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PUBLIC OFFICIALS PENSION ACT

Wholly Amended by Act No. 15523, Mar. 20, 2018

Amended by Act No. 15554, Apr. 17, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to stabilizing the livelihood of public officials or their survivors and improving their welfare by paying appropriate benefits for the retirement, disability or death of public officials and providing welfare services to them.
 Article 2 (Administration)
The Minister of Personnel Management shall administer matters concerning the operation of the public officials pension system under this Act.
 Article 3 (Definitions)
(1) The definitions of the terms used in this Act shall be as follows:
1. The term "public official" means either of the following persons, who engage in public service:
(a) A public official under the State Public Officials Act, the Local Public Officials Act or other Acts: Provided, That the foregoing shall not apply to military personnel and public officials elected to office;
(b) Other persons prescribed by Presidential Decree from among employees working in government agencies or local governments;
2. The term "survivor" means any of the following persons who are supported by a person who is or was a public official at the time of his/her death:
(a) A spouse (limited to a person who is in a conjugal relationship during his/her service, including a person who has a de facto conjugal relationship);
(b) A child (excluding a child born or adopted after the retirement date; but an embryo or fetus at the time of retirement shall be deemed a child born during his/her service; hereinafter the same shall apply);
(c) A parent (excluding a parent in cases of adoption after the retirement date);
(d) A grandchild (excluding a grandchild born or adopted after the retirement date; but an embryo or fetus at the time of retirement shall be deemed a grandchild born during his/her service; hereinafter the same shall apply);
(e) A grandparent (excluding a grandparent in cases of adoption after the retirement date);
3. The term "retirement" means dismissal, resignation, or removal from office for reasons other than death: Provided, That the foregoing shall not apply where a person regains his/her position as a public official on the date on which his/her position as the public official expires or on the following day thereafter and has not received retirement benefits and a retirement allowance under this Act;
4. The term "amount of standard monthly income" means the amount obtained by dividing the total amount paid per annum of the amount obtained by deducting non-taxable income from income earned by serving for a certain period by 12 months, which forms the basis for calculating contributions and benefits. In such cases, the range of income and non-taxable income, and the method of determining the amount of standard monthly income, the applicable period thereof, etc. shall be prescribed by Presidential Decree;
5. The term "average amount of standard monthly income" means the amount obtained by dividing the total amount of standard monthly income of each year during the length of service after converting the amount thereof into the current value on the date on which a reason for paying benefits arises (where the reason for paying benefits arises due to retirement or after retirement, referring to the day preceding the retirement date; hereinafter the same shall apply) in consideration of the percentage of increase, etc. in remuneration for public officials, as prescribed by Presidential Decree: Provided, That the average amount of standard monthly income which forms the basis for computing a retirement pension or an early retirement pension under Article 43 (1) and (2), and a survivors' pension under Article 54 (1) 1 (excluding cases where survivors of a person who was a public official receive a survivors' pension because the aforesaid person who has received a retirement pension or an early retirement pension is deceased) shall be an amount obtained by converting the average amount of standard monthly income at the time the reason for paying benefits arises into the current value at the time of the commencement of the payment of pension in consideration of the percentage of increase, etc. in remuneration for public officials, as prescribed by Presidential Decree;
6. The term "head of an agency" means a person prescribed by Presidential Decree, who is the head of an agency that executes a budget to pay remuneration;
7. The term "person liable to collect contributions" means a person prescribed by Presidential Decree, who engages in affairs concerning budget expenditures;
8. The term "contributions" means the amount of money paid by public officials, which are expenses incurred in providing benefits;
9. The term "pension contributions" means the amount of money paid by the State or a local government, which are expenses incurred in providing benefits.
(2) A child and grandchild under paragraph (1) 2 (b) and (d) shall be limited to either of the following persons. In such cases, a grandchild shall be limited to cases where he/she does not have his/her father or where his/her father has a disability (referring to the disability under Article 3 (1) 7 of the Public Officials' Accident Compensation Act; hereinafter the same shall apply) prescribed by Presidential Decree:
1. Those who are under 19 years of age;
2. Those who are 19 years of age or older, who have a disability prescribed by Presidential Decree.
(3) Any embryo or fetus of a person who is or was a public official at the time of his/her death shall be deemed already born when benefits under this Act are paid.
CHAPTER II GOVERNMENT EMPLOYEES PENSION SERVICE
 Article 4 (Establishment of Government Employees Pension Service)
In order to efficiently implement programs to achieve the purpose of this Act after being entrusted with authority and affairs of the Minister of Personnel Management, the Government Employees Pension Service (hereinafter referred to as the "GEPS") shall be established.
 Article 5 (Legal Personality)
The GEPS shall be a juristic person.
 Article 6 (Articles of Incorporation)
(1) The articles of incorporation of the GEPS shall include the following:
1. Purpose;
2. Name;
3. Matters concerning the principal office and branch offices;
4. Matters concerning executive officers and employees;
5. Matters concerning the board of directors;
6. Matters concerning services and the implementation thereof;
7. Matters concerning assets and accounting;
8. Matters concerning amendments to the articles of incorporation;
9. Matters concerning the enactment, amendment and repeal of rules or regulations;
10. Matters concerning the method of public announcement.
(2) Where the GEPS intends to sign or amend the articles of incorporation, it shall obtain approval from the Minister of Personnel Management.
 Article 7 (Registration of Incorporation)
The GEPS shall be brought into existence by registration of incorporation at the seat of its principal office.
 Article 8 (Executive Officers)
(1) The GEPS shall have, as its executive officers, one chairperson, three executive directors, not more than five non-executive directors, and one auditor.
(2) The term of office of the chairperson shall be three years, and the term of office of executive directors, non-executive directors and the auditor shall be two years; they may serve consecutive terms on a yearly basis.
(3) The President shall appoint or dismiss the chairperson upon the recommendation of the Minister of Personnel Management, and the Minister of Personnel Management shall appoint or dismiss executive directors and non-executive directors upon the recommendation of the chairperson. In such cases, non-executive directors shall include persons who are or were public officials.
(4) The President shall appoint or dismiss the auditor upon the recommendation of the Minister of Strategy and Finance.
(5) Executive officers under paragraphs (3) and (4) (excluding non-executive directors) shall be appointed from among more than one person recommended by the Executive Officer Recommendation Committee under Article 29 of the Act on the Management of Public Institutions.
(6) Non-executive directors under paragraph (3) shall be appointed from among more than one person recommended by the Executive Officer Recommendation Committee under Article 29 of the Act on the Management of Public Institutions after deliberation and resolution by the Committee for Management of Public Institutions under Article 8 of the same Act.
 Article 9 (Duties of Executive Officers)
(1) The chairperson shall represent the GEPS and preside over its affairs.
(2) Executive directors shall take partial charge of the affairs of the GEPS, as prescribed by the articles of incorporation, and where the chairperson is unable to perform his/her duties due to extenuating circumstances, executive directors shall perform his/her duties on his/her behalf in the order of priority prescribed by the articles of incorporation.
(3) The auditor shall audit financial statements and inspect the affairs of the GEPS.
 Article 10 (Appointment of Representative)
The chairperson may appoint a representative who has authority to perform all judicial or extrajudicial acts concerning the affairs of the GEPS from among its employees, as prescribed by its articles of incorporation.
 Article 11 (Grounds for Disqualification of Executive Officers)
None of the following persons shall serve as an executive officer of the GEPS:
1. Any person who is not a national of the Republic of Korea;
2. Any person who has grounds for disqualification under the subparagraphs of Article 33 of the State Public Officials Act.
 Article 12 (Dismissal, etc. of Executive Officers)
(1) Where an executive officer falls under any of the subparagraphs of Article 11 or is found to fall thereunder at the time of his/her appointment, he/she shall retire from office mandatorily.
(2) The person who has authority to appoint or dismiss executive officers may dismiss an executive officer who falls under any of the following:
1. When it is extremely impracticable or impossible for him/her to perform his/her duties due to a physical or mental disability;
2. When he/she inflicts a loss on the GEPS intentionally or by gross negligence;
3. When he/she violates his/her official duties.
 Article 13 (Restrictions on Holding Concurrent Office by Executive Officers and Employees)
(1) The chairperson, executive directors, the auditor and employees of the GEPS shall not engage in affairs for the purpose of making profits.
(2) The chairperson and executive directors shall not concurrently hold another office without permission from the Minister of Personnel Management; the auditor shall not concurrently hold another office without permission from the Minister of Strategy and Finance; and the employees shall not concurrently hold another office without permission from the chairperson.
 Article 14 (Board of Directors)
(1) In order to deliberate and decide on important matters of the GEPS, the board of directors shall be established in the GEPS.
(2) The board of directors shall be comprised of the chairperson, executive directors and non-executive directors.
(3) The chairperson shall convene meetings of the board of directors for himself/herself or at the request of at least one third of the incumbent directors and preside over its meetings.
(4) The board of directors shall adopt resolutions by a majority vote of the incumbent directors.
(5) The auditor may attend the meetings of the board of directors and present his/her opinion.
 Article 15 (Appointment and Dismissal of Employees)
The chairperson shall appoint or dismiss employees of the GEPS, as prescribed by the articles of incorporation.
 Article 16 (Legal Fiction as Public Officials When Penalty Provisions Apply)
When the provisions of Articles 129 through 132 of the Criminal Act apply, executive officers and employees of the GEPS shall be deemed public officials.
 Article 17 (Services of the GEPS)
The GEPS shall perform the following services:
1. Payment of benefits under Article 28;
2. Collection of contributions, pension contributions, and other expenses;
3. Services to increase the Public Official Pension Fund under Article 76;
4. Welfare services for public officials;
5. Construction, supply and lease of housing or acquisition of housing sites;
6. Other affairs entrusted by the heads of central administrative agencies, such as the Minister of Personnel Management, the heads of local governments, etc. pursuant to this Act or other statutes.
 Article 18 (Special Cases concerning Housing Construction Projects, etc.)
The GEPS may construct, supply or lease housing, or acquire housing sites for public officials, as prescribed by the Housing Act, the Housing Site Development Promotion Act, the Special Act on Private Rental Housing or the Special Act on Public Housing. In such cases, the GEPS shall be deemed the State or a local government.
 Article 19 (Supervision over the GEPS)
(1) The GEPS shall obtain approval from the Minister of Personnel Management of the plan to operate services and budget for each fiscal year, as prescribed by Presidential Decree.
(2) The GEPS shall report the result of services performed and the closing of accounts to the Minister of Personnel Management within two months after each fiscal year ends.
(3) The Minister of Personnel Management may take measures necessary for supervision, such as requiring the GEPS to report its services, examining its services or financial standing or requiring it to amend the articles of incorporation.
 Article 20 (Accounting of the GEPS)
(1) The fiscal year of the GEPS shall coincide with that of the Government.
(2) The GEPS shall establish accounting rules with the approval of the Minister of Personnel Management.
