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 standard bonus amounts for the one-year period prior to the relevant month, divided by 12, is added to the person's standard monthly 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 standard bonus amounts 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 standard monthly 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 standard bonus amounts for the one-year period prior to that month and amounts equivalent to standard bonus amounts 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 standard monthly 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 standard monthly remuneration and the standard bonus amount 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.