Supplementary Provisions, Article 64
第六十四条
Where a worker or their surviving family members are to receive a disability compensation pension or a compensation pension for surviving family, a disability pension for multiple-job workers or a pension for surviving family of multiple-job workers, or a disability pension or a pension for surviving family (hereinafter referred to as a "pension benefit" in this Article) (limited to cases where, at the time when they came to have the right to receive the pension benefit, they may claim an advance lump-sum payment of disability compensation pension or an advance lump-sum payment of compensation pension for surviving family, an advance lump-sum payment of disability pension for multiple-job workers or an advance lump-sum payment of pension for surviving family of multiple-job workers, or an advance lump-sum payment of disability pension or an advance lump-sum payment of pension for surviving family pertaining to the pension benefit (hereinafter referred to as an "advance lump-sum payment benefit" in this Article)), and they may receive, for the same reason, compensation for damages under the Civil Code or other laws (hereinafter simply referred to as "compensation for damages", limited to the part that compensates for the damage compensated for by the pension benefit) from the employer that hires or hired the worker, the compensation for damages is, for the time being, to be governed by the following provisions:
労働者又はその遺族が障害補償年金若しくは遺族補償年金、複数事業労働者障害年金若しくは複数事業労働者遺族年金又は障害年金若しくは遺族年金（以下この条において「年金給付」という。）を受けるべき場合（当該年金給付を受ける権利を有することとなつた時に、当該年金給付に係る障害補償年金前払一時金若しくは遺族補償年金前払一時金、複数事業労働者障害年金前払一時金若しくは複数事業労働者遺族年金前払一時金又は障害年金前払一時金若しくは遺族年金前払一時金（以下この条において「前払一時金給付」という。）を請求することができる場合に限る。）であつて、同一の事由について、当該労働者を使用している事業主又は使用していた事業主から民法その他の法律による損害賠償（以下単に「損害賠償」といい、当該年金給付によつて塡補される損害を塡補する部分に限る。）を受けることができるときは、当該損害賠償については、当分の間、次に定めるところによるものとする。
The employer may refrain from performing the compensation for damages until the right of the worker or their surviving family members to receive the pension benefit is extinguished, up to the limit of the amount which, when added together with the amount calculated at the statutory interest rate as at the time of the occurrence of the damage for the period from the time of the occurrence of the damage until the time when the advance lump-sum payment benefit pertaining to the pension benefit is to be received, would be the amount equivalent to the maximum amount of the advance lump-sum payment benefit (if the employer has been released from liability for compensation for damages pursuant to the provisions of the following item, the amount obtained by deducting the amount of that release);
Where the performance of compensation for damages is deferred pursuant to the provisions of the preceding item, if a pension benefit or an advance lump-sum payment benefit is paid, the employer is released from liability for the compensation for damages up to the limit of the amount which, when added together with the amount calculated at the statutory interest rate as at the time of the occurrence of the damage for the period from the time of the occurrence of the damage until the time when the payment was made, would be the amount of the pension benefit or the advance lump-sum payment benefit.
Where a worker or their surviving family members may receive compensation for damages from the employer that hires or hired the worker, and have received, for the same reason, compensation for damages (limited to the part that compensates for the damage compensated for by the insurance proceeds) when they are to receive insurance proceeds, the government may decide not to pay the insurance proceeds, at a maximum of the amount of the compensation, in accordance with the standards specified by the Minister of Health, Labour and Welfare after hearing the opinion of the Labor Policy Council; provided, however, that this does not apply to the following insurance proceeds in the case where they are to receive the pension benefit prescribed in the preceding paragraph:
pension benefits (limited to pension benefits for the period until the total amount of the amounts to be paid to the worker or their surviving family members for each month reaches, in accordance with the calculation method specified by Order of the Ministry of Health, Labour and Welfare, the amount equivalent to the maximum amount of the advance lump-sum payment benefit pertaining to the pension benefit (for a person who has received the payment of that advance lump-sum payment benefit, the amount obtained by deducting the amount received));
the differential lump-sum payment of disability compensation pension and the lump-sum compensation payment for surviving family paid in the case referred to in Article 16-6, paragraph (1), item (ii), the differential lump-sum payment of disability pension for multiple-job workers and the lump-sum payment for surviving family of multiple-job workers paid in the case referred to in Article 16-6, paragraph (1), item (ii) as applied mutatis mutandis pursuant to Article 20-6, paragraph (3) following the deemed replacement of terms, and the differential lump-sum payment of disability pension and the lump-sum payment for surviving family paid in the case referred to in Article 16-6, paragraph (1), item (ii) as applied mutatis mutandis pursuant to Article 22-4, paragraph (3) following the deemed replacement of terms; and
障害補償年金差額一時金及び第十六条の六第一項第二号の場合に支給される遺族補償一時金、複数事業労働者障害年金差額一時金及び第二十条の六第三項において読み替えて準用する第十六条の六第一項第二号の場合に支給される複数事業労働者遺族一時金並びに障害年金差額一時金及び第二十二条の四第三項において読み替えて準用する第十六条の六第一項第二号の場合に支給される遺族一時金