Chapter III Insurance Benefits
第三章 保険給付
Section 1 General Rules
第一節 通則
Article 32Categories of Insurance Benefits
第三十二条(保険給付の種類)
The insurance benefits under this Act are as follows; the government and the implementing organizations (excluding the Minister of Health, Labour and Welfare; referred to as "the government and the implementing organizations" in Article 34, paragraph (1), Article 40, Article 79, paragraph (1) and paragraph (2), Article 81, paragraph (1), Article 84-5, paragraph (2) and Article 84-6, paragraph (2), and in Article 23-3 of the Supplementary Provisions) provide them:
この法律による保険給付は、次のとおりとし、政府及び実施機関(厚生労働大臣を除く。第三十四条第一項、第四十条、第七十九条第一項及び第二項、第八十一条第一項、第八十四条の五第二項並びに第八十四条の六第二項並びに附則第二十三条の三において「政府等」という。)が行う。
employees' old-age pensions;
老齢厚生年金
employees' disability pensions and disability allowances;
障害厚生年金及び障害手当金
employees' pensions for surviving family.
遺族厚生年金
第三十三条(裁定)
The implementing organization issues a ruling confirming a person's right to receive insurance benefits at the request of the person who has the right to receive that insurance benefit (hereinafter referred to as the "beneficiary").
保険給付を受ける権利は、その権利を有する者(以下「受給権者」という。)の請求に基づいて、実施機関が裁定する。
Article 34Term under Adjustment
第三十四条(調整期間)
If, in compiling the current budget status and projections report pursuant to the provisions of Article 2-4, paragraph (1), it is projected not to be possible, over the course of the period subject to budget balancing, to maintain balance in the reserve funds being retained by the government or the implementing organizations in the budget for employees' pension insurance services as the reserve funds that are necessary for ensuring that no obstacles will arise in the payment of insurance benefits at the end of the period subject to budget balancing (meaning the reserve funds in the employees' pension section of the pension special account and the implementing organization reserves provided for in Article 79-2 ), the government is to adjust the amount of insurance benefits, and, by Cabinet Order, is to specify the fiscal year that will begin the period during which the amount of insurance benefits is subject to that adjustment (hereinafter referred to as the "term under adjustment").
If, in the current budget status and projections report, it is found to be no longer necessary to implement the adjustment under the preceding paragraph, the government, by Cabinet Order, is to specify the fiscal year that will end the term under adjustment.
財政の現況及び見通しにおいて、前項の調整を行う必要がなくなつたと認められるときは、政令で、調整期間の終了年度を定めるものとする。
If the government is compiling the current budget status and projections report during a term under adjustment, it must also compile a projection on the fiscal year in which the term under adjustment will end, and must publicly announce these together.
政府は、調整期間において財政の現況及び見通しを作成するときは、調整期間の終了年度の見通しについても作成し、併せて、これを公表しなければならない。
第三十五条(端数処理)
When a ruling confirming a person's right to receive insurance benefits is issued or if the amount of insurance benefits is revised, amounts of insurance benefits are rounded to the nearest yen, with amounts under 50 sen being rounded down and amounts equal to or greater than 50 sen but less than one yen being rounded up.
保険給付を受ける権利を裁定する場合又は保険給付の額を改定する場合において、保険給付の額に五十銭未満の端数が生じたときは、これを切り捨て、五十銭以上一円未満の端数が生じたときは、これを一円に切り上げるものとする。
Beyond as provided for in the preceding paragraph, Cabinet Order prescribes numerical rounding for amounts of less than one yen that arise when amounts of insurance benefits are calculated.
前項に規定するもののほか、保険給付の額を計算する場合において生じる一円未満の端数の処理については、政令で定める。
Article 36Term of Payment and Payment Months for Pensions
第三十六条(年金の支給期間及び支払期月)
The payment of a pension is to begin in the month following the month in which the reason that a pension is to be paid has occurred, and is to end in the month in which the right to payment ceases to exist.
年金の支給は、年金を支給すべき事由が生じた月の翌月から始め、権利が消滅した月で終るものとする。
If any reason for which payment is to be suspended has occurred, a pension is not paid during the period from the month following the month in which that reason has occurred until the month in which that reason ceases to exist.
年金は、その支給を停止すべき事由が生じたときは、その事由が生じた月の翌月からその事由が消滅した月までの間は、支給しない。
Pensions are paid six times every year, in February, April, June, August, October, and December, in the amount that is due up to the previous month on each of these occasions; provided, however, pension that should have been paid in the previous payment month as well as pension for a term during which the right to payment has ceased to exist or payment has been suspended is to be paid even if the month in question is not a payment month.
年金は、毎年二月、四月、六月、八月、十月及び十二月の六期に、それぞれその前月分までを支払う。ただし、前支払期月に支払うべきであつた年金又は権利が消滅した場合若しくは年金の支給を停止した場合におけるその期の年金は、支払期月でない月であつても、支払うものとする。
Article 36-2Addition to Pension Paid in February
第三十六条の二(二月期支払の年金の加算)
Payment amounts under the provisions of paragraph (3) of the preceding Article are to be rounded down to the nearest yen.
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。
The total of all amounts discarded in the numerical rounding during the period from March of each year to February of the next year pursuant to the provisions of the preceding paragraph (rounded down to the nearest yen) is to be added to the amount of the pension paid in February.
毎年三月から翌年二月までの間において前項の規定により切り捨てた金額の合計額(一円未満の端数が生じたときは、これを切り捨てた額)については、これを当該二月の支払期月の年金額に加算するものとする。
Article 37Unpaid Insurance Benefits
第三十七条(未支給の保険給付)
If the beneficiary of insurance benefits has died and there are insurance benefits that should have been paid to the deceased but that had not yet been paid thereto, the deceased's spouse, child or children, father and mother, grandchild or grandchildren, grandfather and grandmother, brothers and sisters, or relative within the third degree of kinship other than the foregoing persons, who was living off the same financial resources as the beneficiary at the time of the beneficiary's death, may request payment of unpaid insurance benefits in their own name.
保険給付の受給権者が死亡した場合において、その死亡した者に支給すべき保険給付でまだその者に支給しなかつたものがあるときは、その者の配偶者、子、父母、孫、祖父母、兄弟姉妹又はこれらの者以外の三親等内の親族であつて、その者の死亡の当時その者と生計を同じくしていたものは、自己の名で、その未支給の保険給付の支給を請求することができる。
In a case as referred to in the preceding paragraph, if the person who has died was a wife who was the beneficiary of an employees' pension for surviving family, any child of the insured or former insured who was living off the same financial resources as the deceased at the time of her death and for whom a suspension on the payment of an employees' pension for surviving family has been lifted by her death is deemed to be a child as prescribed in that paragraph.
In a case as referred to in paragraph (1), if the deceased beneficiary had not claimed the insurance benefits prior to death, the person prescribed in that paragraph may claim insurance benefits in their own name.
Cabinet Order provides for the order in which persons are to receive unpaid insurance benefits.
未支給の保険給付を受けるべき者の順位は、政令で定める。
If there are two or more persons who are in the same place in the order in which persons are to receive unpaid insurance benefits, any claim made by one of them is deemed to have been made for all of them with regard to the entire amount, and any payment made to one of them is deemed to have been made to all of them.
未支給の保険給付を受けるべき同順位者が二人以上あるときは、その一人のした請求は、全員のためその全額につきしたものとみなし、その一人に対してした支給は、全員に対してしたものとみなす。
Article 38Adjustment for Combined Benefits
第三十八条(併給の調整)
Payment of pension benefits from an employees' disability pension is suspended during a period in which a beneficiary is eligible to receive other pension insurance benefits, or pension benefits under the National Pension Act (other than a basic disability pension paid based on the same grounds for payment as the employees' disability pension). Similarly, payment of pension benefits from an employees' old-age pension is suspended during the period in which a beneficiary is eligible to receive other pension insurance benefits (other than an employees' pension for surviving family) or pension benefits under the National Pension Act (other than an old-age basic pension, additional pension, or basic disability pension), and the payment of pension benefits from an employees' pension for surviving family is suspended during the period in which a beneficiary is eligible to receive other pension insurance benefits (other than an employees' old-age pension) or pension benefits under that Act (other than an old-age basic pension and additional pension, a basic disability pension, or a basic pension for surviving family to be paid based on the same grounds for payment as the employees' pension for surviving family in question).
障害厚生年金は、その受給権者が他の年金たる保険給付又は国民年金法による年金たる給付(当該障害厚生年金と同一の支給事由に基づいて支給される障害基礎年金を除く。)を受けることができるときは、その間、その支給を停止する。老齢厚生年金の受給権者が他の年金たる保険給付(遺族厚生年金を除く。)又は同法による年金たる給付(老齢基礎年金及び付加年金並びに障害基礎年金を除く。)を受けることができる場合における当該老齢厚生年金及び遺族厚生年金の受給権者が他の年金たる保険給付(老齢厚生年金を除く。)又は同法による年金たる給付(老齢基礎年金及び付加年金、障害基礎年金並びに当該遺族厚生年金と同一の支給事由に基づいて支給される遺族基礎年金を除く。)を受けることができる場合における当該遺族厚生年金についても、同様とする。
Notwithstanding the provisions of the preceding paragraph, a beneficiary of pension insurance benefits whose payment is to be suspended pursuant to the provisions of that paragraph may apply for the suspension of payment to be lifted; provided, however, that this does not apply with regard to that person's other pension insurance benefits or pension benefits under the National Pension Act as referred to in the preceding paragraph, if these have been lifted in accordance with the provisions of the main clause of this or the following paragraph or provisions of other laws and regulations prescribed by Cabinet Order as being equivalent thereto.
If pension insurance benefits whose payment is to be suspended pursuant to the provisions of paragraph (1) will be paid for the month that includes the day on which the reason for the suspension of payment has occurred, an application as referred to in the preceding paragraph concerning those pension insurance benefits is deemed to have been filed at the time the reason occurred.
An application as referred to in paragraph (2) (or an application as referred to in paragraph (2), if it is deemed, pursuant to the provisions of the preceding paragraph, that such an application has been filed) may be prospectively withdrawn at any time.
Article 38-2Suspension of Payment at the Beneficiary's Request
第三十八条の二(受給権者の申出による支給停止)
At the request of the beneficiary, payment is suspended in full for pension insurance benefits (other than pension insurance benefits whose payment is suspended in full pursuant to other provisions of this Act or the provisions of other laws and regulations); provided, however, that if there is a partial suspension on payment of those benefits pursuant to other provisions of this Act or the provisions of other laws and regulations, payment of the amount not suspended thereby is suspended.
年金たる保険給付(この法律の他の規定又は他の法令の規定によりその全額につき支給を停止されている年金たる保険給付を除く。)は、その受給権者の申出により、その全額の支給を停止する。ただし、この法律の他の規定又は他の法令の規定によりその額の一部につき支給を停止されているときは、停止されていない部分の額の支給を停止する。
If a suspension on payment under other provisions of this Act or the provisions of other laws and regulations has been lifted for pension insurance benefits that are subject to a partial suspension on payment as referred to in the proviso to the preceding paragraph, the payment of pension insurance benefits as referred to in the main clause of the preceding paragraph is suspended in full.
The request under paragraph (1) may be prospectively withdrawn at any time.
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。
Pension benefits whose payment is suspended pursuant to the provisions of paragraph (1) or paragraph (2) are deemed not to be subject to a suspension of payment as it concerns the application of the provisions of laws and regulations as provided for by Cabinet Order.
Cabinet Order provides for the means of suspending payment pursuant to the provisions of paragraph (1) and for other necessary particulars in connection with the application of the provisions of the preceding paragraphs.
Article 39Adjustment of Pension Payments
第三十九条(年金の支払の調整)
If the right of the beneficiary of a first pension to receive benefits under the first pension is to cease to exist because the beneficiary has acquired a right to receive benefits under a second pension, but the first pension has been paid for any month following that in which the right to receive benefits under the first pension ceased to exist, the first pension that has been paid for that month is deemed to be a partial payment of the second pension; if the payment of benefits under a first pension is to be suspended and a second pension is to be paid to the same person, but a payment of monies from the first pension has been made for any month following that in which the right to receive benefits under the first pension ceased to exist or the reason to suspend payment of the first pension has occurred, the first pension that has been paid for that month is deemed to be a partial payment of the second pension.
乙年金の受給権者が甲年金の受給権を取得したため乙年金の受給権が消滅し、又は同一人に対して乙年金の支給を停止して甲年金を支給すべき場合において、乙年金の受給権が消滅し、又は乙年金の支給を停止すべき事由が生じた月の翌月以後の分として、乙年金の支払が行われたときは、その支払われた乙年金は、甲年金の内払とみなす。
If, in spite of the occurrence of a reason for suspending the payment of a pension, a pension has been paid for any period for which payment was to be suspended, the pension paid in that manner may be deemed to be partial payment of the pension to be paid thereafter. If, in spite of the occurrence of a reason to revise a pension by reducing its amount, a pension has been paid in an unreduced amount for any month following that in which the reason to reduce its amount occurred, the foregoing also applies to the part of the payment constituting the amount by which the pension was to have been reduced.
