which the day of coming to fall under it falls.
When the child has married (including a case of being, without notification of marriage having been made, in circumstances equivalent to a de facto marital relationship; the same applies hereinafter);
婚姻(届出をしていないが、事実上婚姻関係と同様の事情にある場合を含む。以下同じ。)をしたとき。
Article 39, paragraph (3), item (iii)
When the child has become the adopted child (including a person who, without notification of adoption having been made, is in circumstances equivalent to a de facto adoptive relationship; the same applies hereinafter) of a person other than the spouse;
When the child has ceased to be the child of the deceased insured person or person who was an insured person as a result of dissolution of adoption;
離縁によつて、死亡した被保険者又は被保険者であつた者の子でなくなつたとき。
Article 39, paragraph (3), item (v)
When the child has ceased to share a livelihood with the spouse;
配偶者と生計を同じくしなくなつたとき。
Article 39, paragraph (3), item (vi)
When the first March 31 on or after the day of reaching 18 years of age has ended; provided, however, that this excludes a case where the child is in a state of disability falling under the disability grade;
When, with respect to a child in a state of disability falling under the disability grade, that circumstance has ceased; provided, however, that this excludes a case where the child is in the period up to the first March 31 on or after the day of reaching 18 years of age;
The amount of the survivors' basic pension paid to a child is, when there are two or more children who have acquired the right to receive the survivors' basic pension with respect to the death of that insured person or person who was an insured person, notwithstanding the provisions of Article 38, the amount obtained by dividing, by the number of those children, the amount obtained by adding, to the amount specified in that Article, the amount obtained by multiplying 74,900 yen by the revision rate (meaning the revision rate as revised on the assumption that the provisions of Article 27-3 and Article 27-5 do not apply; the same applies hereinafter in this paragraph) for each of those children excluding one of them (for one of them, the amount obtained by multiplying 224,700 yen by the revision rate; if a fraction of less than 50 yen arises in those amounts, it is to be rounded down, and if a fraction of 50 yen or more but less than 100 yen arises, it is to be rounded up to 100 yen).
In the case referred to in the preceding paragraph, when there is an increase or decrease in the number of children who hold the right to receive the survivors' basic pension, the amount of the survivors' basic pension is revised from the month following the month in which the day of that increase or decrease falls.
The right to receive a survivors' basic pension is extinguished when the person entitled to receive it comes to fall under any of the following items.
遺族基礎年金の受給権は、受給権者が次の各号のいずれかに該当するに至つたときは、消滅する。
Article 40, paragraph (1), item (i)
When the person has died;
死亡したとき。
Article 40, paragraph (1), item (ii)
When the person has married;
婚姻をしたとき。
Article 40, paragraph (1), item (iii)
When the person has become an adopted child (excluding a case of becoming the adopted child of a lineal relative by blood or a lineal relative by affinity).
養子となつたとき(直系血族又は直系姻族の養子となつたときを除く。)。
Article 40, paragraph (2)
A spouse's right to receive a survivors' basic pension is extinguished, in addition to under the preceding paragraph, when the child prescribed in Article 39, paragraph (1) comes to fall under any of the items of paragraph (3) of that Article — that child, if there is one child prescribed in that paragraph, or, if there are two or more, all of them, whether at the same time or at different times.
A child's right to receive a survivors' basic pension is extinguished, in addition to under paragraph (1), when the child comes to fall under any of the following items.
When the child ceases, by dissolution of adoption, to be a child of the insured person who died or of the person who had been an insured person;
離縁によつて、死亡した被保険者又は被保険者であつた者の子でなくなつたとき。
Article 40, paragraph (3), item (ii)
When the first March 31 after the day on which the child reaches 18 years of age has ended; provided, however, that this does not apply where the child is in a state of disability falling under a disability grade;
When, with respect to a child in a state of disability falling under a disability grade, that condition has ceased; 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 18 years of age;
Where compensation for surviving family under the provisions of the Labor Standards Act is to be paid in respect of the death of the insured person or the person who had been an insured person concerned, payment of the survivors' basic pension is suspended for six years from the date of death.
Payment of a survivors' basic pension to a child is suspended during the period in which the spouse has the right to receive a survivors' basic pension (excluding a case where payment of the survivors' basic pension to the spouse is suspended under Article 20-2, paragraph (1) or (2), or under paragraph (1) of the following Article), or in which there is a father or mother of the child who shares a livelihood with the child.
Where the whereabouts of a spouse have been unknown for one year or more, payment of the survivors' basic pension to the spouse is suspended, upon the application of a child having the right to receive a survivors' basic pension, retroactively to the time when the whereabouts became unknown.
The spouse may apply at any time for the cancellation of the suspension of payment under the preceding paragraph.
配偶者は、いつでも、前項の規定による支給の停止の解除を申請することができる。
Article 42第四十二条
Article 42, paragraph (1)
Where there are two or more children having the right to receive a survivors' basic pension, and the whereabouts of one or more of the children have been unknown for one year or more, payment of the survivors' basic pension to that child is suspended, upon the application of another child, retroactively to the time when the whereabouts became unknown.
A child whose payment of a survivors' basic pension has been suspended under the preceding paragraph may apply at any time for the cancellation of the suspension of payment.
The provisions of Article 39-2, paragraph (2) apply mutatis mutandis where payment of a survivors' basic pension is suspended under paragraph (1), or where the suspension is canceled under the preceding paragraph. In this case, the term "day on which the increase or decrease occurred" in paragraph (2) of that Article is deemed to be replaced with "day on which the payment was suspended or the suspension was canceled".
Section 5 Additional Pension, Widow's Pension, and Death Lump-Sum Payment第五節 付加年金、寡婦年金及び死亡一時金
Subsection 1 Additional Pension第一款 付加年金
Article 43第四十三条
Requirements for Payment(支給要件)
Article 43, paragraph (1)
The additional pension is paid to a person having a premium-paid period relating to the premium under Article 87-2, paragraph (1), when that person acquires the right to receive an old-age basic pension.
The amount of the additional pension is the amount obtained by multiplying 200 yen by the number of months of premium-paid periods relating to the premium under Article 87-2, paragraph (1).
Treatment in the Case of Dissolution of a National Pension Fund or the National Pension Fund Association(国民年金基金又は国民年金基金連合会の解散の場合の取扱い)
Article 45, paragraph (1)
When a National Pension Fund or the National Pension Fund Association is dissolved, the provisions of the preceding two Articles apply by deeming the periods listed in the following items to be, respectively, premium-paid periods relating to the premium under Article 87-2, paragraph (1).
The period during which the person was a member of the National Pension Fund, relating to contributions paid before that dissolution, excluding the period that forms the basis for calculating the amount of the pension for whose payment the National Pension Fund Association is obligated (limited to a period that is a premium-paid period relating to the premium under Article 87);
The period during which the person was a member of the National Pension Fund forming the basis for calculating the amount of the pension for whose payment the National Pension Fund Association relating to that dissolution was obligated, relating to contributions paid (limited to a period that is a premium-paid period relating to the premium under Article 87).
In the case referred to in the preceding paragraph, if the National Pension Fund, or the National Pension Fund Association that was obligated to pay the pension to the person who had been a member of the National Pension Fund, is dissolved after that person acquired the right to receive the additional pension, the amount of that additional pension is revised from the month following the month in which the National Pension Fund or the National Pension Fund Association was dissolved.
In the case referred to in paragraph (1), where the National Pension Fund, or the National Pension Fund Association that was obligated to pay the pension to the person who had been a member of the National Pension Fund, is dissolved after that person acquired the right to receive the old-age basic pension (excluding a case falling under the preceding paragraph), for the purpose of applying the provisions of Article 43 to that person, the term "acquires the right to receive the old-age basic pension" in that Article is deemed to be replaced with "the National Pension Fund of which the person was a member, or the National Pension Fund Association that was obligated to pay the pension to the person, is dissolved".
Notwithstanding Article 18, paragraph (1), where the person entitled to receive a benefit has made the request for deferment of payment prescribed in Article 28, paragraph (1) (including a request deemed to have been made under paragraph (1) of that Article pursuant to paragraph (5) of that Article), payment of the additional pension is to begin from the month following the month that contains the day on which that request was made.
The provisions of Article 28, paragraph (4) apply mutatis mutandis to the amount of the additional pension paid under the preceding paragraph. In this case, the term "Article 27" in paragraph (4) of that Article is deemed to be replaced with "Article 44".
Where payment of the old-age basic pension is suspended in its entirety, payment of the additional pension is suspended during that period.
付加年金は、老齢基礎年金がその全額につき支給を停止されているときは、その間、その支給を停止する。
Article 48第四十八条
Forfeiture of Right(失権)
Article 48, paragraph (1)
The right to receive the additional pension is extinguished when the person entitled to receive it dies.
付加年金の受給権は、受給権者が死亡したときは、消滅する。
Subsection 2 Widow's Pension第二款 寡婦年金
Article 49第四十九条
Requirements for Payment(支給要件)
Article 49, paragraph (1)
The widow's pension is paid to a wife under 65 years of age who was maintained by her husband's livelihood at the time of the husband's death and whose marital relationship with the husband (including a case where no notification has been made but the circumstances are the same as a de facto marital relationship) had continued for 10 years or more, if there is such a wife, in the case where a husband dies who, as of the day preceding the date of death, has a period of 10 years or more combining the premium-paid period and the premium exemption period relating to the insured period as a category 1 insured person up to the month preceding the month that contains the date of death (limited to a person having a premium-paid period, or a premium exemption period other than a period relating to a premium not required to be paid under Article 90-3, paragraph (1)); provided, however, that this does not apply where the husband who died had ever received payment of an old-age basic pension or a disability basic pension.
The provisions of Article 37-2, paragraph (3) apply mutatis mutandis to the case referred to in the preceding paragraph. In this case, the term "insured person or person who had been an insured person" in paragraph (3) of that Article is deemed to be replaced with "husband".
Notwithstanding Article 18, paragraph (1), payment of the widow's pension paid to a wife under 60 years of age begins from the month following the month that contains the day on which the wife reaches 60 years of age.
The amount of the widow's pension is the amount equivalent to three-quarters of the amount calculated, in accordance with Article 27, in respect of the premium-paid period and the premium exemption period, as of the day preceding the date of death, relating to the insured period as a category 1 insured person up to the month preceding the month that contains the date of death.
The right to receive the widow's pension is extinguished when the person entitled to receive it reaches 65 years of age, or when that person comes to fall under any of the items of Article 40, paragraph (1).
Where the benefit prescribed in Article 41, paragraph (1) is to be paid in respect of the death of the husband concerned, payment of the widow's pension is suspended for six years from the date of death.
The death lump-sum payment is paid to the surviving family members, in the case where a person dies whose number of months, as of the day preceding the date of death, combining the number of months of premium-paid periods, three-quarters of the number of months of the one-quarter premium exemption period, one-half of the number of months of half premium exemption periods, and one-quarter of the number of months of the three-quarter premium exemption period, relating to the insured period as a category 1 insured person up to the month preceding the month that contains the date of death, is 36 months or more, if that person has surviving family members; provided, however, that this does not apply where the person who died had ever received payment of an old-age basic pension or a disability basic pension.
Notwithstanding the preceding paragraph, the death lump-sum payment is not paid when it falls under any of the following items.
前項の規定にかかわらず、死亡一時金は、次の各号のいずれかに該当するときは、支給しない。
Article 52-2, paragraph (2), item (i)
When, on the date of death of the person who died, there is a person who is able to receive a survivors' basic pension by reason of that person's death; provided, however, that this does not apply where the right to receive that survivors' basic pension was extinguished in the month that contains that date of death;
When there is a child who was an unborn child on the date of death of the person who died, and, on the day on which that child who had been an unborn child was born, that child or the spouse of the person who died has come to be able to receive a survivors' basic pension by reason of the death of the person who died; provided, however, that this does not apply where the right to receive that survivors' basic pension was extinguished in the month that contains the day on which that child who had been an unborn child was born.
The provisions of the preceding paragraph do not apply where a child of the person who died prescribed in paragraph (1) has acquired the right to receive a survivors' basic pension by reason of that person's death (excluding a case where the spouse of that person has acquired the right to receive a survivors' basic pension by reason of that person's death), and payment of that survivors' basic pension is suspended under Article 41, paragraph (2) because there is a father or mother of the child who shares a livelihood with the child at the time the right to receive it was acquired.
Scope of Surviving Family Members and Their Order, etc.(遺族の範囲及び順位等)
Article 52-3, paragraph (1)
The surviving family members who are able to receive the death lump-sum payment are the spouse, children, parents, grandchildren, grandparents, or siblings of the person who died, who shared a livelihood with that person at the time of that person's death; provided, however, that the surviving family member who is able to receive the death lump-sum payment paid in a case falling under paragraph (3) of the preceding Article is the spouse of the person who died, who shared a livelihood with that person at the time of that person's death.
The order of the persons who are to receive the death lump-sum payment (excluding one prescribed in the proviso to the preceding paragraph; the same applies in the following paragraph) is in accordance with the order prescribed in the preceding paragraph.
When there are two or more surviving family members of the same order who are to receive the death lump-sum payment, a claim made by one of them is deemed to have been made by all of them for the entire amount, and payment made to one of them is deemed to have been made to all of them.
The amount of the death lump-sum payment is the amount specified in the right-hand column of the following table according to the number of months, as of the day preceding the date of death, combining the number of months of premium-paid periods, three-quarters of the number of months of the one-quarter premium exemption period, one-half of the number of months of half premium exemption periods, and one-quarter of the number of months of the three-quarter premium exemption period, relating to the insured period as a category 1 insured person up to the month preceding the month that contains the date of death.
The number of months, as of the day preceding the date of death, combining the number of months of premium-paid periods, three-quarters of the number of months of the one-quarter premium exemption period, one-half of the number of months of half premium exemption periods, and one-quarter of the number of months of the three-quarter premium exemption period, relating to the insured period up to the month preceding the month that contains the date of death
Notwithstanding the preceding paragraph, the amount of the death lump-sum payment paid to the surviving family members of a person whose premium-paid period relating to the premium under Article 87-2, paragraph (1), as of the day preceding the date of death, relating to the insured period as a category 1 insured person up to the month preceding the month that contains the date of death, is three years or more, is the amount specified in that paragraph plus 8,500 yen.
The provisions of Article 45, paragraph (1) apply mutatis mutandis to the death lump-sum payment. In this case, the term "the preceding two Articles" in that paragraph is deemed to be replaced with "Article 52-4, paragraph (2)".
Where a person who receives payment of the death lump-sum payment under Article 52-3 is able to receive the widow's pension by reason of the death of the person prescribed in Article 52-2, paragraph (1), one of the death lump-sum payment and the widow's pension is paid, at that person's choice, and the other is not paid.
With respect to the disability of a person who has intentionally caused the disability or the accident that was its direct cause, the disability basic pension for which that disability is the ground for payment is not paid.
With respect to the disability of a person who has caused the disability or the accident that was its cause, or has increased the degree of disability, by an intentional criminal act or gross negligence, or by failing, without justifiable grounds, to comply with instructions concerning medical treatment, payment of the benefit for which that disability is the ground for payment may be withheld in whole or in part. The same applies to the death of a person who has caused that person's own death or the accident that was its cause by an intentional criminal act or gross negligence, or by failing, without justifiable grounds, to comply with instructions concerning medical treatment.
The survivors' basic pension, the widow's pension, or the death lump-sum payment is not paid to a person who has intentionally caused the death of the insured person or the person who had been an insured person. The same applies to a person who, before the death of the insured person or the person who had been an insured person, has intentionally caused the death of a person who was to become a person entitled to receive the survivors' basic pension or the death lump-sum payment by reason of that person's death.
The right to receive the survivors' basic pension is extinguished when the person entitled to receive it has intentionally caused the death of another person entitled to receive it.
遺族基礎年金の受給権は、受給権者が他の受給権者を故意に死亡させたときは、消滅する。
Article 72第七十二条
Article 72, paragraph (1)
Payment of a pension benefit may be suspended, in whole or in part of its amount, where it falls under any of the following items.
When the person entitled to receive it has, without justifiable grounds, failed to comply with an order under Article 107, paragraph (1), or failed to respond to questions of the relevant official under that paragraph;
When the person entitled to receive the disability basic pension, or a child prescribed in Article 107, paragraph (2), has, without justifiable grounds, failed to comply with an order under that paragraph, or refused a diagnosis of the relevant official under that paragraph.
Where the person entitled to receive it has, without justifiable grounds, failed to make the notification under Article 105, paragraph (3), or failed to submit documents or other articles, payment of the pension benefit may be temporarily withheld.
Chapter IV Measures for Ensuring the Smooth Implementation of the National Pension Program第四章 国民年金事業の円滑な実施を図るための措置
Article 74第七十四条
Article 74, paragraph (1)
The government may, in order to ensure the smooth implementation of the National Pension program, carry out the following services in relation to the National Pension.
政府は、国民年金事業の円滑な実施を図るため、国民年金に関し、次に掲げる事業を行うことができる。
Article 74, paragraph (1), item (i)
Carrying out education and public relations;
教育及び広報を行うこと。
Article 74, paragraph (1), item (ii)
Providing consultation and other assistance to insured persons, persons entitled to receive a benefit, and other relevant parties (hereinafter referred to in this Article as "insured persons, etc.");
Providing insured persons, etc. with information concerning procedures carried out by insured persons, etc., and other information that contributes to improving the convenience of insured persons, etc.
The government is to operate an electronic data processing system in order to smoothly process the affairs necessary for the implementation of the National Pension program and to contribute to improving the convenience of insured persons, etc.
The government may have the Japan Pension Service (hereinafter referred to as the "Service") carry out all or part of the services listed in the items of paragraph (1) and the operation prescribed in the preceding paragraph.
Chapter V Investment of the Reserve Fund第五章 積立金の運用
Article 75第七十五条
Purpose of Investment(運用の目的)
Article 75, paragraph (1)
Investment of the reserve fund is to be carried out, with particular attention to the fact that the reserve fund is part of the premiums collected from the insured persons of the National Pension and constitutes a valuable source of funds for future benefits, safely and efficiently, from a long-term perspective, solely for the benefit of the insured persons of the National Pension, for the purpose of contributing to the stability of the administration of the National Pension program into the future.
Investment of the reserve fund is to be carried out by the Minister of Health, Labour and Welfare depositing the reserve fund with the Government Pension Investment Fund, Independent Administrative Agency, for the purpose of the payment based on investment in accordance with the purpose set out in the preceding Article.
Notwithstanding the preceding paragraph, the Minister of Health, Labour and Welfare may deposit the reserve fund with the Fiscal Loan Fund until the deposit under that paragraph is made.
An official of the Ministry of Health, Labour and Welfare who is engaged in the administrative affairs relating to investment of the reserve fund (limited to a person specified by Cabinet Order; hereinafter referred to as "investment staff") must perform their duties with prudent and meticulous care and to the best of their ability, in line with the purpose of investment of the reserve fund.
Investment staff must not divulge or misappropriate any secret that has come to their knowledge in the course of their duties.
運用職員は、その職務に関して知り得た秘密を漏らし、又は盗用してはならない。
Article 79第七十九条
Disciplinary Action(懲戒処分)
Article 79, paragraph (1)
When it is found that a member of the investment staff has violated the provisions of the preceding Article, the Minister of Health, Labour and Welfare must take disciplinary action against that official under the National Public Service Act (Act No. 120 of 1947).
Relationship with the Act on the Government Pension Investment Fund, Independent Administrative Agency(年金積立金管理運用独立行政法人法との関係)
Article 80, paragraph (1)
Beyond what is provided in this Act, investment of the reserve fund is governed by the Act on the Government Pension Investment Fund, Independent Administrative Agency (Act No. 105 of 2004).
The national treasury bears, each fiscal year, the amounts listed below, in order to cover the expenses required for the National Pension program (excluding the expenses prescribed in the following paragraph).
The amount equivalent to one-half of the amount obtained by multiplying the amount obtained by deducting, from the total amount of expenses required for the basic pension benefit (meaning the old-age basic pension, the disability basic pension, and the survivors' basic pension; the same applies below) for the relevant fiscal year (excluding the amounts listed in the following item and item (iii); hereinafter referred to as the "amount subject to premium and contribution calculation"), the amount calculated based on the numbers of months prescribed in Article 27, items (iii), (v) and (vii), by the rate obtained by deducting, from 1, the sum of the rates calculated, for each government and implementing body, as specified by Cabinet Order under Article 94-3, paragraph (1);
The total of the amounts obtained by multiplying the amount of expenses required for the old-age basic pension benefit (limited to one whose amount is calculated under the proviso to Article 27) relating to a person having a premium exemption period for the relevant fiscal year, by the number obtained by dividing the number listed in (a) by the number listed in (b);
The number obtained by adding together the numbers listed below:
次に掲げる数を合算した数
Article 85, paragraph (1), item (ii), (a), (1)
The number obtained by multiplying the number of months of the relevant one-quarter premium exemption period (limited to the number of months obtained by deducting the relevant number of months of premium-paid periods from 480) by one-eighth;
The number obtained by multiplying the relevant number of months of half premium exemption periods (limited to the number of months obtained by deducting, from 480, the total of the relevant number of months of premium-paid periods and the number of months of the relevant one-quarter premium exemption period) by one-quarter;
The number obtained by multiplying the number of months of the relevant three-quarter premium exemption period (limited to the number of months obtained by deducting, from 480, the total of the relevant number of months of premium-paid periods, the number of months of the relevant one-quarter premium exemption period, and the relevant number of months of half premium exemption periods) by three-eighths;
The number obtained by multiplying the number of months of the relevant full premium exemption period (excluding one relating to a premium not required to be paid under Article 90-3, paragraph (1)) (limited to the number of months obtained by deducting, from 480, the total of the relevant number of months of premium-paid periods, the number of months of the relevant one-quarter premium exemption period, the relevant number of months of half premium exemption periods, and the number of months of the relevant three-quarter premium exemption period) by one-half.
The number obtained by adding together the numbers of months listed in the items of Article 27.
第二十七条各号に掲げる月数を合算した数
Article 85, paragraph (1), item (iii)
The amount equivalent to 20 percent of the expenses required for the disability basic pension benefit under Article 30-4 for the relevant fiscal year.
当該年度における第三十条の四の規定による障害基礎年金の給付に要する費用の百分の二十に相当する額
Article 85, paragraph (2)
The national treasury bears, each fiscal year, within the scope of the budget, the expenses required for the execution of the affairs of the National Pension program.
国庫は、毎年度、予算の範囲内で、国民年金事業の事務の執行に要する費用を負担する。
Article 86第八十六条
Grant of Administrative Expenses(事務費の交付)
Article 86, paragraph (1)
The government grants to municipalities (including special wards; the same applies below), as specified by Cabinet Order, the expenses necessary for the processing of affairs carried out by mayors of municipalities under this Act or a Cabinet Order based on this Act.
The government collects premiums in order to cover the expenses required for the National Pension program.
政府は、国民年金事業に要する費用に充てるため、保険料を徴収する。
Article 87, paragraph (2)
Premiums are to be collected for each month that forms the basis for calculating the insured period.
保険料は、被保険者期間の計算の基礎となる各月につき、徴収するものとする。
Article 87, paragraph (3)
The amount of the premium is the amount obtained by multiplying the amount specified in the right-hand column of the following table, for the months listed in the corresponding entry in the left-hand column of that table, by the premium revision rate (if a fraction of less than 5 yen results, it is rounded down; if a fraction of 5 yen or more but less than 10 yen results, it is rounded up to 10 yen).
The month falling in fiscal year 2005
13,580 yen
The month falling in fiscal year 2006
13,860 yen
The month falling in fiscal year 2007
14,140 yen
The month falling in fiscal year 2008
14,420 yen
The month falling in fiscal year 2009
14,700 yen
The month falling in fiscal year 2010
14,980 yen
The month falling in fiscal year 2011
15,260 yen
The month falling in fiscal year 2012
15,540 yen
The month falling in fiscal year 2013
15,820 yen
The month falling in fiscal year 2014
16,100 yen
The month falling in fiscal year 2015
16,380 yen
The month falling in fiscal year 2016
16,660 yen
The month falling in fiscal year 2017 or fiscal year 2018
16,900 yen
The month falling in fiscal year 2019 or a later fiscal year
The premium revision rate under the preceding paragraph for fiscal year 2005 is 1.
平成十七年度における前項の保険料改定率は、一とする。
Article 87, paragraph (5)
The premium revision rate under paragraph (3) is revised each fiscal year based on the rate obtained by multiplying the premium revision rate for the fiscal year preceding the relevant fiscal year by the rate listed below, and applies to the premium for the month falling in the relevant fiscal year.
The ratio of the price index for the year two years before the year that contains the first day of the relevant fiscal year, to the price index for the year three years before the year that contains the first day of the relevant fiscal year;
The rate that is the cube root of the rate obtained by dividing the rate listed in (a) by the rate listed in (b).
