National Pension Act

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 the person has died;

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.

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;

When the person is committed to a juvenile training school or any other facility equivalent to it;

When the person does not have a domicile in Japan.

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.

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.

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 an insured person has died;

When 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, has died;

When a person whose period obtained by combining the premium-paid period and the premium exemption period is 25 years or more has died.

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).