年金の支給を停止すべき事由が生じたにもかかわらず、その停止すべき期間の分として年金が支払われたときは、その支払われた年金は、その後に支払うべき年金の内払とみなすことができる。年金を減額して改定すべき事由が生じたにもかかわらず、その事由が生じた月の翌月以後の分として減額しない額の年金が支払われた場合における当該年金の当該減額すべきであつた部分についても、同様とする。
If the payment of pension benefits under the National Pension Act is to be suspended and pension insurance benefits (limited to the benefits paid by the Minister of Health, Labour and Welfare; the same applies hereinafter in this paragraph) are to be paid to the same person, but pension benefits under that Act have been paid for any month following that in which the reason for paying pension insurance benefits has occurred, the pension benefits under that Act that have been paid may be deemed to be a partial payment of pension insurance benefits.
第三十九条の二
If, in spite of the right to receive benefits having ceased to exist due to the death of the beneficiary of pension insurance benefits, the pension insurance benefits were overpaid due to payment for any month following the month that includes the date of the beneficiary's death, but there are pension insurance benefits that are to be paid to the person who is to perform obligations under the claim for the return of monies that has resulted from the overpayment (hereinafter referred to as a "claim for the return of monies"), the amount of payment under the pension insurance benefits may be appropriated as the amount of the claim for the return of monies that resulted from the overpayment, pursuant to Order of the Ministry of Health, Labour and Welfare.
年金たる保険給付の受給権者が死亡したためその受給権が消滅したにもかかわらず、その死亡の日の属する月の翌月以後の分として当該年金たる保険給付の過誤払が行われた場合において、当該過誤払による返還金に係る債権(以下「返還金債権」という。)に係る債務の弁済をすべき者に支払うべき年金たる保険給付があるときは、厚生労働省令で定めるところにより、当該年金たる保険給付の支払金の金額を当該過誤払による返還金債権の金額に充当することができる。
If an accident has been caused by the actions of a third party and the government or an implementing organization has paid insurance benefits, it acquires the beneficiary's right to claim compensation for loss or damage against the third party, up to the value of those benefits.
In a case as referred to in the preceding paragraph, if a beneficiary has been compensated for loss or damage by the third party for the same reason, the government or the implementing organization may withhold insurance benefits, up to the value of that compensation.
Article 40-2Collection of a Benefit Wrongfully Gained
第四十条の二(不正利得の徴収)
If a person has received insurance benefits by deception or other wrongful means, the implementing organization may collect from that person an amount equal to all or part of the benefits that the person received.
偽りその他不正の手段により保険給付を受けた者があるときは、実施機関は、受給額に相当する金額の全部又は一部をその者から徴収することができる。
The right to receive insurance benefits may not be assigned, provided as collateral, or attached; provided, however, that this does not apply if the right to receive the employees' old-age pension is attached in collection proceedings for delinquent national tax (including a procedure to be enforced pursuant to the provisions on collection proceedings for delinquent national tax).
保険給付を受ける権利は、譲り渡し、担保に供し、又は差し押えることができない。ただし、老齢厚生年金を受ける権利を国税滞納処分(その例による処分を含む。)により差し押える場合は、この限りでない。
Taxes and other public charges may not be imposed upon money paid as insurance benefits; provided, however, that this does not apply to employees' old-age pensions.
租税その他の公課は、保険給付として支給を受けた金銭を標準として、課することができない。ただし、老齢厚生年金については、この限りでない。
Section 2 Employees' Old-Age Pension
第二節 老齢厚生年金
第四十二条(受給権者)
An employees' old-age pension is paid to a person with an insured period if that person has come to fall under both of the following items:
老齢厚生年金は、被保険者期間を有する者が、次の各号のいずれにも該当するに至つたときに、その者に支給する。
being 65 years of age or older; or
六十五歳以上であること。
having a total premium-paid period and premium-exemption period of 10 years or longer.
第四十三条(年金額)
The amount of employees' old-age pension is the amount arrived at when the number of months in the insured period is multiplied by an amount equal to 5.481/1000 of the average standardized amount of remuneration for the whole period during which the person was an insured (meaning the number arrived at when the standardized monthly amounts of remuneration and the standardized amounts of bonuses in each month that constitute a basis for calculation of the insured period are multiplied by the rates provided in the relevant items of the appended table for the category of beneficiary set forth in that item (hereinafter referred to as the "revaluation rate"), and the total is divided by the number of months in the insured period; the same applies hereinafter except for cases in Article 17-6, paragraph (1) and Article 29, paragraph (3) of the Supplementary Provisions).
老齢厚生年金の額は、被保険者であつた全期間の平均標準報酬額(被保険者期間の計算の基礎となる各月の標準報酬月額と標準賞与額に、別表各号に掲げる受給権者の区分に応じてそれぞれ当該各号に定める率(以下「再評価率」という。)を乗じて得た額の総額を、当該被保険者期間の月数で除して得た額をいう。附則第十七条の六第一項及び第二十九条第三項を除き、以下同じ。)の千分の五・四八一に相当する額に被保険者期間の月数を乗じて得た額とする。
If a beneficiary is an insured on September 1 of each year (hereinafter in this paragraph referred to as the "base date") (excluding a case where the beneficiary acquires status as an insured on the base date), the period during which the beneficiary was an insured before the month that includes the base date is to be the basis for the calculation of the amount of the employees' old-age pension, and the amount of pension is revised from the month following the month that includes the base date; provided, however, that if the base date falls in the period from the day on which the beneficiary forfeited status as an insured until the day on which the beneficiary again acquires status as an insured, and the period from the day on which the beneficiary forfeited status as an insured until the day on which the beneficiary again acquires status as an insured is one month or less, the period during which the beneficiary was an insured before the month that includes the base date is to be the basis for the calculation of the amount of the employees' old-age pension, and the amount of pension is revised from the month following the month that includes the base date.
受給権者が毎年九月一日(以下この項において「基準日」という。)において被保険者である場合(基準日に被保険者の資格を取得した場合を除く。)の老齢厚生年金の額は、基準日の属する月前の被保険者であつた期間をその計算の基礎とするものとし、基準日の属する月の翌月から、年金の額を改定する。ただし、基準日が被保険者の資格を喪失した日から再び被保険者の資格を取得した日までの間に到来し、かつ、当該被保険者の資格を喪失した日から再び被保険者の資格を取得した日までの期間が一月以内である場合は、基準日の属する月前の被保険者であつた期間を老齢厚生年金の額の計算の基礎とするものとし、基準日の属する月の翌月から、年金の額を改定する。
If a beneficiary who is an insured forfeits status as an insured and one month passes after the day on which the beneficiary forfeits status as an insured without the beneficiary's becoming an insured, the period during which the beneficiary was insured before the month in which the beneficiary forfeited status as an insured is to be the basis for the calculation of employees' old-age pension, and the amount of pension is revised as of the month that includes the day that is calculated as falling one month after the day on which the beneficiary forfeited that status (or the day falling under one of the items from item (ii) through item (iv) of Article 14, if applicable).
被保険者である受給権者がその被保険者の資格を喪失し、かつ、被保険者となることなくして被保険者の資格を喪失した日から起算して一月を経過したときは、その被保険者の資格を喪失した月前における被保険者であつた期間を老齢厚生年金の額の計算の基礎とするものとし、資格を喪失した日(第十四条第二号から第四号までのいずれかに該当するに至つた日にあつては、その日)から起算して一月を経過した日の属する月から、年金の額を改定する。
Article 43-2Revision of the Revaluation Rate; Related Matters
第四十三条の二(再評価率の改定等)
The revaluation rate is revised every year based on the rate arrived at when the rate specified in item (i) (hereinafter referred to as the "price fluctuation rate") is multiplied by the rates prescribed in item (ii) and (iii) (hereinafter the rate so arrived at is referred to as the "rate of fluctuation in nominal net wages"), and applied to insurance benefits in and after April of the relevant fiscal year:
the rate of the price index (meaning the average annual national consumer price index compiled by the Ministry of Internal Affairs and Communications; the same applies hereinafter) for the year prior to the year that includes the first day of the relevant fiscal year, in comparison to the price index for the year two years prior to the year that includes the first day of the relevant fiscal year;
当該年度の初日の属する年の前々年の物価指数(総務省において作成する年平均の全国消費者物価指数をいう。以下同じ。)に対する当該年度の初日の属する年の前年の物価指数の比率
the rate that constitutes the cube root of the quotient arrived at when the rate set forth in (a) is divided 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
the rate of the average standardized amount of remuneration for insureds (meaning an amount calculated as specified by Cabinet Order in consideration of fluctuations in the statistical distribution of gender, age, and standardized monthly amounts of remuneration among insureds as an amount that is equivalent to the amount arrived at when the total standardized monthly amount of remuneration in each fiscal year is divided by the number of insureds in each fiscal year and the resulting quotient is divided by 12; the same applies hereinafter in this item) in the fiscal year two years prior to the relevant fiscal year, in comparison to the average standardized amount of remuneration for insureds in the fiscal year that included the April 1 of the year five years prior to the year that includes the first day of the relevant fiscal year;
the rate of the price index in the year two years prior to the year that includes the first day of the relevant fiscal year, in comparison to the price index in the year five years prior to the year that includes the first day of the relevant fiscal year.
当該年度の初日の属する年の五年前の年における物価指数に対する当該年度の初日の属する年の前々年における物価指数の比率
the rate arrived at when the rate set forth in (a) is divided 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
the rate arrived at when a percentage equivalent to one-half of the rate of insurance premiums under the provisions of this Act (hereinafter referred to as the "insurance premium rate") as of September 1 of the year three years prior to the year that includes the first day of the relevant fiscal year is deducted from 0.910;
〇・九一〇から当該年度の初日の属する年の三年前の年の九月一日におけるこの法律の規定による保険料率(以下「保険料率」という。)の二分の一に相当する率を控除して得た率
the rate arrived at when a percentage equivalent to one-half of the insurance premium rate as of September 1 of the year four years prior to the year that includes the first day of the relevant fiscal year is deducted from 0.910.
〇・九一〇から当該年度の初日の属する年の四年前の年の九月一日における保険料率の二分の一に相当する率を控除して得た率
Notwithstanding the provisions of the preceding paragraph, the rates provided for in the following items are the basis for revision of the revaluation rate set forth in those items:
the revaluation rate for the standardized monthly remuneration for months that fall in the fiscal year preceding the relevant fiscal year (hereinafter referred to as the "standardized remuneration in the previous fiscal year"):the rate set forth in item (iii) of the preceding paragraph (hereinafter referred to as the "rate of fluctuation in the proportion of disposable income");
the revaluation rate for the standardized monthly remuneration for months that fall in the fiscal year two years prior to the relevant fiscal year or for months that fall in the fiscal year that includes the April 1 of the year three years prior to the year that includes the first day of the relevant fiscal year (hereinafter referred to as the "standardized remuneration two or three fiscal years prior"):the rate arrived at when the rate of fluctuation in the proportion of disposable income is multiplied by the price fluctuation rate.
当該年度の前々年度又は当該年度の初日の属する年の三年前の年の四月一日の属する年度に属する月の標準報酬(以下「前々年度等の標準報酬」という。)に係る再評価率 物価変動率に可処分所得割合変化率を乗じて得た率
The revaluation rate for the standardized monthly amount of remuneration for months that fall in the relevant fiscal year is established based on the rate arrived at when the rate of fluctuation in the proportion of disposable income is multiplied by the revaluation rate for the standardized monthly amount of remuneration for months that fall in the fiscal year before the relevant fiscal year.
当該年度に属する月の標準報酬に係る再評価率については、当該年度の前年度におけるその年度に属する月の標準報酬に係る再評価率に可処分所得割合変化率を乗じて得た率を基準として設定する。
Cabinet Order provides for measures to revise and establish the revaluation rate under the provisions of the preceding three paragraphs.
第四十三条の三
Notwithstanding the provisions of the preceding Article, the price fluctuation rate (or, if the price fluctuation rate exceeds the rate of fluctuation in nominal net wages, the rate of fluctuation in nominal net wages) is the basis for the revision of the revaluation rate that applies in and after the fiscal year (referred to in Article 43-5 as the "base fiscal year") that includes the April 1 of the calendar year that falls three years after the calendar year which includes the first day of the fiscal year in which the day on which the beneficiary reaches 65 years of age falls (hereinafter referred to as the "post-base fiscal year revaluation rate").
Notwithstanding the provisions of preceding paragraph, the provisions of the items under paragraph (2) of the preceding Article apply to the revision of the post-base fiscal year revaluation rate for the standardized remuneration in the previous fiscal year and the standardized remuneration two or three fiscal years prior.