(3) Where necessary to efficiently perform services under Article 17, the GEPS may administer accounting by separating the revenue and expenditure of services in a specific field prescribed by the accounting rules.
 Article 21 (Revenue and Expenditure of the GEPS)
(1) The revenue and expenditure of the GEPS shall be the following amounts based on the following classifications:
1. Revenue:
(a) Contributions;
(b) Pension contributions;
(c) Compensatory grants under the proviso to Article 71 (1);
(d) Money transferred and the allowance transferred from the Public Official Pension Fund;
(e) Subsidies and monies borrowed from the State or a local government, and other income;
(f) Income for affairs entrusted by the State or a local government pursuant to this Act or other statutes;
2. Expenditure:
(a) Benefits, reserve funds and refunds under this Act;
(b) Repayments of monies borrowed and interest thereon;
(c) Expenditures for affairs entrusted by the State or a local government pursuant to this Act or other statutes;
(d) Other expenses incurred in the operation of the GEPS.
(2) Monies transferred from the Public Official Pension Fund under paragraph (1) 1 (d) shall be determined by the Minister of Personnel Management within the limit of the amount equivalent to the proceeds earned from the operation of the Fund in the preceding year.
 Article 22 (Disposal of Surplus)
If surplus arises after the closing of accounts at the end of each fiscal year, the GEPS shall make up for any loss and the balance shall be set aside as the revenue for the Public Official Pension Fund: Provided, That where the revenue and expenditure are managed as separate accounts under Article 20 (3), the foregoing shall not apply to the surplus in the relevant accounts.
 Article 23 (Entrustment of Affairs of the GEPS)
(1) The GEPS may, as prescribed by the articles of incorporation, entrust some of its affairs to post offices, local governments, financial institutions, public institutions under Article 4 of the Act on the Management of Public Institutions, or other persons.
(2) The scope of affairs the GEPS may entrust pursuant to paragraph (1) shall be prescribed by Presidential Decree.
 Article 24 (Application Mutatis Mutandis of the Civil Act)
Except as provided for in this Act, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis to the GEPS.
CHAPTER III LENGTH OF SERVICE
 Article 25 (Calculation of Length of Service)
(1) The length of service shall be calculated by the number of years and months from the month in which the date of his/her appointment falls to the month in which the day preceding the date of his/her retirement or the date of his/her death falls.
(2) Where a retired public official or a member of the Republic of Korea Armed Forces or a private school teacher or employee (excluding a person who has not been subject to this Act, the Military Pension Act, or the Pension for Private School Teachers and Staff Act) is appointed as a public official, the length of previous service or the period of previous service under the relevant Pension Act may be added to the length of service under paragraph (1) as he/she pleases.
(3) Any of the following periods of service before a person is appointed as a public official may be included in the length of service under paragraph (1) as he/she pleases:
1. Period of service as an active-duty soldier or as a non-commissioned officer appointed without having applied therefor under the Military Service Act (including the period of service prescribed by Presidential Decree, from among the periods of service by a call for national defense, full-time reserve duty or replacement);
2. Period of service as a public health doctor pursuant to the following Acts during the period between January 1, 1979 and May 31, 1992:
(a) Former Act on Special Measures for Public Health and Medical Services (referring to the Act before repealed by Act No. 3335, Dec. 31, 1980);
(b) Former Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages (referring to the Act before wholly amended by Act No. 4430, Dec. 14, 1991);
(c) Former Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, Etc. (referring to the Act before partially amended by Act No. 4685, Dec. 31, 1993).
(4) The length of service or the period of service under paragraphs (2) and (3), and the length of service under Article 7 (2) of the Addenda to the Public Officials Pension Act (No. 3586) shall not be added to or included in the length of service under paragraph (1) when a retirement allowance under subparagraph 4 of Article 28 is paid.
(5) When the length of service is calculated to pay a retirement allowance under subparagraph 4 of Article 28, half the period of absence excluding a leave of absence for the following reasons, half the period of removal from office, half the period of suspension from office, and half the period during which he/she was unable to perform his/her duties due to demotion shall be subtracted from the relevant periods, respectively:
1. A leave of absence due to a disease or injury incurred in the line of duty;
2. A leave of absence to complete military service under the Military Service Act;
3. A leave of absence due to temporary employment with an international organization, foreign institution, educational institution abroad (referring to an educational institution abroad under subparagraph 2 of Article 2 of the Act on the Educational Support, etc. for Korean Nationals Residing Abroad), university or research institute in the Republic of Korea and abroad, any other national agency or private enterprise, or any other institution;
5. A leave of absence due to child rearing, pregnancy or childbirth of a female public official;
6. A leave of absence to perform duties under other Acts.
 Article 26 (Method of Aggregating Length of Service)
(1) A person who intends to be permitted to have an aggregate length of service or the period of service pursuant to Article 25 (2) shall submit to the GEPS an application for permission to have an aggregate length of service.
(2) A person who has been permitted to have an aggregate length of service after filing an application for permission to have an aggregate length of service pursuant to paragraph (1) shall return to the GEPS the amount of retirement benefits he/she received at the time of retirement [where restrictions were imposed on the amount of benefits pursuant to Article 65 (including cases as applicable mutatis mutandis in Article 42 of the Pension for Private School Teachers and Staff Act), or Article 33 of the Military Pension Act, the amount of benefits he/she should have received where no restrictions were imposed] including interest prescribed by Presidential Decree: Provided, That where a person who has been permitted to have an aggregate length of service is a recipient of a retirement pension, early retirement pension, or veteran's retirement pension, benefits which are such a pension shall not be returned.
(3) The amount of retirement benefits to be returned pursuant to paragraph (2) and interest thereon (hereinafter referred to as "amount to be returned") may be paid in installments, as prescribed by Presidential Decree. In such cases, interest prescribed by Presidential Decree shall be added thereto.
(4) Where a person who has been permitted to have an aggregate length of service files an application for full or partial exclusion from an aggregate length of service permitted to have, or fails to pay the amount to be returned for at least six months, the GEPS may exclude the period calculated by deducting the length of service corresponding to the amount to be returned, which has already been paid, from an aggregate length of service permitted to have from the total length of service.
 Article 27 (Method of Calculating Period of Service before Appointment)
A person who intends to be permitted to include the period of service pursuant to Article 25 (3) shall submit to the GEPS an application for inclusion of the period of service.
CHAPTER IV BENEFITS
SECTION 1 Common Provisions
 Article 28 (Benefits)
The following benefits shall be paid for the retirement, death and disability for reasons other than official duties of public officials:
1. Retirement benefits:
(a) Retirement pension;
(b) Lump-sum retirement pension;
(c) Lump-sum retirement pension after deductions;
(d) Lump-sum payment on retirement;
2. Survivors' benefits:
(a) Survivors' pension;
(b) Additional payments to survivors' pension;
(c) Special additional payments to survivors' pension;
(d) Lump-sum survivors' pension;
(e) Lump-sum payment to survivors;
3. Disability benefits for reasons other than official duties:
(a) Disability pension for reasons other than official duties;
(b) Lump-sum payment for disability for reasons other than official duties;
4. Retirement allowance.
 Article 29 (Confirmation of Reasons for Providing Benefits and Determination of Benefits)
(1) The GEPS shall pay various kinds of benefits at the request of a person entitled to receive such benefits according to the determination of the Minister of Personnel Management: Provided, That matters prescribed by Presidential Decree, such as whether there is a reason to restrict the payment of a disability pension or lump sum payment for disability under Article 59 or benefits under Article 63 (3), shall go through deliberation by the Public Officials' Accident Compensation Deliberative Committee under Article 6 of the Public Officials' Accident Compensation Act.
(2) The Minister of Personnel Management may entrust his/her authority to determine benefits under paragraph (1) to the GEPS, as prescribed by Presidential Decree.
 Article 30 (Basis for Calculating Amount of Benefits)
(1) Benefits under this Act (excluding a retirement pension and early retirement pension under Article 43 (1) and (2) and a survivors' pension under Article 54 (1)) shall be calculated based on the amount of standard monthly income in the month in which the date on which reasons for providing benefits arise falls.
(2) A retirement pension and early retirement pension under Article 43 (1) and (2) and a survivors' pension under Article 54 (1) shall be calculated based on the following amounts:
1. Amount of money obtained by converting the amount of money obtained by dividing the total amount of money calculated pursuant to the following items by 3 into the present value at the point in time the payment of the pension begins, in consideration of the percentage of increase, etc. in remuneration for public officials, as prescribed by Presidential Decree:
(a) Amount of money obtained by converting the average amount of standard monthly income of all public officials in the year three years before retirement according to the rate of change in national consumer prices in the year preceding retirement compared with the year three years before retirement;
(b) Amount of money obtained by converting the average amount of standard monthly income of all public officials in the year two years before retirement according to the rate of change in national consumer prices in the year preceding retirement compared with the year two years before retirement;
(c) Average amount of standard monthly income of all public officials in the year preceding retirement;
2. Average amount of standard monthly income. In such cases, the amount of standard monthly income shall not exceed 160 percent of the average amount of standard monthly income of all public officials.
(3) Basis and methods for calculating the average amount of standard monthly income of all public officials shall be prescribed by Presidential Decree.
 Article 31 (Order of Priority of Survivors)
The order of priority of survivors who are to receive benefits shall be based on the order of priority of succession under the Civil Act.
 Article 32 (Coexistence of Survivors in Same Order of Priority)
When two or more survivors are in the same order of priority among survivors, benefits shall be divided equally and paid to each of them, and the method of payment shall be prescribed by Presidential Decree.
 Article 33 (Special Cases on Recipients of Benefits)
(1) Where a person who is or was a public official dies, in which case no survivor to receive benefits exists, the amount of money not exceeding the limit prescribed by Presidential Decree shall be paid to his/her lineal ascendant or descendent who is not his/her survivor, and where no lineal ascendant or descendent exists, it may be used for the person who is or was the public official.
(2) Where there exist two or more lineal ascendants or descendents who are not survivors under paragraph (1), Articles 31 and 32 shall apply mutatis mutandis to the payment of the relevant benefits.
 Article 34 (Period and Timing for Payment of Pensions)
(1) Benefits as pensions shall be paid for the period from the month following the month in which the date on which reasons for providing such benefits (including reasons to change the rating of a disability pension for reasons other than official duties under Article 60) arise falls to the month in which the date on which such reasons no longer exist falls: Provided, That in cases falling under Article 43 (1) 1 through 4 and (2), benefits shall be paid for the period from the month in which the date on which the payment of the relevant retirement pension begins (excluding cases where the month is included in the length of service pursuant to Article 25 (1)) falls to the month in which the date on which reasons therefor no longer exist falls.
(2) Where reasons for suspending the payment of benefits which are the pension arise, the payment of benefits shall be suspended for the period from the month following the month in which the date on which reasons therefor arise falls to the month in which the date on which reasons therefor no longer exist falls: Provided, That where the date on which reasons for suspending the payment thereof arise and the date on which reasons therefor no longer exist fall in the same month, the payment of benefits shall not be suspended.
