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.