前年度の標準報酬及び前々年度等の標準報酬に係る基準年度以後再評価率の改定については、前項の規定にかかわらず、前条第二項各号の規定を適用する。
Cabinet Order provides for measures to revise the post-base fiscal year revaluation rate under the provisions of the preceding two paragraphs.
前二項の規定による基準年度以後再評価率の改定の措置は、政令で定める。
Article 43-4Special Provisions on Revision of the Revaluation Rate in a Term Under Adjustment
第四十三条の四(調整期間における再評価率の改定等の特例)
Notwithstanding the provisions of the preceding two Articles, the rate arrived at when the rate of fluctuation in nominal net wages is multiplied by the rate arrived at when the adjustment rate (meaning the rate arrived at when the rate set forth in item (i) is multiplied by the rate set forth in item (ii) (or 1, if the rate so arrived at exceeds 1); the same applies hereinafter in this Article and the following Article) is multiplied by the special adjustment rate for the year before the fiscal year in question (or the number 1, if the final product is lower than 1; hereinafter in this Article, this final product is referred to as the "calculation rate") is the basis for the revision of the revaluation rate in a term under adjustment:
the rate that constitutes the cube root of the percentage of the number calculated as specified by Cabinet Order as the total number of insureds covered by public pensions (meaning insureds under this Act or the National Pension Act) (hereinafter in this item referred to as the "total number of insureds covered by public pensions") in the fiscal year two years before the relevant fiscal year, in comparison to the total number of insureds covered by public pensions in the fiscal year that includes the April 1 of the calendar year five years before the calendar year in which the first day of the relevant fiscal year falls;
当該年度の初日の属する年の五年前の年の四月一日の属する年度における公的年金の被保険者(この法律又は国民年金法の被保険者をいう。)の総数として政令で定めるところにより算定した数(以下この号において「公的年金被保険者総数」という。)に対する当該年度の前々年度における公的年金被保険者総数の比率の三乗根となる率
0.997
〇・九九七
Notwithstanding the provisions of the preceding paragraph, the rates provided for in the following items are the basis for the revision of the revaluation rates set forth in those items during a term under adjustment:
the revaluation rate for the standardized remuneration in the previous fiscal year: the rate arrived at when the rate set forth in (a) is multiplied by the rate set forth in (b) (or, if the calculation rate is 1, the rate arrived at when the rate that has been arrived at as the product of the foregoing multiplication is multiplied by the rate arrived at when the number 1 is divided by the rate that is arrived at when the rate set forth in (c) is multiplied by the rate set forth in (b)):
the rate arrived at when the adjustment rate is multiplied by the special adjustment rate in the year before the relevant fiscal year;
調整率に当該年度の前年度の特別調整率を乗じて得た率
the revaluation rate for the standardized remuneration two or three fiscal years prior:the rate arrived at when the price fluctuation rate is multiplied by the rate set forth in (a) of the preceding item and in (b) of that item (or, if the calculation rate is 1, the rate arrived at when the rate that has been arrived at as the product of the foregoing multiplication is multiplied by the rate arrived at when the number 1 is divided by the rate that is arrived at when the rate set forth in (c) of that item is multiplied by the rate set forth in (b) of that item).
Notwithstanding the provisions of Article 43-2, paragraph (3), the revaluation rate for the standardized remunerations for months that fall in the relevant fiscal year during a term under adjustment is established based on the rate arrived at when the revaluation rate for the standardized remunerations for months that fell in the fiscal year that preceded the relevant fiscal year is multiplied by the rate set forth in item (i) and the rate set forth in item (ii) (or, if the calculation rate is 1, the rate arrived at when the rate that has been arrived at as the product of the foregoing multiplication is multiplied by the rate arrived at when the number 1 is divided by the rate that is arrived at when the rate set forth in item (iii) is multiplied by the rate set forth in item (ii)):
the rate arrived at when the adjustment rate is multiplied by the special adjustment rate in the year before the relevant fiscal year;
調整率に当該年度の前年度の特別調整率を乗じて得た率
Notwithstanding the provisions of the preceding three paragraphs, the revision or establishment of the revaluation rate in a case in which the rate of fluctuation in nominal net wages is less than 1 during a term under adjustment is subject to the provisions of Article 43-2, paragraphs (1) through (3).
名目手取り賃金変動率が一を下回る場合の調整期間における再評価率の改定又は設定については、前三項の規定にかかわらず、第四十三条の二第一項から第三項までの規定を適用する。
The special adjustment rate referred to in paragraph (1) through paragraph (3) means the rate established pursuant to the provisions of item (i) and revised pursuant to the provisions of item (ii).
第一項から第三項までの特別調整率とは、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。
the special adjustment rate in fiscal 2017 is 1.
平成二十九年度における特別調整率は、一とする。
the special adjustment rate is revised every year based on the rate arrived at when the rate that is arrived at when the rate of fluctuation in nominal net wages is multiplied by the adjustment rate is divided by the calculation rate (or, if the rate of fluctuation in nominal net wages is lower than 1, the adjustment rate).
特別調整率については、毎年度、名目手取り賃金変動率に調整率を乗じて得た率を算出率で除して得た率(名目手取り賃金変動率が一を下回るときは、調整率)を基準として改定する。
Cabinet Order provides for measures to revise and establish the revaluation rate under the provisions of each of the preceding paragraphs.
第四十三条の五
Notwithstanding the provisions of the preceding Article, the revision of the post-base fiscal year revaluation rate during a term under adjustment has as its basis the rate arrived at when the rate set forth in item (i) is multiplied by the rate set forth in item (ii) (or, if the relevant rate is lower than 1, 1; hereinafter in this Article referred to as "post-base fiscal year calculation rate"):
調整期間における基準年度以後再評価率の改定については、前条の規定にかかわらず、第一号に掲げる率に第二号に掲げる率を乗じて得た率(当該率が一を下回るときは、一。以下この条において「基準年度以後算出率」という。)を基準とする。
price fluctuation rate (or, if the price fluctuation rate exceeds the rate of fluctuation in nominal net wages, the rate of fluctuation in nominal net wages);
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)
the rate arrived at when the adjustment rate is multiplied by the post-base fiscal year special adjustment rate in the year before the relevant fiscal year (or, if the relevant fiscal year is the base fiscal year, the special adjustment rate provided for in paragraph (5) of the preceding Article in the year before the relevant fiscal year; the same applies in item (i), (b) of the following paragraph and item (ii) of paragraph 3).
Notwithstanding the provisions of the preceding paragraph, the rate provided for in each of the following items is the basis for the revision of the post-base fiscal year revaluation rate set forth in each of those items in a term under adjustment:
調整期間における次の各号に掲げる基準年度以後再評価率の改定については、前項の規定にかかわらず、当該各号に定める率を基準とする。
the post-base fiscal year revaluation rate for the standardized remuneration in the previous fiscal year: the rate arrived at when the rate set forth in (a) is multiplied by the rate set forth in (b) (or, if the post-base fiscal year calculation rate is 1, the rate arrived at when the rate that has been arrived at as the product of the foregoing multiplication is multiplied by the rate arrived at when the number 1 is divided by the rate that is arrived at when the rate set forth in (c) is multiplied by the rate set forth in (b)):
前年度の標準報酬に係る基準年度以後再評価率 イに掲げる率にロに掲げる率を乗じて得た率(基準年度以後算出率が一となる場合にあつては、当該乗じて得た率に、一をハに掲げる率にロに掲げる率を乗じて得た率で除して得た率を乗じて得た率)
the rate arrived at when the adjustment rate is multiplied by the post-base fiscal year special adjustment rate in the previous fiscal year,
the price fluctuation rate (or, if the price fluctuation rate exceeds the rate of fluctuation in nominal net wages, the rate of fluctuation in nominal net wages);
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)
the post-base fiscal year revaluation rate for the standardized remuneration two or three fiscal years prior:the rate arrived at when the price fluctuation rate is multiplied by the rate set forth in (a) of the preceding item and the rate set forth in (b) of that item (or, if the post-base fiscal year calculation rate is 1, the rate arrived at when the rate that has been arrived at as the product of the foregoing multiplication is multiplied by the rate arrived at when the number 1 is divided by the rate that is arrived at when the rate set forth in (c) is multiplied by the rate set forth in (b)).
前々年度等の標準報酬に係る基準年度以後再評価率 物価変動率に前号イに掲げる率及び同号ロに掲げる率を乗じて得た率(基準年度以後算出率が一となる場合にあつては、当該乗じて得た率に、一を同号ハに掲げる率に同号ロに掲げる率を乗じて得た率で除して得た率を乗じて得た率)
Notwithstanding the provisions of paragraph (3) of the preceding Article, the post-base fiscal year revaluation rate associated with the standardized monthly amount of remuneration for months that fall in the relevant fiscal year during a term under adjustment is established based on the rate arrived at when the post-base fiscal year revaluation rate associated with the standardized monthly amount of remuneration for months that fell in the fiscal year that preceded the relevant fiscal year (or, if the relevant fiscal year is the base fiscal year, the rate arrived at when the rate that has been arrived at as the product of the foregoing multiplication is multiplied by the rate arrived at when the number 1 is divided by the rate that is arrived at when the rate set forth in item (iii) is multiplied by the rate set forth in item (ii)) is multiplied by the rate set forth in item (i) and the rate set forth in item (ii):
the rate arrived at when the adjustment rate is multiplied by the post-base fiscal year special adjustment rate in the year before the relevant fiscal year;
the price fluctuation rate (or, if the price fluctuation rate exceeds the rate of fluctuation in nominal net wages, the rate of fluctuation in nominal net wages).
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)
Notwithstanding the provisions of the preceding three paragraphs, the revision or establishment of the post-base fiscal year revaluation rate in a case in which the price fluctuation rate or the rate of fluctuation in nominal net wages is less than 1 during the term under adjustment is subject to the provisions of Article 43-2, paragraph (3) and Article 43-3, paragraphs (1) and (2).
物価変動率又は名目手取り賃金変動率が一を下回る場合の調整期間における基準年度以後再評価率の改定又は設定については、前三項の規定にかかわらず、第四十三条の二第三項並びに第四十三条の三第一項及び第二項の規定を適用する。
The post-base fiscal year special adjustment rate referred to in paragraph (1) through paragraph (3) means the rate established pursuant to the provisions of item (i) and revised pursuant to the provisions of item (ii).
第一項から第三項まで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。
the post-base fiscal year special adjustment rate in the base fiscal year is the rate arrived at when the rate set forth in (a) is multiplied 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。
the special adjustment rate specified in the provisions of paragraph (5) of the preceding Article in the fiscal year before the base fiscal year;
the rate arrived at when the rate that is arrived at when the price fluctuation rate (or, if the price fluctuation rate is greater than the rate of fluctuation in nominal net wages, the rate of fluctuation in nominal net wages) is multiplied by the adjustment rate, is divided by the post-base fiscal year calculation rate (or, if the price fluctuation rate or the rate of fluctuation in nominal net wages is less than 1, the adjustment 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)に調整率を乗じて得た率を基準年度以後算出率で除して得た率(物価変動率又は名目手取り賃金変動率が一を下回るときは、調整率)
the post-base fiscal year special adjustment rate is revised every fiscal year based on the rate set forth in (b) of the preceding item.
Cabinet Order provides for measures to revise or establish the post-base fiscal year revaluation rate under the provisions of each of the preceding paragraphs.
前各項の規定による基準年度以後再評価率の改定又は設定の措置は、政令で定める。
Article 44Additional Amounts of Pension
第四十四条(加給年金額)
Notwithstanding the provisions of Article 43, if, at the time that the beneficiary acquired the right to receive benefits (or at the time that the insured period had reached 240 months pursuant to the provisions of Article 43, paragraph (2) or (3), if the insured period constituting the basis for the calculation of the amount of the employees' old-age pension was less than 240 months at the time that the beneficiary acquired the right to receive those benefits; the same applies in paragraph (3)), the beneficiary had a spouse under the age of 65 or a child (limited to children of ages from birth until the first March 31 on or after the day on which the child reaches the age of 18, and to children under the age of 20 with disabilities classified as Grade 1 or Grade 2 of the disability grades provided in Article 47, paragraph (2) (hereinafter referred to simply as "disability grades" in this Article)) who was receiving financial support from the beneficiary, the amount of employees' old-age pension (limited to one calculated based on an insured period of 240 months or more) is calculated by adding an additional amount of pension to the amount provided for in that Article; provided, however, that if the beneficiary has a child to whose pension an amount is added pursuant to the provisions of Article 33-2, paragraph (1) of the National Pension Act (unless the payment is suspended for the entire portion that is equal to the additional amount to be paid for the child), the payment of the portion equal to the additional amount to be paid for the child is suspended during that period.