イに掲げる率をロに掲げる率で除して得た率の三乗根となる率
Article 87, paragraph (5), item (ii), (a)
The ratio of the average standard remuneration relating to insured persons of Employees' Pension Insurance for the fiscal year that contains April 1 of the year three years before the year that contains the first day of the relevant fiscal year, to the average standard remuneration relating to insured persons of Employees' Pension Insurance for the fiscal year that contains April 1 of the year six years before the year that contains the first day of the relevant fiscal year;
The ratio of the price index for the year three years before the year that contains the first day of the relevant fiscal year, to the price index for the year six years before the year that contains the first day of the relevant fiscal year.
Measures for revision of the premium revision rate under the preceding paragraph are specified by Cabinet Order.
前項の規定による保険料改定率の改定の措置は、政令で定める。
Article 87-2第八十七条の二
Article 87-2, paragraph (1)
A category 1 insured person (excluding a person who is not required to pay a premium under Article 89, paragraph (1), Article 90, paragraph (1), or Article 90-3, paragraph (1), a person who is not required to pay part of the amount of a premium under Article 90-2, paragraphs (1) through (3), and a member of a National Pension Fund) may, by notifying the Minister of Health, Labour and Welfare, become a person who pays a premium of 400 yen, in addition to the premium in the amount specified in paragraph (3) of the preceding Article, for each month on and after the month that contains the day on which that notification was made.
Payment of a premium under the preceding paragraph may be made only for a month in which the premium in the amount specified in paragraph (3) of the preceding Article was paid (excluding a month in which the premium is deemed to have been paid under Article 94, paragraph (4)), or for each month in the period relating to a premium not required to be paid under Article 88-2 or Article 88-3, paragraph (1) or (2).
A person who has become a person who pays a premium under paragraph (1) may, at any time, by notifying the Minister of Health, Labour and Welfare, cease to be a person who pays a premium under paragraph (1), with respect to the premium for each month on and after the month preceding the month that contains the day on which that notification was made (excluding a premium already paid, and a premium prepaid under Article 93, paragraph (1) (excluding one relating to each month on and after the month that contains the day on which the person became a member of a National Pension Fund)).
When a person who has become a person who pays a premium under paragraph (1) becomes a member of a National Pension Fund, that person is deemed to have made the request under the preceding paragraph on the day on which the person became a member.
The head of household bears a joint and several obligation to pay the premiums of an insured person belonging to that household.
世帯主は、その世帯に属する被保険者の保険料を連帯して納付する義務を負う。
Article 88, paragraph (3)
One of a pair of spouses bears a joint and several obligation to pay the premium of the other, who is an insured person.
配偶者の一方は、被保険者たる他方の保険料を連帯して納付する義務を負う。
Article 88-2第八十八条の二
Article 88-2, paragraph (1)
An insured person is not required to pay the premium for the period from the month preceding the month that contains the expected date of childbirth (in a case specified by Ministerial Order, the date of childbirth; referred to as the "expected date of childbirth" in paragraph (1) of the following Article, Article 106, paragraph (1), and Article 108, paragraph (2)) (hereinafter in this Article referred to as the "month of expected childbirth") (in the case of a multiple pregnancy, the third month before the month of expected childbirth) to the second month following the month of expected childbirth.
Where an insured person to whom the provisions of the preceding Article applied raises a child in connection with the childbirth referred to in that Article, the premium for the period from the month containing the day on which three months have passed from the expected date of childbirth until the month preceding the month containing the day following the day on which twelve months have passed from the expected date of childbirth (or, if the child has died, or an event specified by Order of the Ministry of Health, Labour and Welfare as an event on account of which the insured person has come to no longer raise the child has arisen, by the day preceding that day, the day following the day on which that event arose) (excluding a period during which the provisions of that Article apply in connection with a child other than that child) is not required to be paid.
An insured person (excluding an insured person prescribed in the preceding paragraph) is not required to pay the premium for the period from the month containing the day on which that person came to raise that person's child (including a child for whom the insured person has requested a family court, under Article 817-2, paragraph (1) of the Civil Code (Act No. 89 of 1896), for the formation of the special adoption relationship prescribed in that paragraph between that child and the insured person (limited to a case where the domestic relations case pertaining to that request is pending in a court) and whom the insured person actually takes care of, a child entrusted, under Article 27, paragraph (1) (limited to the part pertaining to item (iii)) of the Child Welfare Act (Act No. 164 of 1947), to an insured person who is a foster parent for adoption prescribed in Article 6-4, item (ii) of that Act, and a person entrusted, as specified by Order of the Ministry of Health, Labour and Welfare, to an insured person specified by Order of the Ministry of Health, Labour and Welfare as a person equivalent to these insured persons; hereinafter the same applies in this paragraph, Article 106, paragraph (1), and Article 108, paragraph (2)) until the month preceding the month containing the day following the day on which that child reaches one year of age (or, if the child has died, or an event specified by Order of the Ministry of Health, Labour and Welfare as an event on account of which the insured person has come to no longer raise the child has arisen, by the day preceding the day on which the child reaches one year of age, the day on which that event arose) (excluding a period during which the provisions of the preceding Article apply in connection with a child other than that child).
The amount equivalent to the premiums that are not required to be paid under the preceding two paragraphs is to be, as specified by Cabinet Order, made up for by the child and child-rearing support contribution collected by the government under the Act on Support for Children and Child-rearing (Act No. 65 of 2012).
When an insured person (excluding an insured person to whom Article 88-2, the preceding Article, paragraphs (1) and (2), and Article 90-2, paragraphs (1) through (3), apply) comes to fall under any of the following items, the insured person is not required to pay the premium, excluding a premium already paid, for the period from the month preceding the month that contains the day on which the person came to fall under that item to the month that contains the day on which the person ceases to fall under it.
When the person is entitled to receive a disability basic pension, or a benefit paid as a pension under the Employees' Pension Insurance Act for which disability is the ground for payment, or another benefit for which disability is the ground for payment that is specified by Cabinet Order (excluding a person entitled to receive the disability basic pension for whom three years have passed, counting from the day on which the person last ceased to be in a state of disability falling under the disability grade prescribed in Article 47, paragraph (2) of that Act (hereinafter in this item referred to as "state of disability"), without falling under a state of disability (limited to a person who is not currently in a state of disability), and any other person specified by Cabinet Order);
When the person receives livelihood assistance under the Public Assistance Act (Act No. 144 of 1950), or other assistance specified by Ministerial Order;
When, in addition to what is listed in the preceding two items, the person is admitted to a facility specified by Ministerial Order.
前二号に掲げるもののほか、厚生労働省令で定める施設に入所しているとき。
Article 89, paragraph (2)
With respect to a premium that is not required to be paid under the preceding paragraph, where an insured person or a person who had been an insured person (referred to as "insured persons, etc." in the following Article through Article 90-3) has made a request to pay the premium for each month in the period relating to that premium, the provisions of that paragraph do not apply, limited to the premium for the period for which that request was made.
Where a request is made by an insured person, etc. who falls under any of the following items, the Minister of Health, Labour and Welfare may provide that the premium for the period the Minister designates (excluding a period to which paragraphs (1) through (3) of the following Article apply, and a period during which the person is, or has been, a high school student prescribed in Article 50 of the School Education Act (Act No. 26 of 1947), a university student prescribed in Article 83 of that Act, or another pupil or student specified by Cabinet Order (hereinafter referred to as "students")) is not required to be paid, excluding a premium already paid, and may, on and after the day on which the request was made, count the period relating to that premium as a full premium exemption period prescribed in Article 5, paragraph (3) (excluding, where a retroactive payment has been made under Article 94, paragraph (1), the period relating to that retroactive payment); provided, however, that this does not apply where neither the head of household nor the spouse falls under any of the following items.
When the income for the year preceding the year that contains the month for which the premium is to be treated as not required to be paid (for the premium for the months from January to the month specified by Ministerial Order, the income for the year before the preceding year; the same applies below in this Chapter) is equal to or less than the amount specified by Cabinet Order according to whether the person has dependents and similar persons and their number;
When the insured person, or another member of the household to which the insured person belongs, receives assistance other than livelihood assistance under the Public Assistance Act, or other assistance specified by Ministerial Order;
When the person is a person with a disability, a widow, or another person specified by Cabinet Order as a person on whom the municipal inhabitant tax is not imposed under the provisions of the Local Tax Act (Act No. 226 of 1950), as prescribed in that Act, and the income for the year preceding the year that contains the month for which the premium is to be treated as not required to be paid is equal to or less than the amount specified by Cabinet Order;
When there is a natural disaster or other cause specified by Ministerial Order as a case where payment of the premium is extremely difficult.
保険料を納付することが著しく困難である場合として天災その他の厚生労働省令で定める事由があるとき。
Article 90, paragraph (2)
When a disposition is made under the preceding paragraph, for the purpose of applying the provisions concerning the requirements for payment and the amount of a pension benefit, that disposition is deemed to have been made on the day on which the request was made.
Where an insured person who has received a disposition under paragraph (1) requests the rescission of that disposition, the Minister of Health, Labour and Welfare may rescind that disposition with respect to the premium for each month on and after the month preceding the month that contains the day on which that request was made.
The scope of the income prescribed in paragraph (1), items (i) and (iii), and the method of calculating its amount, are specified by Cabinet Order.
第一項第一号及び第三号に規定する所得の範囲及びその額の計算方法は、政令で定める。
Article 90-2第九十条の二
Article 90-2, paragraph (1)
Where a request is made by an insured person, etc. who falls under any of the following items, the Minister of Health, Labour and Welfare may provide that three-quarters of the premium for the period the Minister designates (excluding a period to which paragraph (1) of the preceding Article or the following paragraph or paragraph (3) applies, and a period during which the person is, or has been, a student) is not required to be paid, excluding a premium already paid, and may, on and after the day on which the request was made, count the period relating to that premium as a three-quarter premium exemption period prescribed in Article 5, paragraph (4) (excluding, where a retroactive payment has been made under Article 94, paragraph (1), the period relating to that retroactive payment); provided, however, that this does not apply where neither the head of household nor the spouse falls under any of the following items.
When the income for the year preceding the year that contains the month for which the premium is to be treated as not required to be paid is equal to or less than the amount specified by Cabinet Order according to whether the person has dependents and similar persons and their number;
When the person falls under item (ii) or (iii) of paragraph (1) of the preceding Article;
前条第一項第二号及び第三号に該当するとき。
Article 90-2, paragraph (1), item (iii)
When there is a natural disaster or other cause specified by Ministerial Order as a case where payment of the premium is extremely difficult.
保険料を納付することが著しく困難である場合として天災その他の厚生労働省令で定める事由があるとき。
Article 90-2, paragraph (2)
Where a request is made by an insured person, etc. who falls under any of the following items, the Minister of Health, Labour and Welfare may provide that half of the premium for the period the Minister designates (excluding a period to which paragraph (1) of the preceding Article or the preceding paragraph or the following paragraph applies, and a period during which the person is, or has been, a student) is not required to be paid, excluding a premium already paid, and may, on and after the day on which the request was made, count the period relating to that premium as a half premium exemption period prescribed in Article 5, paragraph (5) (excluding, where a retroactive payment has been made under Article 94, paragraph (1), the period relating to that retroactive payment); provided, however, that this does not apply where neither the head of household nor the spouse falls under any of the following items.
When the income for the year preceding the year that contains the month for which the premium is to be treated as not required to be paid is equal to or less than the amount specified by Cabinet Order according to whether the person has dependents and similar persons and their number;
When the person falls under item (ii) or (iii) of paragraph (1) of the preceding Article;
前条第一項第二号及び第三号に該当するとき。
Article 90-2, paragraph (2), item (iii)
When there is a natural disaster or other cause specified by Ministerial Order as a case where payment of the premium is extremely difficult.
保険料を納付することが著しく困難である場合として天災その他の厚生労働省令で定める事由があるとき。
Article 90-2, paragraph (3)
Where a request is made by an insured person, etc. who falls under any of the following items, the Minister of Health, Labour and Welfare may provide that one-quarter of the premium for the period the Minister designates (excluding a period to which paragraph (1) of the preceding Article or the preceding two paragraphs applies, and a period during which the person is, or has been, a student) is not required to be paid, excluding a premium already paid, and may, on and after the day on which the request was made, count the period relating to that premium as a one-quarter premium exemption period prescribed in Article 5, paragraph (6) (excluding, where a retroactive payment has been made under Article 94, paragraph (1), the period relating to that retroactive payment); provided, however, that this does not apply where neither the head of household nor the spouse falls under any of the following items.
When the income for the year preceding the year that contains the month for which the premium is to be treated as not required to be paid is equal to or less than the amount specified by Cabinet Order according to whether the person has dependents and similar persons and their number;
When the person falls under item (ii) or (iii) of paragraph (1) of the preceding Article;
前条第一項第二号及び第三号に該当するとき。
Article 90-2, paragraph (3), item (iii)
When there is a natural disaster or other cause specified by Ministerial Order as a case where payment of the premium is extremely difficult.
保険料を納付することが著しく困難である場合として天災その他の厚生労働省令で定める事由があるとき。
Article 90-2, paragraph (4)
The provisions of paragraph (3) of the preceding Article apply mutatis mutandis where an insured person who has received a disposition under the preceding three paragraphs requests the rescission of that disposition.
The scope of the income prescribed in paragraph (1), item (i), paragraph (2), item (i), and paragraph (3), item (i), and the method of calculating its amount, are specified by Cabinet Order.
If a fraction of less than 5 yen results in the remaining amount, other than the part of the amount that is not required to be paid under paragraphs (1) through (3), it is rounded down, and if a fraction of 5 yen or more but less than 10 yen results, it is rounded up to 10 yen.
Where a request is made by an insured person who is a student, or an insured person, etc. who has been a student, who falls under any of the following items, the Minister of Health, Labour and Welfare may provide that the premium for the period the Minister designates (limited to a period during which the person is, or has been, a student) is not required to be paid, excluding a premium already paid, and may, on and after the day on which the request was made, count the period relating to that premium as a full premium exemption period prescribed in Article 5, paragraph (3) (excluding, where a retroactive payment has been made under Article 94, paragraph (1), the period relating to that retroactive payment).
When the income for the year preceding the year that contains the month for which the premium is to be treated as not required to be paid is equal to or less than the amount specified by Cabinet Order according to whether the person has dependents and similar persons and their number;
When the person falls under Article 90, paragraph (1), item (ii) or (iii);
第九十条第一項第二号及び第三号に該当するとき。
Article 90-3, paragraph (1), item (iii)
When there is a natural disaster or other cause specified by Ministerial Order as a case where payment of the premium is extremely difficult.
保険料を納付することが著しく困難である場合として天災その他の厚生労働省令で定める事由があるとき。
Article 90-3, paragraph (2)
The provisions of Article 90, paragraph (2) apply mutatis mutandis to the case referred to in the preceding paragraph.
第九十条第二項の規定は、前項の場合に準用する。
Article 90-3, paragraph (3)
The scope of the income prescribed in paragraph (1), item (i), and the method of calculating its amount, are specified by Cabinet Order.
第一項第一号に規定する所得の範囲及びその額の計算方法は、政令で定める。
Article 91第九十一条
Due Date for Payment of Premiums(保険料の納期限)
Article 91, paragraph (1)
The premium for each month must be paid by the last day of the following month.
毎月の保険料は、翌月末日までに納付しなければならない。
Article 92第九十二条
Notice and Payment of Premiums(保険料の通知及び納付)
Article 92, paragraph (1)
The Minister of Health, Labour and Welfare is to notify insured persons, each fiscal year, of the amount of the premium, the due date for payment, and other matters specified by Ministerial Order, with respect to the premium for each month of each fiscal year.
Beyond what is provided in the preceding paragraph, necessary matters concerning the method of payment of premiums are specified by Cabinet Order.
前項に定めるもののほか、保険料の納付方法について必要な事項は、政令で定める。
Article 92-2第九十二条の二
Payment by Account Transfer(口座振替による納付)
Article 92-2, paragraph (1)
Where an insured person makes a request expressing the wish to have the financial institution holding the person's deposit account or savings account withdraw the deposit or savings and pay the premium with the money withdrawn, by entrusting that financial institution with the task (referred to as "payment by account transfer" in Article 5, paragraph (2) of the Supplementary Provisions), the Minister of Health, Labour and Welfare may approve that request, but only where the payment is found to be reliable, and approving the request is found to be advantageous for the collection of premiums.
An insured person may make a request to the Minister of Health, Labour and Welfare expressing the wish to have a designated proxy payer advance and pay the insured person's premium, by notifying the Minister of the number, symbol, or other code assigned by a person who is found to be capable of properly and reliably carrying out the affairs of advancing and paying the premiums of insured persons, and whom the Minister of Health, Labour and Welfare designates as a person who falls under the requirements specified by Cabinet Order (hereinafter in this Article referred to as a "designated proxy payer").
When the Minister of Health, Labour and Welfare receives the request under the preceding paragraph, the Minister may approve that request, but only where the payment is found to be reliable, and approving the request is found to be advantageous for the collection of premiums.
The procedure for the designation under paragraph (1), and other necessary matters concerning payment by a designated proxy payer, are specified by Ministerial Order.
第一項の指定の手続その他指定代理納付者による納付に関し必要な事項は、厚生労働省令で定める。
Article 92-3第九十二条の三
Entrustment of Payment of Premiums(保険料の納付委託)
Article 92-3, paragraph (1)
The following persons may, upon entrustment by an insured person (in the case of the person listed in item (i), limited to a member of a National Pension Fund), carry out affairs concerning the payment of premiums (hereinafter referred to as "premium payment services").
A National Pension Fund or the National Pension Fund Association;
国民年金基金又は国民年金基金連合会
Article 92-3, paragraph (1), item (ii)
A person who is found to be capable of properly and reliably carrying out premium payment services, and whom the Minister of Health, Labour and Welfare designates as a person who falls under the requirements specified by Cabinet Order.
Where a National Pension Fund or the National Pension Fund Association carries out premium payment services upon entrustment under the preceding paragraph, the term "this Chapter" in Article 145, item (v) is deemed to be replaced with "Article 92-3, paragraph (1) or this Chapter," and, in addition, necessary matters concerning the application of the provisions of this Act are specified by Cabinet Order.
When the Minister of Health, Labour and Welfare makes a designation under paragraph (1), item (ii), the Minister must give public notice of the name and address of the person who received that designation, and the location of the person's office.
A person who has received a designation under paragraph (1), item (ii), must, when intending to change the person's name and address or the location of the person's office, notify the Minister of Health, Labour and Welfare of that fact in advance.
When a notification is made under the preceding paragraph, the Minister of Health, Labour and Welfare must give public notice of the matters relating to that notification.
厚生労働大臣は、前項の規定による届出があつたときは、当該届出に係る事項を公示しなければならない。
Article 92-4第九十二条の四
Article 92-4, paragraph (1)
When an insured person delivers a premium, based on the entrustment under paragraph (1) of the preceding Article, to a person listed in the items of that paragraph who carries out premium payment services (hereinafter referred to as a "payment agent"), the payment agent is responsible to the government for payment of that premium.
When a payment agent receives delivery of a premium from an insured person under the preceding paragraph, the payment agent must, without delay, report that fact and the date of receipt to the Minister of Health, Labour and Welfare, as specified by Ministerial Order.
When an insured person delivers a premium to a payment agent under paragraph (1) (in the case of a premium relating to advance payment, when each month of the period relating to the advance payment has elapsed), the insured period relating to that premium is deemed to be a premium-paid period for the purpose of applying Article 5, paragraph (1).
When an insured person delivers, to a payment agent under paragraph (1), a premium for which part of the amount is not required to be paid under Article 90-2, paragraphs (1) through (3) (in the case of a premium relating to advance payment, when each month of the period relating to the advance payment has elapsed), the insured period relating to that premium is, notwithstanding the preceding paragraph, deemed to be a three-quarter premium exemption period for the purpose of applying Article 5, paragraph (4), a half premium exemption period for the purpose of applying paragraph (5) of that Article, and a one-quarter premium exemption period for the purpose of applying paragraph (6) of that Article.
When an insured person delivers a premium to a payment agent under paragraph (1), payment of that premium is deemed to have been made on the day of that delivery, for the purpose of applying Article 97.
With respect to the amount to be collected that a payment agent is to pay under paragraph (1), the government may collect the remaining amount from the insured person concerned, only where there is a remaining amount still to be collected even after a disposition under Article 96, paragraph (4) has been taken against that payment agent.
The Minister of Health, Labour and Welfare may, when the Minister finds it necessary for enforcing this Act, to the extent necessary, have a payment agent make a report, as specified by Ministerial Order.
The Minister of Health, Labour and Welfare may, when the Minister finds it necessary for enforcing this Act, to the extent necessary, have the Minister's officials enter the office of a payment agent and inspect the payment agent's books, documents, and other necessary articles, or ask questions of relevant persons.
An official who conducts an on-site inspection under the preceding paragraph must carry an identification card, and must present it if requested by a relevant person.
The authority prescribed in paragraph (3) must not be construed as having been granted for the purpose of a criminal investigation.
第三項に規定する権限は、犯罪捜査のために認められたものと解釈してはならない。
Article 92-6第九十二条の六
Article 92-6, paragraph (1)
The Minister of Health, Labour and Welfare may rescind a designation under Article 92-3, paragraph (1), item (ii), where a person who has received that designation falls under any of the following items.
When the person has ceased to fall under the requirements for designation prescribed in Article 92-3, paragraph (1), item (ii);
第九十二条の三第一項第二号に規定する指定の要件に該当しなくなつたとき。
Article 92-6, paragraph (1), item (ii)
When the person has failed to make a report under Article 92-4, paragraph (2) or paragraph (2) of the preceding Article, or has made a false report;
第九十二条の四第二項又は前条第二項の規定による報告をせず、又は虚偽の報告をしたとき。
Article 92-6, paragraph (1), item (iii)
where, in violation of the provisions of paragraph (1) of the preceding Article, the person has failed to keep books, has failed to make entries in the books or has made false entries in them, or has failed to retain the books;
where the person has refused, obstructed or evaded an entry or inspection under the provisions of paragraph (3) of the preceding Article, or has failed to answer or has given a false answer to a question under the provisions of that paragraph.
When the Minister of Health, Labour and Welfare rescinds a designation under the preceding paragraph, the Minister must give public notice of that fact.
厚生労働大臣は、前項の規定により指定を取り消したときは、その旨を公示しなければならない。
Article 93第九十三条
Advance Payment of Premiums(保険料の前納)
Article 93, paragraph (1)
An insured person may pay in advance the premium for a fixed future period.
被保険者は、将来の一定期間の保険料を前納することができる。
Article 93, paragraph (2)
In the case referred to in the preceding paragraph, the amount to be paid in advance is the amount obtained by deducting the amount specified by Cabinet Order from the amount of the premium for each month of that period.
前項の場合において前納すべき額は、当該期間の各月の保険料の額から政令で定める額を控除した額とする。
Article 93, paragraph (3)
In calculating the premium-paid period, or the three-quarter premium exemption period, half premium exemption period, or one-quarter premium exemption period, with respect to a premium paid in advance under paragraph (1), the premium for each month is deemed to have been paid at the time each month of the period relating to the advance payment has elapsed.
Beyond what is provided in the preceding three paragraphs, necessary matters concerning the procedure for advance payment of premiums, the refund of premiums paid in advance, and other matters concerning advance payment of premiums, are specified by Cabinet Order.
An insured person or a person who had been an insured person (excluding a person entitled to receive the old-age basic pension) may, with the approval of the Minister of Health, Labour and Welfare, make a retroactive payment of all or part of a premium that is not required to be paid under Article 89, paragraph (1), Article 90, paragraph (1), or Article 90-3, paragraph (1), or a premium for which part of the amount is not required to be paid under Article 90-2, paragraphs (1) through (3) (limited to one relating to a period within 10 years before the month that contains the day of approval); provided, however, that, with respect to a premium for which part of the amount is not required to be paid under paragraphs (1) through (3) of that Article, this applies only where the remaining amount has been paid.
In the case referred to in the preceding paragraph, where a retroactive payment is made with respect to part of the premiums, the retroactive payment is to be made first with respect to a premium not required to be paid under Article 90-3, paragraph (1), and then with respect to a premium not required to be paid under Article 89, paragraph (1) or Article 90, paragraph (1), or a premium for which part of the amount is not required to be paid under Article 90-2, paragraphs (1) through (3), and, among these premiums, is to be made successively from the premium for the earliest elapsed month; provided, however, that where there is a premium not required to be paid under Article 89, paragraph (1) or Article 90, paragraph (1), or a premium for which part of the amount is not required to be paid under Article 90-2, paragraphs (1) through (3), for which the obligation to pay arose before that for the premium not required to be paid under Article 90-3, paragraph (1), a retroactive payment may be made with respect to that premium from the premium for the earliest elapsed month.
In the case referred to in paragraph (1), the amount to be paid retroactively is the amount obtained by adding the amount specified by Cabinet Order to the amount of the premium for each month of the period relating to that retroactive payment.
When a retroactive payment is made under paragraph (1), the premium for the month relating to the retroactive payment is deemed to have been paid on the day on which the retroactive payment was made.