(3) Benefits which are a pension shall be paid each month, as prescribed by Presidential Decree.
 Article 35 (Adjustment of Amount of Pension)
(1) Benefits which are a pension may be increased or decreased each year by the amount of money equivalent to the rate of change in national consumer prices in the preceding year compared with two years ago publicly notified by the Commissioner of Statistics Korea each year pursuant to Article 3 of the Statistics Act.
(2) The amount of pension adjusted pursuant to paragraph (1) shall apply to the period from January through December of the relevant year.
 Article 36 (Special Cases concerning Payment of Pension)
(1) Where a person entitled to receive benefits which are a pension emigrates to a foreign country, he/she may receive a lump sum payment in lieu of benefits which are the pension paid from the month following the month in which he/she departs from the Republic of Korea as he/she pleases. In such cases, a lump sum payment shall be the amount of money equivalent to the pension for four years based on the month following the month in which he/she departs from the Republic of Korea.
(2) Where a person entitled to receive benefits which are a pension loses his/her Korean nationality, he/she may receive a lump sum payment in lieu of benefits which are the pension paid from the month following the month in which he/she loses his/her Korean nationality as he/she pleases. In such cases, a lump sum payment shall be the amount of money equivalent to the pension for four years based on the month following the month in which he/she loses his/her Korean nationality.
 Article 37 (Withdrawal of Benefits)
(1) Where a person who receives benefits falls under any of the following, the GEPS shall withdraw such benefits (where the difference between the amount of benefits paid and the amount of benefits which should be paid, referring to the difference; hereafter the same shall apply in this Article). In cases falling under subparagraph 1, the GEPS shall collect the amount of benefits together with interest and expenses incurred in withdrawing benefits prescribed by Presidential Decree, and in cases falling under subparagraph 2 or 3, where a person from whom benefits are to be withdrawn fails to pay them by the payment deadline, interest prescribed by Presidential Decree shall be added thereto:
1. Where he/she receives benefits by deception or other fraudulent means;
2. Where reasons for providing benefits no longer exist retroactively after he/she received benefits;
3. Where benefits are paid by mistake.
(2) Where the GEPS withdraws benefits under paragraph (1), in which case the person from whom benefits are to be withdrawn fails to pay them by the payment deadline, it may collect such amount in the same manner as delinquent taxes are collected under the National Tax Collection Act with the approval of the Minister of Personnel Management.
(3) Where the GEPS withdraws benefits pursuant to paragraph (1), it may write off benefits in any of the following cases: Provided, That in cases of subparagraphs 1 and 3, where the GEPS finds assets it may seize after it has written off benefits, it shall without delay revoke the write-off of benefits, and collect the amount of benefits in the same manner as delinquent taxes are collected:
1. Where the GEPS has conducted the collection of unpaid benefits, however, the distributed amount appropriated to the amount of benefits in arrears is less than the amount of benefits in arrears;
2. Where the extinctive prescription against the relevant right ends;
3. Where the GEPS deems it impossible to collect unpaid benefits, as prescribed by Presidential Decree.
(4) Executive officers and employees of the GEPS, who collect the amount of benefits in arrears pursuant to paragraph (2) and the proviso to paragraph (3), shall be deemed public officials.
 Article 38 (Payment after Deducting Unpaid Amounts)
Where a person who is or was a public official has any of the following debts, benefits may be paid to him/her after such debts are deducted from the benefits under this Act: Provided, That in the case of benefits payable as a pension, deduction shall not be made in excess of half the pension paid on a monthly basis:
1. Principal of and interest on the amount of money which should be returned;
2. Principal of and interest on the amount of money which should be withdrawn under Article 37;
3. Difference related to the exact calculation of the amount of money whose payment is suspended under Article 50 (3);
4. Unpaid contributions where contributions under Article 67 (1) and (3) and Article 7 (2) and (3) of the Addenda to the Public Officials Pension Act (No. 3586) have not been paid;
5. Principal and interest which have not been repaid where a public official has failed to repay a student loan under Article 75;
6. Principal and interest which have not been repaid where a public official has failed to repay a loan under Article 77 (2) 5.
 Article 39 (Protection of Rights)
(1) No entitlement to receive benefits shall be transferred, seized or provided as collateral: Provided, That the entitlement to receive benefits which are a pension may be provided as collateral to financial companies designated by Presidential Decree and may be subject to the collection of the amount of benefits to be withdrawn under the National Tax Collection Act, the Local Tax Collection Act, and other Acts.
(2) Among benefits paid to a recipient, no benefits not more than the amount prescribed by subparagraph 3 of Article 195 of the Civil Execution Act shall be attached.
 Article 40 (Adjustment among Benefits)
(1) Where a recipient of a retirement pension or early retirement pension receives a survivors' pension other than his/her retirement pension or early retirement pension, the survivors' pension shall be paid after half the amount thereof is deducted.
(2) Where a recipient of a retirement pension or early retirement pension retires again or dies after he/she has been permitted to have an aggregate length of service pursuant to Article 26, he/she may receive only a retirement pension (including a lump sum retirement pension), early retirement pension (including a lump sum retirement pension after deductions) or survivors' pension (including additional payments to the survivors' pension), and he/she shall not receive a lump sum retirement pension or lump sum survivors' pension in lieu of the retirement pension or the survivors' pension.
(3) Where a recipient of an early retirement pension retires again or dies after he/she has been permitted to have an aggregate length of service pursuant to Article 26, he/she may receive only an early retirement pension (including a lump sum retirement pension after deductions) or survivors' pension (including additional payments to the survivors' pension), and he/she shall not receive a lump sum retirement pension or lump sum survivors' pension in lieu of the early retirement pension or the survivors' pension. In such cases, the amount of early retirement pension shall be the amount obtained by applying the rate of payment before he/she is reappointed to the amount of retirement pension calculated by having an aggregate length of service.
(4) A retirement pension under Article 43 and a disability pension for reasons other than official duties under Article 59 shall not be paid simultaneously.
 Article 41 (Adjustment to Benefits under Other Statutes)
(1) For a person who receives the same kind of benefits as benefits under this Act at the cost of the State or a local government under other statutes, such benefits shall be paid after the amount equivalent to such benefits is deducted from the benefits under this Act.
(2) Where a recipient of a military pension under the Military Pension Act, retirement pension or early retirement pension under the Pension for Private School Teachers and Staff Act or the Special Post Offices Act also receives a survivors' pension under this Act, survivors' pension shall be paid after half the amount thereof is deducted.
(3) Where the right to receive a disability pension for reasons other than official duties under Article 59 and the right to receive a disability pension under Article 28 of the Public Officials' Accident Compensation Act arise simultaneously, a public official may select and receive one of such disability pensions.
(4) Where a public official entitled to receive a retirement pension or early retirement pension dies and survivors of the public official are entitled to receive a survivors' pension for a public official who died in the line of duty (hereinafter referred to as "survivors' pension for a public official who died in the line of duty") under Article 36 of the Public Officials’ Accident Compensation Act or survivors' pension for a public official who died in the line of dangerous duty (hereinafter referred to as "survivors' pension for a public official who died in the line of dangerous duty") under Article 38 of the aforesaid Act, survivors of the relevant public official may select and receive one of the survivors' pension under Article 54 (1) and the survivors' pension for a public official who died in the line of duty or the survivors' pension for a public official who died in the line of dangerous duty.
(5) Notwithstanding paragraph (4), where a public official who has held office for at least ten years dies while holding office and survivors of the public official select a lump sum survivors' pension under Article 54 (4), in which case survivors of the relevant public official are entitled to receive a survivors' pension for a public official who died in the line of duty or survivors' pension for a public official who died in the line of dangerous duty, the relevant survivors may select and receive one of the lump sum survivors' pension and the survivors' pension for a public official who died in the line of duty or the survivors' pension for a public official who died in the line of dangerous duty.
(6) Where a public official who has held office for less than ten years dies while holding office and survivors of the relevant public official are entitled to receive a survivors' pension for a public official who died in the line of duty or survivors' pension for a public official who died in the line of dangerous duty, the relevant survivors may select and receive one of the lump sum survivors' pension under Article 58 (1) and the survivors' pension for a public official who died in the line of duty or the survivors' pension for a public official who died in the line of dangerous duty.
 Article 42 (Right to Claim Damages against Third Party)
(1) Where reasons for providing benefits under this Act arise due to an act committed by a third party, the GEPS shall acquire the right to claim damages which a beneficiary has against the third party to the extent of the amount of benefits already paid for reasons for providing such benefits (where a public official receives a disability pension for reasons other than official duties, referring to the amount of money equivalent to the amount of disability pension for five years): Provided, That where the third party falls under any of the following, the GEPS may choose not to exercise the right to claim damages fully or partially following deliberation by the Public Officials' Accident Compensation Deliberative Committee under Article 6 of the Public Officials' Accident Compensation Act:
1. A spouse of a person who is or was the relevant public official;
2. A lineal ascendant or lineal descendant of a person who is or was the relevant public official;
3. A public official performing official duties.
(2) In cases falling under paragraph (1), where a beneficiary has already received compensation for damages from the third party for the same reasons, benefits shall not be paid to the extent of the amount of compensation.
SECTION 2 Retirement Benefits
 Article 43 (Retirement Pension or Lump-Sum Retirement Pension)
(1) Where a public official retires from office after serving for at least ten years, a retirement pension shall be paid from the time when he/she falls under any of the following until he/she dies:
1. Where he/she reaches the age of 65;
2. Where Acts or the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations and Presidential Decree (hereinafter referred to as the "statutes related to the appointment of public officials") prescribe the age limit or the upper age limit for service (the upper age limit for service of public officials whose upper age limit for service is not provided in statutes related to the appointment of public officials shall be the age prescribed by Presidential Decree, in consideration of that of public officials whose upper age limit for service is provided in statutes related to the appointment of public officials and who hold positions similar to them) to less than 60 years of age, when five years have elapsed since he/she reached such age limit or such upper age limit for service;
3. Where five years have elapsed since he/she reached the class age limit provided in statutes related to the appointment of public officials and retired from his/her office;
4. Where five years have elapsed since he/she retired from his/her office because his/her position became defunct due to the alteration and abolition of the table of organization and the fixed number of personnel or a reduction in budget, etc., or the number of public officials exceeds the fixed number of personnel;
5. Where he/she suffers a disability prescribed by Presidential Decree.
(2) Notwithstanding paragraph (1), where a public official who has held office for at least ten years and has retired from office wants to receive a retirement pension before the point in time the payment of the retirement pension under paragraph (1) 1 through 4 begins, the amount of money based on the following classifications may be paid as an early retirement pension according to the number of years less than the point in time (hereinafter referred to as "number of years less than the time") the payment of the retirement pension provided in paragraph (1) 1 through 4 begins until he/she dies:
1. Where the number of years less than the time is not more than one year: 95 percent of the amount equivalent to the retirement pension;
2. Where the number of years less than the time is neither less than one year nor more than two years: 90 percent of the amount equivalent to the retirement pension;
3. Where the number of years less than the time is neither less than two years nor more than three years: 85 percent of the amount equivalent to the retirement pension;
4. Where the number of years less than the time is neither less than three years nor more than four years: 80 percent of the amount equivalent to the retirement pension;
5. Where the number of years less than the time is neither less than four years nor more than five years: 75 percent of the amount equivalent to the retirement pension.