老齢厚生年金(その年金額の計算の基礎となる被保険者期間の月数が二百四十以上であるものに限る。)の額は、受給権者がその権利を取得した当時(その権利を取得した当時、当該老齢厚生年金の額の計算の基礎となる被保険者期間の月数が二百四十未満であつたときは、第四十三条第二項又は第三項の規定により当該月数が二百四十以上となるに至つた当時。第三項において同じ。)その者によつて生計を維持していたその者の六十五歳未満の配偶者又は子(十八歳に達する日以後の最初の三月三十一日までの間にある子及び二十歳未満で第四十七条第二項に規定する障害等級(以下この条において単に「障害等級」という。)の一級若しくは二級に該当する障害の状態にある子に限る。)があるときは、第四十三条の規定にかかわらず、同条に定める額に加給年金額を加算した額とする。ただし、国民年金法第三十三条の二第一項の規定により加算が行われている子があるとき(当該子について加算する額に相当する部分の全額につき支給を停止されているときを除く。)は、その間、当該子について加算する額に相当する部分の支給を停止する。
The additional amount of pension under the preceding paragraph for a spouse as provided in that paragraph is the amount arrived at when 224,700 yen is multiplied by the revision rate specified in Article 27 of the National Pension Act, revised as a rate to which the provisions of Article 27-3 and 27-5 of that Act do not apply (hereinafter referred to as the "revision rate" in this Chapter) (those amounts are to be rounded to the nearest hundred, with amounts less than 50 yen being rounded down, and amounts between 50 yen and 99 yen being rounded up); and the additional amount of pension under the preceding paragraph for children as specified in that paragraph is the amount arrived at when 74,900 yen per child is multiplied by the revision rate (but, for up to two of those children, the additional amount of pension under the preceding paragraph is the amount arrived at when 224,700 yen is multiplied by the revision rate for each of them, rounded to the nearest hundred, with amounts less than 50 yen being rounded down and amounts between 50 yen and 99 yen being rounded up).
前項に規定する加給年金額は、同項に規定する配偶者については二十二万四千七百円に国民年金法第二十七条に規定する改定率であつて同法第二十七条の三及び第二十七条の五の規定の適用がないものとして改定したもの(以下この章において「改定率」という。)を乗じて得た額(その額に五十円未満の端数が生じたときは、これを切り捨て、五十円以上百円未満の端数が生じたときは、これを百円に切り上げるものとする。)とし、同項に規定する子については一人につき七万四千九百円に改定率を乗じて得た額(そのうち二人までについては、それぞれ二十二万四千七百円に改定率を乗じて得た額とし、それらの額に五十円未満の端数が生じたときは、これを切り捨て、五十円以上百円未満の端数が生じたときは、これを百円に切り上げるものとする。)とする。
To apply the provisions of paragraph (1), once a child is born who was in utero at the time the beneficiary acquired the right to receive benefits, the child is deemed to have been receiving financial support from the beneficiary at the time the beneficiary acquired the right to receive benefits, and the amount of pension is revised from the month following the month of that child's birth.
Notwithstanding the provisions of paragraph (1), for an employees' old-age pension that has had an amount added thereto pursuant to the provisions of that paragraph, if the spouse or a child comes to fall under one of the following items, the additional amount of pension associated with that person that is referred to in that paragraph is not added, and the amount of pension is revised from the month following the month in which the person comes to fall under one of the following items:
the person has died;
死亡したとき。
the person has stopped receiving financial support from the beneficiary;
受給権者による生計維持の状態がやんだとき。
the spouse and the beneficiary have divorced or the marriage has been rescinded;
配偶者が、離婚又は婚姻の取消しをしたとき。
the spouse has reached the age of 65;
配偶者が、六十五歳に達したとき。
the child is legally adopted by a person other than the spouse of the beneficiary;
子が、養子縁組によつて受給権者の配偶者以外の者の養子となつたとき。
the adoptive relationship with a legally adopted child has been dissolved;
養子縁組による子が、離縁をしたとき。
the child has married;
子が、婚姻をしたとき。
the first March 31 has passed after the day on which the child (excluding a child with a disability classified as Grade 1 or Grade 2 of the disability grades) has reached the age of 18;
子(障害等級の一級又は二級に該当する障害の状態にある子を除く。)について、十八歳に達した日以後の最初の三月三十一日が終了したとき。
a child with a disability classified as Grade 1 or Grade 2 of the disability grades (other than a child from birth until the first March 31 after the child reaches the age of 18) ceases to be in those circumstances; or
障害等級の一級又は二級に該当する障害の状態にある子(十八歳に達する日以後の最初の三月三十一日までの間にある子を除く。)について、その事情がやんだとき。
the child has reached the age of 20.
子が、二十歳に達したとき。
Cabinet Order provides for the necessary particulars in connection with certifying that a person was receiving financial support from the beneficiary of an employees' old-age pension in order to apply the provisions of paragraph (1), and provides for the necessary particulars in connection with certifying that a person has stopped receiving financial support from the beneficiary of an employees' old-age pension in order to apply the provisions of item (ii) of the preceding paragraph.
No English for this paragraph yet.
削除
Article 44-3Deferment of Payment
第四十四条の三(支給の繰下げ)
A person with the right to receive benefits from an employees' old-age pension who has not claimed the employees' old-age pension before the day that marks the passage of one year's time since the day on which the person acquired the right to receive benefits under it (hereinafter referred to as the "day that marks one year's time" since acquisition of the right to receive benefits in this Article) may file a request with the implementing organization for deferred payment of that employees' old-age pension; provided, however, that this does not apply if, at the time that the person acquired the right to receive benefits from the relevant employees' old-age pension, the beneficiary was the beneficiary of other pension benefits (meaning other pension insurance benefits or pension benefits under the National Pension Act (other than an old-age basic pension, additional pension, or basic disability pension); the same applies hereinafter in this Article), or if, during the period up until the day that marks one year's time since the day on which the beneficiary acquired the right to receive benefits under the relevant employees' old-age pension, the person has become the beneficiary of other pension insurance benefits.
老齢厚生年金の受給権を有する者であつてその受給権を取得した日から起算して一年を経過した日(以下この条において「一年を経過した日」という。)前に当該老齢厚生年金を請求していなかつたものは、実施機関に当該老齢厚生年金の支給繰下げの申出をすることができる。ただし、その者が当該老齢厚生年金の受給権を取得したときに、他の年金たる給付(他の年金たる保険給付又は国民年金法による年金たる給付(老齢基礎年金及び付加年金並びに障害基礎年金を除く。)をいう。以下この条において同じ。)の受給権者であつたとき、又は当該老齢厚生年金の受給権を取得した日から一年を経過した日までの間において他の年金たる給付の受給権者となつたときは、この限りでない。
If a person as set forth in one of the following items makes the request referred to in the preceding paragraph (excluding a request in a case where the request referred to in the preceding paragraph is deemed to have been made pursuant to the provisions of paragraph (5); the same applies hereinafter in this paragraph) after the day that marks one year's time since the acquisition of the right to receive benefits, the request referred to in the preceding paragraph is deemed to have been made on the day specified in that item:
a person who has become a beneficiary of other pension benefits before the day that marks the passage of ten years' time since the day on which the person acquired the right to receive benefits under an employees' old-age pension (referred to in the following item as the "day that marks ten years' time" since acquisition of the right to receive benefits):the day on which grounds for payment of the other pension benefits arise; or
a person who is in the time after the day that marks ten years' time since acquisition of the right to receive benefits (other than a person who falls under the preceding item):the day that marks ten years' time since acquisition of the right to receive benefits.
Notwithstanding the provisions of Article 36, paragraph (1), the payment of an employees' old-age pension to a person who has filed a request as referred to in paragraph (1) (including a request in a case where the request referred to in paragraph (1) is deemed to have been made pursuant to the provisions of paragraph (5); the same applies in the following paragraph) is to commence in the month following the month in which the request is filed.
Notwithstanding the provisions of Article 43, paragraph (1) and Article 44, the amount of the employees' old-age pension to be paid to a person who has filed a request as referred to in paragraph (1) is the amount arrived at when the amount calculated in accordance with these provisions is added to the amount prescribed by Cabinet Order in consideration of the amount calculated pursuant to the provisions of Article 43, paragraph (1) based on the insured period up to the month before the month that includes the day on which the person acquires the right to receive benefits from the employees' old-age pension and the amount calculated pursuant to the provisions of Article 46, paragraph (1) for the payment it has been decided to suspend.
If a person who is able to file a request for deferred payment of an employees' old-age pension pursuant to the provisions of paragraph (1) claims that employees' old-age pension after the day that marks five years' time since the day on which the person acquired the right to receive benefits under it, and does not file a request as referred to in that paragraph at the time of that claim, the request referred to in that paragraph is deemed to have been made on the day five years before the day on which the claim was made; provided, however, that this does not apply if the person falls under one of the following items:
the person is in the time on or after the day that marks 15 years' time since the day on which the person acquired the right to receive benefits under the relevant employees' old-age pension; or
当該老齢厚生年金の受給権を取得した日から起算して十五年を経過した日以後にあるとき。
the person has become a beneficiary of other pension benefits during the period from the day on which the person acquired the right to receive benefits under the relevant employees' old-age pension until the day five years before the day on which the claim was made.
第四十五条(失権)
The right to benefits from an employees' old-age pension ceases to exist when the beneficiary dies.
老齢厚生年金の受給権は、受給権者が死亡したときは、消滅する。
Article 46Suspension of Payment
第四十六条(支給停止)
In a month that includes a day on which the beneficiary of the employees' old-age pension is an insured (limited to a person who has had the status of an insured continuously from a day that fell in the month before the previous month) (excluding a day specified by Order of the Ministry of Health, Labour and Welfare), a day on which the beneficiary is a member of the Diet or a member of the assembly of a local government (limited to a person who has been the member of the Diet or the assembly of a local government continuously from a day that fell in the month before the previous month), or a day on which the beneficiary is an employed person age 70 or over (but only one meeting the requirements specified by Order of the Ministry of Health, Labour and Welfare that are referred to in Article 27 continuously from a day that falls in the month before the previous month at an applicable place of business), if the amount arrived at when first the total of the standardized amounts of bonuses for the one-year period prior to the relevant month, divided by 12, is added to the person's standardized monthly amount of remuneration (or, in the case of a member of the Diet or a member of the assembly of a local government, the amount arrived at when first the total of the amounts of bonuses for the one-year period prior to that month and amounts prescribed by Cabinet Order as being equivalent to the standardized amounts of bonuses for the one-year period prior to that month is divided by 12, and then the quotient is added to the amount prescribed by Cabinet Order as being equivalent to the person's standardized monthly amount of remuneration; or, in the case of an employed person age 70 or over (other than one who is also a member of the Diet or a member of the assembly of a local government; the same applies in the following paragraph), the amount arrived at when first the sum total of the standardized amounts of bonuses for the one-year period prior to that month and amounts equivalent to standardized amounts of bonuses for the one-year period prior to that month is divided by 12, and then the quotient is added to the amount equivalent to the standardized monthly amount of remuneration; the sum thus arrived at above is hereinafter referred to as the "amount equivalent to total monthly remuneration"), and this sum is added to the amount arrived at when the amount of employees' old-age pension (excluding the amount of additional pension provided for in Article 44, paragraph (1) and additional amounts provided for in Article 44-3, paragraph (4): the same applies hereinafter in this paragraph) is divided by 12 (hereinafter referred to in this paragraph as the "base monthly amount") exceeds the amount of the adjustment for the suspension of payment, payment is suspended on the portion of that month's employees' old-age pension that is equal to the amount arrived at when the amount equivalent to total monthly remuneration is added to the base monthly amount, the amount of the adjustment for the suspension of payment is subtracted from the sum, and the amount equivalent to one-half of the difference is multiplied by 12 (hereinafter referred to in this paragraph as the "standard amount for a payment suspension"); provided, however, that if the standard amount for a payment suspension is equal to or greater than the amount of the employees' old-age pension, the payment of employees' old-age pension (excluding the additional amount provided for in paragraph (4) of that Article) is suspended in its entirety.
老齢厚生年金の受給権者が被保険者(前月以前の月に属する日から引き続き当該被保険者の資格を有する者に限る。)である日(厚生労働省令で定める日を除く。)、国会議員若しくは地方公共団体の議会の議員(前月以前の月に属する日から引き続き当該国会議員又は地方公共団体の議会の議員である者に限る。)である日又は七十歳以上の使用される者(前月以前の月に属する日から引き続き当該適用事業所において第二十七条の厚生労働省令で定める要件に該当する者に限る。)である日が属する月において、その者の標準報酬月額とその月以前の一年間の標準賞与額の総額を十二で除して得た額とを合算して得た額(国会議員又は地方公共団体の議会の議員については、その者の標準報酬月額に相当する額として政令で定める額とその月以前の一年間の標準賞与額及び標準賞与額に相当する額として政令で定める額の総額を十二で除して得た額とを合算して得た額とし、七十歳以上の使用される者(国会議員又は地方公共団体の議会の議員を除く。次項において同じ。)については、その者の標準報酬月額に相当する額とその月以前の一年間の標準賞与額及び標準賞与額に相当する額の総額を十二で除して得た額とを合算して得た額とする。以下「総報酬月額相当額」という。)及び老齢厚生年金の額(第四十四条第一項に規定する加給年金額及び第四十四条の三第四項に規定する加算額を除く。以下この項において同じ。)を十二で除して得た額(以下この項において「基本月額」という。)との合計額が支給停止調整額を超えるときは、その月の分の当該老齢厚生年金について、総報酬月額相当額と基本月額との合計額から支給停止調整額を控除して得た額の二分の一に相当する額に十二を乗じて得た額(以下この項において「支給停止基準額」という。)に相当する部分の支給を停止する。ただし、支給停止基準額が老齢厚生年金の額以上であるときは、老齢厚生年金の全部(同条第四項に規定する加算額を除く。)の支給を停止するものとする。
The provisions of Articles 20 through 25 apply mutatis mutandis when the amount equal to the standardized monthly amount of remuneration and the standardized amount of bonuses of an employed person age 70 or over as referred to in the preceding paragraph are calculated. Cabinet Order provides for the necessary technical replacement of terms in connection with those provisions in such a case.