Beyond what is provided in the preceding paragraphs, necessary matters concerning the procedure for retroactive payment of premiums, and other matters concerning retroactive payment of premiums, are specified by Cabinet Order.
前各項に定めるもののほか、保険料の追納手続その他保険料の追納について必要な事項は、政令で定める。
Article 94-2第九十四条の二
Basic Pension Contributions(基礎年金拠出金)
Article 94-2, paragraph (1)
The government, as the implementer of Employees' Pension Insurance, bears the basic pension contribution each fiscal year, in order to cover the expenses required for the basic pension benefit.
Mutual aid associations, etc. as implementing bodies pay the basic pension contribution each fiscal year, in order to cover the expenses required for the basic pension benefit.
When the current state and outlook of finances is prepared, the Minister of Health, Labour and Welfare is to calculate the estimated amount into the future of the basic pension contribution to be borne by the government as the implementer of Employees' Pension Insurance, or to be paid by mutual aid associations, etc. as implementing bodies.
The amount of the basic pension contribution is the amount obtained by multiplying the amount subject to premium and contribution calculation by the rate calculated each fiscal year, as specified by Cabinet Order, as corresponding to the ratio of the total number of insured persons relating to the relevant government and implementing body for the relevant fiscal year (in the case of the government as the implementer of Employees' Pension Insurance, category 2 insured persons who are category 1 employees' pension insured persons, and category 3 insured persons who are their dependent spouses; in the case of mutual aid associations, etc. as implementing bodies, the insured persons relating to that mutual aid association, etc. (in the case of the Federation of National Public Officers Mutual Aid Associations, category 2 insured persons who are category 2 employees' pension insured persons relating to the mutual aid associations composing that federation, and category 3 insured persons who are their dependent spouses; in the case of the Federation of Local Public Officers Mutual Aid Associations, category 2 insured persons who are category 3 employees' pension insured persons relating to the mutual aid associations composing that federation, and category 3 insured persons who are their dependent spouses; and in the case of the Promotion and Mutual Aid Corporation for Private Schools of Japan, category 2 insured persons who are category 4 employees' pension insured persons, and category 3 insured persons who are their dependent spouses; the same applies below)), to the total number of insured persons for the relevant fiscal year.
In the case referred to in the preceding paragraph, the total number of insured persons, and the total number of insured persons relating to the government and implementing bodies, are to be calculated based on the persons specified by Cabinet Order among these insured persons, taking into consideration the balance among the manners in which category 1 insured persons, category 2 insured persons, and category 3 insured persons are covered.
Beyond what is prescribed in the preceding two paragraphs, necessary matters concerning payment of the basic pension contribution relating to mutual aid associations, etc. as implementing bodies are specified by Cabinet Order.
Each Local Public Officers Mutual Aid Association (in the case of a Mutual Aid Association for Designated City Employees, a Mutual Aid Association for Municipal Employees, or a Mutual Aid Association for City Employees, the National Federation of Mutual Aid Associations for Municipal Employees) bears, each fiscal year, as specified by Cabinet Order, the amount calculated as specified by Cabinet Order, taking into consideration, of the amount of the basic pension contribution to be paid by the Federation of Local Public Officers Mutual Aid Associations, the total amount of the standard remuneration prescribed in Article 28 of the Employees' Pension Insurance Act (hereinafter in this Article referred to as "standard remuneration") at each Local Public Officers Mutual Aid Association (in the case of the National Federation of Mutual Aid Associations for Municipal Employees, the total amount of the standard remuneration at all Mutual Aid Associations for Designated City Employees, Mutual Aid Associations for Municipal Employees, and Mutual Aid Associations for City Employees).
The Minister of Health, Labour and Welfare may request mutual aid associations, etc. as implementing bodies to report, through the minister having jurisdiction over those mutual aid associations, etc. as implementing bodies, on the number of insured persons relating to those mutual aid associations, etc. as implementing bodies, and other matters specified by Ministerial Order.
Each of the mutual aid associations, etc. as implementing bodies is to make the report under the preceding paragraph, as specified by Ministerial Order, through the minister having jurisdiction over it.
Mutual aid associations, etc. as implementing bodies are to report to the Minister of Health, Labour and Welfare, as specified by Ministerial Order, through the minister having jurisdiction over them, on the matters specified by Ministerial Order as matters necessary for calculating the estimated amount prescribed in Article 94-2, paragraph (3).
The Minister of Health, Labour and Welfare is to report to the minister having jurisdiction over mutual aid associations, etc. as implementing bodies, as specified by Ministerial Order, on the estimated amount prescribed in the preceding paragraph and other related matters specified by Ministerial Order.
When establishing a Ministerial Order prescribed in the preceding paragraphs, the Minister of Health, Labour and Welfare must consult with the minister having jurisdiction over mutual aid associations, etc. as implementing bodies.
Special Provisions Relating to Category 2 Insured Persons and Category 3 Insured Persons(第二号被保険者及び第三号被保険者に係る特例)
Article 94-6, paragraph (1)
Notwithstanding Article 87, paragraphs (1) and (2), and Article 88, paragraph (1), with respect to the insured period as a category 2 insured person and the insured period as a category 3 insured person, the government does not collect the premium, and the insured person is not required to pay the premium.
Premiums and other amounts to be collected under the provisions of this Act (excluding Chapter X; the same applies below in this Chapter through Chapter VIII), except as otherwise provided in this Act, are collected in accordance with the precedent for collection of national taxes.
Collection of the Amount Equivalent to the Policy Reserve upon Dissolution of a National Pension Fund or the National Pension Fund Association(国民年金基金又は国民年金基金連合会の解散に伴う責任準備金相当額の徴収)
Article 95-2, paragraph (1)
When a National Pension Fund or the National Pension Fund Association is dissolved, the government collects, from the dissolved National Pension Fund or National Pension Fund Association, the amount equivalent to the policy reserve calculated, as specified by Cabinet Order, with respect to the persons to whom the National Pension Fund or the National Pension Fund Association is obligated to pay a pension as of the day of that dissolution; provided, however, that this does not apply where the National Pension Fund Association is to collect the amount from the dissolved National Pension Fund under Article 137-19, paragraph (1).
Demand for Payment and Disposition for Arrears(督促及び滞納処分)
Article 96, paragraph (1)
Where there is a person who is in arrears with a premium or other amount to be collected under the provisions of this Act, the Minister of Health, Labour and Welfare may demand payment of it, specifying a due date.
When intending to demand payment under the preceding paragraph, the Minister of Health, Labour and Welfare issues a demand letter to the person liable for payment.
前項の規定によつて督促をしようとするときは、厚生労働大臣は、納付義務者に対して、督促状を発する。
Article 96, paragraph (3)
The due date specified in the demand letter under the preceding paragraph must be a day on which 10 days or more have elapsed, counting from the day on which the demand letter is issued.
Where a person who has received a demand for payment under paragraph (1) fails to pay the premium or other amount to be collected under the provisions of this Act by the designated time limit, the Minister of Health, Labour and Welfare may dispose of it in accordance with the precedent for disposition for national tax arrears, or may request the municipality of the place where the person in arrears resides or the place where the person's property is located to make that disposition.
When a municipality receives a request for disposition under the preceding paragraph, it may dispose of it in accordance with the precedent for municipal tax. In this case, the Minister of Health, Labour and Welfare must grant to that municipality the amount equivalent to 4 percent of the amount to be collected.
Where the amount received through disposition under the preceding two paragraphs is applied to the premium, it is applied successively from the premium for the earliest elapsed month, and any fraction less than the amount of the premium for one month is delivered to the person liable for payment.
When a demand for payment is made under paragraph (1) of the preceding Article, the Minister of Health, Labour and Welfare collects a delinquency charge calculated by multiplying the amount collected by the rate of 14.6 percent per annum (or, for the period from the day following the due date for payment to the day on which three months have elapsed, where the demand for payment relates to a premium, 7.3 percent per annum), according to the number of days in the period from the day following the due date for payment to the day preceding the day of full payment of the amount collected or the day of seizure of property; provided, however, that this does not apply where the amount collected is less than 500 yen, or where there are found to be unavoidable circumstances relating to the arrears.
In the case referred to in the preceding paragraph, where payment is made of part of the amount to be collected, the amount to be collected that forms the basis for calculating the delinquency charge relating to the period on and after the day of that payment is based on the amount obtained by deducting the amount to be collected that was paid.
In calculating the delinquency charge, if there is a fraction of less than 500 yen in the amount collected, that fraction is rounded down.
延滞金を計算するに当り、徴収金額に五百円未満の端数があるときは、その端数は、切り捨てる。
Article 97, paragraph (4)
The delinquency charge is not collected when the amount to be collected is paid in full by the due date designated in the demand letter, or when the amount calculated under the preceding three paragraphs is less than 50 yen.
If there is a fraction of less than 50 yen in the amount of the delinquency charge, that fraction is rounded down.
延滞金の金額に五十円未満の端数があるときは、その端数は、切り捨てる。
Article 98第九十八条
Statutory Lien(先取特権)
Article 98, paragraph (1)
The order of priority of the statutory lien for premiums and other amounts to be collected under the provisions of this Act is next after national taxes and local taxes.
保険料その他この法律の規定による徴収金の先取特権の順位は、国税及び地方税に次ぐものとする。
Articles 99 to 100第九十九条から第百条まで
Articles 99 to 100, paragraph (1)
No English for this provision yet.
削除
Chapter VII Appeal第七章 不服申立て
Article 101第百一条
Appeal(不服申立て)
Article 101, paragraph (1)
A person who is dissatisfied with a disposition concerning the status as an insured person, a disposition concerning a benefit (excluding a disposition concerning the examination of the degree of disability relating to the disability basic pension conducted by a mutual aid association, etc.), or a disposition concerning a premium or other amount to be collected under the provisions of this Act, may file a request for review with a Social Insurance Examiner, and a person who is dissatisfied with that decision may file a request for re-review with the Social Insurance Review Council; provided, however, that this does not apply to a decision under Article 14-4, paragraph (1) or (2).
When no decision is made within two months from the day on which the request for review was filed, the person who filed the request for review may deem the Social Insurance Examiner to have dismissed the request for review.
The request for review and the request for re-review under paragraph (1) are deemed to be a judicial claim, for the purposes of the postponement of the completion of prescription and the renewal of prescription.
第一項の審査請求及び再審査請求は、時効の完成猶予及び更新に関しては、裁判上の請求とみなす。
Article 101, paragraph (4)
When a disposition concerning the status as an insured person becomes final, dissatisfaction with that disposition may not be used as a ground for dissatisfaction with a disposition concerning a benefit based on that disposition.
With respect to the request for review and the request for re-review under paragraph (1), the provisions of Chapter II (excluding Article 22) and Chapter IV of the Administrative Complaint Review Act (Act No. 68 of 2014) do not apply.
A person who is dissatisfied with a disposition concerning the examination of the degree of disability relating to the disability basic pension conducted by a mutual aid association, etc. may file a request for review with the reviewing body specified in the mutual aid Acts (meaning the National Public Officers Mutual Aid Association Act (Act No. 128 of 1958), the Local Public Officers, etc. Mutual Aid Association Act (Act No. 152 of 1962), and the Private School Personnel Mutual Aid Association Act; the same applies below in this paragraph) relating to that mutual aid association, etc., as specified in those mutual aid Acts.
When a disposition concerning the examination of the degree of disability conducted by a mutual aid association, etc. under the preceding paragraph becomes final, dissatisfaction with that disposition may not be used as a ground for dissatisfaction with a disposition concerning the disability basic pension based on that disposition.
Relationship Between a Request for Review and Litigation(審査請求と訴訟との関係)
Article 101-2, paragraph (1)
An action for rescission of a disposition prescribed in paragraph (1) of the preceding Article (limited to a disposition concerning the status as an insured person, or a disposition concerning a benefit (excluding a disposition concerning the examination of the degree of disability relating to the disability basic pension conducted by a mutual aid association, etc.)) may not be filed unless a decision of the Social Insurance Examiner has been made on a request for review of that disposition.
The right to receive a pension benefit is extinguished by prescription when five years have passed from the day on which the ground for its payment arose, and the right to receive payment of the pension benefit that is to be paid for each payment month based on that right is extinguished by prescription when five years have passed from the first day of the month following the payment month prescribed in the main clause of Article 18, paragraph (3) relating to the payment of that pension benefit that falls on or after the month following the month that contains that day.
Prescription of the right to receive a pension benefit prescribed in the preceding paragraph does not run during the period in which payment of that pension benefit is suspended in its entirety.
The provisions of Article 31 of the Public Accounting Act (Act No. 35 of 1947) do not apply to the right to receive a pension benefit prescribed in paragraph (1), or the right to receive payment of the pension benefit that is to be paid for each payment month based on that right.
The right to collect a premium or other amount to be collected under the provisions of this Act, or to receive a refund of it, and the right to receive the death lump-sum payment, are extinguished by prescription when two years have passed from the time these rights can be exercised.
A demand for payment under Article 96, paragraph (1) with respect to a premium or other amount to be collected under the provisions of this Act has the effect of renewal of prescription.
The provisions of Article 32 of the Public Accounting Act do not apply to a premium or other amount to be collected under the provisions of this Act.
保険料その他この法律の規定による徴収金については、会計法第三十二条の規定を適用しない。
Article 103第百三条
Calculation of Periods(期間の計算)
Article 103, paragraph (1)
The provisions of the Civil Code concerning periods apply mutatis mutandis to the calculation of a period prescribed in this Act or an order based on this Act, except where otherwise provided in this Act.
Free Certification of Family Register Matters(戸籍事項の無料証明)
Article 104, paragraph (1)
A mayor of a municipality (in the case of a designated city under Article 252-19, paragraph (1) of the Local Autonomy Act, the head of a ward or the head of a comprehensive ward) may, for the Minister of Health, Labour and Welfare, or for an insured person, a person who had been an insured person, or a person entitled to receive a benefit, provide, free of charge, certification concerning the family register of an insured person, a person who had been an insured person, or a person entitled to receive a benefit, or a child who falls under the requirements for payment of the survivors' basic pension or for addition to the amount of the disability basic pension or the survivors' basic pension, as specified by the ordinance of that municipality.
An insured person must, as specified by Ministerial Order, notify, beyond the matters prescribed in Article 12, paragraph (1) or (5), the matters specified by Ministerial Order to the mayor of the municipality, in the case of an insured person other than a category 3 insured person, or to the Minister of Health, Labour and Welfare, in the case of a category 3 insured person.
The provisions of Article 12, paragraphs (2) and (4) apply mutatis mutandis to the notification under the preceding paragraph relating to an insured person other than a category 3 insured person, and the provisions of paragraphs (6) through (9) of that Article apply mutatis mutandis to the notification under the preceding paragraph relating to a category 3 insured person.
A person entitled to receive a benefit, or the head of household of the household to which the person entitled to receive a benefit belongs, or another person belonging to that household, must, as specified by Ministerial Order, notify the Minister of Health, Labour and Welfare of the matters specified by Ministerial Order, and submit the documents and other articles specified by Ministerial Order.
When an insured person or a person entitled to receive a benefit dies, a person obligated to notify of the death under the provisions of the Family Register Act (Act No. 224 of 1947) must, as specified by Ministerial Order, notify that fact to the mayor of the municipality, in the case relating to an insured person other than a category 3 insured person, or to the Minister of Health, Labour and Welfare, in the case relating to a category 3 insured person or a person entitled to receive a benefit; provided, however, that this does not apply where a notification of death has been made under the provisions of that Act with respect to the death of an insured person or a person entitled to receive a benefit specified by Ministerial Order (limited to a case specified by Ministerial Order).
The provisions of Article 12, paragraphs (6) through (9) apply mutatis mutandis to the notification under the preceding paragraph relating to a category 3 insured person. In this case, the term "category 3 insured person" in paragraph (6) of that Article is deemed to be replaced with "one relating to the death of a category 3 insured person".
The Minister of Health, Labour and Welfare may, when the Minister finds it necessary, in connection with a disposition concerning the status as an insured person or a premium, order an insured person to submit documents concerning the expected date of childbirth, documents concerning the state of care of the child, documents concerning the state of assets or income of the insured person, the insured person's spouse or head of household, or a person who had been any of these, or other articles, or have the relevant official ask questions of the insured person.
The relevant official who asks questions under the preceding paragraph must carry an identification card, and must present it if requested by a person concerned.
Investigation Concerning Persons Entitled to Receive a Benefit(受給権者に関する調査)
Article 107, paragraph (1)
The Minister of Health, Labour and Welfare may, when the Minister finds it necessary, order a person entitled to receive a benefit to submit documents or other articles concerning that person's personal relationships, state of disability, and other matters relating to the extinguishment of the right to receive it, revision of the pension amount, or suspension of payment, or have the relevant official ask the person entitled to receive it questions concerning these matters.
The Minister of Health, Labour and Welfare may, when the Minister finds it necessary, order a person entitled to receive the disability basic pension, or a child whose amount is increased by reason of being in a state of disability falling under the disability grade, or a child who has the right to receive the survivors' basic pension, or to whom the survivors' basic pension is paid, or whose amount is increased, by reason of being in a state of disability falling under the disability grade, to undergo diagnosis by a physician or dentist designated by the Minister, or have the relevant official diagnose the state of disability of these persons.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to a question or diagnosis under the preceding two paragraphs.
前条第二項の規定は、前二項の規定による質問又は診断について準用する。
Article 108第百八条
Provision of Materials, etc.(資料の提供等)
Article 108, paragraph (1)
The Minister of Health, Labour and Welfare may, when the Minister finds it necessary in connection with the status as an insured person or a premium, request a government agency, a National Pension Affairs Association prescribed in Article 109, paragraph (2), a National Pension Fund, the National Pension Fund Association, the Agricultural Pension Fund, Independent Administrative Agency, a mutual aid association, etc., a health insurance society, or a National Health Insurance society to allow inspection of necessary documents or to provide materials, or request a bank, trust company, or other institution, or the spouse or head of household of an insured person, etc., or another person concerned, to make a report, concerning the name and address, the individual number (meaning the individual number prescribed in Article 2, paragraph (5) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Act No. 27 of 2013); the same applies in the following paragraph), the dates of acquisition and loss of status, the state of payment of premiums or contributions, and other matters, of an insured person or a person who had been an insured person (hereinafter in this paragraph referred to as "insured persons, etc."), a member or former member of a National Pension Fund, an insured person or former insured person of the farmers' pension, a member or former member subject to the provisions concerning short-term benefits under the National Public Officers Mutual Aid Association Act or the Local Public Officers, etc. Mutual Aid Association Act, a member or former member subject to the provisions concerning short-term benefits under the Private School Personnel Mutual Aid Association Act, or an insured person or former insured person of Health Insurance or National Health Insurance.
The Minister of Health, Labour and Welfare may, when the Minister finds it necessary in connection with a disposition concerning a pension benefit or a premium, request a government agency, a mutual aid association, etc., a mutual aid association prescribed in Article 28 of the Supplementary Provisions of the Employees' Pension Insurance Act, or a health insurance society to allow inspection of necessary documents or to provide materials, or request a bank, trust company, or other institution, or the employer of an insured person, or another person concerned, to make a report, concerning: the state of assets or income of a person entitled to receive a benefit, an insured person, or the insured person's spouse or head of household; the state of payment to a person entitled to receive a benefit of an insurance benefit paid as a pension under the Employees' Pension Insurance Act, or of a benefit specified by Cabinet Order prescribed in Article 36-2, paragraph (1), item (i); the expected date of childbirth of an insured person, or the state of the care of the child; or the name and address, the individual number, and other matters of a person entitled to receive, or a person who had been entitled to receive, a benefit specified by Cabinet Order prescribed in Article 89, paragraph (1), item (i), a person who receives, or received, assistance specified by Ministerial Order prescribed in item (ii) of that paragraph (excluding assistance specified by Ministerial Order), a person who is admitted, or had been admitted, to a facility specified by Ministerial Order prescribed in item (iii) of that paragraph (excluding a facility specified by Ministerial Order), a person who receives assistance specified by Ministerial Order prescribed in Article 90, paragraph (1), item (ii), or a dependent under the provisions of the Acts listed in Article 7, paragraph (6), item (i) and items (iv) through (vi) of the Long-Term Care Insurance Act (Act No. 123 of 1997).
The Minister of Health, Labour and Welfare may, when the Minister finds it necessary in connection with the status as an insured person or a premium, request an employer to make the provisions of this Act known to persons employed by the employer, and to provide other necessary cooperation.
The Minister of Health, Labour and Welfare may, when the Minister finds it necessary, request the minister having jurisdiction over mutual aid associations, etc. as implementing bodies to issue an order necessary for supervision concerning the report prescribed in Article 94-5, paragraph (1) relating to the mutual aid associations, etc. as implementing bodies over which that minister has jurisdiction, or to have the minister's officials audit the state of the operations of those mutual aid associations, etc. as implementing bodies.
Mutual aid associations, etc. as implementing bodies are to provide the Minister of Health, Labour and Welfare with the necessary information concerning the fact that their insured persons have ceased to be category 2 insured persons.
The Minister of Health, Labour and Welfare is to conduct a necessary statistical survey concerning the actual state of payment of premiums relating to an insured person, a person who had been an insured person, or a person entitled to receive a benefit, and other matters specified by Ministerial Order, in order to achieve the purpose set out in Article 1.
The Minister of Health, Labour and Welfare may, when the Minister finds it necessary in connection with the statistical survey prescribed in the preceding paragraph, request a government agency to provide necessary information.
In requesting the provision of information under the preceding paragraph, the Minister is to request the provision of information by a method that does not allow identification of the person surveyed.
Restrictions on Use of the Basic Pension Number, etc.(基礎年金番号の利用制限等)
Article 108-4, paragraph (1)
The provisions of Article 30-37, paragraphs (1) and (2), Article 30-38, and Article 30-39 of the Residential Basic Book Act apply mutatis mutandis to the Basic Pension Number prescribed in Article 14. In this case, the term "prefectural governor" in Article 30-37, paragraph (2) of that Act is deemed to be replaced with "the Minister of Health, Labour and Welfare and the Japan Pension Service," the term "any person" in the provisions of Article 30-38, paragraphs (1) through (3) of that Act is deemed to be replaced with "any person, except in a case specified by Ministerial Order as a case where use of the Basic Pension Number prescribed in Article 14 of the National Pension Act is particularly necessary for carrying out affairs concerning the administration of the government-administered pension programs prescribed in that Article, or affairs related to that program," and the term "prefectural governor" in paragraphs (4) and (5) of that Article and in Article 30-39, paragraph (1) of that Act is deemed to be replaced with "the Minister of Health, Labour and Welfare," and, in addition, necessary technical replacement of terms are specified by Cabinet Order.
The Japan Health Insurance Association, a mutual aid association, etc. prescribed in Article 3, paragraph (2), and any other person specified by Ministerial Order, must not request any person to disclose the Basic Pension Number relating to that person or another person, except where necessary for carrying out affairs concerning the administration of the government-administered pension programs prescribed in Article 14, or affairs related to that program (in the case of a person specified by Ministerial Order among the persons specified by Ministerial Order, affairs related to the government-administered pension programs prescribed in that Article).
A body whose members are insured persons engaged in the same type of business or work, or another similar body whose members are insured persons, that is specified by Cabinet Order, may, upon entrustment by an insured person who is a member of the body, make the notification under Article 12, paragraph (1) relating to that insured person.
A body prescribed in the preceding paragraph (hereinafter referred to as a "National Pension Affairs Association") must, when intending to accept the entrustment prescribed in that paragraph, receive the authorization of the Minister of Health, Labour and Welfare.
The Minister of Health, Labour and Welfare may rescind the authorization under the preceding paragraph, where the Minister finds that a National Pension Affairs Association that has received the authorization under that paragraph has neglected to process the affairs it is to carry out, or that its processing is significantly improper.
Special Provisions Concerning the Administrative Procedure for a Full Exemption Application(全額免除申請の事務手続に関する特例)
Article 109-2, paragraph (1)
A person who is found to be capable of properly and reliably carrying out affairs concerning the application under Article 90, paragraph (1) (hereinafter in this Article referred to as an "application for full exemption"), and whom the Minister of Health, Labour and Welfare designates based on an application from that person (hereinafter in this Article referred to as a "designated full exemption application handler"), may, upon entrustment by an insured person or a person who had been an insured person who falls under any of the items of that paragraph (limited to a person specified by Ministerial Order; hereinafter in this Article referred to as "insured persons meeting the full exemption requirements"), make an application for full exemption relating to insured persons meeting the full exemption requirements.
When insured persons meeting the full exemption requirements entrust a designated full exemption application handler with an application for full exemption, the application for full exemption is deemed to have been made on the day on which that entrustment was made, for the purpose of applying Article 90, paragraphs (1) and (2).
When a designated full exemption application handler is entrusted with an application for full exemption by insured persons meeting the full exemption requirements, the designated full exemption application handler must, without delay, make that application for full exemption, as specified by Ministerial Order.
