Supplementary Provisions, Article 43Transitional Measures for Class 4 Insured Persons
第四十三条(第四種被保険者に関する経過措置)
The provisions of Article 15, paragraph (1) of the former Employees' Pension Insurance Act remain in force with respect to a person who, on the day preceding the Effective Date, was an insured covered by employees' pension insurance pursuant to the provisions of that paragraph and who does not fall under any of the following items; provided, however, that this does not apply on or after the time when that person loses the status of an insured covered by employees' pension insurance pursuant to the provisions of paragraph (9):
having fallen under any of Article 17, item (ii), item (iv) or item (v) of the former Employees' Pension Insurance Act on the day preceding the Effective Date;
施行日の前日において旧厚生年金保険法第十七条第二号、第四号又は第五号のいずれかに該当したこと。
being, on the Effective Date, a member of a mutual aid Association (excluding a specially continued member prescribed in Article 13-3 of the Supplementary Provisions of the pre-2012 National Public Officers Mutual Aid Association Act and a specially continued member prescribed in Article 28-7 of the Supplementary Provisions of the pre-2012 Local Public Officers, etc. Mutual Aid Association Act; hereinafter referred to as a "member") or an insured pursuant to the provisions of paragraph (1) of the following Article; or
falling under Article 12, paragraph (1), item (vii) of the Supplementary Provisions on the Effective Date.
施行日において附則第十二条第一項第七号に該当すること。
If a person who falls under any of the following items and whose insured period covered by employees' pension insurance (including the period pertaining to a period deemed to have been a period as an insured covered by employees' pension insurance pursuant to the provisions of Article 47, paragraph (1) of the Supplementary Provisions or other laws and regulations; the same applies hereinafter in this Article) is 10 years or more has ceased to be an insured covered by employees' pension insurance, and that insured period has not reached 20 years (excluding the case of falling under Article 12, paragraph (1), items (iv) through (vii) of the Supplementary Provisions), that person may become an insured covered by employees' pension insurance by applying to the Minister of Health, Labour and Welfare; provided, however, that for a person who falls under item (i), item (ii) or item (iv), this applies only where the entire period from the month that includes the Effective Date to the month preceding the month that includes the day on which the person ceased to be an insured covered by employees' pension insurance is an insured period covered by employees' pension insurance (including the case where the month that includes the day on which the person ceased to be an insured covered by employees' pension insurance is the month that includes the Effective Date):
次の各号のいずれかに該当する者であつて、厚生年金保険の被保険者期間(附則第四十七条第一項又は他の法令の規定により厚生年金保険の被保険者であつた期間とみなされた期間に係るものを含む。以下この条において同じ。)が十年以上であるものが、厚生年金保険の被保険者でなくなつた場合において、当該被保険者期間が二十年に達していないとき(附則第十二条第一項第四号から第七号までに該当するときを除く。)は、その者は、厚生労働大臣に申し出て、厚生年金保険の被保険者となることができる。ただし、第一号、第二号又は第四号のいずれかに該当する者にあつては、施行日の属する月から厚生年金保険の被保険者でなくなつた日の属する月の前月までの期間の全部が厚生年金保険の被保険者期間である場合(厚生年金保険の被保険者でなくなつた日の属する月が施行日の属する月である場合を含む。)に限る。
a person who was born on or before April 1, 1941 and who was an insured covered by employees' pension insurance on the Effective Date (excluding a person listed in item (iii));
a person who lost the status of an insured covered by employees' pension insurance pursuant to the provisions of paragraph (2) of the preceding Article;
前条第二項の規定により厚生年金保険の被保険者の資格を喪失した者
a person who was an insured pursuant to the provisions of Article 15, paragraph (1) of the former Employees' Pension Insurance Act on the day preceding the Effective Date (excluding a person who fell under item (i) or item (iii) of the preceding paragraph); or
a person who became an insured covered by employees' pension insurance pursuant to the provisions of paragraph (5).
第五項の規定によつて厚生年金保険の被保険者となつた者
The application under the preceding paragraph must be made within six months from the day on which the person lost the status of an insured covered by employees' pension insurance; provided, however, that the Minister of Health, Labour and Welfare may accept an application made after the expiry of this period if the Minister finds that there is a legitimate reason.
前項の申出は、厚生年金保険の被保険者の資格を喪失した日から起算して六月以内にしなければならない。ただし、厚生労働大臣は、正当な事由があると認めるときは、この期間を経過した後の申出であつても、受理することができる。
A person who has made the application under paragraph (2) is, when the application is accepted, to acquire the status of an insured covered by employees' pension insurance on whichever of the day on which the person lost the status of an insured covered by employees' pension insurance pertaining to the application or the day on which the application was accepted the person chooses; provided, however, that if the person was an insured covered by employees' pension insurance on the day on which the application was accepted, the person is to acquire the status of an insured covered by employees' pension insurance on the day on which the person lost the status of an insured covered by employees' pension insurance pertaining to the application.