第二十条から第二十五条までの規定は、前項の七十歳以上の使用される者の標準報酬月額に相当する額及び標準賞与額に相当する額を算定する場合に準用する。この場合において、これらの規定に関し必要な技術的読替えは、政令で定める。
The amount of the adjustment for the suspension of payment specified in paragraph (1) is 620,000 yen; provided, however, that if any of the amounts arrived at when the rate set forth in Article 43-2, paragraph (1), item (ii) is multiplied by the price fluctuation rate in each of the fiscal years in and after fiscal 2025, and each of those rates is multiplied by 620,000 yen (those amounts are rounded to the closest 10,000 yen, with amounts under 5,000 yen being rounded down and amounts between 5,000 yen and 9,999 yen being rounded up; the same applies hereinafter in this paragraph) exceeds or falls below 620,000 yen (or, if measures to revise the amount of the adjustment for the suspension of payment under the provisions of this paragraph are taken, the amount revised by the immediately preceding measures in question), the amount of the adjustment for the suspension of payment in and after April of the relevant fiscal year is revised to the amount arrived at through that multiplication.
第一項の支給停止調整額は、六十二万円とする。ただし、六十二万円に令和七年度以後の各年度の物価変動率に第四十三条の二第一項第二号に掲げる率を乗じて得た率をそれぞれ乗じて得た額(その額に五千円未満の端数が生じたときは、これを切り捨て、五千円以上一万円未満の端数が生じたときは、これを一万円に切り上げるものとする。以下この項において同じ。)が六十二万円(この項の規定による支給停止調整額の改定の措置が講ぜられたときは、直近の当該措置により改定した額)を超え、又は下るに至つた場合においては、当該年度の四月以後の支給停止調整額を当該乗じて得た額に改定する。
Cabinet Order provides for measures to revise the amount of the adjustment for the suspension of payment under the provisions of the proviso to the preceding paragraph.
前項ただし書の規定による支給停止調整額の改定の措置は、政令で定める。
The provisions of Article 36, paragraph (2) do not apply if the payment of an employees' old-age pension is suspended, in whole or in part, pursuant to the provisions of paragraph (1).
The part of the payment of benefits under an employees' old-age pension to which an amount has been added pursuant to the provisions of Article 44, paragraph (1), that is equivalent to the amount added pursuant to the provisions of that paragraph for the spouse of a person to whose pension an amount is added pursuant to the provisions of that paragraph is suspended during the time that the spouse is eligible to receive payment of any benefits under an employees' old-age pension (limited to one calculated based on an insured period of 240 months or more), employees' disability pension, basic disability pension under the National Pension Act, or other such pension, that have old age or retirement or disability as the reason for payment and that are specified by Cabinet Order.
Section 3 Employees' Disability Pensions and Disability Allowances
第三節 障害厚生年金及び障害手当金
Article 47Beneficiary of Employees' Disability Pensions
第四十七条(障害厚生年金の受給権者)
If a person who has contracted an illness or suffered an injury and who was an insured on the day on which the person underwent the first medical examination with a doctor or dentist in connection for that illness, injury, or for an additional illness caused by that illness or injury (those illnesses or injuries are hereinafter referred to as "injury or illness") (that day is hereinafter referred to as the "day of initial examination") has a disability of a degree of severity that is classified as any of the disability grades provided for in the following paragraph due to that injury or illness, as of the day after the day calculated as marking the passage of 1 year and 6 months' time since the day of initial examination (or, if the injury or illness has healed on any day within this period (including a day on which the symptoms thereof have stabilized and circumstances are such as that no curative effect is expected; the same applies hereinafter), as of that day; any day defined above is hereinafter referred to as the "day of disability assessment"), an employees' disability pension is paid to the person in accordance with the severity of the person's disability; provided, however, that this does not apply if, as of the day before the day of initial examination for the relevant injury or illness, the person had had an insured period under a National Pension that lasted up until the month two months before the month that includes the day of initial examination, and further, the total sum of the premium-paid period and the premium-exemption period does not comprise at least two-thirds of the relevant insured period.
障害厚生年金は、疾病にかかり、又は負傷し、その疾病又は負傷及びこれらに起因する疾病(以下「傷病」という。)につき初めて医師又は歯科医師の診療を受けた日(以下「初診日」という。)において被保険者であつた者が、当該初診日から起算して一年六月を経過した日(その期間内にその傷病が治つた日(その症状が固定し治療の効果が期待できない状態に至つた日を含む。以下同じ。)があるときは、その日とし、以下「障害認定日」という。)において、その傷病により次項に規定する障害等級に該当する程度の障害の状態にある場合に、その障害の程度に応じて、その者に支給する。ただし、当該傷病に係る初診日の前日において、当該初診日の属する月の前々月までに国民年金の被保険者期間があり、かつ、当該被保険者期間に係る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当該被保険者期間の三分の二に満たないときは、この限りでない。
The disability grade is classified in order of severity from Grade 1 to 3, with Grade 1 being the severest, and the description of the disability for each grade is provided 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、二級及び三級とし、各級の障害の状態は、政令で定める。
第四十七条の二
If a person who has contracted an illness or suffered an injury, who was an insured on the day of initial examination for that injury or illness, and who did not have a disability of a degree of severity that is classified as any of the disability grades provided for in paragraph (2) of the preceding Article (hereinafter simply referred to as the "disability grades") as of the day of disability assessment, has come to have a disability of a degree of severity that is classified as any of the disability grades due to that injury or illness during the period from the day until the day before the day on which the person reaches the age of 65, the person is entitled to claim the payment of the employees' disability pension under paragraph (1) of that Article during that period.
The provisions of the proviso to paragraph (1) of the preceding Article apply mutatis mutandis to a case under the preceding paragraph.
Notwithstanding the provisions of paragraph (1) of the preceding Article, if the claim under paragraph (1) of this Article is made, employees' disability pension under paragraph (1) of the preceding Article is paid to the person who makes the claim.
第四十七条の三
If a person has contracted an illness or suffered an injury, was an insured on the day of initial examination for that injury or illness (hereinafter referred to as the "base injury or illness" in this Article) and has a disability due to an injury or illness other than the base injury or illness, and if the severity of that person's disabilities stemming from a combination of the disability arising from the base injury or illness (hereinafter referred to as the "base disability" in this Article) and other disabilities (but only if the day of initial examination of the base injury or illness is on or after the day of initial examination for the injury or illness other than the base injury or illness (if there are two or more injuries or illnesses other than the base injury or illness, for all injuries or illnesses other than the base injury or illness)) comes to be classified as Grade 1 or Grade 2 of the disability grades for the first time during the period from the day of disability assessment for the base injury or illness until the day before the day on which the person reaches the age of 65, the person is paid employees' disability pension in accordance with the severity of the disabilities stemming from a combination of the base disability and other disabilities.
疾病にかかり、又は負傷し、かつ、その傷病(以下この条において「基準傷病」という。)に係る初診日において被保険者であつた者であつて、基準傷病以外の傷病により障害の状態にあるものが、基準傷病に係る障害認定日以後六十五歳に達する日の前日までの間において、初めて、基準傷病による障害(以下この条において「基準障害」という。)と他の障害とを併合して障害等級の一級又は二級に該当する程度の障害の状態に該当するに至つたとき(基準傷病の初診日が、基準傷病以外の傷病(基準傷病以外の傷病が二以上ある場合は、基準傷病以外のすべての傷病)に係る初診日以降であるときに限る。)は、その者に基準障害と他の障害とを併合した障害の程度による障害厚生年金を支給する。
The provisions of the proviso to Article 47, paragraph (1) apply mutatis mutandis to a case under the preceding paragraph. In such a case, the phrase "that injury or illness" in the proviso to paragraph (1) of that Article is deemed to be replaced with "the base injury or illness".
Notwithstanding the provisions of Article 36 paragraph (1), payment of employees' disability pension under paragraph (1) of this Article commences from the month that follows the month in which the claim for the employees' disability pension is made.
If grounds have occurred based on which the beneficiary of an employees' disability pension (excluding the employees' disability pension of a beneficiary who has continuously had a disability of a degree of severity that is not classified as Grade 1 or Grade 2 of the disability grades from the time when the person acquired the right to receive benefits; the same applies hereinafter in this and the following Article, Article 52, paragraph (4), Article 52-2, and the proviso to Article 54, paragraph (2)) is to be paid further employees' disability pension, the employees' disability pension is paid in accordance with the severity of the beneficiary's disabilities stemming from a combination of the beneficiary's previous and subsequent disabilities.
If the beneficiary of an employees' disability pension has, pursuant to the provisions of the preceding paragraph, acquired a right to benefits under an employees' disability pension for the severity of the beneficiary's disabilities stemming from a combination of the beneficiary's previous and subsequent disabilities, the beneficiary's previous right to benefits under the employees' disability pension ceases to exist.
第四十九条
If grounds have occurred based on which the beneficiary of an employees' disability pension whose payment has been suspended for a fixed period is to be paid further employees' disability pension, the employees' disability pension that is to be paid pursuant to the provisions of paragraph (1) of the preceding Article in accordance with the severity of the beneficiary's disabilities stemming from a combination of the beneficiary's previous and subsequent disabilities, is to have its payment suspended for the period during which payment of the prior employees' disability pension is to be suspended, and employees' disability pension is paid to the person during that period in accordance with the severity of the beneficiary's disability when not combined with the previous disability.
Notwithstanding the provisions of paragraph (2) of the preceding Article, if the beneficiary of an employees' disability pension has acquired a further right to an employees' disability pension and the payment of the newly acquired employees' disability pension is to be suspended pursuant to the provisions of Article 54, paragraph (1), the prior employees' disability pension is paid during the period that the payment is to be suspended.
Article 50Amount of an Employees' Disability Pension
第五十条(障害厚生年金の額)
The amount of an employees' disability pension is an amount calculated pursuant to the provisions of Article 43, paragraph (1). If the number of months in the insured period that constitutes the basis for calculating the amount of the employees' disability pension in such a case is under 300, it is regarded as 300.
障害厚生年金の額は、第四十三条第一項の規定の例により計算した額とする。この場合において、当該障害厚生年金の額の計算の基礎となる被保険者期間の月数が三百に満たないときは、これを三百とする。
Notwithstanding the provisions of the preceding paragraph, the amount of employees' disability pension to be paid to a person who has a disability of a degree of severity that is classified as Grade 1 of the disability grades is an amount equal to 125/100 of the amount provided for in that paragraph.
Notwithstanding the provisions of the preceding two paragraphs, if a disability constituting the grounds for benefits under an employees' disability pension is not one for which a basic disability pension under the National Pension Act may be received, and the amount of the employees' disability pension is less than the amount arrived at when the amount of a basic disability pension provided for in Article 33, paragraph (1) of the National Pension Act is multiplied by three-quarters (3/4) (this amount is rounded to the nearest hundred, with amounts less than 50 yen being rounded down, and amounts between 50 yen and 99 yen being rounded up), the relevant amount is the amount provided for in these paragraphs.
障害厚生年金の給付事由となつた障害について国民年金法による障害基礎年金を受けることができない場合において、障害厚生年金の額が国民年金法第三十三条第一項に規定する障害基礎年金の額に四分の三を乗じて得た額(その額に五十円未満の端数が生じたときは、これを切り捨て、五十円以上百円未満の端数が生じたときは、これを百円に切り上げるものとする。)に満たないときは、前二項の規定にかかわらず、当該額をこれらの項に定める額とする。
Notwithstanding the provisions of paragraphs (1) and (2), if the amount of an employees' disability pension under the provisions of Article 48, paragraph (1) is lower than the amount of the employees' disability pension that has ceased to exist pursuant to the provisions of paragraph (2) of that Article, the amount of the employees' disability pension is an amount equal to the amount of the prior employees' disability pension.