(3) Where a person entitled to receive a retirement pension or early retirement pension pursuant to paragraphs (1) and (2) wants, a lump-sum retirement pension may be paid in lieu of the retirement pension or early retirement pension, or a lump-sum retirement pension after deductions may be paid in lieu of the retirement pension or early retirement pension corresponding to the period for which he/she wants to be paid in his/her length of service over ten years (where a recipient of a retirement pension, early retirement pension, or military pension has been permitted to have an aggregate length of service pursuant to Article 26, referring to the length of service aggregated).
(4) The amount of a retirement pension under paragraph (1) shall be the amount equivalent to 1.7 percent of the average amount of standard monthly income per annum of the length of service (where the length of service is less than one year, one month shall be calculated as 1/12 year; hereinafter the same shall apply). Provided, That the length of service shall not exceed 36 years.
(5) The amount of a lump-sum retirement pension under paragraph (3) shall be calculated according to the following formula. In such cases, where the length of service is less than one year, one month shall be calculated as 1/12 year, and the period exceeding 36 years shall be calculated as 36 years:
Amount of standard monthly income in the month in which the day preceding the date of retirement falls × the number of years during which a public official has held office × [975/1,000 + 65/10,000 (the number of years during which a public official has held office ? 5)]
(6) The amount of a lump-sum retirement pension after deductions under paragraph (3) shall be calculated according to the following formula. In such cases, the number of years during which a public official has held office, which is subject to deduction, shall be the number of years during which the public official has held office, which the public official who retires from office wants to include in the calculation of the lump-sum retirement pension after deductions, and where the period is less than one year, one month shall be calculated as 1/12 year:
Amount of standard monthly income in the month in which the day preceding the date of retirement falls × the number of years during which a public official has held office, which is subject to deduction × (975/1,000 + 65/10,000 × the number of years during which a public official has held office, which is subject to deduction)
(7) Where the amount calculated pursuant to paragraph (5) is less than the amount obtained by adding interest under Article 379 of the Civil Act to contributions already paid, the amount obtained by adding interest under Article 379 of the Civil Act to contributions shall be paid instead of the amount calculated pursuant to paragraph (5).
(8) The Minister of Personnel Management shall confirm retirement from office under paragraph (1) 4, as prescribed by Presidential Decree.
 Article 44 (Loss of Entitlement to Receive Retirement Pension)
Where a disability of a person who has received a retirement pension pursuant to Article 43 (1) 5 is no longer a disability prescribed by Presidential Decree, no retirement pension on the grounds of disability shall be paid from the next month.
 Article 45 (Beneficiary, etc. of Split Pension)
(1) Where a person who has been married (referring to the period excluding the period during which a de facto relationship has not existed for reasons, such as separation or elopement, which is the marriage period of period during which his/her spouse has held office as a public official; hereinafter the same shall apply) for at least five years fully satisfies the following requirements, he/she may receive a pension in a certain amount obtained by splitting the retirement pension or early retirement pension (hereinafter referred to as "split pension") of the person who has been his/her spouse while he/she is alive from then:
1. He/she shall have divorced his/her spouse;
2. The person who was his/her spouse shall be a beneficiary of the retirement pension or the early retirement pension;
3. He/she shall have reached the age of 65.
(2) The amount of split pension shall be the amount obtained by equally dividing the amount of pension corresponding to the marriage period of the amount of retirement pension or the amount of early retirement pension of the person who was his/her spouse.
(3) The spouse of a public official shall claim a split pension within three years from the time he/she fully satisfies the requirements under the subparagraphs of paragraph (1).
(4) Necessary matters concerning a claim for a split pension, the criteria and method for recognizing the marriage period, etc. under the provisions of paragraphs (1) through (3) shall be prescribed by Presidential Decree.
 Article 46 (Special Cases concerning Payment of Split Pension)
Notwithstanding Article 45 (2), where a split pension has been separately determined pursuant to Article 839-2 or 843 of the Civil Act, it shall apply to the payment of the split pension.
 Article 47 (Relationship between Split Pension and Retirement Pension, etc.)
(1) The right to receive a split pension under Article 45 (1) shall not be affected even if the right to receive a retirement pension or early retirement pension is extinguished or suspended for reasons which have arose to a person who was his/her spouse after he/she has acquired the right to receive the split pension: Provided, That where the amount of retirement pension or the amount of early retirement pension of the person who was his/her spouse is reduced or the payment of which is suspended for reasons of punishment, etc., Article 65 shall apply mutatis mutandis thereto.
(2) Where a beneficiary has the right to receive at least two split pensions, the aggregate amount of at least two split pensions shall be paid.
(3) Where a survivors' pension under Article 54 is paid, a beneficiary of a split pension shall not be deemed a beneficiary of a retirement pension or early retirement pension.
(4) Where a beneficiary of a split pension has the right to receive a retirement pension or early retirement pension, the aggregate amount of the split pension and the retirement pension or the early retirement pension shall be paid.
(5) Where the right to receive a split pension is extinguished, the amount of money before the pension was split shall be paid to the person who was his/her spouse from the month following the month in which the date on which the grounds for the extinguishment thereof arise falls.
(6) Where both the beneficiary of a split pension and the person who was his/her spouse are beneficiaries of a retirement pension or early retirement pension, each split pension may not be paid under the agreement by and between both parties.
 Article 48 (Special Case concerning Claim for Split Pension)
(1) Notwithstanding Article 45 (3), where a public official divorces his/her spouse before he/she reaches the age under Article 45 (1) 3, his/her spouse may claim a split pension in advance from the time divorce comes into effect.
(2) Where the spouse of a public official claims a split pension in advance (hereinafter referred to as "prior claim for a split pension") pursuant to paragraph (1), he/she shall be deemed to have claimed the split pension under Article 45 (3): Provided, That the foregoing shall only apply where he/she has filed a prior claim for a split pension and does not revoke a prior claim therefor under paragraph (3).
(3) The spouse of a public official shall file a prior claim for a split pension within three years from the time divorce comes into effect, and may revoke a prior claim for a split pension before he/she reaches the age under Article 45 (1) 3. In such cases, a prior claim for a split pension and the revocation of a prior claim therefor shall be limited to only once, respectively.
(4) Where the spouse of a public official files a prior claim for a split pension, in which case he/she fully satisfies the requirements under the subparagraphs of Article 45 (1), a split pension shall be paid to him/her.
(5) Necessary matters concerning methods, procedures, etc. for filing a prior claim for a split pension and revoking the prior claim therefor under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
 Article 49 (Split of Lump Sum Retirement Pension, etc.)
(1) Split benefits under the relevant subparagraphs shall be paid to a person who was the spouse of any of the following public officials (limited to cases where he/she has married the public official for at least five years and divorced before the public official who was his/her spouse claims retirement benefits) based on his/her claim. In such cases, where he/she has already filed a prior claim for a split pension, his/her claim shall be deemed a prior claim for benefits under the relevant subparagraph:
1. The public official who claims a lump sum retirement pension instead of a retirement pension pursuant to Article 43 (3);
2. The public official who claims a lump sum retirement pension after deductions instead of a retirement pension pursuant to Article 43 (3);
3. The public official who claims a lump sum payment on retirement under Article 51.
(2) The spouse of a public official shall file a claim for the split of a lump sum retirement pension, lump sum retirement pension after deductions, or lump sum payment on retirement under paragraph (1) within three years from the date of filing a claim for a lump sum retirement pension, lump sum retirement pension after deductions, or lump sum payment on retirement (hereafter referred to as "lump sum retirement pension, etc." in this Article).
(3) Articles 45 (2) and (4) and 46, the proviso to Article 47 (1), Articles 47 (2), (4) and (6), and 48 (1), (2) and (4) shall apply mutatis mutandis to the amount split pursuant to paragraph (1) and the method for claiming the amount split. In such cases, a "split pension' shall be deemed a "split lump sum retirement pension", "split lump sum retirement pension after deductions", or "split lump sum payment on retirement".
 Article 50 (Suspension of Payment of Retirement Pension or Early Retirement Pension)
(1) Where a recipient of a retirement pension or early retirement pension falls under any of the following, the payment of all the relevant pensions shall be suspended for his/her length of service: Provided, That the foregoing shall not apply where the amount of his/her earned income is less than 160 percent of the average amount of standard monthly income of all the public officials in the preceding year, in which case he/she fall under any of subparagraphs 3 through 5:
1. Where he/she is appointed as a public official subject to this Act, a member of the armed forces subject to the Military Pension Act, or a teacher or employee of a private school subject to the Pension for Private School Teachers and Staff Act;
2. Where he/she takes office as an elected official by virtue of an election;
3. Where he/she is employed as an executive officer or employee by an institution in which the State has invested or funded the whole amount among public institutions under Article 4 of the Act on the Management of Public Institutions;
4. Where he/she is employed as an executive officer or employee by an institution in which a local government has invested or funded the whole amount among enterprises directly managed by a local government, local corporations and local industrial complexes under Article 2 of the Local Public Enterprises Act;
5. Where he/she is employed as an executive officer or employee by an institution in which a local government has invested or funded the whole amount among institutions under Article 2 (1) of the Act on the Operation of Local Government-Invested or -Funded Institutions.
(2) Matters concerning the designation, public notice, etc. of institutions falling under paragraph (1) 3 through 5 shall be prescribed by Presidential Decree.
(3) Where a recipient of a retirement pension or early retirement pension has business income under Article 19 (2) of the Income Tax Act or earned income under Article 20 (2) of the aforesaid Act, and the amount of monthly average of each income or the gross income (hereinafter referred to as "amount of monthly income") exceeds the amount of monthly average pension (referring to the amount obtained by dividing the total amount of the retirement pension and survivor's pension by the number of the relevant recipients) of the preceding year, the payment of the amount under the following classifications shall be suspended from the retirement pension or early retirement pension. In such cases, the amount of the payment suspended shall not exceed one half of the retirement pension or early retirement pension:
1. Where the amount of monthly income exceeding the amount of monthly average pension of the preceding year (hereinafter referred to as "amount of monthly excess income") is less than 500,000 won: 30 percent of the amount of monthly excess income less than 500,000 won;
2. Where the amount of monthly excess income is not less than 500,000 or less than one million won: 150,000 won + 40 percent of the amount of monthly excess income exceeding 500,000 won;
3. Where the amount of monthly excess income is not less than one million or less than 1.5 million won: 350,000 won + 50 percent of the amount of monthly excess income exceeding one million won;
4. Where the amount of monthly excess income is not less than 1.5 million or less than two million won: 600,000 won + 60 percent of the amount of monthly excess income exceeding 1.5 million won;
5. Where the amount of monthly excess income is not less than two million won: 900,000 won + 70 percent of the amount of monthly excess income exceeding two million won.