The Minister of Health, Labour and Welfare may, to the extent necessary for a designated full exemption application handler to properly and reliably carry out the affairs under paragraph (1), provide information concerning the fact that insured persons meeting the full exemption requirements fall under any of the items of Article 90, paragraph (1).
If the Minister of Health, Labour and Welfare finds that a designated full exemption application handler has neglected to process the affairs it is to perform, or that its processing is significantly improper, the Minister may order the designated full exemption application handler to take the measures necessary for improvement.
If a designated full exemption application handler violates an order under the preceding paragraph, the Minister of Health, Labour and Welfare may rescind the designation under paragraph (1).
A designated full exemption application handler (or, where it is a juridical person, its officer) or its employee, or a person who was formerly one of these, must not, without justifiable grounds, divulge any secret that has come to their knowledge in connection with the affairs under paragraph (1).
The procedure for the designation under paragraph (1) and other matters necessary for the enforcement of the preceding paragraphs are specified by Order of the Ministry of Health, Labour and Welfare.
第一項の指定の手続その他前各項の規定の実施に関し必要な事項は、厚生労働省令で定める。
Article 109-2-2第百九条の二の二
Special Provisions on Administrative Procedure for the Student Payment Special Provision(学生納付特例の事務手続に関する特例)
Article 109-2-2, paragraph (1)
The State, local governments, a national university corporation prescribed in Article 2, paragraph (1) of the National University Corporation Act (Act No. 112 of 2003), a public university corporation prescribed in Article 68, paragraph (1) of the Local Independent Administrative Agency Act (Act No. 118 of 2003), a school corporation prescribed in Article 3 of the Private Schools Act (Act No. 270 of 1949), and any other juridical person specified by Cabinet Order, that the Minister of Health, Labour and Welfare designates, on the application of that juridical person, as one found capable of properly and reliably carrying out the affairs concerning the application under Article 90-3, paragraph (1) (hereinafter in this Article referred to as an "application for the student payment special provision") (hereinafter in this Article referred to as a "student payment special provision processing corporation"), may, on entrustment from an insured person who is a student of a university prescribed in Article 83 of the School Education Act or other educational institution specified by Cabinet Order that it establishes (hereinafter in this Article referred to as a "student insured person"), make the application for the student payment special provision pertaining to that student insured person.
If a student insured person entrusts a student payment special provision processing corporation with an application for the student payment special provision, for the purpose of applying Article 90-3, paragraph (1) and Article 90, paragraph (2) as applied mutatis mutandis pursuant to Article 90-3, paragraph (2), the application for the student payment special provision is deemed to have been made on the day of that entrustment.
If a student payment special provision processing corporation receives an entrustment of an application for the student payment special provision from a student insured person, it must, without delay, make that application for the student payment special provision as specified by Order of the Ministry of Health, Labour and Welfare.
If the Minister of Health, Labour and Welfare finds that a student payment special provision processing corporation has neglected to process the affairs it is to perform, or that its processing is significantly improper, the Minister may order the student payment special provision processing corporation to take the measures necessary for improvement.
If a student payment special provision processing corporation violates an order under the preceding paragraph, the Minister of Health, Labour and Welfare may rescind the designation under paragraph (1).
The procedure for the designation under paragraph (1) and other matters necessary for the enforcement of the preceding paragraphs are specified by Order of the Ministry of Health, Labour and Welfare.
A body that has as its members insured persons engaged in the same kind of business or work, or any other similar body, specified by Cabinet Order, that the Minister of Health, Labour and Welfare designates, on the application of that body, as one found capable of properly and reliably performing the affairs under the following paragraph (hereinafter in this Article referred to as a "premium payment verification organisation"), may perform the affairs under that paragraph.
A premium payment verification organisation is to perform the affairs of ascertaining, upon entrustment from an insured person who is a member of that organisation or another similarly situated person, whether or not the premiums pertaining to that insured person have been paid by the due date for payment (referred to as the "fact of premium arrears" in the following paragraph), and notifying the insured person of the result.
The Minister of Health, Labour and Welfare may, in response to a request from a premium payment verification organisation, provide information concerning the fact of premium arrears to the extent necessary for the premium payment verification organisation to properly perform the affairs under the preceding paragraph.
If the Minister of Health, Labour and Welfare finds that a premium payment verification organisation has neglected to process the affairs it is to perform, or that its processing is significantly improper, the Minister may order the premium payment verification organisation to take the measures necessary for improvement.
If a premium payment verification organisation violates an order under the preceding paragraph, the Minister of Health, Labour and Welfare may rescind the designation under paragraph (1).
An officer or employee of a premium payment verification organisation, or a person who formerly held such a position, must not, without justifiable grounds, divulge any secret that has come to their knowledge in connection with the affairs under paragraph (2).
The procedure for the designation under paragraph (1) and other matters necessary in connection with a premium payment verification organisation are specified by Order of the Ministry of Health, Labour and Welfare.
第一項の指定の手続その他保険料納付確認団体に関し必要な事項は、厚生労働省令で定める。
Article 109-4第百九条の四
Entrustment to the Japan Pension Service of Affairs under the Authority of the Minister of Health, Labour and Welfare(機構への厚生労働大臣の権限に係る事務の委任)
Article 109-4, paragraph (1)
The following affairs under the authority of the Minister of Health, Labour and Welfare (excluding the affairs that mutual aid associations, etc. are to perform under Article 3, paragraph (2), and the affairs that the mayor of the municipality is to perform under paragraph (3) of that Article) are to be performed by the Japan Pension Service; provided, however, that this does not preclude the Minister of Health, Labour and Welfare from personally exercising the authority listed in item (xxi), item (xxvi), items (xxviii) through (xxx), item (xxxi), item (xxxii), and item (xxxv):
The certification under Article 7, paragraph (2), and the acceptance of requests under Article 5, paragraphs (1) and (2) of the Supplementary Provisions
第七条第二項の規定による認定並びに附則第五条第一項及び第二項の規定による申出の受理
Article 109-4, paragraph (1), item (ii)
No English for this provision yet.
削除
Article 109-4, paragraph (1), item (iii)
The acceptance of the report under Article 12, paragraph (4) (including as applied mutatis mutandis pursuant to Article 105, paragraph (2)), and the acceptance of notifications under Article 12, paragraph (5)
The acceptance of notifications under Article 12-2, paragraph (1)
第十二条の二第一項の規定による届出の受理
Article 109-4, paragraph (1), item (iv)
The acceptance of claims under Article 14-2, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (2) of that Article)
第十四条の二第一項(同条第二項において準用する場合を含む。)の規定による請求の受理
Article 109-4, paragraph (1), item (v)
The acceptance of claims under Article 16 (including as applied mutatis mutandis pursuant to Article 9-3-2, paragraph (7) of the Supplementary Provisions)
第十六条(附則第九条の三の二第七項において準用する場合を含む。)の規定による請求の受理
Article 109-4, paragraph (1), item (vi)
The acceptance of applications under Article 20, paragraph (2)
第二十条第二項の規定による申請の受理
Article 109-4, paragraph (1), item (vii)
The acceptance of requests under Article 20-2, paragraph (1)
第二十条の二第一項の規定による申出の受理
Article 109-4, paragraph (1), item (viii)
The acceptance of requests under Article 28, paragraph (1) (including as applied mutatis mutandis pursuant to Article 9-3, paragraph (4) of the Supplementary Provisions), and the acceptance of claims under Article 9-2, paragraph (1) of the Supplementary Provisions (including as applied mutatis mutandis pursuant to Article 9-3, paragraph (4) of the Supplementary Provisions) and Article 9-2-2, paragraph (1) of the Supplementary Provisions
The acceptance of claims under Article 30-2, paragraph (1) and Article 30-4, paragraph (2)
第三十条の二第一項及び第三十条の四第二項の規定による請求の受理
Article 109-4, paragraph (1), item (x)
The certification under Article 33-2, paragraph (4)
第三十三条の二第四項の規定による認定
Article 109-4, paragraph (1), item (xi)
The acceptance of claims under Article 34, paragraphs (2) and (4)
第三十四条第二項及び第四項の規定による請求の受理
Article 109-4, paragraph (1), item (xii)
The certification under Article 37-2, paragraph (3) (including as applied mutatis mutandis pursuant to Article 49, paragraph (2))
第三十七条の二第三項(第四十九条第二項において準用する場合を含む。)の規定による認定
Article 109-4, paragraph (1), item (xiii)
The acceptance of applications under Article 41-2 and Article 42, paragraphs (1) and (2)
第四十一条の二並びに第四十二条第一項及び第二項の規定による申請の受理
Article 109-4, paragraph (1), item (xiv)
The acceptance of requests under Article 46, paragraph (1)
第四十六条第一項の規定による申出の受理
Article 109-4, paragraph (1), item (xv)
The acceptance of requests under Article 87-2, paragraphs (1) and (3)
第八十七条の二第一項及び第三項の規定による申出の受理
Article 109-4, paragraph (1), item (xv-2)
The acceptance of requests under Article 89, paragraph (2)
第八十九条第二項の規定による申出の受理
Article 109-4, paragraph (1), item (xvi)
The acceptance and disposition of applications under Article 90, paragraph (1), Article 90-2, paragraphs (1) through (3), and Article 90-3, paragraph (1) (including an application pertaining to entrustment by an insured person or a person who was formerly an insured person under Article 109-2, paragraph (1), and an application pertaining to entrustment by an insured person under Article 109-2-2, paragraph (1)) (excluding the designation under these provisions), and the acceptance of applications and the rescission of dispositions under Article 90, paragraph (3) (including as applied mutatis mutandis pursuant to Article 90-2, paragraph (4))
The acceptance of requests and approval under Article 92-2
第九十二条の二の規定による申出の受理及び承認
Article 109-4, paragraph (1), item (xviii)
The acceptance of requests under Article 92-2-2, paragraph (1), and the approval under paragraph (2) of that Article
第九十二条の二の二第一項の規定による申出の受理及び同条第二項の規定による承認
Article 109-4, paragraph (1), item (xix)
The acceptance of notifications under Article 92-3, paragraph (4)
第九十二条の三第四項の規定による届出の受理
Article 109-4, paragraph (1), item (xx)
The acceptance of the report under Article 92-4, paragraph (2)
第九十二条の四第二項の規定による報告の受理
Article 109-4, paragraph (1), item (xxi)
The collection of reports under Article 92-5, paragraph (2), and on-site inspections under paragraph (3) of that Article
第九十二条の五第二項の規定による報告徴収及び同条第三項の規定による立入検査
Article 109-4, paragraph (1), item (xxii)
The approval under Article 94, paragraph (1)
第九十四条第一項の規定による承認
Article 109-4, paragraph (1), item (xxiii)
The authority concerning collection that, under Article 95, is to be in accordance with the precedent for the collection of national taxes (excluding the exercise of a right belonging to the person liable for payment in accordance with the precedent for Article 423, paragraph (1) of the Civil Code as applied mutatis mutandis pursuant to Article 42 of the Act on General Rules for National Taxes (Act No. 66 of 1962), the grace period for payment in accordance with the precedent for Article 46 of the Act on General Rules for National Taxes, and other authority specified by Order of the Ministry of Health, Labour and Welfare, and the questions, inspections, and requests for the presentation or submission, the retention of articles, and the search listed in the following item)
The questions, inspections, and requests for the presentation or submission under Article 141 of the National Tax Collection Act (Act No. 147 of 1959), whose precedent applies pursuant to Article 95, the retention of articles under Article 141-2 of that Act, and the search under Article 142 of that Act
The disposition in accordance with the precedent for the disposition for national tax arrears, and the request to a municipality for a disposition, under Article 96, paragraph (4)
第九十六条第四項の規定による国税滞納処分の例による処分及び同項の規定による市町村に対する処分の請求
Article 109-4, paragraph (1), item (xxvi)
The receipt of a certificate concerning family register matters under Article 104
第百四条の規定による戸籍事項に関する証明書の受領
Article 109-4, paragraph (1), item (xxvii)
The acceptance of notifications under Article 105, paragraphs (1), (3), and (4) (including as applied mutatis mutandis pursuant to Article 9-3-2, paragraph (7) of the Supplementary Provisions), and the receipt of documents and other articles under Article 105, paragraph (3)
The order and questions under Article 106, paragraph (1)
第百六条第一項の規定による命令及び質問
Article 109-4, paragraph (1), item (xxix)
The order and questions under Article 107, paragraph (1) (including as applied mutatis mutandis pursuant to Article 9-3-2, paragraph (7) of the Supplementary Provisions), and the order and medical examination under Article 107, paragraph (2)
The inspection of documents and requests for the provision of materials under Article 108, paragraphs (1) and (2), requests for reports under that paragraph, and requests for cooperation under paragraph (3) of that Article, and requests for the provision of materials under Article 8 of the Supplementary Provisions (excluding the receipt of a certificate listed in item (xxvi))
Requests for the provision of information under Article 108-3, paragraph (2)
第百八条の三第二項の規定による情報の提供の求め
Article 109-4, paragraph (1), item (xxxii)
Requests for reports and on-site inspections under Article 30-39, paragraph (1) of the Residential Basic Book Act, as applied mutatis mutandis by replacing the relevant terms pursuant to Article 108-4
The acceptance of applications for designation under Article 109-2, paragraph (1)
第百九条の二第一項の規定による指定の申請の受理
Article 109-4, paragraph (1), item (xxxiii-2)
The acceptance of applications for designation under Article 109-2-2, paragraph (1)
第百九条の二の二第一項の規定による指定の申請の受理
Article 109-4, paragraph (1), item (xxxiv)
The acceptance of applications under paragraph (1) of the preceding Article
前条第一項の規定による申請の受理
Article 109-4, paragraph (1), item (xxxv)
The acceptance of the report under paragraph (2) of the following Article
次条第二項の規定による報告の受理
Article 109-4, paragraph (1), item (xxxv-2)
The acceptance of requests under Article 5, paragraph (4) of the Supplementary Provisions
附則第五条第四項の規定による申出の受理
Article 109-4, paragraph (1), item (xxxvi)
The acceptance of notifications under Article 7-3, paragraph (2) of the Supplementary Provisions
附則第七条の三第二項の規定による届出の受理
Article 109-4, paragraph (1), item (xxxvii)
The acceptance of claims under Article 9-3-2, paragraph (1) of the Supplementary Provisions
附則第九条の三の二第一項の規定による請求の受理
Article 109-4, paragraph (1), item (xxxvii-2)
The acceptance of notifications under Article 9-4-2, paragraph (1) of the Supplementary Provisions
附則第九条の四の二第一項の規定による届出の受理
Article 109-4, paragraph (1), item (xxxvii-3)
The approval under Article 9-4-3, paragraph (1) of the Supplementary Provisions
附則第九条の四の三第一項の規定による承認
Article 109-4, paragraph (1), item (xxxvii-4)
The acceptance of requests under Article 9-4-7, paragraph (1), Article 9-4-9, paragraph (1), Article 9-4-10, paragraph (1), and Article 9-4-11, paragraph (1) of the Supplementary Provisions, and the approval under Article 9-4-7, paragraph (2), Article 9-4-9, paragraph (2), Article 9-4-10, paragraph (2), and Article 9-4-11, paragraph (2) of the Supplementary Provisions
Authority specified by Order of the Ministry of Health, Labour and Welfare, in addition to that listed in the preceding items
前各号に掲げるもののほか、厚生労働省令で定める権限
Article 109-4, paragraph (2)
If the Japan Pension Service finds it necessary, in order to effectively carry out the affairs concerning the authority listed in item (xxiv) of the preceding paragraph and the disposition in accordance with the precedent for the disposition for national tax arrears listed in item (xxv) of that paragraph (hereinafter referred to as "dispositions for arrears, etc."), and any other authority, among the authority listed in the items of that paragraph, that is specified by Order of the Ministry of Health, Labour and Welfare, it may, as specified by Order of the Ministry of Health, Labour and Welfare, provide the Minister of Health, Labour and Welfare with the information necessary for the exercise of that authority, and request the Minister of Health, Labour and Welfare to personally exercise that authority.
If the Minister of Health, Labour and Welfare finds it necessary when a request has been made under the preceding paragraph, or finds that it has become difficult or inappropriate for the Japan Pension Service to perform all or part of the affairs concerning the authority listed in the items of paragraph (1) due to a natural disaster or other cause, the Minister is to personally exercise all or part of the authority listed in the items of that paragraph.
If the Minister of Health, Labour and Welfare decides to personally exercise all or part of the authority listed in the items of paragraph (1) pursuant to the preceding paragraph, or decides not to exercise all or part of the authority listed in the items of paragraph (1) that the Minister is personally exercising pursuant to the preceding paragraph (excluding the case prescribed in the following paragraph), the Minister must give public notice of that fact in advance.
If, with regard to dispositions for arrears, etc. that the Minister of Health, Labour and Welfare has decided to personally exercise pursuant to paragraph (3), the person who is subject to those dispositions for arrears, etc. taken over from the Japan Pension Service has been identified, the Minister must notify that person of the fact that the Minister of Health, Labour and Welfare will conduct dispositions for arrears, etc. pertaining to that person, and other matters specified by Order of the Ministry of Health, Labour and Welfare.
The handover of affairs concerning the authority listed in the items of paragraph (1), and other necessary matters, in the case where the Minister of Health, Labour and Welfare decides to personally exercise all or part of the authority listed in the items of paragraph (1) pursuant to paragraph (3), or decides not to exercise all or part of the authority listed in the items of paragraph (1) that the Minister is personally exercising pursuant to paragraph (3), are specified by Order of the Ministry of Health, Labour and Welfare.
Beyond what is provided in the preceding paragraphs, matters necessary in connection with the performance by the Japan Pension Service of the affairs concerning the authority listed in the items of paragraph (1), or the exercise by the Minister of Health, Labour and Welfare of the authority listed in the items of that paragraph, are specified by Order of the Ministry of Health, Labour and Welfare.
Delegation of Authority to the Minister of Finance(財務大臣への権限の委任)
Article 109-5, paragraph (1)
If the Minister of Health, Labour and Welfare finds it necessary for the effective collection of premiums and other amounts to be collected under the provisions of this Act, because there is a risk that a person liable for payment pertaining to dispositions for arrears, etc. and the authority listed in item (xxiii) of paragraph (1) of the preceding Article, in the case where the Minister has decided pursuant to paragraph (3) of the preceding Article to personally exercise all or part of that authority, and, among the authority specified by Order of the Ministry of Health, Labour and Welfare prescribed in that item, the authority further specified by Order of the Ministry of Health, Labour and Welfare (hereinafter in this Article referred to as "dispositions for arrears and other dispositions"), is concealing their property for the purpose of evading the execution of dispositions for arrears and other dispositions, or because other circumstances specified by Cabinet Order exist, the Minister may, as specified by Cabinet Order, provide the Minister of Finance with information concerning that person liable for payment and other necessary information, and delegate to the Minister of Finance all or part of the authority for dispositions for arrears and other dispositions pertaining to that person liable for payment.
If the Minister of Finance has exercised all or part of the authority for dispositions for arrears and other dispositions based on the delegation under the preceding paragraph, the Minister of Finance is to report the status of the execution of dispositions for arrears and other dispositions and its result to the Minister of Health, Labour and Welfare, as specified by Order of the Ministry of Health, Labour and Welfare.
Paragraph (5) of the preceding Article applies mutatis mutandis to notification by the Minister of Finance where the Minister of Finance exercises all or part of the authority for dispositions for arrears and other dispositions based on the delegation under paragraph (1). In this case, the necessary technical replacement of terms and other matters necessary in connection with notification to a person who is subject to dispositions for arrears and other dispositions are specified by Order of the Ministry of Health, Labour and Welfare.
The handover of affairs concerning the authority for dispositions for arrears and other dispositions, and other necessary matters, in the case where the Minister of Finance decides to exercise all or part of the authority for dispositions for arrears and other dispositions based on the delegation under paragraph (1), or decides not to exercise all or part of the authority for dispositions for arrears and other dispositions that the Minister of Finance is exercising based on the delegation under that paragraph, are specified by Order of the Ministry of Health, Labour and Welfare.
The Minister of Finance delegates to the Commissioner of the National Tax Agency the authority delegated under paragraph (1), the authority under paragraph (2), and the authority under paragraph (5) of the preceding Article as applied mutatis mutandis pursuant to paragraph (3).
The Commissioner of the National Tax Agency may, as specified by Cabinet Order, delegate all or part of the authority delegated under the preceding paragraph to the regional commissioner having jurisdiction over the place of residence of the person liable for payment.
A regional commissioner may, as specified by Cabinet Order, delegate all or part of the authority delegated under the preceding paragraph to the district director having jurisdiction over the place of residence of the person liable for payment.
Approval, etc. for the Disposition for Delinquency, etc. Performed by the Japan Pension Service(機構が行う滞納処分等に係る認可等)
Article 109-6, paragraph (1)
If the Japan Pension Service performs dispositions for arrears, etc., it must obtain the authorization of the Minister of Health, Labour and Welfare in advance, and must have a collection officer perform it in accordance with the regulations for the implementation of the disposition for delinquency, etc. prescribed in paragraph (1) of the following Article.
The collection officer under the preceding paragraph is appointed by the president of the Japan Pension Service, with the authorization of the Minister of Health, Labour and Welfare, from among the employees of the Japan Pension Service who have knowledge of the laws and regulations concerning dispositions for arrears, etc., and the knowledge and ability necessary for the practical work.
If the Japan Pension Service has performed dispositions for arrears, etc., it must promptly report the result to the Minister of Health, Labour and Welfare, as specified by Order of the Ministry of Health, Labour and Welfare.
Approval, etc. of the Regulations for the Implementation of the Disposition for Delinquency, etc.(滞納処分等実施規程の認可等)
Article 109-7, paragraph (1)
The Japan Pension Service must establish regulations concerning the implementation of dispositions for arrears, etc. (hereinafter in this Article referred to as the "rules for carrying out dispositions for arrears") and obtain the authorization of the Minister of Health, Labour and Welfare. The same applies when it intends to change these regulations.
The rules for carrying out dispositions for arrears must state the time for making a seizure, the method for selecting the property to be seized, and other matters specified by Order of the Ministry of Health, Labour and Welfare as necessary to ensure the fair and reliable implementation of dispositions for arrears, etc.
If the Minister of Health, Labour and Welfare finds that the rules for carrying out dispositions for arrears approved under paragraph (1) have become inappropriate for ensuring the fair and reliable implementation of dispositions for arrears, etc., the Minister may order the Japan Pension Service to change those rules for carrying out dispositions for arrears.
Approval, etc. for On-site Inspections, etc. Performed by the Japan Pension Service(機構が行う立入検査等に係る認可等)
Article 109-8, paragraph (1)
If the Japan Pension Service performs the affairs concerning the authority listed in item (xxi), item (xxviii), item (xxix), or item (xxxii) of Article 109-4, paragraph (1), it must obtain the authorization of the Minister of Health, Labour and Welfare in advance.
For the purpose of applying the provisions of the items of Article 72, Article 106, and Article 107, paragraphs (1) and (2), where the Japan Pension Service performs the affairs concerning the authority listed in item (xxi), item (xxviii), item (xxix), or item (xxxii) of Article 109-4, paragraph (1), the term "the relevant official" in these provisions is deemed to be replaced with "an employee of the Japan Pension Service".
Delegation of Authority to the Director-General of the Regional Bureau of Health and Welfare, etc.(地方厚生局長等への権限の委任)
Article 109-9, paragraph (1)
The authority of the Minister of Health, Labour and Welfare prescribed in this Act (excluding the authority of the Minister of Health, Labour and Welfare prescribed in Article 109-5, paragraphs (1) and (2), and in Chapter X) may be delegated to the Director-General of the Regional Bureau of Health and Welfare, as specified by Order of the Ministry of Health, Labour and Welfare (or, for the authority of the Minister of Health, Labour and Welfare prescribed in Article 14-4, by Cabinet Order).
The authority delegated to the Director-General of the Regional Bureau of Health and Welfare under the preceding paragraph may be delegated to the Director-General of the Regional Branch Bureau of Health and Welfare, as specified by Order of the Ministry of Health, Labour and Welfare (or, for the authority of the Minister of Health, Labour and Welfare prescribed in Article 14-4, by Cabinet Order).
If the authority of the Minister of Health, Labour and Welfare prescribed in Article 14-4 has been delegated to the Director-General of the Regional Bureau of Health and Welfare under paragraph (1) (including where the authority of the Minister of Health, Labour and Welfare prescribed in that Article has been delegated to the Director-General of the Regional Branch Bureau of Health and Welfare under the preceding paragraph), the term "Social Security Council" in paragraph (3) of that Article is deemed to be replaced with "a council specified by Cabinet Order established in the Regional Bureau of Health and Welfare".