第二項の申出をした者は、その申出が受理されたときは、当該申出に係る厚生年金保険の被保険者の資格を喪失した日又は当該申出が受理された日のうち、その者の選択する日に厚生年金保険の被保険者の資格を取得するものとする。ただし、その者が当該申出が受理された日において厚生年金保険の被保険者であつたときは、当該申出に係る厚生年金保険の被保険者の資格を喪失した日に、厚生年金保険の被保険者の資格を取得するものとする。
If a person who was able to make the application under Article 15, paragraph (1) of the former Employees' Pension Insurance Act on the day preceding the Effective Date (excluding a person who was required, pursuant to the provisions of paragraph (2) of that Article, to make the application under paragraph (1) of that Article by that day) and who had not made the application under that paragraph was, on the Effective Date, neither an insured covered by employees' pension insurance nor a member, that person may become an insured covered by employees' pension insurance by applying to the Minister of Health, Labour and Welfare.
The provisions of paragraph (3) apply mutatis mutandis to the application under the preceding paragraph, and the provisions of paragraph (4) apply mutatis mutandis to a person who has made the application under the preceding paragraph. In this case, the phrase "the day on which the person lost the status of an insured covered by employees' pension insurance pertaining to the application" in paragraph (4) is deemed to be replaced with "the Effective Date".
With regard to an insured covered by employees' pension insurance pursuant to the provisions of paragraph (1) and a person who has acquired the status of an insured covered by employees' pension insurance pursuant to the provisions of paragraph (2) or paragraph (5), the provisions of Article 15, paragraph (4) of the former Employees' Pension Insurance Act remain in force.
A class 4 insured person may at any time lose the status of an insured covered by employees' pension insurance by applying to the Minister of Health, Labour and Welfare.
第四種被保険者は、いつでも、厚生労働大臣に申し出て、厚生年金保険の被保険者の資格を喪失することができる。
A class 4 insured person loses the status of an insured covered by employees' pension insurance on the day following the day on which the person comes to fall under any of the following items (or, in the case of coming to fall under item (iii), on that day):
第四種被保険者は、次の各号のいずれかに該当するに至つた日の翌日(第三号に該当するに至つたときは、その日)に、厚生年金保険の被保険者の資格を喪失する。
when the person dies;
死亡したとき。
when the insured period covered by employees' pension insurance reaches 20 years, or when the person comes to fall under Article 12, paragraph (1), item (iv) or item (v) of the Supplementary Provisions;
厚生年金保険の被保険者期間が二十年に達したとき、又は附則第十二条第一項第四号又は第五号に該当するに至つたとき。
when the person becomes an insured pursuant to the provisions of Article 9 or Article 10, paragraph (1) of the Employees' Pension Insurance Act;
厚生年金保険法第九条又は第十条第一項の規定による被保険者となつたとき。
when the application under the preceding paragraph has been accepted; or
前項の申出が受理されたとき。
when the person is in arrears in payment of insurance premiums for employees' pension insurance (excluding the insurance premiums to be paid for the first time) and does not pay those insurance premiums by the designated due date under the provisions of Article 86, paragraph (1) of the new Employees' Pension Insurance Act.
厚生年金保険の保険料(初めて納付すべき保険料を除く。)を滞納し、新厚生年金保険法第八十六条第一項の規定による指定の期限までに、その保険料を納付しないとき。
With regard to class 4 insured persons, the provisions of the proviso to Article 18, paragraph (1) of the former Employees' Pension Insurance Act remain in force.
第四種被保険者については、旧厚生年金保険法第十八条第一項ただし書の規定は、なおその効力を有する。
Among persons born on or before April 1, 1921, a person who was an insured under Mariners Insurance on the day preceding the Effective Date and who is employed on the Effective Date on a ship prescribed in Article 6, paragraph (1), item (iii) of the new Employees' Pension Insurance Act, or a person who was an insured under Mariners Insurance pursuant to the provisions of Article 20 of the former Mariners Insurance Act on the day preceding the Effective Date and who fell under item (ii) of paragraph (1) of the following Article (excluding a person who fell under item (i) of that paragraph), is deemed, for the purpose of applying the provisions of paragraph (2), to have acquired the status of an insured under employees' pension insurance on the Effective Date and to have lost the status of an insured on the same day.
With regard to class 4 insured persons, the provisions of Articles 81-2 and 81-2-2 of the Employees' Pension Insurance Act do not apply.
第四種被保険者については、厚生年金保険法第八十一条の二及び第八十一条の二の二の規定は適用しない。