National Pension Act

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.

Where payment of the old-age basic pension is suspended in its entirety, payment of the additional pension is suspended during that period.

The right to receive the additional pension is extinguished when the person entitled to receive it dies.

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.

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.

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.

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.

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.