(4) Necessary matters concerning the computation of the amount of monthly income and the average amount of monthly pension under paragraph (3), methods of suspension of the payment thereof, etc. shall be prescribed by Presidential Decree.
 Article 51 (Lump Sum Payment on Retirement)
(1) Where a public official has held office for less than ten years and retires from office, a lump sum payment on retirement shall be made.
(2) A lump sum payment on retirement under paragraph (1) shall be the amount calculated pursuant to Article 43 (5).
(3) Where the amount calculated pursuant to paragraph (2) is less than the amount obtained by adding interest under Article 379 of the Civil Act to contributions already paid, notwithstanding paragraph (2), the amount obtained by adding interest under Article 379 of the Civil Act to contributions shall be paid in lieu of the amount calculated pursuant to paragraph (2).
 Article 52 (Retirement Benefits for Missing Persons)
(1) Where a person entitled to receive retirement benefits has been missing for at least one year, such retirement benefits may be paid to his/her heir or heiress upon claim by a person who will become his/her heir or heiress (he/she shall fall in a range of survivors; hereafter the same shall apply in this Article).
(2) Where an heir or heiress claims a pension of the missing person pursuant to paragraph (1), the relevant pension accrued from the time the missing person becomes entitled to receive a retirement pension or early retirement pension pursuant to this Act shall be paid, and where the whereabouts of the missing person are unknown even though three years have passed after the time when he/she became entitled to receive the pension, the amount equivalent to 60 percent of the amount of the relevant pension shall be paid from the following month.
(3) Where the death of a missing person is verified after the payment of benefits under paragraph (2), a survivors' pension shall be paid to his/her heir or heiress from the month following the month in which the date on which his/her death is confirmed falls: Provided, That where the date on which the missing person is deceased falls within three years from the date on which benefits are paid under paragraph (1), his/her heir or heiress shall return to the GEPS the amount obtained by adding interest prescribed by Presidential Decree to the difference between the survivors' pension his/her heir or heiress may receive from the month following the month in which the date on which he/she is deceased falls until the month in which the date on which three years have elapsed falls and benefits his/her heir or heiress has actually received.
(4) Where the survival of a missing person is verified, a retirement pension or early retirement pension shall be paid to the person who has been missing from the month following the month in which the date on which his/her survival is verified falls. In such cases, the amount equivalent to 60 percent of the retirement pension or early retirement pension has been paid to his/her heir or heiress pursuant to paragraph (2), the GEPS shall pay the amount obtained by adding interest prescribed by Presidential Decree to the difference between benefits paid during the payment period and benefits it should pay to the person who has been missing.
(5) Where at least two heirs or heiresses under paragraph (1) exist, Articles 31 and 32 shall apply mutatis mutandis with respect to the order of priority of such heirs or heiresses and the payment of retirement benefits, and Article 59 shall apply mutatis mutandis with respect to loss of entitlement to receive benefits of an heir or heiress who receives benefits pursuant to paragraph (2).
 Article 53 (Linkage between Retirement Benefits Relating to Transfer to Public Enterprise)
(1) Where particular affairs of the State or a local government are transferred to a public enterprise or an institution or organization similar thereto (hereinafter referred to as "public enterprise") and a public official who engaged in such affairs (including affairs related thereto) retires from office and becomes an executive officer or employee of the public enterprise, the length of service under Article 25 such executive officer or employee has previously provided as a public official shall be added to the length of service in the public enterprise when retirement benefits of such public enterprise are calculated, and the GEPS shall transfer to the public enterprise a lump sum retirement pension or lump sum payment on retirement which is retirement benefits for a person who was a public official under this Act when such executive officer or employee retires from the public enterprise or is deceased.
(2) A lump sum retirement pension or lump sum payment on retirement to be transferred to a public enterprise pursuant to paragraph (1) shall be calculated pursuant to the regulations concerning the calculation of retirement benefits at the time the public official retires from office, and the amount of standard monthly income which forms the basis for the calculation thereof shall be the amount of standard monthly income of the public official at the time he/she retires from the public enterprise or is deceased.
SECTION 3 Survivors' Benefits
 Article 54 (Survivors' Pension and Additional Payments to Survivors' Pension, etc.)
(1) Where a person entitled to receive a retirement pension or early retirement pension, who is or was a public official, dies, a survivors' pension shall be paid.
(2) Where a public official who has held office for at least ten years dies while holding office, additional payments to a survivors' pension shall be separately provided as well as the survivors' pension (including cases where his/her survivors select a survivors' pension for a public official who dies in the line of duty instead of a survivors' pension pursuant to Article 41 (4)).
(3) Where a person who was a public official dies before the payment of a retirement pension begins after his/her retirement or a recipient of a retirement pension or early retirement pension dies within three years from the month in which the payment of the pension begins, the additional payments to a survivors' pension shall be separately provided as well as the survivors' pension.
(4) Where a public official who has held office for at least ten years dies while holding office, a lump sum survivors' pension shall be paid in lieu of a survivors' pension and additional payments to a survivors' pension if a survivor of the public official wishes.
 Article 55 (Amounts of Survivors' Pension and Additional Payments to Survivors' Pension, etc.)
(1) The amount of a survivors' pension shall be 60 percent of the amount of a retirement pension or the amount of an early retirement pension a person who is or was a public official may receive: Provided, That where a person entitled to receive a retirement pension or early retirement pension dies before the point in time the payment of the relevant retirement pension begins (where he/she dies at the time the number of years less than the time exceeds five years, he/she shall be deemed to have died during the number of years less than the time which is neither less than four nor more than five years), the amount of a survivors' pension shall be 60 percent of the amount of an early retirement pension at the time of his/her death.
(2) The amount of an additional payment to a survivors' pension shall be 25 percent of the amount equivalent to the amount of a lump sum retirement pension at the time a public official dies.
(3) The amount of an additional payment to a survivors' pension shall be the amount obtained by multiplying a quarter of the amount equivalent to the amount of a lump sum retirement pension at the time a public official retires from office (where the public official selects a lump sum retirement pension after deductions, referring to a lump sum retirement pension corresponding to the period for which he/she selects the pension) by the following percentage:
[36 ? (the number of months for which he/she may receive a retirement pension or early retirement pension until he/she dies pursuant to Article 34 (1))] × 1/36
(4) Article 43 (5) and (7) shall apply mutatis mutandis with respect to the amount of a lump sum survivors' pension.
 Article 56 (Survivors' Pension Payable to Missing Persons)
Where a person entitled to receive a survivors' pension has been missing for at least one year, the pension corresponding to the period during which he/she has been missing may be paid to a person in the same order of priority at the request of the person in the same order of priority, and where no person in the same order of priority exists, the pension corresponding to the period during which he/she has been missing may be paid to a person in the order of lower priority at the request of the person in the order of lower priority.
 Article 57 (Loss and Transfer of Entitlement to Receive Survivors' Pension)
(1) Where a person entitled to receive a survivors' pension falls under any of the following, he/she shall lose such entitlement:
1. Where he/she dies;
2. Where he/she remarries (including cases where he/she is in a de facto conjugal relationship);
3. Where kinship with a person who was a public official and deceased is terminated;
4. Where a child or grandchild who does not have a disability prescribed by Presidential Decree reaches the age of 19;
5. Where a disability of a person who has received a survivors' pension due to such disability prescribed by Presidential Decree has been rehabilitated.
(2) Where a person in the same order of priority exists when the person entitled to receive a survivors' pension loses his/her entitlement, his/her entitlement shall be transferred to the person in the same order of priority, and where no person in the same order of priority exists, his/her entitlement shall be transferred to a person in the order of lower priority.
 Article 58 (Lump Sum Survivors' Pension)
(1) Where a public official dies after he/she has held office for less than ten years, a lump sum survivors' pension shall be paid to his/her survivors.
(2) Article 51 (2) and (3) shall apply mutatis mutandis with respect to a lump sum survivors' pension under paragraph (1).
SECTION 4 Disability Benefits for Reasons Other Than Official Duties
 Article 59 (Disability Pension or Disability Lump Sum Payment for Reasons other than Official Duties)
(1) Where a public official retires from office because he/she becomes disabled due to a disease or injury for reasons other than official duties or becomes disabled due to a disease or injury after he/she retires from office, a disability pension or lump sum disability payment for reasons other than official duties shall be paid according to the following disability ratings:
1. Grades 1 through 7: Disability pension for reasons other than official duties;
2. Not higher than Grade 8: Lump sum disability payment for reasons other than official duties.
(2) The amount of a disability pension for reasons other than official duties, to which ratings under paragraph (1) are assigned, shall be the amount obtained by multiplying the amount of standard monthly income by a percentage based on the following ratings:
1. Grades 1 and 2: 26 percent;
2. Grades 3 and 4: 22.75 percent;
3. Grades 5 through 7: 19.5 percent.
(3) The amount of a lump sum disability payment to which ratings under paragraph (1) 2 are assigned shall be 2.25 times the amount of standard monthly income.
(4) The classification of disability ratings under the subparagraphs of paragraph (1) shall be prescribed by Presidential Decree.
 Article 60 (Amendments, etc. to Ratings for Disability Pensions for Reasons Other Than Official Duties)
Articles 30 and 31 of the Public Officials’ Accident Compensation Act shall apply mutatis mutandis with respect to amendments to ratings for disability pensions for reasons other than official duties under Article 59, loss of entitlement to disability pensions for reasons other than official duties and how to assign disability ratings where a public official has at least two disabilities, respectively. In such cases, a "disability pension" shall be deemed a "disability pension for reasons other than official duties."
 Article 61 (Suspension of Payment of Disability Pension for Reasons Other Than Official Duties)
(1) Article 50 shall apply mutatis mutandis with respect to the suspension of payment of a disability pension for reasons other than official duties.
(2) Where a person in whose case the payment of a disability pension for reasons other than official duties is suspended pursuant to paragraph (1) retires from office again, the amount of a disability pension for reasons other than official duties shall be redetermined based on the amount of standard monthly income at the time he/she retires from office only in cases where he/she has a disability prescribed by Presidential Decree at the time he/she retires from office again.
(3) Where the amount of a disability pension for reasons other than official duties is redetermined pursuant to paragraph (2), such amount shall be a larger amount of the amount before the payment of a disability pension for reasons other than official duties is suspended pursuant to paragraph (1) and the amount redetermined pursuant to paragraph (2): Provided, That where ratings for disability pensions have been amended pursuant to Article 30 of the Public Officials’ Accident Compensation Act, the amount shall be that to which the amended ratings are applied.
