Article 3-11Revision, etc. of the Amount of Survivors' Employees' Pension Where Survivors' Basic Pension Is Received, etc.

①In the case where, on or after the day on which a beneficiary of a survivors' employees' pension (limited to one for a spouse) whose amount is calculated pursuant to Article 60, paragraph (1), item (i) of the Act, and who receives a survivors' basic pension under the National Pension Act based on the same ground for payment as that survivors' employees' pension, acquires the right to receive an employees' old-age pension, the right to receive that survivors' basic pension is extinguished or a ground arises for suspending its payment, if, on the day on which the right to receive that survivors' basic pension is extinguished or the day on which that ground for suspension arises, the amount obtained by adding together the amounts listed in Article 60, paragraph (1), item (ii), (a) and (b) of the Act exceeds the amount specified in Article 60, paragraph (1), item (i) of the Act, the amount of the pension is revised to the amount obtained by adding together the amounts listed in Article 60, paragraph (1), item (ii), (a) and (b) of the Act, from the month following the month that includes the day on which the right to receive that survivors' basic pension is extinguished or the day on which that ground for suspension arises.

②With regard to a survivors' employees' pension whose amount is calculated pursuant to Article 60, paragraph (1), item (ii) of the Act, when, for the beneficiary of that survivors' employees' pension, the right to receive a survivors' basic pension received under the National Pension Act based on the same ground for payment as that survivors' employees' pension is extinguished or a ground arises for suspending its payment, the amount of that survivors' employees' pension is revised from the month following the month that includes the day on which the right to receive that survivors' basic pension is extinguished or the day on which that ground for suspension arises.

③The provisions of the proviso to Article 61, paragraph (3) of the Act apply mutatis mutandis to the case under the preceding paragraph.

④Of a survivors' employees' pension to which an additional amount has been added pursuant to Article 74, paragraph (1) of the Supplementary Provisions of the 1985 Amendment Act, the part equivalent to the additional amount under that paragraph is, for the application of paragraphs (1) and (2) and the proviso to Article 60, paragraph (1) of the Act, deemed to be a survivors' basic pension under the National Pension Act and deemed not to be a survivors' employees' pension.