Entrustment of Affairs to the Japan Pension Service(機構への事務の委託)
Article 109-10, paragraph (1)
The Minister of Health, Labour and Welfare is to have the Japan Pension Service perform the following affairs (excluding the affairs that mutual aid associations, etc. are to perform under Article 3, paragraph (2), and the affairs that the mayor of the municipality is to perform under paragraph (3) of that Article):
The affairs concerning the records under Article 14 (excluding those records)
第十四条の規定による記録に係る事務(当該記録を除く。)
Article 109-10, paragraph (1), item (ii)
The affairs concerning the notification of information under Article 14-5 (excluding that notification)
第十四条の五の規定による情報の通知に係る事務(当該通知を除く。)
Article 109-10, paragraph (1), item (iii)
The affairs concerning the adjudication under Article 16 (including as applied mutatis mutandis pursuant to Article 9-3-2, paragraph (7) of the Supplementary Provisions) (excluding the acceptance of claims listed in item (v) of Article 109-4, paragraph (1), and that adjudication)
The affairs concerning the confirmation of the content of claims under Article 19, paragraph (1) (including as applied mutatis mutandis pursuant to Article 9-3-2, paragraph (7) of the Supplementary Provisions) and paragraph (3)
The affairs concerning the suspension of payment of a pension benefit under Article 20, paragraphs (1) and (2) (excluding the acceptance of applications listed in item (vi) of Article 109-4, paragraph (1), and the decision concerning that suspension of payment)
The affairs concerning the suspension of payment of a pension benefit under Article 20-2, paragraphs (1) and (2) (excluding the acceptance of requests listed in item (vii) of Article 109-4, paragraph (1), and the decision concerning that suspension of payment)
The affairs concerning the collection of wrongful gains under Article 23 (including as applied mutatis mutandis pursuant to Article 9-3-2, paragraph (7) of the Supplementary Provisions) (excluding the affairs of exercising the authority listed in items (xxiii) through (xxv) of Article 109-4, paragraph (1), the affairs of exercising the collection performed by the Japan Pension Service under paragraph (1) of the following Article, the demand under Article 96, paragraph (1), and other authority specified by Order of the Ministry of Health, Labour and Welfare, and the affairs listed in item (xxxi) and item (xxxviii))
The affairs concerning the payment of an old-age basic pension or an old-age pension under Article 26, Article 9-2, paragraph (3) of the Supplementary Provisions (including as applied mutatis mutandis pursuant to Article 9-3, paragraph (4) of the Supplementary Provisions), Article 9-2-2, paragraph (3) of the Supplementary Provisions, and Article 9-3, paragraph (1) of the Supplementary Provisions (excluding the acceptance of requests and the acceptance of claims listed in item (viii) of Article 109-4, paragraph (1), and the adjudication of that old-age basic pension or old-age pension)
The affairs concerning the payment of a disability basic pension under Article 30, paragraph (1), Article 30-2, paragraph (3) (including as applied mutatis mutandis pursuant to Article 30-4, paragraph (3)), Article 30-3, paragraph (1), Article 30-4, paragraph (1), Article 31, paragraph (1), and Article 32 (excluding the acceptance of claims listed in item (ix) of Article 109-4, paragraph (1), and the adjudication of that disability basic pension)
The affairs concerning the suspension of payment of a disability basic pension under Article 32, paragraph (1), Article 36, paragraphs (1) and (2), Article 36-2, paragraphs (1) and (4), Article 36-3, paragraph (1), and Article 36-4, paragraphs (1) and (2) (excluding the decision concerning that suspension of payment)
The affairs concerning the revision of the amount of a disability basic pension under Article 33-2, paragraphs (2) and (3), and Article 34, paragraph (1) (excluding the certification listed in item (x) of Article 109-4, paragraph (1), the acceptance of claims listed in item (xi) of that paragraph, and the decision concerning that revision)
The affairs concerning the payment of a survivors' basic pension under Article 37 (excluding the adjudication of that survivors' basic pension)
第三十七条の規定による遺族基礎年金の支給に係る事務(当該遺族基礎年金の裁定を除く。)
Article 109-10, paragraph (1), item (xiii)
The affairs concerning the revision of the amount of a survivors' basic pension under Article 39, paragraphs (2) and (3), and Article 39-2, paragraph (2) (including as applied mutatis mutandis pursuant to Article 42, paragraph (3)) (excluding the decision concerning that revision)
The affairs concerning the suspension of payment of a survivors' basic pension under Article 41, Article 41-2, and Article 42, paragraphs (1) and (2) (excluding the acceptance of applications listed in item (xiii) of Article 109-4, paragraph (1), and the decision concerning that suspension of payment)
The affairs concerning the payment of an additional pension under Article 43 (excluding the acceptance of requests listed in item (xiv) of Article 109-4, paragraph (1), and the adjudication of that additional pension)
The affairs concerning the revision of the amount of an additional pension under Article 45, paragraph (2) (excluding the decision concerning that revision)
第四十五条第二項の規定による付加年金の額の改定に係る事務(当該改定に係る決定を除く。)
Article 109-10, paragraph (1), item (xvii)
The affairs concerning the suspension of payment of an additional pension under Article 47 (excluding the decision concerning that suspension of payment)
第四十七条の規定による付加年金の支給の停止に係る事務(当該支給の停止に係る決定を除く。)
Article 109-10, paragraph (1), item (xviii)
The affairs concerning the payment of a widow's pension under Article 49, paragraph (1), and Article 52-6 (excluding the adjudication of that widow's pension)
The affairs concerning the suspension of payment of a widow's pension under Article 52 (excluding the decision concerning that suspension of payment)
第五十二条の規定による寡婦年金の支給の停止に係る事務(当該支給の停止に係る決定を除く。)
Article 109-10, paragraph (1), item (xx)
The affairs concerning the payment of a death lump-sum payment under Article 52-2, paragraphs (1) and (2), and Article 52-6 (excluding the adjudication of that death lump-sum payment)
The affairs concerning the payment of a disability basic pension under Article 69 (excluding the adjudication of that disability basic pension)
第六十九条の規定による障害基礎年金の支給に係る事務(当該障害基礎年金の裁定を除く。)
Article 109-10, paragraph (1), item (xxii)
The affairs concerning the payment of a benefit under Article 70 (excluding the adjudication of that benefit)
第七十条の規定による給付の支給に係る事務(当該給付の裁定を除く。)
Article 109-10, paragraph (1), item (xxiii)
The affairs concerning the payment of a survivors' basic pension, a widow's pension, or a death lump-sum payment under Article 71, paragraph (1) (excluding the adjudication of that survivors' basic pension, widow's pension, or death lump-sum payment)
The affairs concerning the suspension of payment of a pension benefit under Article 72 (excluding the decision concerning that suspension of payment)
第七十二条の規定による年金給付の支給の停止に係る事務(当該支給の停止に係る決定を除く。)
Article 109-10, paragraph (1), item (xxv)
The affairs concerning the temporary suspension of the payment of a pension benefit under Article 73 (excluding the decision concerning that temporary suspension of payment)
The affairs concerning the collection of premiums under Article 87, paragraph (1), and Article 92-4, paragraph (6) (excluding the affairs of exercising the authority listed in items (xvii) through (xx) and items (xxiii) through (xxv) of Article 109-4, paragraph (1), the affairs of exercising the collection performed by the Japan Pension Service under paragraph (1) of the following Article, the demand under Article 96, paragraph (1), and other authority specified by Order of the Ministry of Health, Labour and Welfare, and the affairs listed in item (xxxi) and item (xxxviii))
The affairs concerning the notification of premiums under Article 92, paragraph (1) (excluding that notification)
第九十二条第一項の規定による保険料の通知に係る事務(当該通知を除く。)
Article 109-10, paragraph (1), item (xxviii)
The affairs concerning the designation under Article 92-2-2, paragraph (1) (excluding the acceptance of requests listed in item (xviii) of Article 109-4, paragraph (1), and that designation)
The affairs concerning the designation under Article 92-3, paragraph (1), item (ii) (excluding that designation)
第九十二条の三第一項第二号の規定による指定に係る事務(当該指定を除く。)
Article 109-10, paragraph (1), item (xxx)
The affairs concerning the rescission of a designation under Article 92-6, paragraph (1) (excluding that rescission)
第九十二条の六第一項の規定による指定の取消しに係る事務(当該取消しを除く。)
Article 109-10, paragraph (1), item (xxxi)
The affairs concerning the demand under Article 96, paragraphs (1) and (2) (excluding that demand and the issuance of a demand letter (excluding the affairs concerning the dispatch of a demand letter))
The affairs concerning the collection of delinquency charges under Article 97, paragraphs (1) and (4) (excluding the affairs of exercising the authority listed in items (xxiii) through (xxv) of Article 109-4, paragraph (1), the affairs of exercising the collection performed by the Japan Pension Service under paragraph (1) of the following Article, the demand under Article 96, paragraph (1), and other authority specified by Order of the Ministry of Health, Labour and Welfare, and the affairs listed in the preceding item and item (xxxviii))
The affairs concerning statistical surveys under Article 108-3, paragraph (1) (excluding requests for the provision of information listed in item (xxxi) of Article 109-4, paragraph (1), and the planning and drafting, overall coordination, and provision of results concerning that statistical survey)
The affairs concerning the recommendation under Article 30-38, paragraph (4) of the Residential Basic Book Act, as applied mutatis mutandis by replacing the relevant terms pursuant to Article 108-4, and the order under paragraph (5) of that Article (excluding that recommendation and order)
The affairs concerning the approval under Article 109, paragraph (2), and the rescission of an approval under paragraph (3) of that Article (excluding that approval and rescission of approval)
The affairs concerning the designation under Article 109-2, paragraph (1) (excluding the acceptance of applications listed in item (xxxiii) of Article 109-4, paragraph (1), and that designation), the affairs concerning the provision of information under Article 109-2, paragraph (4) (excluding that provision of information), the affairs concerning the order under paragraph (5) of that Article (excluding that order), and the affairs concerning the rescission of a designation under paragraph (6) of that Article (excluding that rescission of designation)
The affairs concerning the designation under Article 109-2-2, paragraph (1) (excluding the acceptance of applications listed in item (xxxiii)-2 of Article 109-4, paragraph (1), and that designation), the affairs concerning the order under Article 109-2-2, paragraph (4) (excluding that order), and the affairs concerning the rescission of a designation under paragraph (5) of that Article (excluding that rescission of designation)
The affairs concerning the designation under Article 109-3, paragraph (1) (excluding the acceptance of applications listed in item (xxxiv) of Article 109-4, paragraph (1), and that designation), the affairs concerning the provision of information under Article 109-3, paragraph (3) (excluding that provision of information), the affairs concerning the order under paragraph (4) of that Article (excluding that order), and the affairs concerning the rescission of a designation under paragraph (5) of that Article (excluding that rescission of designation)
The affairs concerning the authority specified by Order of the Ministry of Health, Labour and Welfare prescribed in item (xxiii) of Article 109-4, paragraph (1) (excluding the affairs of exercising that authority)
The affairs concerning the revision of the amount of an old-age basic pension under Article 7-3, paragraph (4), and Article 9-2-2, paragraph (5), of the Supplementary Provisions (excluding the acceptance of notifications listed in item (xxxvi) of Article 109-4, paragraph (1), and the decision concerning that revision)
The affairs concerning the payment of a lump-sum withdrawal payment under Article 9-3-2, paragraph (2) of the Supplementary Provisions (excluding the acceptance of claims listed in item (xxxvii) of Article 109-4, paragraph (1), and the adjudication of that lump-sum withdrawal payment)
The affairs concerning the provision, in response to a request under Article 203 of the Long-Term Care Insurance Act or another Act specified by Order of the Ministry of Health, Labour and Welfare, of information held by the Minister of Health, Labour and Welfare in connection with the implementation of this Act (excluding that provision of information and the affairs specified by Order of the Ministry of Health, Labour and Welfare)
Affairs specified by Order of the Ministry of Health, Labour and Welfare, in addition to those listed in the preceding items
前各号に掲げるもののほか、厚生労働省令で定める事務
Article 109-10, paragraph (2)
If the Minister of Health, Labour and Welfare finds that it has become difficult or inappropriate for the Japan Pension Service to perform all or part of the affairs listed in the items of the preceding paragraph due to a natural disaster or other cause, the Minister is to personally perform all or part of the affairs listed in the items of that paragraph.
Beyond what is provided in the preceding two paragraphs, matters necessary in connection with the performance by the Japan Pension Service or the Minister of Health, Labour and Welfare of the affairs listed in the items of paragraph (1) are specified by Order of the Ministry of Health, Labour and Welfare.
Collection Performed by the Japan Pension Service(機構が行う収納)
Article 109-11, paragraph (1)
Notwithstanding Article 7, paragraph (1) of the Public Accounting Act, the Minister of Health, Labour and Welfare may, as specified by Cabinet Order, have the Japan Pension Service perform the collection, in the case specified by Cabinet Order, of premiums and other amounts to be collected under the provisions of this Act, the amount to be refunded due to an erroneous overpayment of a pension benefit, and other items specified by Order of the Ministry of Health, Labour and Welfare (hereinafter in this Article referred to as "premiums, etc.").
An employee of the Japan Pension Service who performs the collection under the preceding paragraph is appointed by the president of the Japan Pension Service, with the authorization of the Minister of Health, Labour and Welfare, from among the employees of the Japan Pension Service who have knowledge of the laws and regulations concerning collection, and the knowledge and ability necessary for the practical work.
The Japan Pension Service is to report the status of the performance of the affairs concerning collection and its result to the Minister of Health, Labour and Welfare, as specified by Order of the Ministry of Health, Labour and Welfare.
Beyond what is provided in the preceding two paragraphs, the Japan Pension Service must perform the collection in accordance with the regulations concerning the performance of the affairs relating to collection specified by the Minister of Health, Labour and Welfare.
Beyond what is provided in the preceding paragraphs, matters necessary concerning the collection of premiums, etc. under paragraph (1) are specified by Cabinet Order.
前各項に定めるもののほか、第一項の規定による保険料等の収納について必要な事項は、政令で定める。
Article 109-12第百九条の十二
Provision of Information(情報の提供)
Article 109-12, paragraph (1)
The Japan Pension Service is to provide the Minister of Health, Labour and Welfare with matters concerning the status as an insured person, matters concerning the exemption of premiums, and other information necessary in connection with the exercise of the authority of the Minister of Health, Labour and Welfare, as specified by Order of the Ministry of Health, Labour and Welfare.
Close Cooperation between the Minister of Health, Labour and Welfare and the Japan Pension Service(厚生労働大臣と機構の密接な連携)
Article 109-13, paragraph (1)
The Minister of Health, Labour and Welfare and the Japan Pension Service must exchange necessary information and otherwise ensure close mutual cooperation, so that the National Pension program is conducted properly and smoothly.
The Minister of Health, Labour and Welfare is to, with the cooperation of the Japan Pension Service, provide employees of the Ministry of Health, Labour and Welfare who are engaged in affairs concerning the National Pension program with the training necessary to have them acquire and improve the knowledge and skills necessary to perform those affairs properly and smoothly.
When a Cabinet Order is established, or revised or repealed, based on this Act, the necessary transitional measures may be specified by Cabinet Order, to the extent judged to be reasonably necessary in connection with that establishment, revision, or repeal.
Except as otherwise specially provided in this Act, the procedure for the enforcement of this Act and other detailed rules necessary for its execution are specified by Ministerial Order.
A person who has received a benefit by deception or other wrongful means is punished by imprisonment for not more than three years or a fine of not more than 1,000,000 yen; provided, however, that if the Penal Code (Act No. 45 of 1907) contains an applicable provision, the Penal Code applies.
If a person violates an order under Article 30-38, paragraph (5) of the Residential Basic Book Act, as applied mutatis mutandis by replacing the relevant terms pursuant to Article 108-4, the person who committed the violation is punished by imprisonment for not more than one year or a fine of not more than 500,000 yen.
If a dissolved National Pension Fund or National Pension Fund Association fails, without justifiable grounds, to pay the amount to be collected under Article 95-2 by the time limit designated in the demand letter, its representative, agent, or employee, or other worker who committed the violation, is punished by imprisonment for not more than six months or a fine of not more than 500,000 yen.
If the representative, agent, or employee, or other worker, of the National Pension Fund or National Pension Fund Association under the preceding paragraph commits the violation under that paragraph in connection with the business of that National Pension Fund or National Pension Fund Association, in addition to punishing the offender, the fine prescribed in that paragraph is also imposed on that National Pension Fund or National Pension Fund Association.
A person who falls under any of the following items is punished by imprisonment for not more than six months or by a fine of not more than 300,000 yen:
次の各号のいずれかに該当する者は、六月以下の拘禁刑又は三十万円以下の罰金に処する。
Article 112, paragraph (1), item (i)
An insured person who, in violation of Article 12, paragraph (1) or (5), made a false notification
第十二条第一項又は第五項の規定に違反して虚偽の届出をした被保険者
Article 112, paragraph (1), item (ii)
A head of household who, when making a notification under Article 12, paragraph (2), made a false notification
第十二条第二項の規定により届出をする場合に虚偽の届出をした世帯主
Article 112, paragraph (1), item (iii)
An insured person who, having been ordered under Article 106, paragraph (1) to submit documents or other articles concerning the status of assets or income, failed to comply, or submitted false documents or other articles, or who failed to answer, or made a false statement in response to, questions by the relevant official under that paragraph (including an employee of the Japan Pension Service prescribed in Article 106, paragraph (1) as applied by replacing the relevant terms pursuant to Article 109-8, paragraph (2))
An insured person who, in violation of Article 12, paragraph (1) or (5), failed to make a notification is punished by a fine of not more than 300,000 yen; provided, however, that this does not apply if a notification has been made by the head of household under paragraph (2) of that Article.
If any of the following items apply, the person who committed the violation is subject to a fine of not more than 300,000 yen:
次の各号のいずれかに該当する場合には、当該違反行為をした者は、三十万円以下の罰金に処する。
Article 113-2, paragraph (1), item (i)
If a person failed to answer, or made a false statement in response to, questions by a collection officer under Article 141 of the National Tax Collection Act, whose precedent applies pursuant to Article 95
If a person refused, obstructed, or evaded an inspection under Article 141 of the National Tax Collection Act, whose precedent applies pursuant to Article 95
If a person, without justifiable grounds, failed to comply with a request for the presentation or submission of articles under Article 141 of the National Tax Collection Act, whose precedent applies pursuant to Article 95, or presented or submitted books, documents, or other articles containing a false entry or record
If a person failed to make a report, or made a false report, under Article 30-39, paragraph (1) of the Residential Basic Book Act, as applied mutatis mutandis by replacing the relevant terms pursuant to Article 108-4, or refused, obstructed, or evaded an inspection under that paragraph
If the representative of a juridical person (including an association or foundation without legal personality that has provisions for a representative or administrator (hereinafter in this Article referred to as an "association or foundation without legal personality"); the same applies hereinafter in this paragraph) (including the administrator of an association or foundation without legal personality), or an agent, employee, or other worker of a juridical person or an individual, commits the violation under Article 111-2 or the preceding Article (excluding item (v) and item (vi)) in connection with the business or property of that juridical person or individual, in addition to punishing the offender, the fine prescribed in the respective Article is also imposed on that juridical person or individual.
If the provisions of the preceding paragraph apply to an association or foundation without legal personality, its representative or administrator represents that association or foundation without legal personality with respect to the act of litigation, and the provisions of laws concerning criminal procedure that apply where a juridical person is the accused or a suspect apply mutatis mutandis.
An officer of the Japan Pension Service who falls under any of the following items is punished with a civil fine not exceeding 200,000 yen:
機構の役員は、次の各号のいずれかに該当する場合には、二十万円以下の過料に処する。
Article 113-4, paragraph (1), item (i)
If, in a case where the authorization of the Minister of Health, Labour and Welfare must be obtained under Article 109-6, paragraphs (1) and (2), Article 109-7, paragraph (1), Article 109-8, paragraph (1), and Article 109-11, paragraph (2), that authorization was not obtained
If a person violated an order under Article 109-7, paragraph (3)
第百九条の七第三項の規定による命令に違反したとき。
Article 114第百十四条
Article 114, paragraph (1)
A person who falls under any of the following items is punished with a civil fine not exceeding 100,000 yen:
次の各号のいずれかに該当する者は、十万円以下の過料に処する。
Article 114, paragraph (1), item (i)
An insured person who, in violation of Article 105, paragraph (1), failed to make a notification; provided, however, that this excludes the case where a notification has been made by the head of household under Article 12, paragraph (2) as applied mutatis mutandis pursuant to Article 105, paragraph (2)
An insured person who, in violation of Article 105, paragraph (1), made a false notification
第百五条第一項の規定に違反して虚偽の届出をした被保険者
Article 114, paragraph (1), item (iii)
A head of household who, when making a notification under Article 12, paragraph (2) as applied mutatis mutandis pursuant to Article 105, paragraph (2), made a false notification
第百五条第二項において準用する第十二条第二項の規定により届出をする場合に虚偽の届出をした世帯主
Article 114, paragraph (1), item (iv)
A person obligated to notify a death under the provisions of the Family Register Act who, in violation of Article 105, paragraph (4), failed to make a notification
第百五条第四項の規定に違反して届出をしなかつた戸籍法の規定による死亡の届出義務者
Chapter X National Pension Funds and the National Pension Fund Association第十章 国民年金基金及び国民年金基金連合会
Section 1 National Pension Funds第一節 国民年金基金
Subsection 1 Common Provisions第一款 通則
Article 115第百十五条
Benefits of the Fund(基金の給付)
Article 115, paragraph (1)
A National Pension Fund (hereinafter referred to as a "Fund") is to provide the necessary benefits in connection with the old age of its members, in order to achieve the purpose of Article 1.
A National Pension Fund is a regional-type National Pension Fund (hereinafter referred to as a "regional fund") or an occupational-type National Pension Fund (hereinafter referred to as an "occupation-based fund").
A regional fund is organized by category 1 insured persons (excluding a person who is not required to pay premiums under Article 89, paragraph (1), Article 90, paragraph (1), or Article 90-3, paragraph (1), a person who is not required to pay premiums for part of the amount under Article 90-2, paragraphs (1) through (3), and an insured person of the farmers' pension; the same applies in the following paragraph and Article 127, paragraph (1)) who have their domicile within the district of the National Pension Fund.
An occupation-based fund is organized by category 1 insured persons who are engaged in the same kind of business or work within the district of the National Pension Fund.
A person prescribed in the preceding two paragraphs is referred to as a person having the status as a member.
前二項に規定する者は、加入員たる資格を有する者という。
Article 117第百十七条
Legal Personality(法人格)
Article 117, paragraph (1)
A National Pension Fund is a juridical person.
基金は、法人とする。
Article 117, paragraph (2)
The domicile of a National Pension Fund is at the location of its principal office.
基金の住所は、その主たる事務所の所在地にあるものとする。
Article 118第百十八条
Name(名称)
Article 118, paragraph (1)
A Fund must use the term "National Pension Fund" in its name.
基金は、その名称中に国民年金基金という文字を用いなければならない。
Article 118, paragraph (2)
A person that is not a Fund must not use the name "National Pension Fund".
基金でない者は、国民年金基金という名称を用いてはならない。
Article 118-2第百十八条の二
District(地区)
Article 118-2, paragraph (1)
The district of a National Pension Fund is the entire area of one prefecture (or, for a regional fund that survives an absorption-type merger under Article 137-3, the entire area of one or more prefectures) in the case of a regional fund, and the entire country in the case of an occupation-based fund.
To establish a regional fund, persons appointed by the Minister of Health, Labour and Welfare from among persons having the status as a member and persons having knowledge and experience concerning pensions must become founding committee members.
The appointment of the founding committee members under the preceding paragraph is to be made if 300 or more persons having the status as a member have made a request to the Minister of Health, Labour and Welfare expressing their wish for the establishment of a regional fund.
To establish an occupation-based fund, 15 or more persons who intend to become members of it must become incorporators.
職能型基金を設立するには、その加入員となろうとする十五人以上の者が発起人とならなければならない。
Article 119, paragraph (4)
A regional fund may not be established unless it has 1,000 or more members.
地域型基金は、千人以上の加入員がなければ設立することができない。
Article 119, paragraph (5)
An occupation-based fund may not be established unless it has 3,000 or more members.
職能型基金は、三千人以上の加入員がなければ設立することができない。
Article 119-2第百十九条の二
Organizational Meeting(創立総会)
Article 119-2, paragraph (1)
Founding committee members or incorporators (hereinafter referred to as "founding committee members, etc.") must prepare the articles of association, give public notice of them together with the date, time, and place of the organizational meeting, and hold the organizational meeting.
The public notice under the preceding paragraph must be given no later than two weeks before the day of the meeting.
前項の公告は、会日の二週間前までにしなければならない。
Article 119-2, paragraph (3)
The approval of the articles of association prepared by the founding committee members, etc., and the decision on other matters necessary for the establishment, must be made by resolution of the organizational meeting.
The articles of association under the preceding paragraph may be amended at the organizational meeting; provided, however, that this does not apply to the provisions concerning the district and the members.
The proceedings of the organizational meeting are decided by two-thirds or more of those present, with the attendance of at least half of the persons having the status as a member who have, by the day of the meeting, notified the founding committee members, etc. of their consent to the establishment.