第五十条の二
Notwithstanding the provisions of the preceding Article, if the beneficiary has a spouse under 65 years old who is receiving financial support from the beneficiary, the amount of employees' disability pension paid to a person who has a disability of a degree of severity that is classified as Grade 1 or Grade 2 of the disability grades is the amount that is calculated when an additional amount of pension is added to the amount provided for in the preceding Article.
The additional amount of pension provided for in the preceding paragraph is the amount arrived at when the revision rate is multiplied by 224,700 yen (such an amount is rounded to the nearest hundred, with amounts less than 50 yen being rounded down, and amounts between 50 yen and 99 yen being rounded up).
If an additional amount of pension provided for in paragraph (1) will be added due to the fact that on or after the day following the date on which the beneficiary acquired the right to receive benefits, the beneficiary has come to have a spouse under 65 years old who is receiving financial support from the beneficiary, the amount of employees' disability pension is revised from the month following the month that includes the day on which the beneficiary came to have that spouse.
The provisions of Article 44, paragraph (4) (excluding items (v) through (x)) apply mutatis mutandis to an employees' disability pension whose amount has been added to pursuant to the provisions of paragraph (1).
第四十四条第四項(第五号から第十号までを除く。)の規定は、第一項の規定によりその額が加算された障害厚生年金について準用する。
Cabinet Order provides for the necessary particulars in connection with certifying that a person is receiving financial support from the beneficiary of an employees' disability pension in order to apply the provisions of paragraph (1), and provides for the necessary particulars in connection with certifying that a person has stopped receiving financial support from the beneficiary of an employees' disability pension in order to apply the provisions of Article 44, paragraph (4), item (ii) as applied mutatis mutandis pursuant to the preceding paragraph.
第一項又は前項において準用する第四十四条第四項第二号の規定の適用上、障害厚生年金の受給権者によつて生計を維持していること又はその者による生計維持の状態がやんだことの認定に関し必要な事項は、政令で定める。
第五十一条
With respect to the amount of an employees' disability pension provided for in Article 50, paragraph (1), the period during which a person was an insured after the month that includes the day of disability assessment for the disability that constitutes the grounds for payment of the relevant employees' disability pension (or, for the employees' disability pension under the provisions of Article 47-3, paragraph (1), the day of disability assessment for the base injury or illness provided for in that paragraph; or, for the employees' disability pension under the provisions of Article 48, paragraph (1), whichever is the latest day among the days of disability assessment for each of the combined disabilities (or, for a disability provided for in Article 47-3, paragraph (1), the day of disability assessment for the base disability provided for in that paragraph)) is not a basis for its calculation.
第五十条第一項に定める障害厚生年金の額については、当該障害厚生年金の支給事由となつた障害に係る障害認定日(第四十七条の三第一項の規定による障害厚生年金については同項に規定する基準傷病に係る障害認定日とし、第四十八条第一項の規定による障害厚生年金については併合されたそれぞれの障害に係る障害認定日(第四十七条の三第一項に規定する障害については、同項に規定する基準障害に係る障害認定日)のうちいずれか遅い日とする。)の属する月後における被保険者であつた期間は、その計算の基礎としない。
第五十二条
If the implementing organization examines the severity of the disability of a beneficiary of the employees' disability pension and finds its degree of severity to be classified as any disability grade other than the previous one, the Minister may revise the amount of the employees' disability pension in accordance with its severity.
A beneficiary of an employees' disability pension may request the implementing organization to revise the amount of employees' disability pension on account that the severity of disability has worsen.
A request under the preceding paragraph may only be made after one year has passed since the day on which the beneficiary acquired a right to benefits under an employees' disability pension or underwent an examination by the implementing organization pursuant to the provisions of paragraph (1), except in a case specified by Order of the Ministry of Health, Labour and Welfare as one in which it is clear that the severity of disability of the beneficiary of the employees' disability pension has worsen.
If a beneficiary of an employees' disability pension who has contracted an illness or suffered an injury and who was an insured on the day of initial examination for that injury or illness (limited to an injury or illness for which the day of initial examination comes after the day of initial examination for the injury or illness that constitutes the grounds for payment of the relevant employees' disability pension; the same applies hereinafter in this paragraph and the proviso to Article 54, paragraph (2)), has a disability (limited to a disability of a degree of severity that is not classified as Grade 1 or Grade 2 of the disability grades; hereinafter referred to as "another disability" in this paragraph and the proviso of paragraph (2) of that Article) due to that injury or illness, and if the severity of the beneficiary's disabilities stemming from a combination of the disability constituting the grounds for payment of the relevant employees' disability pension and the other disability (or all other disabilities, if there are two or more other disabilities) has become worse than that of the disability constituting the grounds for payment of that pension during the period from the day of disability assessment for that injury or illness until the day on which the beneficiary reaches 65 years of age, the beneficiary may request the implementing organization to revise the amount of employees' disability pension within that period.
障害厚生年金の受給権者であつて、疾病にかかり、又は負傷し、かつ、その傷病(当該障害厚生年金の支給事由となつた障害に係る傷病の初診日後に初診日があるものに限る。以下この項及び第五十四条第二項ただし書において同じ。)に係る当該初診日において被保険者であつたものが、当該傷病により障害(障害等級の一級又は二級に該当しない程度のものに限る。以下この項及び同条第二項ただし書において「その他障害」という。)の状態にあり、かつ、当該傷病に係る障害認定日以後六十五歳に達する日の前日までの間において、当該障害厚生年金の支給事由となつた障害とその他障害(その他障害が二以上ある場合は、全てのその他障害を併合した障害)とを併合した障害の程度が当該障害厚生年金の支給事由となつた障害の程度より増進したときは、その者は、実施機関に対し、その期間内に障害厚生年金の額の改定を請求することができる。
The provisions under the proviso to Article 47 paragraph (1) apply mutatis mutandis to a case under the preceding paragraph.
If the amount of an employees' disability pension has been revised pursuant to the provisions of paragraph (1), the payment of the revised amount of employees' disability pension is to commence from the month following the month of the revision.
第一項の規定により障害厚生年金の額が改定されたときは、改定後の額による障害厚生年金の支給は、改定が行われた月の翌月から始めるものとする。
The provisions of paragraphs (1) through (3) and the preceding paragraph do not apply to a person who is 65 years of age or older and also the beneficiary of an employees' disability pension (limited to a person who has no right to receive benefits from a basic disability pension under the National Pension Act based on the same grounds for payment of the relevant employees' disability pension).
第一項から第三項まで及び前項の規定は、六十五歳以上の者であつて、かつ、障害厚生年金の受給権者(当該障害厚生年金と同一の支給事由に基づく国民年金法による障害基礎年金の受給権を有しないものに限る。)については、適用しない。
第五十二条の二
If the beneficiary of an employees' disability pension has come to have a right to receive benefits from a basic disability pension (excluding one that is paid based on the same grounds as the employees' disability pension) under the National Pension Act, the amount of the employees' disability pension in question is revised according to the severity of the beneficiary's disabilities stemming from a combination of the disability constituting the grounds for payment of the employees' disability pension and the disability constituting the grounds for payment of the basic disability pension.
If the beneficiary of an employees' disability pension has a right to receive benefits from a basic disability pension under the National Pension Act, and the severity of the disabilities stemming from a combination under the provisions of Article 34, paragraph (4) and the proviso to paragraph (2) of Article 36 of that Act has become worse than that of the disability that constitutes the grounds for payment of the relevant basic disability pension, the amount of the relevant employees' disability pension is revised according to the severity of the disabilities stemming from a combination under these provisions.
障害厚生年金の受給権者が、国民年金法による障害基礎年金の受給権を有する場合において、同法第三十四条第四項及び第三十六条第二項ただし書の規定により併合された障害の程度が当該障害基礎年金の支給事由となつた障害の程度より増進したときは、これらの規定により併合された障害の程度に応じて、当該障害厚生年金の額を改定する。
第五十三条(失権)
In addition to the right to receive benefits from an employees' disability pension ceasing to exist pursuant to the provisions of Article 48, paragraph (2), this right ceases to exist if the beneficiary comes to fall under any of the following items:
the beneficiary has died;
死亡したとき。
the beneficiary who does not have a disability of a degree of severity that is classified as any disability grade has reached the age of 65; provided, however, that this is excluded if, as of the day on which the beneficiary has reached the age of 65, the beneficiary has not gone three years without having a disability of a degree of severity that is classified as any disability grade, counting from the day on which the person ceased to have a disability of a degree of severity that is classified as any disability grade; or
障害等級に該当する程度の障害の状態にない者が、六十五歳に達したとき。ただし、六十五歳に達した日において、障害等級に該当する程度の障害の状態に該当しなくなつた日から起算して障害等級に該当する程度の障害の状態に該当することなく三年を経過していないときを除く。
the beneficiary has gone three years, counting from the day on which the beneficiary ceased to have a disability of a degree of severity that is classified as any disability grade, without having a disability of a degree of severity that is classified as any disability grade; provided, however, that this is excluded if the relevant beneficiary is not yet 65 years of age on the day that marks the passage of three years' time without a disability of that degree of severity.
Article 54Suspension of Payment
第五十四条(支給停止)
Payment of an employees' disability pension is suspended for a period of six years if the beneficiary acquires the right to receive disability compensation pursuant to the provisions of Article 77 of the Labor Standards Act (Act No. 49 of 1947) with regard to the relevant injury or illness.
障害厚生年金は、その受給権者が当該傷病について労働基準法(昭和二十二年法律第四十九号)第七十七条の規定による障害補償を受ける権利を取得したときは、六年間、その支給を停止する。
If a beneficiary has ceased to have a disability of a degree of severity that is classified as any disability grade, payment of an employees' disability pension is suspended during the period of time in which the beneficiary does not have that disability; provided, however, that this does not apply if the beneficiary of an employees' disability pension has contracted an illness or suffered an injury and was an insured on the day of initial examination for that injury or illness, the beneficiary has other disabilities caused by that injury or illness, and, during the period after the day of disability assessment for the relevant injury or illness up to the day before the date on which the beneficiary reaches the age of 65, the degree of severity of the disabilities stemming from a combination of the disability constituting the grounds for payment of the relevant employees' disability pension and the other disability (or, if there are two or more other disabilities, the disability combined with all other disabilities) is classified as Grade 1 or Grade 2 of the disability grades.
The provisions of Article 46, paragraph (6) apply mutatis mutandis to the employees' disability pension, and the provisions of the proviso to Article 47, paragraph (1) apply mutatis mutandis to a case under the proviso to the preceding paragraph.
Article 55Beneficiary of a Disability Allowance
第五十五条(障害手当金の受給権者)
If a person who has contracted an illness or suffered an injury and who was an insured on the day of initial examination for the injury or illness has a disability of the degree of severity prescribed by Cabinet Order as a result of that injury or illness as of the day on which the injury or illness has healed, within the period from the relevant day of initial examination until the day that marks the passage of five years' time since that day, a disability allowance is paid to that person.
The provisions of the proviso of Article 47, paragraph (1) apply mutatis mutandis to a case under the preceding paragraph.
第五十六条
Notwithstanding the provisions of the preceding Article, a disability allowance is not paid to a person who falls under any of the following items on the day on which the degree of severity of the person's disability is determined pursuant to the provisions of that Article:
a beneficiary of pension insurance benefits (excluding the beneficiary of an employees' disability pension who has gone three years, counting from the last day on which the beneficiary ceased to have a disability of a degree of severity that is classified as any disability grade (having that disability is hereinafter referred to in this Article as "having a disability "), without being classified as having a disability (but only a beneficiary who does not have a disability at the time in question));
a beneficiary of pension benefits under the National Pension Act (excluding the beneficiary of a basic disability pension who has gone three years, counting from the last day on which the beneficiary ceased have a disability, without being classified as having a disability (but only a beneficiary who does not have a disability at the time in question), and other persons specified by Cabinet Order); or
persons who have the right to receive, for the relevant injury or illness, disability compensation pursuant to the provisions of the National Public Officers' Accident Compensation Act (Act No. 191 of 1951; including as applied mutatis mutandis pursuant to other Acts) or the Local Public Officers Accident Compensation Act (Act No. 121 of 1967) or the Prefectural or Municipal Ordinances under that Act, the Act on Occupational Accident Compensation for Public School Physicians, Dentists, and Pharmacists (Act No. 143 of 1957) or Article 77 of the Labor Standards Act, disability compensation benefits, disability benefits for multiple-job workers, or disability benefits pursuant to the provisions of the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947), or benefits to be paid due to a disability pursuant to the provisions of the Mariners Insurance Act.
