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。