Beyond what is provided in the preceding paragraphs, the procedure for the proceedings and other matters necessary in connection with the organizational meeting are specified by Cabinet Order.
前各項に定めるもののほか、議事の手続その他創立総会に関し必要な事項は、政令で定める。
Article 119-3第百十九条の三
Approval of Establishment(設立の認可)
Article 119-3, paragraph (1)
The founding committee members, etc. must, without delay after the conclusion of the organizational meeting, submit to the Minister of Health, Labour and Welfare a document stating the articles of association and other necessary matters, and obtain approval of the establishment.
A National Pension Fund is formed at the time it receives approval of establishment.
基金は、設立の認可を受けた時に成立する。
Article 119-4, paragraph (2)
A person who has notified their consent to the establishment under Article 119-2, paragraph (5) is, when the National Pension Fund is formed, to acquire the status as a member on the day of its formation.
When approval of establishment has been given, the founding committee members, etc. must, without delay, hand over their affairs to the president.
設立の認可があつたときは、設立委員等は、遅滞なく、その事務を理事長に引き継がなければならない。
Subsection 3 Administration第三款 管理
Article 120第百二十条
Articles of Association(規約)
Article 120, paragraph (1)
A National Pension Fund must specify the following matters in its articles of association:
基金は、規約をもつて次に掲げる事項を定めなければならない。
Article 120, paragraph (1), item (i)
The name
名称
Article 120, paragraph (1), item (ii)
The location of the office
事務所の所在地
Article 120, paragraph (1), item (iii)
The district
地区
Article 120, paragraph (1), item (iv)
Matters concerning delegates and the board of delegates
代議員及び代議員会に関する事項
Article 120, paragraph (1), item (v)
Matters concerning officers
役員に関する事項
Article 120, paragraph (1), item (vi)
Matters concerning members
加入員に関する事項
Article 120, paragraph (1), item (vii)
Matters concerning pensions and lump-sum payments
年金及び一時金に関する事項
Article 120, paragraph (1), item (viii)
Matters concerning contributions
掛金に関する事項
Article 120, paragraph (1), item (ix)
Matters concerning the management of assets and other financial matters
資産の管理その他財務に関する事項
Article 120, paragraph (1), item (x)
Matters concerning dissolution and liquidation
解散及び清算に関する事項
Article 120, paragraph (1), item (xi)
Matters concerning the entrustment of affairs
業務の委託に関する事項
Article 120, paragraph (1), item (xii)
Matters concerning public notice
公告に関する事項
Article 120, paragraph (1), item (xiii)
Other important matters concerning the organization and affairs
その他組織及び業務に関する重要事項
Article 120, paragraph (2)
The articles of association of an occupation-based fund must specify, in addition to the matters listed in the preceding paragraph, the kind of business or work pertaining to its establishment.
An amendment to the articles of association under the preceding two paragraphs (excluding one pertaining to a matter specified by Cabinet Order) does not become effective unless the authorization of the Minister of Health, Labour and Welfare is obtained.
If a National Pension Fund has amended its articles of association with regard to a matter specified by Cabinet Order under the preceding paragraph, it must, without delay, notify the Minister of Health, Labour and Welfare of that amendment.
A National Pension Fund must give public notice of the name of the National Pension Fund, the location of its office, the names of its officers, and other matters specified by Cabinet Order, as specified by Cabinet Order.
Delegates are appointed from among the members, as specified by the articles of association.
代議員は、規約の定めるところにより、加入員のうちから選任する。
Article 122, paragraph (4)
The delegates at the time of establishment are elected at the organizational meeting from among the persons who have notified their consent to the establishment under Article 119-2, paragraph (5).
The term of office of a delegate is the period specified by the articles of association, not exceeding three years; provided, however, that the term of office of a delegate elected to fill a vacancy is the remaining term of the predecessor.
The board of delegates is convened by the president. If one-third or more of the fixed number of delegates submit to the president a document stating the matters to be referred to the meeting and the reason for convening it, and request that the board of delegates be convened, the president must convene the board of delegates within 20 days from the day of that request.
The board of delegates has a chairperson. The president serves as the chairperson.
代議員会に議長を置く。議長は、理事長をもつて充てる。
Article 122, paragraph (8)
Beyond what is provided in the preceding paragraphs, the convening of the board of delegates, the procedure for its proceedings, and other matters necessary in connection with the board of delegates are specified by Cabinet Order.
The following matters must be resolved by the board of delegates.
次に掲げる事項は、代議員会の議決を経なければならない。
Article 123, paragraph (1), item (i)
Amendment of the articles of association
規約の変更
Article 123, paragraph (1), item (ii)
The budget for each business year
毎事業年度の予算
Article 123, paragraph (1), item (iii)
The business report and the settlement of accounts for each business year
毎事業年度の事業報告及び決算
Article 123, paragraph (1), item (iv)
Other matters specified by the articles of association
その他規約で定める事項
Article 123, paragraph (2)
If the board of delegates cannot be constituted, or if the president finds that there is no time to convene the board of delegates, the president may dispose of a matter that must be resolved by the board of delegates and that requires urgent handling.
The board of delegates may request an auditor to audit the affairs of the National Pension Fund, and request a report on the results.
代議員会は、監事に対し、基金の業務に関する監査を求め、その結果の報告を請求することができる。
Article 124第百二十四条
Officers(役員)
Article 124, paragraph (1)
A National Pension Fund has directors and auditors as officers.
基金に、役員として理事及び監事を置く。
Article 124, paragraph (2)
Directors are elected by the delegates from among themselves; provided, however, that, within a range not exceeding one-third of the fixed number of directors (or, for a regional fund whose district has become the entire country as a result of an absorption-type merger under Article 137-3, one-half), the board of delegates may elect directors from among persons having the knowledge and experience necessary for the proper operation of the affairs of the National Pension Fund.
The directors at the time of establishment are elected at the organizational meeting from among the persons who have notified their consent to the establishment under Article 119-2, paragraph (5); provided, however, that, within a range not exceeding one-third of the fixed number of directors, directors may be elected from among persons having knowledge and experience concerning pensions.
One of the directors is the president, elected by the directors.
理事のうち一人を理事長とし、理事が選挙する。
Article 124, paragraph (5)
Auditors are elected by the board of delegates, one each from among persons having knowledge and experience and from among the delegates.
監事は、代議員会において、学識経験を有する者及び代議員のうちから、それぞれ一人を選挙する。
Article 124, paragraph (6)
The auditors at the time of establishment are elected at the organizational meeting, one each from among persons having knowledge and experience and from among the persons who have notified their consent to the establishment under Article 119-2, paragraph (5).
The term of office of an officer is the period specified by the articles of association, not exceeding three years; provided, however, that the term of office of an officer elected to fill a vacancy is the remaining term of the predecessor.
Even after the expiration of their term of office, an officer continues to perform their duties until a successor officer assumes office.
役員は、その任期が満了しても、後任の役員が就任するまでの間は、なお、その職務を行う。
Article 124, paragraph (9)
An auditor may not concurrently serve as a director or an employee of the National Pension Fund.
監事は、理事又は基金の職員と兼ねることができない。
Article 125第百二十五条
Duties of Officers(役員の職務)
Article 125, paragraph (1)
The president represents the National Pension Fund and executes its affairs. If an accident befalls the president, or if there is a vacancy in the office of president, a person designated in advance by the president from among the directors acts on behalf of the president or performs the president's duties.
Except as otherwise provided in the articles of association, the affairs of the National Pension Fund are decided by a majority of the directors, and in the case of a tie vote, the decision rests with the president.
A director may, as specified by the president, assist the president in executing the affairs of the National Pension Fund concerning the management and investment of the reserve fund to be applied to pensions and lump-sum payments (hereinafter referred to as the "reserve fund").
Duties of Directors and Liability for Damages(理事の義務及び損害賠償責任)
Article 125-2, paragraph (1)
With regard to the affairs of the National Pension Fund prescribed in paragraph (3) of the preceding Article, a director must comply with laws and regulations, dispositions of the Minister of Health, Labour and Welfare made based on laws and regulations, the articles of association, and resolutions of the board of delegates, and must faithfully perform their duties for the National Pension Fund.
If a director neglects their duty with regard to the affairs of the National Pension Fund prescribed in paragraph (3) of the preceding Article, that director is jointly and severally liable to the National Pension Fund for damages.
A director must not, for the purpose of benefiting themselves or a third party other than the National Pension Fund, engage in an act specified by Order of the Ministry of Health, Labour and Welfare as one that impairs the proper management and investment of the reserve fund.
A National Pension Fund may, as specified by the articles of association, replace a director who has violated the preceding paragraph, upon a resolution of the board of delegates.
Restriction on the President's Authority of Representation(理事長の代表権の制限)
Article 125-4, paragraph (1)
With regard to a matter in which the interests of the National Pension Fund and the president (including a person who acts on behalf of the president or performs the president's duties under Article 125, paragraph (1); the same applies hereinafter in this Article) conflict, the president does not have the authority of representation. In this case, an auditor elected from among persons having knowledge and experience represents the National Pension Fund.
Status of Officers and Employees of the Fund as Public Officials(基金の役員及び職員の公務員たる性質)
Article 126, paragraph (1)
Officers of a National Pension Fund, and a person employed by a National Pension Fund who is engaged in its affairs, are deemed to be an employee engaged in public duties pursuant to laws and regulations, for the purpose of applying the Penal Code and other penal provisions.
A category 1 insured person may, by making a request to the regional fund pertaining to the district where the person has their domicile, or the occupation-based fund pertaining to the business or work in which the person is engaged, become a member of it; provided, however, that this does not apply if the person is a member of another National Pension Fund.
A person who has made the request under the preceding paragraph is to acquire the status as a member on the day of making that request.
前項の申出をした者は、その申出をした日に加入員の資格を取得するものとする。
Article 127, paragraph (3)
A member loses the status as a member on the day following the day on which the member comes to fall under any of the following items (or, if the member comes to fall under item (i) or item (iv), on that day, and if the member comes to fall under item (iii), on the first day of the month for which the member is not required to pay the premium concerned).
When the member has lost the status as an insured person, or has become a category 2 insured person or a category 3 insured person
被保険者の資格を喪失したとき、又は第二号被保険者若しくは第三号被保険者となつたとき。
Article 127, paragraph (3), item (ii)
In the case of a member of a regional fund, when the member has ceased to be a person having their domicile within the district of that National Pension Fund; in the case of a member of an occupation-based fund, when the member has ceased to be a person engaged in that business or work
When the member has become not required to pay premiums under Article 89, paragraph (1), Article 90, paragraph (1), or Article 90-3, paragraph (1), and when the member has become not required to pay premiums for part of the amount under Article 90-2, paragraphs (1) through (3)
When the member has become an insured person of the farmers' pension
農業者年金の被保険者となつたとき。
Article 127, paragraph (3), item (v)
When that National Pension Fund is dissolved.
当該基金が解散したとき。
Article 127, paragraph (4)
A person who loses their status as a member in the month in which the person acquired that status is deemed, retroactively to the day of acquiring it, to not have been a member.
The provisions of Article 12, paragraph (1) apply mutatis mutandis to a member, and the provisions of paragraph (2) of that Article apply mutatis mutandis to the head of household to which a member belongs. In this case, the term "mayor of municipality" in paragraph (1) of that Article is deemed to be replaced with "National Pension Fund", and the term "insured person" in paragraph (2) of that Article is deemed to be replaced with "member".
Subsection 5 Operations of a National Pension Fund第五款 基金の行う業務
Article 128第百二十八条
Operations of a National Pension Fund(基金の業務)
Article 128, paragraph (1)
A National Pension Fund is to pay a pension to a member or a person who was a member, and is also to pay a lump-sum benefit in connection with the death of a member or a person who was a member.
A National Pension Fund may establish facilities necessary to promote the welfare of members and persons who were members.
基金は、加入員及び加入員であつた者の福祉を増進するため、必要な施設をすることができる。
Article 128, paragraph (3)
A National Pension Fund must, when it concludes, with a trust company (limited to one that has obtained a license under Article 3 or Article 53, paragraph (1) of the Trust Business Act (Act No. 154 of 2004); the same applies below), a financial institution engaged in trust business (meaning a financial institution that has obtained the approval under Article 1, paragraph (1) of the Act on Engagement in Trust Business by Financial Institutions (Act No. 43 of 1943); the same applies below), a life insurance company, a federation of agricultural cooperatives (limited to one whose district is the whole country and that conducts the business set forth in Article 10, paragraph (1), item (x) of the Agricultural Co-operatives Act (Act No. 132 of 1947); the same applies below), or a federation of fishery cooperatives for mutual aid (limited to one whose district is the whole country; the same applies below), or a financial instruments business operator (meaning a financial instruments business operator as defined in Article 2, paragraph (9) of the Financial Instruments and Exchange Act (Act No. 25 of 1948); the same applies below), a contract of trust, insurance or mutual aid, or a discretionary investment contract (meaning a contract prescribed in Article 2, paragraph (8), item (xii), sub-item (b) of that Article; the same applies below), concerning the expenses required for the pension or lump-sum benefit paid by that National Pension Fund, do so as provided by Cabinet Order.
A trust company, a financial institution engaged in trust business, a life insurance company, a federation of agricultural cooperatives or a federation of fishery cooperatives for mutual aid, or a financial instruments business operator must not refuse to conclude a contract prescribed in the preceding paragraph (excluding a trust contract that specifies the method of investment and that is specified by Cabinet Order), except where there is a justifiable reason.
A National Pension Fund may, as provided by Cabinet Order and with the authorization of the Minister of Health, Labour and Welfare, entrust part of its operations (including the collection, organization or analysis of information concerning a member or a person who was a member, that is necessary for paying a pension or lump-sum benefit to that person) to a trust company, a financial institution engaged in trust business, a life insurance company, a federation of agricultural cooperatives, a federation of fishery cooperatives for mutual aid, the National Pension Fund Association, or any other juridical person.
Notwithstanding the provisions of other Acts, a bank or any other financial institution specified by Cabinet Order may accept entrustment of the operations set forth in the preceding paragraph (limited to operations concerning the acceptance of requests under Article 127, paragraph (1)).
A National Pension Fund must conduct its operations based on appropriate actuarial calculations.
基金は、適正な年金数理に基づいてその業務を行わなければならない。
Article 129第百二十九条
Standards for Benefits of a National Pension Fund(基金の給付の基準)
Article 129, paragraph (1)
A pension paid by a National Pension Fund must, at minimum, be paid to a person who was a member of that National Pension Fund when that person acquires the right to receive an old-age basic pension.
A pension that a National Pension Fund pays to a person entitled to receive an old-age basic pension must not be extinguished on grounds other than the grounds for extinguishment of the right to receive that old-age basic pension.
A lump-sum benefit paid by a National Pension Fund must, at minimum, be paid to the survivors of a member or a person who was a member of that National Pension Fund if, in the case where that member or person who was a member has died, the survivors receive a death lump-sum payment.
The amount of a pension paid by a National Pension Fund must be calculated as provided by Cabinet Order.
基金が支給する年金は、政令の定めるところにより、その額が算定されるものでなければならない。
Article 130, paragraph (2)
The amount of a pension that a National Pension Fund pays to a person entitled to receive an old-age basic pension must exceed the amount obtained by multiplying 200 yen (for a pension paid by a National Pension Fund to a person entitled to receive an old-age basic pension under Article 28, or under Article 9-2 or Article 9-2-2 of the Supplementary Provisions, the amount specified by Cabinet Order; the same applies below) by the number of months of the period during which that person was a member of that National Pension Fund and to which the contributions paid relate (limited to a period that is a premium-paid period relating to premiums under Article 87; hereinafter referred to as the "membership period").
The amount of a lump-sum benefit paid by a National Pension Fund must exceed 8,500 yen.
基金が支給する一時金の額は、八千五百円を超えるものでなければならない。
Article 131第百三十一条
Article 131, paragraph (1)
Payment of a pension that a National Pension Fund pays to a person entitled to receive an old-age basic pension may not be suspended, except in the case where payment of the whole amount of that old-age basic pension is suspended; provided, however, that this does not apply to the part of the amount of that pension that exceeds the amount obtained by multiplying 200 yen by the number of months of the membership period relating to that National Pension Fund.
A National Pension Fund must accumulate a reserve fund as provided by Cabinet Order.
基金は、政令の定めるところにより、積立金を積み立てなければならない。
Article 132第百三十二条
Investment of Funds, etc.(資金の運用等)
Article 132, paragraph (1)
The investment of the reserve fund of a National Pension Fund must be conducted safely and efficiently, as provided by Cabinet Order.
基金の積立金の運用は、政令の定めるところにより、安全かつ効率的にしなければならない。
Article 132, paragraph (2)
The investment of surplus funds arising in the course of the operations of a National Pension Fund must be conducted safely and efficiently, as provided by Cabinet Order and according to the purpose of the National Pension Fund's operations and the nature of the funds.
With respect to its business year and other financial matters, a National Pension Fund must, in addition to complying with the provisions of the preceding Article and the preceding two paragraphs, comply with what is provided by Cabinet Order.
The provisions of Article 16 and Article 24 apply mutatis mutandis to the right to receive a pension or lump-sum benefit paid by a National Pension Fund; the provisions of Article 18, paragraphs (1) and (2) and Article 19, paragraph (1) and paragraphs (3) through (5) apply mutatis mutandis to a pension paid by a National Pension Fund; the provisions of Article 21-2 apply mutatis mutandis to a pension and a lump-sum benefit paid by a National Pension Fund; the provisions of Article 22 and Article 23 apply mutatis mutandis to a National Pension Fund; and the provisions of Article 25, the second sentence of Article 70 and Article 71, paragraph (1) apply mutatis mutandis to a lump-sum benefit paid by a National Pension Fund. In this case, the term "Minister of Health, Labour and Welfare" in Article 16 is deemed to be replaced with "National Pension Fund"; the terms "pension benefit payable" and "payment of a pension benefit" in Article 21-2 are deemed to be replaced with "lump-sum benefit payable" and "payment of a lump-sum benefit", respectively; the term "old-age basic pension" in Article 24 is deemed to be replaced with "pension paid by a National Pension Fund"; and the term "an insured person or a person who was an insured person" in Article 71, paragraph (1) is deemed to be replaced with "a member or a person who was a member".
A National Pension Fund collects contributions in order to cover the expenses required for the operations concerning the pension and lump-sum benefit paid by that National Pension Fund.
基金は、基金が支給する年金及び一時金に関する事業に要する費用に充てるため、掛金を徴収する。
Article 134, paragraph (2)
Contributions are to be collected for each month that serves as the basis for calculating the amount of the pension.
掛金は、年金の額の計算の基礎となる各月につき、徴収するものとする。
Article 134, paragraph (3)
The amount of contributions must be calculated as provided by Cabinet Order.
掛金は、政令の定めるところにより、その額が算定されるものでなければならない。
Article 134-2第百三十四条の二
Mutatis Mutandis Application(準用規定)
Article 134-2, paragraph (1)
The provisions of Article 88 apply mutatis mutandis to a member, and the provisions of Article 95, Article 96, paragraphs (1) through (5), Article 97 and Article 98 apply mutatis mutandis to contributions and to the amount to be collected under Article 23 as applied mutatis mutandis under Article 133. In this case, the term "premium" in Article 88 and Article 97, paragraph (1) is deemed to be replaced with "contribution"; the term "Minister of Health, Labour and Welfare" in Article 96, paragraphs (1), (2), (4) and (5) and Article 97, paragraph (1) is deemed to be replaced with "National Pension Fund"; and the term "paragraph (1) of the preceding Article" is deemed to be replaced with "paragraph (1) of the preceding Article as applied mutatis mutandis under Article 134-2".
When a National Pension Fund intends to take a disposition in accordance with the example of a disposition for national tax arrears under Article 96, paragraph (4) as applied mutatis mutandis under the preceding paragraph, it must obtain the authorization of the Minister of Health, Labour and Welfare.
Subsection 7 Dissolution and Liquidation第七款 解散及び清算
Article 135第百三十五条
Dissolution(解散)
Article 135, paragraph (1)
A National Pension Fund is dissolved for the following reasons:
基金は、次に掲げる理由により解散する。
Article 135, paragraph (1), item (i)
A resolution of the board of delegates adopted by a majority of at least three-quarters of the fixed number of delegates;
代議員の定数の四分の三以上の多数による代議員会の議決
Article 135, paragraph (1), item (ii)
Impossibility of continuing the operations of the National Pension Fund;
基金の事業の継続の不能
Article 135, paragraph (1), item (iii)
An order of dissolution under Article 142, paragraph (5).
第百四十二条第五項の規定による解散の命令
Article 135, paragraph (2)
When a National Pension Fund intends to dissolve for a reason set forth in item (i) or item (ii) of the preceding paragraph, it must obtain the authorization of the Minister of Health, Labour and Welfare.
Extinguishment of the Obligation to Pay a Pension, etc. upon Dissolution of a National Pension Fund(基金の解散による年金等の支給に関する義務の消滅)
Article 136, paragraph (1)
When a National Pension Fund is dissolved, it is released from the obligation to pay a pension and lump-sum benefit relating to a person who was a member of that National Pension Fund; provided, however, that this does not apply to the obligation to pay a pension or lump-sum benefit that should have been paid by the day of dissolution but has not yet been paid.
Capacity of a National Pension Fund in Liquidation(清算中の基金の能力)
Article 136-2, paragraph (1)
A dissolved National Pension Fund is deemed to continue to exist, within the scope of the purpose of liquidation, until the liquidation is completed.
解散した基金は、清算の目的の範囲内において、その清算の結了に至るまではなお存続するものとみなす。
Article 137第百三十七条
Liquidators, etc.(清算人等)
Article 137, paragraph (1)
When a National Pension Fund is dissolved under item (i) or item (ii) of Article 135, paragraph (1), the directors become the liquidators; provided, however, that this does not apply when the board of delegates elects another person.
In the following cases, the Minister of Health, Labour and Welfare appoints a liquidator:
次に掲げる場合には、厚生労働大臣が清算人を選任する。
Article 137, paragraph (2), item (i)
When there is no person who becomes a liquidator under the provisions of the preceding paragraph;
前項の規定により清算人となる者がないとき。
Article 137, paragraph (2), item (ii)
When a National Pension Fund is dissolved under Article 135, paragraph (1), item (iii);
基金が第百三十五条第一項第三号の規定により解散したとき。
Article 137, paragraph (2), item (iii)
When there is a risk of damage arising due to a vacancy in the office of liquidator.
清算人が欠けたため損害を生ずるおそれがあるとき。
Article 137, paragraph (3)
In the case referred to in the preceding paragraph, the National Pension Fund bears the expenses required for the performance of the liquidator's duties.
前項の場合において、清算人の職務の執行に要する費用は、基金が負担する。
Article 137, paragraph (4)
The residual assets of a dissolved National Pension Fund must be distributed, as provided by the articles, to a person to whom that National Pension Fund owed an obligation to pay a pension as of the day of its dissolution (hereinafter referred to as a "member of a dissolved fund").
the collection of debts and the performance obligations; and
債権の取立て及び債務の弁済
Article 137-2, paragraph (1), item (iii)
distribution of residual assets;
残余財産の分配
Article 137-2, paragraph (2)
A liquidator may perform any act necessary to carry out the duties listed in the items of the preceding paragraph.
清算人は、前項各号に掲げる職務を行うために必要な一切の行為をすることができる。
Article 137-2-2第百三十七条の二の二
Demand for Submission of Claims, etc.(債権の申出の催告等)
Article 137-2-2, paragraph (1)
A liquidator must, within two months from the day of assuming office, give public notice at least three times to demand that creditors submit their claims within a fixed period; in this case, that period may not be less than two months.
The public notice under the preceding paragraph must include a statement that a creditor who does not submit a claim within that period is to be excluded from the liquidation; provided, however, that a liquidator may not exclude a known creditor.
A liquidator must separately demand that each known creditor submit a claim.
清算人は、知れている債権者には、各別にその申出の催告をしなければならない。
Article 137-2-2, paragraph (4)
The public notice under paragraph (1) is given by publication in the Official Gazette.
第一項の公告は、官報に掲載してする。
Article 137-2-3第百三十七条の二の三
Submission of a Claim after Expiration of the Period(期間経過後の債権の申出)
Article 137-2-3, paragraph (1)
A creditor who submits a claim after the expiration of the period under paragraph (1) of the preceding Article may make a claim only against the property that, after the debts of the National Pension Fund have been paid in full, has not yet been delivered to the person to whom the right should belong.
The provisions of Article 126 apply mutatis mutandis to a liquidator of a National Pension Fund.
第百二十六条の規定は、基金の清算人について準用する。
Article 137-2-4, paragraph (2)
Beyond what is provided in this Subsection, necessary matters concerning the liquidation of a dissolved National Pension Fund are specified by Cabinet Order.