SECTION 5 Retirement Allowance
 Article 62 (Retirement Allowance)
(1) Where a public official retires from office or dies after having held office for at least one year, a retirement allowance shall be paid.
(2) A retirement allowance under paragraph (1) shall be calculated in accordance with the following formula:
Length of service × Amount of standard monthly income × percentage prescribed by Presidential Decree
(3) Article 52 (1) and (5) shall apply mutatis mutandis with respect to the payment of a retirement allowance.
SECTION 6 Limitations on Benefits
 Article 63 (Limitations on Benefits Due to Willful Conduct, Gross Negligence, etc.)
(1) Where a person entitled to receive benefits under this Act intentionally causes a disease, injury or disability, the relevant benefits shall not be paid to him/her.
(2) Where a person entitled to receive survivors' benefits intentionally causes the death of a person who is or was a public official or a person who is receiving survivors' benefits, the survivors' benefits shall not be paid to such person. The foregoing shall also apply where a person entitled to receive survivors' benefits following the death of a person who is or was a public official intentionally causes the death of a person in the same order of priority or a person in the order of higher priority before such person who is or was a public official dies.
(3) Where a person entitled to receive benefits under this Act falls under any of the following, all or part of the relevant benefits may not be paid to him/her, as prescribed by Presidential Decree:
1. Where he/she intentionally aggravates a disease, injury or disability, or interferes with recovery therefrom;
2. Where he/she causes a disease, injury or disability, aggravates such disease, injury or disability or interferes with recovery therefrom by gross negligence or by failing to follow instructions concerning convalescent care without any justifiable reason.
 Article 64 (Limitations on Benefits in Cases of Refusing Diagnosis)
Where a person fails to receive diagnosis without any justifiable reason, in which case he/she should receive diagnosis for the payment of benefits under this Act, part of the relevant benefits may not be paid to him/her, as prescribed by Presidential Decree.
 Article 65 (Limitations on Benefits Due to Punishment, etc.)
(1) Where a person who is or was a public official falls under any of the following, partially reduced retirement benefits and retirement allowance shall be paid to him/her, as prescribed by Presidential Decree. In such cases, the amount of retirement benefits shall not be reduced below the amount calculated by adding interest under Article 379 of the Civil Act to the total amount of contributions paid already:
1. Where his/her sentence to imprisonment without labor or more severe punishment is confirmed for a reason arising during the period of his/her service (excluding cases where such reason arises due to negligence not related to his/her duties or due to negligence committed while complying with an order lawfully issued by his/her superior; hereafter the same shall apply in paragraph (3));
2. Where he/she is removed from office by impeachment or disciplinary action;
3. Where he/she is dismissed after receiving disciplinary action due to the acceptance of valuables and entertainments, or the embezzlement and misappropriation of public money.
(2) Where a reason to reduce benefits ceases to exist retroactively after partially reduced retirement benefits and retirement allowance have been paid because a person who is or was a public official falls under any of the subparagraphs of paragraph (1), the amount obtained by adding interest prescribed by Presidential Decree to the reduced amount shall be paid.
(3) Where an investigation or criminal trial is under way for committing a crime subject to imprisonment or more severe punishment for a reason arising during the period of service, the payment of part of retirement benefits (excluding benefits which are a pension) and retirement allowance may be suspended, as prescribed by Presidential Decree. In such cases, where such reason that limits benefits ceases to exist, the amount obtained by adding interest prescribed by Presidential Decree to the amount whose payment has been suspended shall be paid.
(4) Where a person who is or was a public official is sentenced to imprisonment without labor or more severe punishment for committing a crime under Chapters I and II of Part II of the Criminal Act, under Chapters I and II of Part II of the Military Criminal Act, and under the National Security Act (excluding Article 10) for reasons arising during the period of his/her service, and his/her sentence is confirmed, the amount obtained by adding interest under Article 379 of the Civil Act to the total amount of contributions already paid shall be returned, but benefits shall not be paid.
CHAPTER V DEFRAYING EXPENSES
 Article 66 (Principles of Defraying Expenses)
(1) Public officials and the State or a local government shall defray expenses incurred in providing retirement benefits, survivors' benefits, disability benefits for reasons other than official duties among the benefits under Article 28. In such cases, the State or a local government shall recalculate expenses incurred in providing retirement benefits and survivors' benefits at least once every five years in order to maintain financial balance.
(2) The State or a local government shall defray expenses incurred in paying retirement allowances among the benefits under Article 28.
(3) The State may grant subsidies to cover the expenses incurred in operating the GEPS.
 Article 67 (Contributions)
(1) A public official shall pay contributions on a monthly basis from the month in which the date on which he/she is appointed as a public official falls to the month in which the day preceding the date on which he/she retires from office or the date of his/her death falls: Provided, That the person who has paid contributions for over 36 years shall be exempted from the payment of contributions.
(2) The amount of contributions under paragraph (1) shall be nine percent of the amount of standard monthly income. In such cases, the amount of standard monthly income shall not exceed 160 percent of the average amount of standard monthly income of all public officials.
(3) A person in whose case the period of service is included in the length of service rendered as a public official under Article 25 (3) shall retroactively pay contributions in an amount equal to contributions for the period included in the length of service from the month following the month in which the date on which the GEPS approves the inclusion of the period of service in the length of service falls. In such cases, where the relevant public official retires from office or dies while retroactively paying contributions, the amount of contributions which should be retroactively paid shall be calculated based on the amount of standard monthly income at the time of his/her retirement or death and deduct the amount of such contributions from the relevant retirement benefits or survivor's benefits.
(4) In case under the former part of paragraph (3), where the relevant public official intends to pay contributions to be paid retroactively in a lump sum, he/she may pay contributions in a lump sum after calculating the amount of contributions to be retroactively paid based on the amount of contributions for the relevant months for which he/she intends to pay them.
 Article 68 (Collection of Contributions)
A person obligated to collect contributions shall collect contributions from monthly remuneration and pay them to the GEPS within three days from the date on which remuneration is paid.
 Article 69 (Collection of Contributions in Case of Transfer to Another Agency)
Where a public official is transferred to another agency, a person obligated to collect contributions in the agency to which he/she has belonged shall collect contributions for the month in which the date on which he/she is transferred to another agency falls.
 Article 70 (Management of Overpaid or Unpaid Contributions)
(1) Contributions overpaid or underpaid may be subtracted or added when the following contributions are collected.
(2) Basis for calculating contributions to be added or subtracted pursuant to paragraph (1) shall be prescribed by Presidential Decree.
 Article 71 (Pension Contributions and Compensatory Grants)
(1) The amount of contributions paid by the State or a local government pursuant to Article 66 (1) (hereinafter referred to as "pension contributions") shall be the amount equivalent to nine percent of the budget for remuneration prescribed by Presidential Decree in each fiscal year: Provided, That where the State or the local government cannot cover expenses incurred in providing retirement benefits and survivors' benefits among the benefits under Article 28 out of contributions and pension contributions, the State or the local government shall make up the deficit (hereinafter referred to as "compensatory grants"), as prescribed by Presidential Decree.
(2) The State or a local government shall pay the GEPS pension contributions and compensatory grants under paragraph (1) (hereafter referred to as "pension contributions, etc." in this Article) on a quarterly basis by January 31, April 30, July 31 and October 31.
(3) In cases falling under paragraph (2), pension contributions, etc. shall be calculated based on the first day of each quarter: Provided, That where the budget for remuneration is increased or decreased, it shall be adjusted when calculating pension contributions, etc. for the following quarter.
(4) The GEPS may directly collect pension contributions, etc. to be paid by a local government out of the grants-in-aids or other subsidies which the State grants to the local government.
(5) Where the GEPS collects pension contributions, etc. pursuant to paragraph (4), it may roughly estimate and collect them in advance. In such cases, it shall adjust them at the end of the following quarter.
(6) Where any overpaid or underpaid pension contributions, etc. exist, the difference shall be added or subtracted when pension contributions, etc. for the following quarter are paid.
(7) Where an overpaid or underpaid portion of pension contributions, etc. under paragraph (6) has not been adjusted when pension contributions, etc. for the following quarter are paid (including cases where the full amount of pension contributions, etc. is not paid to the GEPS within the relevant fiscal year), pension contributions, etc. shall be adjusted to the amount obtained by adding interest to the amount of an overpaid or underpaid portion of pension contributions, etc. which is principal, as prescribed by Presidential Decree.
(8) Where the Minister of Personnel Management deems it necessary to efficiently operate the public officials pension finance, he/she may appropriate funds transferred from the Public Official Pension Fund under Article 21 (1) 1 (d) for compensatory grants following deliberation by the Public Official Pension Management Committee.
 Article 72 (Accumulation of Legal Reserve)
The State and local governments shall accumulate a legal reserve in the Public Official Pension Fund within the budgetary limits to stabilize the public officials pension finance.
 Article 73 (Contributions to Retirement Allowance)
(1) Expenses incurred in paying retirement allowances (hereinafter referred to as "contributions to retirement allowances") by the State or a local government pursuant to Article 66 (2) shall be the amount calculated as prescribed by Presidential Decree.
(2) The State or a local government shall pay contributions to retirement allowances to the GEPS. In such cases, the provisions of Article 71 (2) through (7) shall apply mutatis mutandis with respect to the collection, etc. of contributions to retirement allowances: Provided, That where the amount paid by the State or a local government by the end of the relevant fiscal year is more than or less than expenses actually incurred, the amount shall be adjusted by January 31 of the following year, as prescribed by Presidential Decree, and where the amount is not adjusted by January 31 of the following year, the amount shall be adjusted plus interest, as prescribed by Presidential Decree.
 Article 74 (Transfer of Amount of Pension)
Where a recipient of a military pension under the Military Pension Act, retirement pension or early retirement pension under the Pension for Private School Teachers and Staff Act retires from office or dies after he/she has been appointed as a public official and has been permitted to have an aggregate length of service pursuant to Article 25 (2), the Minister of National Defense or the Korea Teachers Pension (hereinafter referred to as the "Korea Teachers Pension") under the Pension for Private School Teachers and Staff Act shall transfer to the GEPS the amount equivalent to the military pension, retirement pension, early retirement pension, or survivors' pension (including the amount he/she may receive pursuant to Article 33, an additional payment to survivors' pension and special additional payment to survivors' pension) which the retired person or his/her survivors (including a person entitled to receive benefits pursuant to Article 33) may receive under the Military Pension Act or the Pension for Private School Teachers and Staff Act. In such cases, the method for calculating the amount transferred, the deadline for transfer, etc. shall be prescribed by Presidential Decree.
 Article 75 (Student Loan Contributions)
(1) Among the public official welfare programs implemented by the GEPS pursuant to subparagraph 4 of Article 17, the State or a local government shall defray expenses incurred in providing student loans to public officials themselves and their children (hereinafter referred to as "student loans, etc.") and expenses incurred in operating student loans, etc. (hereinafter referred to as "student loan contributions"), as prescribed by Presidential Decree.
