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.
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.