この款に定めるもののほか、解散した基金の清算に関し必要な事項は、政令で定める。
Subsection 8 Merger and Split第八款 合併及び分割
Division 1 Merger第一目 合併
Article 137-3第百三十七条の三
Article 137-3, paragraph (1)
A National Pension Fund may carry out an absorption-type merger (meaning a merger in which a National Pension Fund merges with another National Pension Fund, and all the rights and obligations of the National Pension Fund extinguished by the merger are succeeded to by the National Pension Fund surviving after the merger; the same applies below in this Division) with another National Pension Fund, with the authorization of the Minister of Health, Labour and Welfare; provided, however, that an absorption-type merger between a regional fund and an occupation-based fund may not be carried out, except in the case where a regional fund whose district is the whole country becomes the surviving fund prescribed in the following Article.
A National Pension Fund carrying out a merger must conclude an absorption-type merger agreement.
合併をする基金は、吸収合併契約を締結しなければならない。
Article 137-3-2第百三十七条の三の二
Article 137-3-2, paragraph (1)
When a National Pension Fund carries out an absorption-type merger, the absorption-type merger agreement must specify the name and the location of the principal office of the National Pension Fund surviving after the absorption-type merger (referred to as the "surviving fund" in Article 137-3-6 and Article 137-3-15, paragraph (1)) and of the National Pension Fund extinguished by the absorption-type merger (referred to as the "disappearing fund" in Article 137-3-6 and that paragraph), and any other matters specified by Order of the Ministry of Health, Labour and Welfare.
A National Pension Fund must adopt a resolution on the absorption-type merger agreement at the board of delegates by a majority of at least two-thirds of the fixed number of delegates.
When the resolution of the board of delegates under the preceding Article has been adopted, a National Pension Fund must prepare an inventory of property and a balance sheet within two weeks from the day on which that resolution was adopted (referred to as the "date of resolution" in the following paragraph).
A National Pension Fund must, during the period from the date of resolution until the day on which the authorization under Article 137-3, paragraph (1) is obtained, keep the inventory of property and the balance sheet prepared under the preceding paragraph at its principal office, and, when a request is made by a creditor of the Fund, make them available for inspection as provided by Order of the Ministry of Health, Labour and Welfare.
A National Pension Fund must, within the period under paragraph (1) of the preceding Article, give public notice to its creditors that they should state any objection within a fixed period, and must separately demand the same of each known creditor; provided, however, that that period may not be less than two months.
When a creditor does not state an objection to the absorption-type merger within the period under the preceding paragraph, the creditor is deemed to have approved the absorption-type merger.
債権者が前項の期間内に吸収合併に対して異議を述べなかつたときは、吸収合併を承認したものとみなす。
Article 137-3-5, paragraph (3)
When a creditor states an objection, the National Pension Fund must pay the creditor's claim, provide reasonable security, or entrust reasonable property to a trust company or a financial institution engaged in trust business for the purpose of having the creditor receive payment; provided, however, that this does not apply when there is no risk of harm to that creditor even if the absorption-type merger is carried out.
The surviving fund succeeds to the rights and obligations of the disappearing fund on the day on which the authorization under Article 137-3, paragraph (1) is obtained.
A National Pension Fund may carry out an absorption-type split (meaning that a National Pension Fund causes the whole or part of the rights and obligations it holds in connection with its operations to be succeeded to by another National Pension Fund after the split; the same applies below), with the authorization of the Minister of Health, Labour and Welfare, only in the case where an occupation-based fund causes a regional fund that becomes the succeeding fund prescribed in the following paragraph to succeed to the rights and obligations that the occupation-based fund holds in connection with its operations and that relate to the district of that regional fund.
A National Pension Fund that carries out an absorption-type split (hereinafter referred to as a "splitting fund") must conclude an absorption-type split agreement with the National Pension Fund that succeeds to the whole or part of the rights and obligations that the splitting fund holds in connection with its operations (hereinafter referred to as a "succeeding fund").
When a National Pension Fund carries out an absorption-type split, the absorption-type split agreement must specify the following matters:
基金が吸収分割をする場合には、吸収分割契約において、次に掲げる事項を定めなければならない。
Article 137-3-8, paragraph (1), item (i)
The names of the splitting fund and the succeeding fund and the locations of their principal offices;
吸収分割基金及び吸収分割承継基金の名称及び主たる事務所の所在地
Article 137-3-8, paragraph (1), item (ii)
Matters concerning the assets, debts, employment contracts and other rights and obligations that the succeeding fund succeeds to from the splitting fund by the absorption-type split;
Beyond the matters listed in the preceding two items, matters specified by Order of the Ministry of Health, Labour and Welfare.
前二号に掲げる事項のほか、厚生労働省令で定める事項
Article 137-3-9第百三十七条の三の九
Article 137-3-9, paragraph (1)
A National Pension Fund must adopt a resolution on the absorption-type split agreement at the board of delegates by a majority of at least two-thirds of the fixed number of delegates.
When the resolution of the board of delegates under the preceding Article has been adopted, a National Pension Fund must prepare an inventory of property and a balance sheet within two weeks from the day on which that resolution was adopted (referred to as the "date of resolution" in the following paragraph).
A National Pension Fund must, during the period from the date of resolution until the day on which the authorization under Article 137-3-7, paragraph (1) is obtained, keep the inventory of property and the balance sheet prepared under the preceding paragraph at its principal office, and, when a request is made by a creditor of the Fund, make them available for inspection as provided by Order of the Ministry of Health, Labour and Welfare.
A National Pension Fund must, within the period under paragraph (1) of the preceding Article, give public notice to its creditors that they should state any objection within a fixed period, and must separately demand the same of each known creditor; provided, however, that that period may not be less than two months.
When a creditor does not state an objection to the absorption-type split within the period under the preceding paragraph, the creditor is deemed to have approved the absorption-type split.
債権者が前項の期間内に吸収分割に対して異議を述べなかつたときは、吸収分割を承認したものとみなす。
Article 137-3-11, paragraph (3)
When a creditor states an objection, the National Pension Fund must pay the creditor's claim, provide reasonable security, or entrust reasonable property to a trust company or a financial institution engaged in trust business for the purpose of having the creditor receive payment; provided, however, that this does not apply when there is no risk of harm to that creditor even if the absorption-type split is carried out.
The succeeding fund succeeds to the rights and obligations of the splitting fund, in accordance with what is provided in the absorption-type split agreement, on the day on which the authorization under Article 137-3-7, paragraph (1) is obtained.
Notwithstanding the preceding paragraph, a creditor of the splitting fund who did not receive the separate demand under paragraph (1) of the preceding Article may, even in the case where the absorption-type split agreement provides that a request for performance of the obligation may not be made to the splitting fund after the absorption-type split, request the splitting fund to perform that obligation, up to the value of the property that the splitting fund held on the day on which the authorization under Article 137-3-7, paragraph (1) was obtained.
Notwithstanding paragraph (1), a creditor of the splitting fund who did not receive the separate demand under paragraph (1) of the preceding Article may, even in the case where the absorption-type split agreement provides that a request for performance of the obligation may not be made to the succeeding fund after the absorption-type split, request the succeeding fund to perform that obligation, up to the value of the property that the succeeding fund succeeded to.
The provisions of Article 2 through Article 8 (excluding the items of Article 2, paragraph (3) and the items of Article 4, paragraph (3)) of the Act on the Succession to Labor Contracts upon Company Split (Act No. 103 of 2000) and Article 5, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Commercial Code, etc. (Act No. 90 of 2000) apply mutatis mutandis to the case where a splitting fund carries out an absorption-type split under the provisions of the preceding Division. In this case, the term "succeeding company, etc." in Article 2, paragraphs (1) and (2) of the Act on the Succession to Labor Contracts upon Company Split is deemed to be replaced with "succeeding fund"; the term "splitting company" in that paragraph is deemed to be replaced with "splitting fund"; the term "specified in the relevant one of the following items according to the case falling under it" in paragraph (3) of that Article is deemed to be replaced with "upon the elapse of two weeks from the date of resolution prescribed in Article 137-3-10, paragraph (1) of the National Pension Act (Act No. 141 of 1959)"; the terms "splitting company" and "succeeding company, etc." in the provisions of Article 3 through Article 8 (excluding Article 4, paragraph (3)) of that Act are deemed to be replaced with "splitting fund" and "succeeding fund", respectively; and the term "in the relevant one of the following items according to the case falling under it" in Article 4, paragraph (3) of that Act is deemed to be replaced with "on a day, specified by the splitting fund, that is on or before the day preceding the day on which the authorization under Article 137-3-7, paragraph (1) of the National Pension Act is obtained"; and, beyond that, necessary technical replacement of terms is specified by Cabinet Order.
The provisions of Article 398-9, paragraphs (3) through (5), and Article 398-10, paragraphs (1) and (2), of the Civil Code, and Article 26, paragraph (1) of the Act on the Promotion of Business Financing, etc. (Act No. 52 of 2024), apply mutatis mutandis to the case where a splitting fund carries out an absorption-type split under the provisions of the preceding Division. In this case, the term "the preceding two paragraphs" in Article 398-9, paragraph (3) of the Civil Code is deemed to be replaced with "paragraph (1) or paragraph (2) of the following Article as applied mutatis mutandis under Article 137-3-14 of the National Pension Act (Act No. 141 of 1959)".
When the surviving fund succeeds to rights and obligations under Article 137-3-6, the membership period of the disappearing fund of a person whose obligation concerning payment of a pension has been succeeded to by the surviving fund is deemed to be the membership period of the surviving fund.
When the succeeding fund succeeds to rights and obligations under Article 137-3-12, paragraph (1), the membership period of the splitting fund of a person whose obligation concerning payment of a pension has been succeeded to by the succeeding fund is deemed to be the membership period of the succeeding fund.
Beyond what is provided in this Subsection, necessary matters concerning the merger and split of a National Pension Fund are specified by Cabinet Order.
この款に定めるもののほか、基金の合併及び分割に関し必要な事項は、政令で定める。
Section 2 National Pension Fund Association第二節 国民年金基金連合会
Subsection 1 Common Provisions第一款 通則
Article 137-4第百三十七条の四
National Pension Fund Association(連合会)
Article 137-4, paragraph (1)
A National Pension Fund may establish a National Pension Fund Association (hereinafter referred to as the "National Pension Fund Association") in order to jointly pay the pension and lump-sum benefit relating to an early leaver (as prescribed in Article 137-17, paragraph (1)) and a member of a dissolved fund.
The National Pension Fund Association is a juridical person.
連合会は、法人とする。
Article 137-4-2, paragraph (2)
The domicile of the National Pension Fund Association is to be at the location of its principal office.
連合会の住所は、その主たる事務所の所在地にあるものとする。
Article 137-4-3第百三十七条の四の三
Name(名称)
Article 137-4-3, paragraph (1)
The National Pension Fund Association must use the term "National Pension Fund Association" in its name.
連合会は、その名称中に国民年金基金連合会という文字を用いなければならない。
Article 137-4-3, paragraph (2)
A person that is not the National Pension Fund Association must not use the name "National Pension Fund Association".
連合会でない者は、国民年金基金連合会という名称を用いてはならない。
Subsection 2 Establishment第二款 設立
Article 137-5第百三十七条の五
an incorporator;(発起人)
Article 137-5, paragraph (1)
To establish the National Pension Fund Association, two or more National Pension Funds intending to become its members must become incorporators.
連合会を設立するには、その会員となろうとする二以上の基金が発起人とならなければならない。
Article 137-6第百三十七条の六
Organizational Meeting(創立総会)
Article 137-6, paragraph (1)
The incorporators must prepare the articles and give public notice of them together with the date, time and place of the organizational meeting, and must hold the organizational meeting.
発起人は、規約を作成し、創立総会の日時及び場所とともに公告して、創立総会を開かなければならない。
Article 137-6, paragraph (2)
The public notice under the preceding paragraph must be given no later than two weeks before the day of the meeting.
前項の公告は、会日の二週間前までにしなければならない。
Article 137-6, paragraph (3)
Approval of the articles prepared by the incorporators and the decision of other matters necessary for establishment must be made by resolution of the organizational meeting.
発起人が作成した規約の承認その他設立に必要な事項の決定は、創立総会の議決によらなければならない。
Article 137-6, paragraph (4)
The articles referred to in the preceding paragraph may be amended at the organizational meeting; provided, however, that this does not apply to the provisions concerning status as a member.
Proceedings at the organizational meeting are decided by a majority of at least two-thirds of the attendees, with at least half of the presidents of the National Pension Funds that had, by the day of the meeting, submitted their consent to establishment to the incorporators being in attendance.
Beyond what is provided in the preceding paragraphs, the procedure for proceedings and other necessary matters concerning the organizational meeting are specified by Cabinet Order.
前各項に定めるもののほか、議事の手続その他創立総会に関し必要な事項は、政令で定める。
Article 137-7第百三十七条の七
Authorization of Establishment, etc.(設立の認可等)
Article 137-7, paragraph (1)
The incorporators must, without delay after the conclusion of the organizational meeting, submit to the Minister of Health, Labour and Welfare a document stating the articles and other necessary matters, and obtain the authorization of establishment.
The National Pension Fund Association comes into existence at the time it obtains the authorization of establishment.
連合会は、設立の認可を受けた時に成立する。
Article 137-7, paragraph (3)
A National Pension Fund that submitted its consent to establishment under paragraph (5) of the preceding Article is, when the National Pension Fund Association comes into existence, to acquire the status of a member on the day it comes into existence.
The provisions of Article 119-5 apply mutatis mutandis to the National Pension Fund Association. In this case, the term "founding committee members, etc." in that Article is deemed to be replaced with "incorporators".
The National Pension Fund Association must specify the following matters in its articles:
連合会は、規約をもつて次に掲げる事項を定めなければならない。
Article 137-8, paragraph (1), item (i)
The name;
名称
Article 137-8, paragraph (1), item (ii)
The location of the office;
事務所の所在地
Article 137-8, paragraph (1), item (iii)
Matters concerning the board of councilors;
評議員会に関する事項
Article 137-8, paragraph (1), item (iv)
Matters concerning officers;
役員に関する事項
Article 137-8, paragraph (1), item (v)
Matters concerning status as a member;
会員の資格に関する事項
Article 137-8, paragraph (1), item (vi)
Matters concerning the pension and lump-sum benefit;
年金及び一時金に関する事項
Article 137-8, paragraph (1), item (vii)
Matters concerning incidental business;
附帯事業に関する事項
Article 137-8, paragraph (1), item (viii)
Matters concerning membership fees;
会費に関する事項
Article 137-8, paragraph (1), item (ix)
Matters concerning the management of assets and other financial matters;
資産の管理その他財務に関する事項
Article 137-8, paragraph (1), item (x)
Matters concerning dissolution and liquidation;
解散及び清算に関する事項
Article 137-8, paragraph (1), item (xi)
Matters concerning the entrustment of operations;
業務の委託に関する事項
Article 137-8, paragraph (1), item (xii)
Matters concerning public notice;
公告に関する事項
Article 137-8, paragraph (1), item (xiii)
Other important matters concerning organization and operations.
その他組織及び業務に関する重要事項
Article 137-8, paragraph (2)
The provisions of Article 120, paragraphs (3) and (4) apply mutatis mutandis to the articles of the National Pension Fund Association.
第百二十条第三項及び第四項の規定は、連合会の規約について準用する。
Article 137-9第百三十七条の九
Mutatis Mutandis Application(準用規定)
Article 137-9, paragraph (1)
The provisions of Article 121 apply mutatis mutandis to the National Pension Fund Association.
第百二十一条の規定は、連合会について準用する。
Article 137-10第百三十七条の十
Board of Councilors(評議員会)
Article 137-10, paragraph (1)
A board of councilors is established in the National Pension Fund Association.
連合会に、評議員会を置く。
Article 137-10, paragraph (2)
The board of councilors is organized by councilors.
評議員会は、評議員をもつて組織する。
Article 137-10, paragraph (3)
Councilors are elected by mutual vote among the presidents of the National Pension Funds that are members; provided, however, that when there are special circumstances, this does not preclude the president, as provided by the articles and with the consent of a majority of the presidents of the National Pension Funds that are members, from commissioning a person from among those having the knowledge and experience necessary for the proper administration of the operations of the National Pension Fund Association and the appropriate operation of the National Pension Fund system.
The councilors at the time of establishment are elected at the organizational meeting from among the presidents of the National Pension Funds that submitted their consent to establishment under Article 137-6, paragraph (5).
The term of office of a councilor is two years; provided, however, that the term of office of a councilor elected to fill a vacancy is the remaining term of the predecessor.
評議員の任期は、二年とする。ただし、補欠の評議員の任期は、前任者の残任期間とする。
Article 137-10, paragraph (6)
The board of councilors is convened by the president. When at least one-third of the fixed number of councilors submits to the president a document stating the matters to be put before the meeting and the reasons for convening it, and requests that the board of councilors be convened, the president must convene the board of councilors within twenty days from the day on which that request was made.
A chairperson is established for the board of councilors. The president serves as the chairperson.
評議員会に議長を置く。議長は、理事長をもつて充てる。
Article 137-10, paragraph (8)
Beyond what is provided in the preceding paragraphs, the convening of the board of councilors, the procedure for proceedings and other necessary matters concerning the board of councilors are specified by Cabinet Order.
The following matters must be resolved by the board of councilors:
次に掲げる事項は、評議員会の議決を経なければならない。
Article 137-11, paragraph (1), item (i)
Amendment of the articles;
規約の変更
Article 137-11, paragraph (1), item (ii)
The budget for each business year;
毎事業年度の予算
Article 137-11, paragraph (1), item (iii)
The business report and financial statements for each business year;
毎事業年度の事業報告及び決算
Article 137-11, paragraph (1), item (iv)
Other matters specified by the articles.
その他規約で定める事項
Article 137-11, paragraph (2)
When the board of councilors is not validly constituted, or when the president finds that there is no time to convene the board of councilors, the president may dispose of a matter that requires a resolution of the board of councilors and that requires urgent handling.
The board of councilors may request an auditor to audit the operations of the National Pension Fund Association and may request a report of the results.
評議員会は、監事に対し、連合会の業務に関する監査を求め、その結果の報告を請求することができる。
Article 137-12第百三十七条の十二
Officers(役員)
Article 137-12, paragraph (1)
Directors and auditors are established in the National Pension Fund Association as officers.
連合会に、役員として理事及び監事を置く。
Article 137-12, paragraph (2)
Directors are elected by mutual vote among the councilors; provided, however, that when there are special circumstances, this does not preclude the board of councilors from appointing a director from among persons other than councilors who have the knowledge and experience necessary for the proper administration of the operations of the National Pension Fund Association and the appropriate operation of the National Pension Fund system.
The directors at the time of establishment are elected at the organizational meeting from among the presidents of the National Pension Funds that submitted their consent to establishment under Article 137-6, paragraph (5); provided, however, that when there are special circumstances, this does not preclude the appointment of a director from among persons other than those presidents who have knowledge and experience concerning pensions.
One of the directors serves as the president, and is elected by the directors.
理事のうち一人を理事長とし、理事が選挙する。
Article 137-12, paragraph (5)
One auditor is elected by mutual vote among the councilors, and one auditor is appointed by the board of councilors from among persons having knowledge and experience.
監事は、評議員において一人を互選し、評議員会において、学識経験を有する者のうちから一人を選任する。
Article 137-12, paragraph (6)
The auditors at the time of establishment are, at the organizational meeting, elected one from among the presidents of the National Pension Funds that submitted their consent to establishment under Article 137-6, paragraph (5), and appointed one from among persons having knowledge and experience.
The term of office of an officer is two years; provided, however, that the term of office of an officer elected or appointed to fill a vacancy is the remaining term of the predecessor.
役員の任期は、二年とする。ただし、補欠の役員の任期は、前任者の残任期間とする。
Article 137-12, paragraph (8)
Even after the expiration of an officer's term of office, that officer continues to perform the duties of the office until a successor officer assumes office.
役員は、その任期が満了しても、後任の役員が就任するまでの間は、なお、その職務を行う。
Article 137-12, paragraph (9)
An auditor may not concurrently serve as a director or as an employee of the National Pension Fund Association.
監事は、理事又は連合会の職員と兼ねることができない。
Article 137-13第百三十七条の十三
Duties of Officers, etc.(役員の職務等)
Article 137-13, paragraph (1)
The president represents the National Pension Fund Association and executes its operations. When the president is unable to perform the duties of the office, or when there is a vacancy in the office of president, a person designated in advance by the president from among the directors acts on behalf of, or performs, those duties.
Operations of the National Pension Fund Association are decided by a majority of the directors, except in the case where the articles otherwise provide, and in the case of a tie vote, the president's decision governs.
A director may, as provided by the president, assist the president and execute the operations of the National Pension Fund Association concerning the management and investment of the reserve fund.
The provisions of Article 126 apply mutatis mutandis to an officer of the National Pension Fund Association and a person who is employed by the National Pension Fund Association and engages in its affairs.
第百二十六条の規定は、連合会の役員及び連合会に使用され、その事務に従事する者について準用する。
Article 137-13-2第百三十七条の十三の二
Duty of a Director and Liability for Damages(理事の義務及び損害賠償責任)
Article 137-13-2, paragraph (1)
A director must, with respect to the operations of the National Pension Fund Association prescribed in paragraph (3) of the preceding Article, comply with laws and regulations, dispositions of the Minister of Health, Labour and Welfare made based on laws and regulations, the articles, and resolutions of the board of councilors, and must faithfully perform the duties of the office for the National Pension Fund Association.
When a director neglects the duties of the office with respect to the operations of the National Pension Fund Association prescribed in paragraph (3) of the preceding Article, that director is jointly and severally liable to the National Pension Fund Association for damages.
A director must not, for the purpose of securing a benefit for the director or for a third party other than the National Pension Fund Association, commit an act specified by Order of the Ministry of Health, Labour and Welfare as one that impairs the propriety of the management and investment of the reserve fund.
The National Pension Fund Association may, as provided by the articles and through a resolution of the board of councilors, replace a director who has violated the preceding paragraph.
Restriction on the Representative Authority of the President(理事長の代表権の制限)
Article 137-13-4, paragraph (1)
With respect to a matter in which the interests of the National Pension Fund Association and the president (including a person who acts on behalf of, or performs the duties of, the president under Article 137-13, paragraph (1); hereinafter the same applies in this Article) conflict, the president does not have representative authority. In this case, the auditor appointed from among persons having knowledge and experience represents the National Pension Fund Association.
A National Pension Fund may apply to the National Pension Fund Association and become a member of it; provided, however, that this does not apply when it is a member of another National Pension Fund Association.
When the Minister of Health, Labour and Welfare finds it necessary for the convenience of a National Pension Fund or its members, the Minister may order the National Pension Fund to join one of the National Pension Fund Associations.
Subsection 4 Operations Conducted by the National Pension Fund Association第四款 連合会の行う業務
Article 137-15第百三十七条の十五
Operations of the National Pension Fund Association(連合会の業務)
Article 137-15, paragraph (1)
The National Pension Fund Association is to pay a pension, or a lump-sum benefit whose ground for payment is death, to an early leaver that is to be paid a pension or lump-sum benefit under Article 137-17, paragraph (4), and to a member of a dissolved fund relating to a National Pension Fund that is a member of the National Pension Fund Association.
The National Pension Fund Association may conduct the following projects; provided, however, that when it conducts the project listed in item (i), it must obtain the authorization of the Minister of Health, Labour and Welfare.
A project that adds to the amount of the reserve fund of a National Pension Fund, using the contributions, etc. of the National Pension Fund as the source of funds, so that a fixed amount is secured for the pension and lump-sum benefit paid by the National Pension Fund;
A project that conducts part of the operations of a National Pension Fund under entrustment under Article 128, paragraph (5);
第百二十八条第五項の規定による委託を受けて基金の業務の一部を行う事業
Article 137-15, paragraph (2), item (iii)
A project that provides advice or guidance to a National Pension Fund, and any other project specified by Cabinet Order as one that promotes the sound development of the projects conducted by a National Pension Fund;
基金への助言又は指導を行う事業その他の基金の行う事業の健全な発展を図るものとして政令で定める事業
Article 137-15, paragraph (2), item (iv)
A project that carries out awareness-raising activities and public relations activities concerning the National Pension Fund system.
国民年金基金制度についての啓発活動及び広報活動を行う事業
Article 137-15, paragraph (3)
The National Pension Fund Association may establish facilities necessary to promote the welfare of members of a National Pension Fund and persons who were members.
連合会は、基金の加入員及び加入員であつた者の福祉を増進するため、必要な施設をすることができる。
Article 137-15, paragraph (4)
When the National Pension Fund Association concludes, with a trust company, a financial institution engaged in trust business, a life insurance company, a federation of agricultural cooperatives or a federation of fishery cooperatives for mutual aid, or a financial instruments business operator, a contract of trust, insurance or mutual aid, or a discretionary investment contract, concerning the expenses required for the pension or lump-sum benefit paid by that National Pension Fund Association, it must do so as provided by Cabinet Order.
The provisions of Article 128, paragraph (4) apply mutatis mutandis to the trust contract under the preceding paragraph (excluding a trust contract that specifies the method of investment and that is specified by Cabinet Order), insurance or mutual aid contract, or discretionary investment contract.