(2) The State or a local government shall pay student loan contributions under paragraph (1) to the GEPS on a semi-annual basis by January 31 and July 31. In such cases, Article 71 (6) and (7) shall apply mutatis mutandis with respect to the adjustment, etc. of the amount of overpaid or underpaid student loan contributions.
(3) Where the GEPS is unable to cover student loans, etc. out of student loan contributions paid by the State or local governments, it may take out a temporary loan for such shortage from the Public Official Pension Fund. In such cases, the State or a local government shall pay interest on the amount of such temporary loan to the GEPS by the end of the following fiscal year, as prescribed by Presidential Decree.
CHAPTER VI PUBLIC OFFICIAL PENSION FUND
 Article 76 (Establishment and Creation of Public Official Pension Fund)
(1) The Public Official Pension Fund (hereinafter referred to as the "Fund") shall be established as a legal reserve to appropriate for benefits under this Act.
(2) The Fund shall be created with accumulations, the surplus fund after the closing of accounts and proceeds earned from the operation of the Fund estimated in the budget in each fiscal year.
 Article 77 (Management and Operation of Fund)
(1) The GEPS shall manage and operate the Fund.
(2) The GEPS shall operate the Fund through any of the following methods:
1. Acquiring assets for the increase in the Fund and the welfare of public officials;
2. Depositing funds in a financial company;
3. Depositing funds in the Finance Fund;
4. Purchasing securities directly issued by the State, a local government or financial company or those securities the redemption of which is guaranteed by it;
5. Providing loans to pubic officials and persons entitled to receive a public official pension;
6. Other programs to increase the Fund or welfare programs for public officials prescribed by Presidential Decree.
(3) The GEPS shall obtain approval with respect to important matters concerning the operation of the Fund from the Minister of Personnel Management in advance.
 Article 78 (Funding and Investment in Fund)
(1) The GEPS may provide the Fund for welfare programs for public officials following deliberation by the Public Official Pension Management Committee under Article 79.
(2) The GEPS may invest the Fund following deliberation by the Public Official Pension Management Committee under Article 79 in order to perform the following services among welfare programs for public officials under Article 77 (2) 6:
1. Sports facility business under subparagraph 2 of Article 2 of the Installation and Utilization of Sports Facilities Act;
2. Tourist lodging business under Article 3 (1) 2 of the Tourism Promotion Act and amusement facility business under subparagraph 6 of the aforesaid Article;
3. Establishment and operation of a funeral facility under subparagraph 15 of Article 2 of the Act on Funeral Services, Etc.
 Article 79 (Public Official Pension Management Committee)
(1) In order to deliberate on the following matters concerning the public officials pension, the Public Official Pension Management Committee (hereinafter referred to as the "Management Committee") shall be established in the Ministry of Personnel Management:
1. Matters concerning the public officials pension system;
2. Matters concerning the accounting of the public officials pension;
3. Matters concerning the Fund management plan and the closing of accounts;
4. Matters concerning welfare programs for public officials by the Fund;
5. Matters concerning funding and investment of the Fund;
6. Other matters which the Minister of Personnel Management deems necessary for the management of the public officials pension.
(2) The Management Committee shall be comprised of neither less than 15 nor more than 20 members, including the chairperson.
(3) The Minister of Personnel Management shall assume the chairmanship of the Management Committee.
(4) The Minister of Personnel Management shall appoint or commission members of the Management Committee from among the following persons:
1. Public officials of central administrative agencies related to affairs concerning public officials pension and welfare or compensation for accidents;
2. Public officials belonging to an organization of public officials;
3. Recipients of a retirement pension;
4. Those who belong to a nonprofit, non-governmental organization under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
5. Persons who have extensive knowledge of and experience in administering the public officials pension.
(5) Members of the Management Committee who are not public officials shall be deemed public officials when the provisions of Articles 129 through 132 of the Criminal Act apply.
(6) Necessary matters concerning the organization and operation of the Management Committee shall be prescribed by Presidential Decree.
 Article 80 (Borrowing Funds from Fund and Making up Deficit by Drawing Money from Fund)
(1) Where the GEPS runs short of funds necessary to provide benefits in each fiscal year, the GEPS may take out a temporary loan from the Fund.
(2) A temporary loan under paragraph (1) shall be repaid within the relevant fiscal year.
(3) Where expenditures on benefits in each fiscal year exceed revenues, the GEPS may make up the deficit by drawing money from the Fund.
 Article 81 (Public Announcement of Fund Operation)
The Minister of Personnel Management shall publicly announce the closing of accounts of the Fund for each fiscal year, as prescribed by Presidential Decree.
 Article 82 (Interest Rate of Fund)
An interest rate on the operation of the Fund shall be prescribed by Presidential Decree.
CHAPTER VII WELFARE, ETC. OF PUBLIC OFFICIALS
 Article 83 (Welfare of Public Officials)
(1) The Minister of Personnel management may formulate and implement necessary policies concerning the welfare of public officials in order to improve the quality of life of public officials and to raise the morale thereof.
(2) Matters necessary to formulate and implement policies under paragraph (1) shall be prescribed by Presidential Decree.
 Article 84 (Support for Public Officials' Activities to Contribute to Society)
(1) The Minister of Personnel Management may devise related policies so that retired public officials may contribute to society by utilizing their experiences and specialties.
(2) In order to deliberate on important matters related to policies under paragraph (1), the committee for the promotion of retired public officials' contribution to society may be established in the Ministry of Personnel Management, and matters concerning the composition and operation of the committee shall be prescribed by Presidential Decree.
(3) Where necessary in relation to the formulation and implementation of policies under paragraph (1), the Minister of Personnel Management may request related government offices or agencies to provide data prescribed by Presidential Decree. In such cases, related government offices, etc. shall comply with such request unless there is a special reason for doing otherwise.
(4) In addition to matters provided in paragraphs (1) through (3), matters necessary for retired public officials' activities to contribute to society shall be prescribed by Presidential Decree.
 Article 85 (Welfare of Retired Public Officials)
The Minister of Personnel Management shall devise necessary measures for programs prescribed by Presidential Decree, such as the establishment and operation of the Retired Public Officials Benefit Society and the operation of cash assets of retired public officials, for the welfare of retired public officials.
 Article 86 (Entrustment of Programs)
Where necessary to efficiently implement matters under Articles 83 through 85, the Minister of Personnel Management may fully or partially entrust programs to the GEPS. In such cases, he/she may grant subsidies to cover some of the expenses incurred in implementing programs within the budgetary limits.
CHAPTER VIII REQUEST FOR EXAMINATION
 Article 87 (Request for Examination)
(1) Any person who has an objection to a decision about benefits, the collection of contributions or other benefits under this Act may request the Public Officials' Accident Compensation Pension Committee under Article 52 of the Public Officials' Accident Compensation Act to conduct an examination, as prescribed by Presidential Decree.
(2) A request for examination under paragraph (1) shall be filed within 180 days from the date on which a decision about benefits is made or within 90 days from the date on which he/she becomes aware that such decision has been made: Provided, That the foregoing shall not apply where he/she proves that he/she is unable to file a request for examination within that period because he/she has a justifiable reason.
(3) No person shall fie an administrative appeal under the Administrative Appeals Act concerning decisions about benefits, the collection of contributions and other benefits under this Act.
CHAPTER IX SUPPLEMENTARY PROVISIONS
 Article 88 (Prescription)
(1) If the right to receive benefits under this Act is not exercised for five years from the date on which a reason to provide benefits arises, the right to receive benefits shall be extinguished due to prescription.
(2) If the right to receive a refund for contributions erroneously paid is not exercised for five years from the date on which the payment of retirement benefits or survivors' benefits is determined, the right to receive a refund shall be extinguished due to prescription.
(3) If the GEPS fails to exercise the right to collect or withdraw contributions, money to be recovered, money to be collected, etc. under this Act for five years from the date on which a reason for the collection or withdrawal thereof arises, the right to collect or withdraw contributions, etc. shall be extinguished due to prescription.
(4) A payment notice and reminder notice of contributions, money to be withdrawn, money to be collected, etc. under this Act, and a claim for the payment of benefits or for the refund of the overpaid amount under this Act shall have the effect of interruption of extinctive prescription.
(5) Extinctive prescription interrupted pursuant to paragraph (4) shall resume from the time the payment period based on the payment notice or the reminder notice has elapsed.
 Article 89 (Period of Effectuation)
When calculating the period concerning a claim for benefits, a request for examination or filing a report, etc. under this Act, in which case documents therefor have been sent by mail, the number of days taken for delivery by mail shall not be included in the period.
 Article 90 (Confirmation by Heads of Agencies)
(1) The head of an agency shall examine and confirm the personal records necessary for the existence of any ground for benefits, payment of contributions, and calculation of the length of service, and other personal matters of a present or former public official under this Act.
(2) Where it is necessary to conduct affairs concerning confirmation under paragraph (1), the head of an agency may request a person who is or was a public official or other related persons to submit data or present their opinions.
 Article 91 (Responsibilities of Persons Liable to Collect Contributions)
Where a person liable to collect contributions inflicts losses on the GEPS because he/she has failed to collect contributions intentionally or by gross negligence while performing his/her duties, he/she shall compensate such losses.
 Article 92 (Authority of Minister of Personnel Management)
(1) When the Minister of Personnel Management deems it necessary for the proper operation of benefits under this Act and the pension system, he/she may request the heads of agencies dealing with pensions and long-term care facilities, and other related persons to follow the instructions below:
1. To file necessary reports;
2. To present books, documents and other things;
3. To attend certain places, and to provide opinions or to provide explanations.
(2) Where the Minister of Personnel Management deems it necessary to appropriately operate benefits under this Act, he/she may require a public official under his/her jurisdiction or the GEPS to have access to a related place and to inspect books, documents or other objects.
(3) Where the relevant public official or an employee of the GEPS conducts an inspection pursuant to paragraph (1), he/she shall carry an identity document indicating his/her authority and present it to the relevant persons.
 Article 93 (Authority, etc. of the GEPS)
(1) In order to appropriately operate benefits under this Act, the GEPS may require persons entitled to receive benefits, the heads of agencies dealing with pensions, the heads of long-term care facilities, and other persons related to benefits to notify necessary matters or to submit related documents.
(2) Where necessary in relation to benefits under this Act, the GEPS may require its employees to have access to a relevant place, to inspect documents or to ask the relevant persons necessary questions. In such cases, an employee of the GEPS who has access to the relevant place, conducts an inspection or asks questions shall carry an identity document indicating his/her authority and present it to the relevant persons.