当該傷病について国家公務員災害補償法(昭和二十六年法律第百九十一号。他の法律において準用する場合を含む。)、地方公務員災害補償法(昭和四十二年法律第百二十一号)若しくは同法に基づく条例、公立学校の学校医、学校歯科医及び学校薬剤師の公務災害補償に関する法律(昭和三十二年法律第百四十三号)若しくは労働基準法第七十七条の規定による障害補償、労働者災害補償保険法(昭和二十二年法律第五十号)の規定による障害補償給付、複数事業労働者障害給付若しくは障害給付又は船員保険法による障害を支給事由とする給付を受ける権利を有する者
Article 57Amount of Disability Allowance
第五十七条(障害手当金の額)
The amount of a disability allowance is an amount equal to 200/100 of the amount calculated pursuant to the provisions of Article 50, paragraph (1); provided, however, that if this amount is less than the amount arrived at when the number 2 is multiplied by the amount specified in paragraph (3) of that Article, the amount thus arrived at is paid.
Section 4 Employees' Pension for Surviving Family
第四節 遺族厚生年金
第五十八条(受給権者)
If the insured or former insured falls under any one of the following items, an employees' pension for surviving family is paid to the surviving family of the insured or former insured; provided, however, that this does not apply, in a case that falls under item (i) or (ii) if, as of the day before the day of death, the deceased person had had an insured period under National Pension that lasted up until the month two months before the month that includes the day of death, and further, the total sum of the premium-paid period and the premium-exemption period does not comprise at least two-thirds of the relevant insured period:
the insured (including a former insured who was subject to an adjudication of disappearance and who was insured at the time that the whereabouts of the person became unknown) has died;
被保険者(失踪の宣告を受けた被保険者であつた者であつて、行方不明となつた当時被保険者であつたものを含む。)が、死亡したとき。
a former insured has, after forfeiting status as an insured, died of an injury or illness for which the day of initial examination was within the period during which the person was an insured, prior to the day on which five years have elapsed counting from the relevant day of initial examination;
the beneficiary of an employees' disability pension who had a disability classified as the Grade 1 or Grade 2 of the disability grades has died; or
a person whose total sum of the premium-paid period and the premium-exemption period is twenty-five years or more has died.
In a case as referred to in the preceding paragraph, if an insured or former insured who has died falls under any one of items (i) through (iii) of that paragraph, and also falls under item (iv) of that paragraph, the person is deemed to fall only under any one of the items (i) through (iii), and not to fall under item (iv) of that paragraph, unless otherwise specifically requested by the surviving family member of that person if that surviving family member claims the employees' pension for surviving family.
前項の場合において、死亡した被保険者又は被保険者であつた者が同項第一号から第三号までのいずれかに該当し、かつ、同項第四号にも該当するときは、その遺族が遺族厚生年金を請求したときに別段の申出をした場合を除き、同項第一号から第三号までのいずれかのみに該当し、同項第四号には該当しないものとみなす。
第五十九条(遺族)
The surviving family members who may receive an employees' pension for surviving family are the spouse, child, parent, grandchild, or grandparent of an insured or former insured (hereinafter simply referred to as the "spouse", "child", "parent", "grandchild", and "grandparent"), who was receiving financial support from the person at the time of the person's death (in the case of a former insured who was subject to an adjudication of disappearance, at the time that the whereabouts of the person became unknown; the same applies hereinafter in this Article); provided, however, that for persons other than a wife, this is limited to a case in which that person satisfies the following requirements:
遺族厚生年金を受けることができる遺族は、被保険者又は被保険者であつた者の配偶者、子、父母、孫又は祖父母(以下単に「配偶者」、「子」、「父母」、「孫」又は「祖父母」という。)であつて、被保険者又は被保険者であつた者の死亡の当時(失踪の宣告を受けた被保険者であつた者にあつては、行方不明となつた当時。以下この条において同じ。)その者によつて生計を維持したものとする。ただし、妻以外の者にあつては、次に掲げる要件に該当した場合に限るものとする。
if the person is the husband, parent, or grandparent of the insured or former insured, the requirement of being 55 years of age or older; and
if the person is the child or grandchild of the insured or former insured, the requirement of either being within the period from birth until the first March 31 after the day on which the person reaches the age of 18, or of being under the age of 20 and having a disability classified as Grade 1 or Grade 2 of the disability grades; and also, the requirement of not being married at the time in question, in either case.
子又は孫については、十八歳に達する日以後の最初の三月三十一日までの間にあるか、又は二十歳未満で障害等級の一級若しくは二級に該当する障害の状態にあり、かつ、現に婚姻をしていないこと。
Notwithstanding the provisions of the preceding paragraph, if the person's spouse or child has acquired the right to receive benefits from an employees' pension for surviving family, the person's parent does not constitute a surviving family member who may receive an employees' pension for surviving family; if the spouse, child, or parent has acquired the right to receive those benefits, the person's grandchild does not constitute a surviving family member who may receive that pension; and if the person's spouse, child, parent, or grandchild has acquired the right to receive those benefits, the person's grandparent does not constitute a surviving family member who may receive that pension.
To apply the provisions of paragraph (1) when a child is born who was in utero at the time of the insured's or former insured's death, the child is deemed, prospectively, to have been receiving financial support from the insured or former insured at the time of death thereof.
被保険者又は被保険者であつた者の死亡の当時胎児であつた子が出生したときは、第一項の規定の適用については、将来に向つて、その子は、被保険者又は被保険者であつた者の死亡の当時その者によつて生計を維持していた子とみなす。
Cabinet Order provides for the necessary particulars in connection with certifying that a person was receiving financial support from the insured or former insured in order to apply the provisions of paragraph (1).
第一項の規定の適用上、被保険者又は被保険者であつた者によつて生計を維持していたことの認定に関し必要な事項は、政令で定める。
Article 59-2Presumption of Death
第五十九条の二(死亡の推定)
To apply the provisions related to the payment of employees' pension for surviving family to a case in which it is not known for a period of three months whether an insured or former insured who was on board a ship at the time it sank, capsized, was destroyed, or went missing is alive or dead; to a case in which it is not known for a period of three months whether an insured or former insured who was on board a ship and went missing while the ship was sailing is alive or dead; or to a case in which it becomes clear within three months that such a person has died but the time of death is unknown; that person is presumed to have died on the day on which the ship sank, capsized, was destroyed, or went missing or on the day on which a person went missing. The same applies if it is not known for a period of three months whether an insured or former insured who was on board an airplane at the time the airplane crashed, was destroyed, or went missing is alive or dead; if it is not known for a period of three months whether an insured or former insured who was on board an airplane and went missing while the airplane was flying is alive or dead; or if it becomes clear within three months that such a person has died but the time of death is unknown.
船舶が沈没し、転覆し、滅失し、若しくは行方不明となつた際現にその船舶に乗つていた被保険者若しくは被保険者であつた者若しくは船舶に乗つていてその船舶の航行中に行方不明となつた被保険者若しくは被保険者であつた者の生死が三月間わからない場合又はこれらの者の死亡が三月以内に明らかとなり、かつ、その死亡の時期がわからない場合には、遺族厚生年金の支給に関する規定の適用については、その船舶が沈没し、転覆し、滅失し、若しくは行方不明となつた日又はその者が行方不明となつた日に、その者は、死亡したものと推定する。航空機が墜落し、滅失し、若しくは行方不明となつた際現にその航空機に乗つていた被保険者若しくは被保険者であつた者若しくは航空機に乗つていてその航空機の航行中に行方不明となつた被保険者若しくは被保険者であつた者の生死が三月間わからない場合又はこれらの者の死亡が三月以内に明らかとなり、かつ、その死亡の時期がわからない場合にも、同様とする。
第六十条(年金額)
The amount of an employees' pension for surviving family is the amount provided for in each of the following items in accordance with the classification prescribed in the relevant item; provided, however, that this means the amount prescribed in item (i), if a beneficiary of an employees' pension for surviving family receives a basic pension for surviving family under the National Pension Act based on the same grounds as those for the relevant employees' pension for surviving family:
if a surviving family member provided for in Article 59, paragraph (1) (other than one who is set forth in the following item) has acquired the right to receive benefits from an employees' pension for surviving family:an amount equal to three-quarters of the amount calculated pursuant to the provisions of Article 43, paragraph (1) based on the insured period of the insured or former insured who has died; provided, however, that if the number of months in the insured period is below 300, the amount for an employees' pension for surviving family that is paid due to the relevant person falling under any of items (i) through (iii) of Article 58, paragraph (1), is the amount calculated when the number of months in the insured period is treated as having been 300;
第五十九条第一項に規定する遺族(次号に掲げる遺族を除く。)が遺族厚生年金の受給権を取得したとき 死亡した被保険者又は被保険者であつた者の被保険者期間を基礎として第四十三条第一項の規定の例により計算した額の四分の三に相当する額。ただし、第五十八条第一項第一号から第三号までのいずれかに該当することにより支給される遺族厚生年金については、その額の計算の基礎となる被保険者期間の月数が三百に満たないときは、これを三百として計算した額とする。
if, among surviving family members provided for in Article 59, paragraph (1), the spouse who has the right to receive any of the pension benefits from the employees' old-age pension has acquired the right to receive benefits from the employees' pension for surviving family: the amount prescribed in the preceding item or the sum total of the amounts under the following (a) and (b), whichever is higher:
the amount arrived at when the amount prescribed in the preceding item is multiplied by two-thirds;
前号に定める額に三分の二を乗じて得た額
the amount arrived at when the amount of the employees' old-age pension of the beneficiary of the relevant employees' pension for surviving family (or, for an employees' old-age pension to which an amount of additional pension has been added pursuant to the provisions of Article 44, paragraph (1), the amount to which those provisions do not apply; the same applies in paragraph (3) of the following Article and Article 64-2) is multiplied by one-half.
Notwithstanding the provisions of item (i) of the preceding paragraph, if the employees' pension for surviving family is paid to a person other than the spouse and there are two or more beneficiaries, the amount of the employees' pension for surviving family is the amount arrived at when the amount that was computed pursuant to the provisions of that item for each of the beneficiaries is divided by the number of beneficiaries.
Beyond as specified in the preceding two paragraphs, Cabinet Order provides for the necessary particulars of the calculation of the amount of an employees' pension for surviving family.
前二項に定めるもののほか、遺族厚生年金の額の計算について必要な事項は、政令で定める。
第六十一条
If an employees' pension for surviving family is paid to a person other than the spouse and there is any increase or decrease in the number of beneficiaries, the amount of the employees' pension for surviving family is revised from the month following the month in which the number increased or decreased.
If, as of the day on which the beneficiary of an employees' pension for surviving family of an amount calculated pursuant to the provisions of paragraph (1), item (i) of the preceding Article (limited to one for the spouse) acquired the right to receive benefits from an employees' old-age pension, the amount arrived at when the amounts specified in item (ii), (a) and (b) of that paragraph are added together exceeds the amount prescribed in item (i) of that paragraph, amount of pension is revised to the relevant sum total from the month following the month that includes the day on which the person acquired the right to receive benefits from the employees' old-age pension.
If the amount of the employees' old-age pension that forms the basis for calculating the amount of an employees' pension for surviving family that is calculated pursuant to the provisions of paragraph (1), item (ii) of the preceding Article is revised pursuant to the provisions of Article 43, paragraph (2) or (3), the amount of the employees' pension for surviving family is revised from the month of the revision of the employees' old-age pension; provided, however, that this does not apply if the amount calculated pursuant to the provisions of paragraph (1), item (i) of the preceding Article is equal to or more than the total amount under item (ii), (a) and (b) of that paragraph which is computed based on the revised amount of the relevant employees' old-age pension.
第六十二条
If the wife who is the beneficiary of an employees' pension for surviving family (excluding one that is paid due to the relevant person falling under Article 58, paragraph (1), item (iv), and is calculated based on an insured period of 240 months or less), and who was at least 40 but below 65 years of age at the time that she acquired the right to receive those benefits, or was living off the same financial resources as an insured's or former insured's child falling under the requirements provided for in Article 37-2 paragraph (1) of the National Pension Act (excluding a child who came to fall under items (ii) through (viii) of Article 39, paragraph (3) of that Act after the death of the insured or former insured) at the time that she reached the age of 40, is under 65 years of age, the amount arrived at when the amount of the basic pension for surviving family provided for in Article 38 of that Act is multiplied by three-quarters (those amounts are rounded to the nearest hundred, with amounts less than 50 yen be rounded down, and amounts between 50 yen and 99 yen being rounded up) is added to the employees' pension for surviving family under Article 60, paragraph (1), item (i).
遺族厚生年金(第五十八条第一項第四号に該当することにより支給されるものであつて、その額の計算の基礎となる被保険者期間の月数が二百四十未満であるものを除く。)の受給権者である妻であつてその権利を取得した当時四十歳以上六十五歳未満であつたもの又は四十歳に達した当時当該被保険者若しくは被保険者であつた者の子で国民年金法第三十七条の二第一項に規定する要件に該当するもの(当該被保険者又は被保険者であつた者の死亡後に同法第三十九条第三項第二号から第八号までのいずれかに該当したことがあるものを除く。)と生計を同じくしていたものが六十五歳未満であるときは、第六十条第一項第一号の遺族厚生年金の額に同法第三十八条に規定する遺族基礎年金の額に四分の三を乗じて得た額(その額に五十円未満の端数が生じたときは、これを切り捨て、五十円以上百円未満の端数が生じたときは、これを百円に切り上げるものとする。)を加算する。
The revision of the amount of a pension as the result of the occurrence of grounds for instituting an addition under the preceding paragraph or for discontinuing the addition under that paragraph is effected from the month following the month in which the grounds occurred.