The National Pension Fund Association may, with the authorization of the Minister of Health, Labour and Welfare, entrust part of its operations to a trust company, a financial institution engaged in trust business, a life insurance company, a federation of agricultural cooperatives, a federation of fishery cooperatives for mutual aid, or any other juridical person specified by Cabinet Order.
The National Pension Fund Association must conduct its operations based on appropriate actuarial calculations.
連合会は、適正な年金数理に基づいてその業務を行わなければならない。
Article 137-17第百三十七条の十七
Measures Concerning an Early Leaver(中途脱退者に係る措置)
Article 137-17, paragraph (1)
A National Pension Fund that is a member of the National Pension Fund Association may, as provided by Cabinet Order, apply to that National Pension Fund Association for the delivery of the amount equivalent to the present value of the pension relating to the membership period with that National Pension Fund of an early leaver (meaning a person who has lost the status as a member of that National Pension Fund (excluding a person who has, on the day of losing that status as a member, the right to receive a pension paid by that National Pension Fund), and whose membership period with that National Pension Fund, calculated as provided by Cabinet Order, is less than the period specified by Cabinet Order; the same applies below) (hereinafter referred to as the "present value amount").
When an application for the delivery of the present value amount is made under the preceding paragraph, the National Pension Fund Association must not refuse it.
連合会は、前項の規定により現価相当額の交付の申出があつたときは、これを拒絶してはならない。
Article 137-17, paragraph (3)
The calculation of the present value amount relating to an application for delivery under paragraph (1) is specified by Cabinet Order.
第一項の交付の申出に係る現価相当額の計算については、政令で定める。
Article 137-17, paragraph (4)
When the National Pension Fund Association receives the delivery of the present value amount relating to an application for delivery under paragraph (1), it is to pay a pension or lump-sum benefit relating to that early leaver, using that delivered amount as the source of funds.
The provisions of Article 129 through Article 131 apply mutatis mutandis to the pension or lump-sum benefit under the preceding paragraph.
第百二十九条から第百三十一条までの規定は、前項の年金又は一時金について準用する。
Article 137-17, paragraph (6)
When a National Pension Fund delivers the present value amount relating to an application for delivery under paragraph (1), it is released from the obligation to pay a pension and lump-sum benefit relating to that early leaver.
When the National Pension Fund Association becomes obligated to pay a pension or lump-sum benefit relating to an early leaver under paragraph (4), it must notify that early leaver to that effect.
When the National Pension Fund Association is unable to give the notice under the preceding paragraph because the whereabouts of the early leaver are not clear, it must, in lieu of the notice under that paragraph, give public notice of the matters that should be notified.
When an early leaver who is to be paid a pension or lump-sum benefit by the National Pension Fund Association under paragraph (4) of the preceding Article again becomes a member of the original National Pension Fund, that National Pension Fund is to request that National Pension Fund Association to deliver the present value amount of the pension relating to that early leaver.
The calculation of the present value amount relating to a request for delivery under the preceding paragraph is specified by Cabinet Order.
前項の交付の請求に係る現価相当額の計算については、政令で定める。
Article 137-18, paragraph (3)
When a National Pension Fund receives the delivery of the present value amount relating to a request for delivery under paragraph (1), it is to pay a pension or lump-sum benefit relating to that early leaver, using that delivered amount as the source of funds.
When the National Pension Fund Association delivers the present value amount relating to a request for delivery under paragraph (1), it is released from the obligation to pay a pension and lump-sum benefit relating to that early leaver.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to a request for delivery under paragraph (1).
前条第二項の規定は、第一項の規定による交付の請求について準用する。
Article 137-19第百三十七条の十九
Measures Concerning a Member of a Dissolved Fund(解散基金加入員に係る措置)
Article 137-19, paragraph (1)
When a National Pension Fund that is a member is dissolved, the National Pension Fund Association collects, from that dissolved National Pension Fund, the amount equivalent to the policy reserve prescribed in Article 95-2 relating to the members of a dissolved fund of that National Pension Fund.
When a member of a dissolved fund relating to a National Pension Fund from which the National Pension Fund Association collected the amount equivalent to the policy reserve under the preceding paragraph acquires the right to receive an old-age basic pension, or when a member of a dissolved fund relating to that National Pension Fund had, on the day of that National Pension Fund's dissolution, the right to receive an old-age basic pension, the National Pension Fund Association is to pay a pension to that member of a dissolved fund, and, if that member of a dissolved fund dies and the survivors receive a death lump-sum payment, is to pay a lump-sum benefit to those survivors.
The amount of the pension under the preceding paragraph is the amount obtained by multiplying 200 yen by the number of months of the membership period relating to that dissolved National Pension Fund, and the amount of the lump-sum benefit under that paragraph is 8,500 yen.
A dissolved National Pension Fund may, as provided by the articles, apply to the National Pension Fund Association that collected the amount equivalent to the policy reserve under paragraph (1), for the delivery of the residual assets that are to be distributed to a member of a dissolved fund under Article 137, paragraph (4).
When the National Pension Fund Association receives the delivery of residual assets that are to be distributed to a member of a dissolved fund in accordance with an application under the preceding paragraph, it is to add to the amount of the pension or lump-sum benefit relating to that member of a dissolved fund, using that delivered amount as the source of funds, as provided by Cabinet Order.
When the National Pension Fund Association receives the delivery of the residual assets prescribed in the preceding paragraph, for the purpose of the application of Article 137, paragraph (4), those residual assets are deemed to have been distributed to that member of a dissolved fund.
When the National Pension Fund Association becomes obligated to add to the amount of the pension or lump-sum benefit relating to a member of a dissolved fund under paragraph (5), it must notify that member of a dissolved fund to that effect.
The provisions of Article 137-17, paragraph (2) apply mutatis mutandis to an application under paragraph (4), and the provisions of paragraph (8) of that Article apply mutatis mutandis to a notice under the preceding paragraph.
Payment of a pension that the National Pension Fund Association pays under paragraph (2) of the preceding Article is, while payment of the whole amount of the old-age basic pension to which that member of a dissolved fund has the right to receive is suspended, to be suspended during that period; provided, however, that this does not apply to the part of the amount of that pension that exceeds the amount obtained by multiplying 200 yen by the number of months of the membership period relating to that dissolved National Pension Fund.
The provisions of Article 16 and Article 24 apply mutatis mutandis to the right to receive a pension or lump-sum benefit paid by the National Pension Fund Association; the provisions of Article 18, paragraphs (1) and (2) and Article 19, paragraph (1) and paragraphs (3) through (5) apply mutatis mutandis to a pension paid by the National Pension Fund Association; the provisions of Article 21-2 apply mutatis mutandis to a pension and a lump-sum benefit paid by the National Pension Fund Association; the provisions of Article 22 and Article 23 apply mutatis mutandis to the National Pension Fund Association; the provisions of Article 25, the second sentence of Article 70 and Article 71, paragraph (1) apply mutatis mutandis to a lump-sum benefit paid by the National Pension Fund Association; and the provisions of Article 29 apply mutatis mutandis to a pension that the National Pension Fund Association pays under Article 137-19, paragraph (2). In this case, the term "Minister of Health, Labour and Welfare" in Article 16 is deemed to be replaced with "National Pension Fund Association"; the terms "pension benefit payable" and "payment of a pension benefit" in Article 21-2 are deemed to be replaced with "lump-sum benefit payable" and "payment of a lump-sum benefit", respectively; the term "old-age basic pension" in Article 24 is deemed to be replaced with "pension paid by the National Pension Fund Association"; the term "person entitled to receive a benefit" in Article 29 is deemed to be replaced with "person who has the right to receive"; and the term "an insured person or a person who was an insured person" in Article 71, paragraph (1) is deemed to be replaced with "a member or a person who was a member".
The provisions of Article 95, Article 96, paragraphs (1) through (5), Article 97 and Article 98 apply mutatis mutandis to the amount to be collected under Article 23 as applied mutatis mutandis under the preceding paragraph and under Article 137-19, paragraph (1). In this case, the term "Minister of Health, Labour and Welfare" in Article 96, paragraphs (1), (2), (4) and (5) and Article 97, paragraph (1) is deemed to be replaced with "National Pension Fund Association"; the term "paragraph (1) of the preceding Article" is deemed to be replaced with "paragraph (1) of the preceding Article as applied mutatis mutandis under Article 137-21, paragraph (2)"; and the term "14.6% per annum (or, when that demand relates to a premium, 7.3% per annum for the period until the day three months have elapsed from the day following that due date for payment)" is deemed to be replaced with "14.6% per annum".
The provisions of Article 131-2 and Article 132 apply mutatis mutandis to the accumulation and investment of the reserve fund of the National Pension Fund Association, the investment of surplus funds arising in the course of its operations, and its business year and other financial matters. In this case, the term "the preceding Article and the preceding two paragraphs" in paragraph (3) of that Article is deemed to be replaced with "the preceding Article and the preceding two paragraphs as applied mutatis mutandis under Article 137-21, paragraph (3)".
Subsection 5 Dissolution and Liquidation第五款 解散及び清算
Article 137-22第百三十七条の二十二
Dissolution(解散)
Article 137-22, paragraph (1)
The National Pension Fund Association is dissolved for the following reasons:
連合会は、次に掲げる理由により解散する。
Article 137-22, paragraph (1), item (i)
A resolution of the board of councilors adopted by a majority of at least three-quarters of the fixed number of councilors;
評議員の定数の四分の三以上の多数による評議員会の議決
Article 137-22, paragraph (1), item (ii)
An order of dissolution under Article 142, paragraph (5).
第百四十二条第五項の規定による解散の命令
Article 137-22, paragraph (2)
When the National Pension Fund Association intends to dissolve for the reason set forth in item (i) of the preceding paragraph, it must obtain the authorization of the Minister of Health, Labour and Welfare.
Extinguishment of the Obligation to Pay a Pension and Lump-Sum Benefit upon Dissolution of the National Pension Fund Association(連合会の解散による年金及び一時金の支給に関する義務の消滅)
Article 137-23, paragraph (1)
When the National Pension Fund Association is dissolved, it is released from the obligation to pay the pension and lump-sum benefit that it is to pay under Article 137-17, paragraph (4) and Article 137-19, paragraph (2); provided, however, that this does not apply to the obligation to pay a pension or lump-sum benefit that should have been paid by the day of dissolution but has not yet been paid.
When the National Pension Fund Association is dissolved under Article 137-22, paragraph (1), item (i), the directors become the liquidators; provided, however, that this does not apply when the board of councilors elects another person.
When the National Pension Fund Association is dissolved under Article 137-22, paragraph (1), item (ii), the Minister of Health, Labour and Welfare appoints a liquidator.
The provisions of Article 136-2, Article 137, paragraph (2) (excluding item (ii)) and paragraph (3), and Article 137-2 through Article 137-2-4 apply mutatis mutandis to the liquidation of the National Pension Fund Association.
The provisions listed in column 1 of the following table apply mutatis mutandis to what is listed in column 2 of that table. In this case, the terms listed in column 3 of that table, in the provisions listed in column 1 of that table, are deemed to be replaced with the terms listed in column 4 of that table, respectively.
Column 1
Column 2
Column 3
Column 4
Article 101, paragraphs (1) through (3) and paragraph (5)
A person who is dissatisfied with a disposition concerning the status as a member of a National Pension Fund or as a member of the National Pension Fund Association, a disposition concerning a pension or lump-sum benefit, a disposition concerning a contribution, or a disposition concerning the amount to be collected under Article 23 as applied mutatis mutandis under Article 133 and Article 137-21, and under Article 137-19, paragraph (1)
Article 101-2
A person who is dissatisfied with a disposition concerning the status as a member of a National Pension Fund or as a member of the National Pension Fund Association, or a disposition concerning a pension or lump-sum benefit
paragraph (1) of the preceding Article
Article 101, paragraph (1) as applied mutatis mutandis under Article 138
Article 102, paragraphs (1) and (2)
pension
Article 102, paragraphs (4) and (5)
a contribution, the amount to be collected under Article 23 as applied mutatis mutandis under Article 133 and Article 137-21, and under Article 137-19, paragraph (1), and a lump-sum benefit
Article 104
the family register of a member, a person who was a member, or a person who has the right to receive a pension or lump-sum benefit
the Minister of Health, Labour and Welfare or an insured person, a person who was an insured person or a person entitled to receive a benefit
a National Pension Fund, the National Pension Fund Association, a member or a person who was a member, or a person who has the right to receive a pension or lump-sum benefit
Article 105 (excluding paragraph (2) (excluding the part that applies paragraph (2) of Article 12 mutatis mutandis) and paragraph (5))
a member, and a person who has the right to receive a pension or lump-sum benefit paid by a National Pension Fund or the National Pension Fund Association
the matter, in the case of an insured person other than a category 3 insured person, to the mayor of the municipality, and in the case of a category 3 insured person, the Minister of Health, Labour and Welfare
the matter, the National Pension Fund
to the Minister of Health, Labour and Welfare
to a National Pension Fund or the National Pension Fund Association
that fact, in the case of one relating to an insured person other than a category 3 insured person, to the mayor of the municipality, and in the case of one relating to a category 3 insured person or a person entitled to receive a benefit, the Minister of Health, Labour and Welfare
that fact, a National Pension Fund or the National Pension Fund Association
A National Pension Fund must, as provided by Order of the Ministry of Health, Labour and Welfare, notify the Minister of Health, Labour and Welfare of matters concerning the acquisition and loss of the status as a member of its members.
Confirmation, etc. of Documents Relating to Actuarial Calculation by an Actuary(年金数理関係書類の年金数理人による確認等)
Article 139-2, paragraph (1)
With respect to a document relating to operations concerning actuarial calculation that is specified by Order of the Ministry of Health, Labour and Welfare and that a National Pension Fund (including founding committee members, etc. intending to establish a National Pension Fund under Article 119, paragraph (1) or paragraph (3)) or the National Pension Fund Association (including incorporators intending to establish the National Pension Fund Association under Article 137-5) submits to the Minister of Health, Labour and Welfare under this Act, the document must be one that an actuary prescribed in Article 97, paragraph (2) of the Defined-Benefit Corporate Pension Act (Act No. 50 of 2001) has confirmed to have been prepared based on appropriate actuarial calculations, and has signed.
A National Pension Fund and the National Pension Fund Association must, as provided by Order of the Ministry of Health, Labour and Welfare, submit a report on their operations to the Minister of Health, Labour and Welfare.
When the Minister of Health, Labour and Welfare finds it necessary with respect to a National Pension Fund or the National Pension Fund Association, or a dissolved National Pension Fund or National Pension Fund Association, the Minister may collect a report on the status of its operations or its liquidation affairs, or may have the relevant officials enter the office of that National Pension Fund or National Pension Fund Association, or that dissolved National Pension Fund or National Pension Fund Association, and question persons concerned, or inspect the actual status.
The relevant officials who conduct questioning and inspection under the preceding paragraph must carry an identification card, and must present it when requested by a person concerned.
The authority pursuant to the provisions of paragraph (1) must not be construed as authorization for the purpose of a criminal investigation.
第一項の規定による権限は、犯罪捜査のために認められたものと解釈してはならない。
Article 142第百四十二条
Supervision of a National Pension Fund, etc.(基金等に対する監督)
Article 142, paragraph (1)
When the Minister of Health, Labour and Welfare, having collected a report or conducted questioning or inspection under the preceding Article, finds that the administration or execution of the operations of a National Pension Fund or the National Pension Fund Association, or the liquidation affairs of a dissolved National Pension Fund or National Pension Fund Association (hereinafter referred to as "conduct of the business of funds, etc."), violates laws and regulations, the articles, or a disposition of the Minister of Health, Labour and Welfare, finds that the conduct of the business of funds, etc. remarkably lacks propriety, or finds that an officer of a National Pension Fund or the National Pension Fund Association, or a liquidator of a dissolved National Pension Fund or National Pension Fund Association, clearly neglects the conduct of the business of funds, etc., the Minister may, specifying a period, order the National Pension Fund or the National Pension Fund Association or their officers, or the dissolved National Pension Fund or National Pension Fund Association or their liquidators, to take necessary measures to correct the violation or make improvements with respect to the conduct of the business of funds, etc.
When the Minister of Health, Labour and Welfare finds it necessary to ensure the sound operation of the business of a National Pension Fund or the National Pension Fund Association, the Minister may, specifying a period, order that National Pension Fund or National Pension Fund Association to amend its articles.
When a National Pension Fund or the National Pension Fund Association, or their officers, or a dissolved National Pension Fund or National Pension Fund Association, or their liquidators, violates an order under paragraph (1), or when a National Pension Fund or the National Pension Fund Association violates an order under the preceding paragraph, the Minister of Health, Labour and Welfare may, specifying a period, order that National Pension Fund or National Pension Fund Association, or that dissolved National Pension Fund or National Pension Fund Association, to replace all or part of the officers or liquidators relating to that violation.
When a National Pension Fund or the National Pension Fund Association, or a dissolved National Pension Fund or National Pension Fund Association, violates an order under the preceding paragraph, the Minister of Health, Labour and Welfare may replace the officers relating to the order under that paragraph, or dismiss the liquidators relating to the order under that paragraph.
When a National Pension Fund or the National Pension Fund Association violates an order under paragraph (1), or when the Minister of Health, Labour and Welfare finds, based on the status of its operations, that it is difficult to continue those operations, the Minister may order the dissolution of that National Pension Fund or National Pension Fund Association.
Of the authority of the Minister of Health, Labour and Welfare prescribed in this Chapter, the part relating to a National Pension Fund may, as provided by Order of the Ministry of Health, Labour and Welfare, be delegated in part to the Director-General of the Regional Bureau of Health and Welfare.
The authority delegated to the Director-General of the Regional Bureau of Health and Welfare under the preceding paragraph may, as provided by Order of the Ministry of Health, Labour and Welfare, be delegated to the Director-General of the Regional Branch Bureau of Health and Welfare.
A person who fails to make a report under Article 141, paragraph (1), or makes a false report, or who fails to answer a question by the relevant officials under that paragraph, or makes a false statement, or who refuses, obstructs, or evades an inspection under that paragraph, is subject to imprisonment for not more than six months or a fine of not more than 500,000 yen.
When a dissolved National Pension Fund, without justifiable reason, fails to pay, by the time limit specified in a demand letter, the amount to be collected that it is to bear under Article 137-19, paragraph (1), a representative, agent, employee or other worker who committed that violation is also subject to the same penalty as under the preceding paragraph.
When a representative, agent, employee or other worker of a juridical person commits the violation under the preceding Article in connection with the operations of that juridical person, the offender is punished, and, in addition, the fine under that Article is also imposed on that juridical person.
When a National Pension Fund or the National Pension Fund Association, or a dissolved National Pension Fund or National Pension Fund Association, falls under any of the following items, an officer, agent, employee or other worker of the National Pension Fund or National Pension Fund Association, or a liquidator of the dissolved National Pension Fund or National Pension Fund Association, who committed that violation is subject to a non-penal fine of not more than 200,000 yen.
When, in violation of Article 120, paragraph (4) (including as applied mutatis mutandis under Article 137-8, paragraph (2)), a notification is not made, or a false notification is made;
When, in violation of Article 139, a notification is not made, or a false notification is made;
第百三十九条の規定に違反して、届出をせず、又は虚偽の届出をしたとき。
Article 145, paragraph (1), item (iii)
When, in violation of Article 140, a report is not made, or a false report is made;
第百四十条の規定に違反して、報告をせず、又は虚偽の報告をしたとき。
Article 145, paragraph (1), item (iv)
When an order under Article 142, paragraph (1) is violated;
第百四十二条第一項の規定による命令に違反したとき。
Article 145, paragraph (1), item (v)
When a project other than a project that a National Pension Fund or the National Pension Fund Association is to conduct under the provisions of this Chapter is conducted.
この章の規定により基金又は連合会が行うものとされた事業以外の事業を行つたとき。
Article 146第百四十六条
Article 146, paragraph (1)
When a National Pension Fund or the National Pension Fund Association falls under any of the following items, an officer of the National Pension Fund or National Pension Fund Association who committed that violation is subject to a non-penal fine of not more than 200,000 yen.
When, in violation of Article 121 (including as applied mutatis mutandis under Article 137-9), public notice is neglected, or false public notice is given;
When, in violation of Article 137-3-4, paragraph (2) or Article 137-3-10, paragraph (2), a document is not kept, a matter that should be stated in that document is not stated, or a false statement is made, or inspection under those provisions is refused;
When, in violation of Article 137-17, paragraph (7) or Article 137-19, paragraph (7), notice is not given;
第百三十七条の十七第七項又は第百三十七条の十九第七項の規定に違反して、通知をしないとき。
Article 146, paragraph (1), item (iv)
When, in violation of Article 137-17, paragraph (8) (including as applied mutatis mutandis under Article 137-19, paragraph (8)), public notice is neglected, or false public notice is given.
In the cases listed in the following items, a non-penal fine of not more than 100,000 yen is imposed:
次の各号に掲げる場合には、十万円以下の過料に処する。
Article 147, paragraph (1), item (i)
When a member fails to make a notification in violation of Article 12, paragraph (1) as applied mutatis mutandis under Article 127-2, or Article 105, paragraph (1) as applied mutatis mutandis under Article 138; provided, however, that this excludes the case where a notification is made by the head of household under Article 12, paragraph (2) as applied mutatis mutandis under Article 127-2 (including as applied mutatis mutandis under Article 105, paragraph (2) as applied mutatis mutandis under Article 138);
When a member makes a false notification in violation of Article 12, paragraph (1) as applied mutatis mutandis under Article 127-2, or Article 105, paragraph (1) as applied mutatis mutandis under Article 138;
When the head of household to which a member belongs makes a false notification when making a notification under Article 12, paragraph (2) as applied mutatis mutandis under Article 127-2 (including as applied mutatis mutandis under Article 105, paragraph (2) as applied mutatis mutandis under Article 138);
When a person obligated to notify a death under the Family Register Act fails to make a notification in violation of the main clause of Article 105, paragraph (4) as applied mutatis mutandis under Article 138.
A person who, in violation of Article 118, paragraph (2) or Article 137-4-3, paragraph (2), uses the name "National Pension Fund" or the name "National Pension Fund Association" is subject to a non-penal fine of not more than 100,000 yen.
Supplementary Provisions, Article 6, paragraph (3)(遺族基礎年金の支給停止等に関する経過措置)Transitional Measures Concerning the Suspension of Payment of the Survivors' Basic Pension, etc.Added
A person who is to fall under the requirement for payment of a survivors' pension recipient support benefit prescribed in Article 20, paragraph (1) of the Act on Payment of Benefits for Supporting the Livelihood of Pension Recipients (Act No. 102 of 2012) (hereinafter in this Article simply referred to as a "survivors' pension recipient support benefit") as a result of the application, as of the effective date of item (viii), of the provisions of Article 41, paragraph (2) of the National Pension Act after the amendment under item (viii) (limited to a person for whom the whole amount of the survivors' basic pension had been suspended from payment, as of the day preceding the effective date of item (viii), under Article 41, paragraph (2) of the National Pension Act before the amendment under item (viii)) may, even before the effective date of item (viii), take the procedure for a claim for certification under Article 22, paragraph (1) of the Act on Payment of Benefits for Supporting the Livelihood of Pension Recipients with respect to that survivors' pension recipient support benefit that is to be paid on condition of falling under that requirement as of the effective date of item (viii).
Supplementary Provisions, Article 6, paragraph (4)(遺族基礎年金の支給停止等に関する経過措置)Transitional Measures Concerning the Suspension of Payment of the Survivors' Basic Pension, etc.Added
When a person who has taken the procedure under the preceding paragraph falls under the requirement for payment of the survivors' pension recipient support benefit pertaining to that procedure as of the effective date of item (viii), payment of that survivors' pension recipient support benefit to that person is to begin, notwithstanding Article 6, paragraph (1) of the Act on Payment of Benefits for Supporting the Livelihood of Pension Recipients as applied mutatis mutandis under Article 24 of that Act, from the month containing the effective date of item (viii).
Supplementary Provisions, Article 6, paragraph (5)(遺族基礎年金の支給停止等に関する経過措置)Transitional Measures Concerning the Suspension of Payment of the Survivors' Basic Pension, etc.Added
When a person who falls under the requirement for payment of a survivors' pension recipient support benefit as of the effective date of item (viii) (limited to a person for whom the whole amount of the survivors' basic pension had been suspended from payment, as of the day preceding the effective date of item (viii), under Article 41, paragraph (2) of the National Pension Act before the amendment under item (viii)) makes a claim for certification under Article 22, paragraph (1) of the Act on Payment of Benefits for Supporting the Livelihood of Pension Recipients during the period until the day on which three months have passed from the effective date of item (viii), payment of that survivors' pension recipient support benefit to that person is to begin, notwithstanding Article 6, paragraph (1) of that Act as applied mutatis mutandis under Article 24 of that Act, from the month containing the effective date of item (viii).