Article 7Status as an Insured Person
第七条(被保険者の資格)
A person who falls under any of the following items is an insured person of the National Pension.
次の各号のいずれかに該当する者は、国民年金の被保険者とする。
A person who has a domicile in Japan and is 20 years of age or older but under 60 years of age, and who does not fall under either the following item or item (iii) (excluding a person who is able to receive an insurance benefit that is a pension whose ground for payment is old age under the Employees' Pension Insurance Act (Act No. 115 of 1954), or any other benefit whose ground for payment is old age or retirement, specified by Cabinet Order (hereinafter referred to as "old-age benefits, etc. under the Employees' Pension Insurance Act"), or any other person specified by Order of the Ministry of Health, Labour and Welfare as a person for whom there is a special reason for excluding the application of this Act; hereinafter referred to as a "category 1 insured person");
日本国内に住所を有する二十歳以上六十歳未満の者であつて次号及び第三号のいずれにも該当しないもの(厚生年金保険法(昭和二十九年法律第百十五号)に基づく老齢を支給事由とする年金たる保険給付その他の老齢又は退職を支給事由とする給付であつて政令で定めるもの(以下「厚生年金保険法に基づく老齢給付等」という。)を受けることができる者その他この法律の適用を除外すべき特別の理由がある者として厚生労働省令で定める者を除く。以下「第一号被保険者」という。)
An insured person of Employees' Pension Insurance (hereinafter referred to as a "category 2 insured person");
厚生年金保険の被保険者(以下「第二号被保険者」という。)
The spouse of a category 2 insured person (limited to a person who has a domicile in Japan, or a student studying abroad or any other person who, although not having a domicile in Japan, is found — taking into account the purpose of travel and other circumstances — to have the basis of their life in Japan, as specified by Order of the Ministry of Health, Labour and Welfare) who maintains their livelihood mainly through the income of the category 2 insured person (excluding a person who is a category 2 insured person, or any other person specified by Order of the Ministry of Health, Labour and Welfare as a person for whom there is a special reason for excluding the application of this Act; hereinafter referred to as a "dependent spouse"), and who, among such persons, is 20 years of age or older but under 60 years of age (hereinafter referred to as a "category 3 insured person").
For the purposes of applying the provisions of item (iii) of the preceding paragraph, the matters necessary for determining whether a person's livelihood is maintained mainly through the income of a category 2 insured person are specified by Cabinet Order.
The provisions of Chapter III (excluding Article 12 and Article 14) of the Administrative Procedure Act (Act No. 88 of 1993) do not apply to the determination referred to in the preceding paragraph.
前項の認定については、行政手続法(平成五年法律第八十八号)第三章(第十二条及び第十四条を除く。)の規定は、適用しない。
An insured person under the provisions of the preceding Article acquires status as an insured person: for a person who does not fall under either item (ii) or item (iii) of paragraph (1) of that Article, on the day on which the person came to fall under any of items (i) through (iii) of this paragraph; for a person under 20 years of age or 60 years of age or older, on the day on which the person came to fall under item (iv); and for any other person, on the day on which the person came to fall under that item or item (v).
When the person reaches 20 years of age;
二十歳に達したとき。
When the person comes to have a domicile in Japan;
日本国内に住所を有するに至つたとき。
When the person ceases to be a person who is able to receive old-age benefits, etc. under the Employees' Pension Insurance Act, or any other person specified by Order of the Ministry of Health, Labour and Welfare as a person for whom there is a special reason for excluding the application of this Act;
厚生年金保険法に基づく老齢給付等を受けることができる者その他この法律の適用を除外すべき特別の理由がある者として厚生労働省令で定める者でなくなつたとき。
When the person acquires status as an insured person of Employees' Pension Insurance;
厚生年金保険の被保険者の資格を取得したとき。
When the person becomes a dependent spouse.
被扶養配偶者となつたとき。
An insured person under the provisions of Article 7 loses status as an insured person on the day following the day on which the person came to fall under any of the following items (or, where, on the day the person came to fall under item (ii), the person further came to fall under Article 7, paragraph (1), item (ii) or item (iii), or came to fall under any of items (iii) through (v) (limited, in the case of item (iv), to a case where the person became a person able to receive old-age benefits, etc. under the Employees' Pension Insurance Act), on that day).
When the person dies;
死亡したとき。
When the person ceases to have a domicile in Japan (excluding a case falling under Article 7, paragraph (1), item (ii) or item (iii));
When the person reaches 60 years of age (excluding a case falling under Article 7, paragraph (1), item (ii));
六十歳に達したとき(第七条第一項第二号に該当するときを除く。)。
When the person becomes a person who is able to receive old-age benefits, etc. under the Employees' Pension Insurance Act, or any other person specified by Order of the Ministry of Health, Labour and Welfare as a person for whom there is a special reason for excluding the application of this Act (excluding a case falling under Article 7, paragraph (1), item (ii) or item (iii));
When the person loses status as an insured person of Employees' Pension Insurance (excluding a case falling under any item of Article 7, paragraph (1));
厚生年金保険の被保険者の資格を喪失したとき(第七条第一項各号のいずれかに該当するときを除く。)。
When the person ceases to be a dependent spouse (excluding a case falling under Article 7, paragraph (1), item (i) or item (ii)).
No English for this paragraph yet.
削除
Article 11Calculation of the Insured Period
第十一条(被保険者期間の計算)
When calculating the insured period, it is to be calculated by the month, and the months from the month in which the day on which the person acquired status as an insured person falls, up to the month preceding the month in which the day on which the person lost that status falls, are to be included in it.
被保険者期間を計算する場合には、月によるものとし、被保険者の資格を取得した日の属する月からその資格を喪失した日の属する月の前月までをこれに算入する。
When an insured person loses status as an insured person in the month in which the day of acquiring that status falls, that month is included in the insured period as one month. However, this does not apply when the person acquires status as an insured person again in that month.
被保険者がその資格を取得した日の属する月にその資格を喪失したときは、その月を一箇月として被保険者期間に算入する。ただし、その月にさらに被保険者の資格を取得したときは、この限りでない。
For a person who, after losing status as an insured person, has again acquired that status, the insured periods before and after are aggregated.
被保険者の資格を喪失した後、さらにその資格を取得した者については、前後の被保険者期間を合算する。
第十一条の二
When calculating the insured period as a category 1 insured person, the insured period as a category 2 insured person, or the insured period as a category 3 insured person, a month in which there was a change in the category of insured person (meaning the distinction as to whether a person is a category 1 insured person, a category 2 insured person, or a category 3 insured person; the same applies hereinafter) is deemed to be a month during which the person was an insured person of the category after the change. When there have been changes in the category of insured person two or more times within the same month, that month is deemed to be a month during which the person was an insured person of the last category.