第六十三条(失権)
The right to receive benefits from an employees' pension for surviving family ceases to exist if a beneficiary comes to fall under any of the following items:
遺族厚生年金の受給権は、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。
the beneficiary dies;
死亡したとき。
the beneficiary marries (or if, although the beneficiary has not registered a marriage, the beneficiary's circumstances come to be, de facto, the same as those of a person in a marital relationship);
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。)をしたとき。
the beneficiary is legally adopted by a person other than a lineal relative by blood or a lineal relative by affinity (this includes a person whose adoption has not been registered but whose circumstances come to be, de facto, the same as those of a person in an adoptive relationship);
直系血族及び直系姻族以外の者の養子(届出をしていないが、事実上養子縁組関係と同様の事情にある者を含む。)となつたとき。
the beneficiary's familial relationship with the deceased insured or former insured ends due to the dissolution of the adoptive relationship; or
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との親族関係が終了したとき。
for the categories set forth in (a) and (b), below, once five years have passed, as calculated beginning on the day specified in whichever is relevant of (a) or (b);
次のイ又はロに掲げる区分に応じ、当該イ又はロに定める日から起算して五年を経過したとき。
if a wife who was younger than 30 years of age at the time that she acquired the right to receive benefits from the employees' pension for surviving family failed to acquire the right to receive benefits from a basic pension for surviving family under the National Pension Act based on the same grounds for payment as those for that employees' pension for surviving family:the day on which the wife acquired the right to receive benefits from the employees' pension for surviving family;
遺族厚生年金の受給権を取得した当時三十歳未満である妻が当該遺族厚生年金と同一の支給事由に基づく国民年金法による遺族基礎年金の受給権を取得しないとき 当該遺族厚生年金の受給権を取得した日
if, before a wife with the right to receive benefits from the employees' pension for surviving family and from a basic pension for surviving family under the National Pension Act based on the same grounds for payment as those for that employees' pension for surviving family has reached 30 years of age, her right to receive benefits from that basic pension for surviving family ceases to exist:the day on which the right to receive benefits from the basic pension for surviving family ceased to exist.
遺族厚生年金と当該遺族厚生年金と同一の支給事由に基づく国民年金法による遺族基礎年金の受給権を有する妻が三十歳に到達する日前に当該遺族基礎年金の受給権が消滅したとき 当該遺族基礎年金の受給権が消滅した日
The right to receive benefits from an employees' pension for surviving family that is held by a child or grandchild ceases to exist if the child or grandchild comes to fall under one of the following items:
子又は孫の有する遺族厚生年金の受給権は、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。
for a child or grandchild, once the first March 31 has passed after the day on which the person reached the age of 18; provided, however, that this does not apply to a child or grandchild who has a disability classified as the Grade 1 or Grade 2 of the disability grades;
子又は孫について、十八歳に達した日以後の最初の三月三十一日が終了したとき。ただし、子又は孫が障害等級の一級又は二級に該当する障害の状態にあるときを除く。
for a child or grandchild who has a disability classified as the Grade 1 or Grade 2 of the disability grades, if those circumstances end; provided, however, that this does not apply to a child or grandchild who is within the period from birth until the first March 31 after the day on which the child or grandchild reaches the age of 18; or
障害等級の一級又は二級に該当する障害の状態にある子又は孫について、その事情がやんだとき。ただし、子又は孫が十八歳に達する日以後の最初の三月三十一日までの間にあるときを除く。
once the child or grandchild reaches the age of 20.
子又は孫が、二十歳に達したとき。
The right to receive benefits from an employees' pension for surviving family that is held by a parent, grandchild, or grandparent ceases to exist if a child who was in utero at the time of the insured or former insured's death is born.
Article 64Suspension of Payment
第六十四条(支給停止)
If the compensation for surviving family under the provisions of Article 79 of the Labor Standards Act is to be paid for the death of an insured or former insured, the payment of the employees' pension for surviving family is suspended during the six-year period after the day of death.
遺族厚生年金は、当該被保険者又は被保険者であつた者の死亡について労働基準法第七十九条の規定による遺族補償の支給が行われるべきものであるときは、死亡の日から六年間、その支給を停止する。
第六十四条の二
If the beneficiary of an employees' pension for surviving family (but only one with a beneficiary who has reached the age of 65) has the right to receive an employees' old-age pension, payment of the part of the employees' pension for surviving family that is equivalent to the amount of the beneficiary's employees' old-age pension is suspended.
遺族厚生年金(その受給権者が六十五歳に達しているものに限る。)は、その受給権者が老齢厚生年金の受給権を有するときは、当該老齢厚生年金の額に相当する部分の支給を停止する。
第六十五条
If the beneficiary of an employees' pension for surviving family to which an additional amount has been added pursuant to the provisions of Article 62 paragraph (1) is the wife, and if she is entitled to receive a basic pension for surviving family under the National Pension Act in connection with the death of the relevant insured or former insured, during that time, payment is suspended on the portion of the relevant employees' pension for surviving family that is equal to the additional amount provided for in that paragraph.
第六十五条の二
Payment of an employees' pension for surviving family to the husband, parents, or grandparents is suspended during the period until the beneficiary reaches the age of 60; provided, however, that this does not apply to an employees' pension for surviving family to be paid to the husband, if the husband has the right to receive benefits from a basic pension for surviving family under the National Pension Act in connection with the death of that insured or former insured.
第六十六条
Payment of an employees' pension for surviving family to a child is suspended for the period during which the spouse holds the right to receive benefits from the employees' pension for surviving family; provided, however, that this does not apply during a period in which the payment of an employees' pension for surviving family to the spouse is suspended pursuant to the provisions of the main clause of the preceding Article, the main clause of the following paragraph, or the following Article.
If, with regard to the death of the insured or former insured, the spouse does not hold the right to receive benefits from a basic pension for surviving family under the National Pension Act but the child does hold the right to receive benefits from the basic pension for surviving family, payment of any employees' pension for surviving family to the spouse is suspended during that period; provided, however, that this does not apply during a period in which the payment of the employees' pension for surviving family to the child is suspended pursuant to the provisions of the following Article.
第六十七条
If the whereabouts of the spouse or a child remain unknown for one year or longer, the payment of an employees' pension for surviving family to that spouse or child is suspended retroactively to the time at which the whereabouts of the spouse or child became unknown, upon the application of a child or spouse who holds the right to receive benefits from the employees' pension for surviving family.
配偶者又は子に対する遺族厚生年金は、その配偶者又は子の所在が一年以上明らかでないときは、遺族厚生年金の受給権を有する子又は配偶者の申請によつて、その所在が明らかでなくなつた時にさかのぼつて、その支給を停止する。
The spouse or child may, at any time, apply to have a suspension of payment under the provisions of the preceding paragraph lifted.
第六十八条
If there are two or more beneficiaries of an employees' pension for surviving family who are not the spouse, and the whereabouts of one or more of the beneficiaries remain unknown for one year or longer, the payment of the employees' pension for surviving family to that person is suspended retroactively to the time at which the whereabouts of the person or persons became unknown, upon the application of another beneficiary.
A person who has had their payment of an employees' pension for surviving family suspended pursuant to the provisions of the preceding paragraph may, at any time, apply to have the suspension of payment lifted.
前項の規定によつて遺族厚生年金の支給を停止された者は、いつでも、その支給の停止の解除を申請することができる。
The provisions of Article 61, paragraph (1) apply mutatis mutandis if the payment of the employees' pension for surviving family is suspended pursuant to the provisions of paragraph (1) or if the suspension is lifted pursuant to the provisions of the preceding paragraph. In such a case, the phrase "the month in which the number increased or decreased" in paragraph (1) of that Article is deemed to be replaced with "the month in which the payment is suspended or the suspension is lifted".
No English for this paragraph yet.
削除
Section 5 Restrictions on Insurance Benefits
第五節 保険給付の制限
第七十三条
If an insured or former insured person has intentionally brought about their disability or an accident constituting the direct cause thereof, no employees' disability pension or disability allowance that has that disability as the grounds for payment is paid.
被保険者又は被保険者であつた者が、故意に、障害又はその直接の原因となつた事故を生ぜしめたときは、当該障害を支給事由とする障害厚生年金又は障害手当金は、支給しない。
第七十三条の二
If an insured or former insured has brought about their disability, death, or an accident constituting the direct cause thereof, or has worsen the severity of their disability or hindered the recovery thereof, through an intentional criminal act, gross negligence, or a failure to comply with medical instructions that is without reasonable grounds, it is permissible not to pay insurance benefits in whole or in part.
被保険者又は被保険者であつた者が、自己の故意の犯罪行為若しくは重大な過失により、又は正当な理由がなくて療養に関する指示に従わないことにより、障害若しくは死亡若しくはこれらの原因となつた事故を生ぜしめ、若しくはその障害の程度を増進させ、又はその回復を妨げたときは、保険給付の全部又は一部を行なわないことができる。
第七十四条
If the beneficiary of an employees' disability pension has worsen the severity of their disability or hindered the recovery thereof, intentionally, through gross negligence, or due to a failure to comply with medical instructions that is without reasonable grounds, it is permissible not to effect the revision under the provisions of Article 52 paragraph (1); and it is permissible to consider the degree of severity of that person's disability to be classified as a lower disability grade than the disability grade it is actually classified as in effecting a revision under that paragraph.
第七十五条
If the right to collect insurance premiums is extinguished by prescription, no insurance benefits are paid based on any period during which an insured was subject to the insurance premiums; provided, however, that this does not apply if the right to collect insurance premiums has been extinguished by prescription after the filing of a notification under the provisions of Article 27 or a request for confirmation under the provisions of Article 31, paragraph (1), or a request for correction under the provisions of Article 28-2, paragraph (1) (including as applied mutatis mutandis in paragraph (2) and paragraph (3) of that Article) in connection with the relevant period for the insured with regard to the person's acquisition of the status of an insured.
保険料を徴収する権利が時効によつて消滅したときは、当該保険料に係る被保険者であつた期間に基づく保険給付は、行わない。ただし、当該被保険者であつた期間に係る被保険者の資格の取得について第二十七条の規定による届出若しくは第三十一条第一項の規定による確認の請求又は第二十八条の二第一項(同条第二項及び第三項において準用する場合を含む。)の規定による訂正の請求があつた後に、保険料を徴収する権利が時効によつて消滅したものであるときは、この限りでない。
第七十六条
An employees' pension for surviving family is not paid to a person who has intentionally caused the death of an insured or former insured. The same applies with regard to a person who, prior to the death of an insured or former insured, has intentionally caused the death of a person who would have become the beneficiary of an employees' pension for surviving family upon the death of the insured or former insured.
遺族厚生年金は、被保険者又は被保険者であつた者を故意に死亡させた者には、支給しない。被保険者又は被保険者であつた者の死亡前に、その者の死亡によつて遺族厚生年金の受給権者となるべき者を故意に死亡させた者についても、同様とする。
The right to receive benefits from an employees' pension for surviving family ceases to exist if a beneficiary intentionally causes the death of another beneficiary.
遺族厚生年金の受給権は、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。
第七十七条
Payment of pension insurance benefits may be suspended in whole or in part in a case that falls under one of the following items:
年金たる保険給付は、次の各号のいずれかに該当する場合には、その額の全部又は一部につき、その支給を停止することができる。
if a beneficiary has failed to comply with an order under the provisions of Article 96, paragraph (1) or has refused to answer the questions of the relevant official under the provisions of that paragraph, without reasonable grounds;
if a child who has the right to receive pension insurance benefits due to having a disability of a degree of severity that is classified as any disability grade, or to whose pension an amount is added pursuant to the provisions of Article 44, paragraph (1), due to the child having a disability of a degree of severity that is classified as any disability grade, fails to comply with an order under the provisions of Article 97, paragraph (1) or refuses diagnosis under the provisions of that paragraph, without reasonable grounds; or
if the person provided for in the preceding item has hindered the recovery of their disability, intentionally, through gross negligence, or due to a failure to comply with medical instructions that is without reasonable grounds.
前号に規定する者が、故意若しくは重大な過失により、又は正当な理由がなくて療養に関する指示に従わないことにより、その障害の回復を妨げたとき。
第七十八条
If a beneficiary fails to make a notification or submit documents or other items under the provisions of Article 98, paragraph (3), without reasonable grounds, the payment of the insurance benefits may be suspended temporary ly.
The provisions of the preceding paragraph do not apply to insurance benefits based on the category II EPI insured period, category III EPI insured period, or category IV EPI insured period.
第二号厚生年金被保険者期間、第三号厚生年金被保険者期間又は第四号厚生年金被保険者期間に基づく保険給付については、前項の規定は、適用しない。