(3) The GEPS may request State agencies, local governments, the Korea Teachers Pension, the National Pension Service (hereinafter referred to as the "National Pension Service") under the National Pension Act, and the heads of institutions, corporations and organizations prescribed by Presidential Decree to provide data concerning resident registration, family relation registration, national taxes, local taxes, land, buildings, health insurance, registration of persons with disabilities and other data prescribed by Presidential Decree, which are necessary in relation to public official pension programs, such as the survey of income, etc., determination and payment of benefits, withdrawal of benefits, student loans under Article 50. In such cases, State agencies, local governments, the Korea Teachers Pension, the National Pension Service or the heads of institutions, corporation or organizations shall comply with such request unless there is a special reason for doing otherwise.
(4) The GEPS shall be exempted from user fees, handling fees, etc. with respect to data it has received pursuant to paragraph (3).
(5) In case under paragraph (1), where a person entitled to receive benefits fails to comply with the GEPS' request without justifiable grounds, the payment of benefits may be suspended until he/she complies therewith.
 Article 94 (Special Cases concerning Defrayment of Expenses)
Expenses incurred in providing benefits accrued due to a war or incident shall be defrayed by the State to the extent of the amount which exceeds the contributions, pension contributions and proceeds earned from the operation of the Fund for the relevant year.
CHAPTER X PENALTY PROVISIONS
 Article 95 (Administrative Fines)
(1) Where an executive officer or employee of the GEPS violates measures under Article 19 (3), or refuses, hinders or avoids an inspection, an administrative fine not exceeding one million won shall be imposed on him/her.
(2) An administrative fine not exceeding 300,000 won shall be imposed on any of the following persons:
1. A person who fails to take measures under the subparagraphs of Article 92 (1) or takes the relevant measures falsely;
2. A person who refuses, hinders or avoids an inspection under Article 92 (2).
(3) The Minister of Personnel Management shall impose and collect administrative fines under paragraphs (1) and (2).
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Special Cases concerning Recipients of Benefits)
The amended provisions of Article 33 shall apply starting with the person who meets requirements under the relevant amended provisions where a person who is or was a public official dies after November 5, 2011, which is the enforcement date of Article 30 of the Public Officials Pension Act (No. 10984).
Article 3 (Applicability to Adjustment to Benefits under Other Statutes)
The amended provisions of Article 41 (3) through (6) shall apply starting with the person in whose case a reason to provide benefits arises after this Act enters into force.
Article 4 (Applicability to Payment of and Prior Claim for Split Pension)
(1) The amended provisions of Articles 45 through 48 (excluding the criteria for recognizing the marriage period under the amended provisions of Article 45 (1) and (4)) shall apply starting with the person who divorces his/her spouse after January 1, 2016. In such cases, the marriage period eligible for the payment of the amount of a split pension shall include the marriage period during which a person who is or was his/her spouse held office as a public official before January 1, 2016.
(2) Where a person who meets requirements under the amended provisions of Article 45 (1) 1 and 2 reaches the age determined by years provided in the following subparagraphs, notwithstanding the amended provision of Article 45 (1) 3, he/she may receive a split pension:
1. From 2016 to 2021: The age of 60;
2. From 2022 to 2023: The age of 61;
3. From 2024 to 2026: The age of 62;
4. From 2027 to 2029: The age of 63;
5. From 2030 to 2032: The age of 64.
(3) The amended provisions of Article 49 shall also apply where a person who divorces his/her spouse during the period between January 1, 2016 and the enforcement date of this Act files a claim or prior claim for the spilt payment of a lump sum retirement pension, lump sum retirement pension after deductions or lump sum payment on retirement after this Act enters into force. In such cases, the marriage period eligible for the split thereof shall include the marriage period in the period during which a person who is or was his/her spouse held office as a public official.
Article 5 (Applicability to Alteration of Criteria for Recognizing Marriage Period)
The criteria for recognizing the marriage period under the amended provisions of Article 45 (1) and (4) shall apply beginning with the cases where the first reason to pay a split pension arises after this Act enters into force.
Article 6 (Special Cases concerning Payment of Benefits and Interest Following Non-Existence of Reasons to Impose Limitations on Benefits)
The amended provision of Article 65 (2) shall also apply to a person in whose case a reason to impose limitations on benefits cease to exist retroactively before this Act enters into force. In such cases, notwithstanding the amended provisions of Article 88, where five years elapse after this Act enters into force, he/she shall not claim the payment of the amount under the amended provision of Article 65 (2).
Article 7 (Special Cases concerning Public Officials Reappointed on Retirement Date or Day after Retirement Date)
Where a person who was reappointed on the retirement date or the day after the retirement date before January 1, 1996 and who received retirement benefits and retirement allowance corresponding to the length of service before his/her reappointment, returned the former retirement benefits and retirement allowance (including cases where he/she expressed his/her intention of returning them by June 30, 1996 and return them in installments by applying the former Article 24 (3) mutatis mutandis) by June 30, 1996, notwithstanding the amended provision of Article 3 (1) 3, he/she shall be deemed to have held office continuously.
Article 8 (Special Cases concerning Application of Amount of Standard Monthly Income)
The amount of standard monthly income for the calculation of benefits under the amended provision of Article 3 (1) 5 of the Public Officials Pension Act (No. 9905) for the length of service after January 1, 2010 shall be the amount obtained by multiplying the amount of standard monthly income by a rate prescribed by Presidential Decree for each length of service, notwithstanding the amended provision of Article 3 (1) 5 of the aforesaid Act: Provided, That where there is a change in the length of service because the length of service and the period of service before January 1, 2010 are included in the period aggregated pursuant to Article 23 (2) of the Act after January 1, 2010, the amount of standard monthly income shall be recalculated based on the changed length of service.
Article 9 (Special Cases concerning Aggregate Length of Service)
Where a public official has been permitted to have an aggregate length of service pursuant to Article 4 (1) of the Addenda to the Public Officials Pension Act (No. 9905), notwithstanding the amended provisions of Article 25, the GEPS shall pay only a retirement pension or early retirement pension corresponding to 20 years of his/her length of service and a lump sum retirement pension after deductions for his/her length of service exceeding 20 years.
Article 10 (Special Cases concerning Adjustment of Amount of Pension)
The amended provisions of Article 35 shall not apply from the enforcement date of this Act to December 31, 2020. In such cases, the foregoing shall also apply to the aggregate retirement pensions under the Act on Aggregation of National Pension and Occupational Pensions.
Article 11 (Special Cases concerning Payment of Retirement Pension to Persons Appointed Prior to December 31, 2009)
(1) Where a public official appointed during the period between January 1, 1996 and December 31, 2009 (including a person who has been permitted to have an aggregate length of service as a public official and the period of service as a member of the Republic of Korea Armed Forces and private school teacher and employee during the period between January 1, 1996 and December 31, 2009, who is a public official appointed after January 1, 2010; hereafter the same shall apply in paragraph (2)), who holds office as of January 1, 2016, retires from office after January 1, 2016, notwithstanding the amended provision of Article 43 (1) 1 and Article 7 (3) of the Addenda to the Public Officials Pension Act (No. 9905), his/her retirement pension shall be paid from the time he/she reaches the relevant age prescribed by the following years of retirement (referring to the year in which the day preceding the date on which he/she retires from office falls or the year in which the date on which he/she dies falls; hereafter the same shall apply in paragraph (2)):
1. From 2016 to 2021: The age of 60;
2. From 2022 to 2023: The age of 61;
3. From 2024 to 2026: The age of 62;
4. From 2027 to 2029: The age of 63;
5. From 2030 to 2032: The age of 64;
6. From 2033: The age of 65.
(2) Notwithstanding paragraph (1), where a public official appointed during the period between January 1, 1996 and December 31, 2009 retires from office pursuant to the amended provisions of Article 43 (1) 2 through 4 (hereinafter referred to as "reason for retirement"), his/her retirement pension shall be paid from the time he/she reaches the relevant age prescribed by the following years of retirement: Provided, That where he/she first reaches the age under paragraph (1), his/her retirement pension shall be paid from the time he/she reaches the relevant age:
1. From 2016 to 2021: Where a reason for retirement arises;
2. From 2022 to 2023: Where one year elapses from the date on which a reason for retirement arises;
3. From 2024 to 2026: Where two years elapse from the date on which a reason for retirement arises;
4. From 2027 to 2029: Where three years elapse from the date on which a reason for retirement arises;
5. From 2030 to 2032: Where four years elapse from the date on which a reason for retirement arises;
6. From 2033: Where five years elapse from the date on which a reason for retirement arises.
(3) Where a public official retires from office after having held office for at least ten years, notwithstanding the amended provision of Article 43 (2), Article 10 (4) of the Addenda to the Public Officials Pension Act (No. 6328) and Article 7 (3) of the Addenda to the Public Officials Pension Act (No. 9905), an early retirement pension may be paid by applying the number of years less than the relevant age provided in the subparagraphs of paragraphs (1) and (2) as he/she pleases.
(4) Notwithstanding paragraph (1), Article 10 (1) through (5) of the Addenda to the Public Officials Pension Act (No. 6328) shall first apply with respect to public officials who hold office (referring to public officials who have been permitted to have an aggregate length of service as a public official and the period of service as a member of the Republic of Korea Armed Forces and a private school teacher and employee before December 31, 1995, and who were appointed before December 31, 1995 or appointed after January 1, 1996) as at the time the Public Officials Pension Act (No. 6328) enters into force.
Article 12 (Special Cases concerning Payment of Retirement Pension to Persons Appointed after January 1, 2010)
Notwithstanding the amended provisions of Article 43 and the amended provisions of Article 46 of the Public Officials Pension Act (No. 9905), Article 11 (1) through (3) of the Addenda to this Act shall apply mutatis mutandis to public officials appointed after January 1, 2010.
Article 13 (Special Cases concerning Calculation of Amount of Pension)
(1) Notwithstanding the amended provisions of Article 43 (4), the amount of retirement pension from 2016 to 2034 shall be the amount obtained by multiplying the amount of standard monthly income by a percentage of the following relevant year:
1. 2016: 1.878 percent;
2. 2017: 1.856 percent;
3. 2018: 1.834 percent;
4. 2019: 1.812 percent;
5. 2020: 1.79 percent;
6. 2021: 1.78 percent;
7. 2022: 1.77 percent;
8. 2023: 1.76 percent;
9. 2024: 1.75 percent;
10. 2025: 1.74 percent;
11. 2026: 1.736 percent;
12. 2027: 1.732 percent;
13. 2028: 1.728 percent;
14. 2029: 1.724 percent;
15. 2030: 1.72 percent;
16. 2031: 1.716 percent;
17. 2032: 1.712 percent;
18. 2033: 1.708 percent;
19. 2034: 1.704 percent.
(2) Where the amount of pension for the length of service after January 1, 2016 is calculated, notwithstanding the amended provisions of paragraph (1) and Article 43 (4), one percent of the numerical value to be multiplied by the average amount of standard monthly income per annum of the length of service shall be based on the amount obtained by multiplying the average amount of standard monthly income by the following percentage: Provided, That the foregoing shall not apply to the length of service exceeding 30 years:
Interval for percentage of average amount of standard monthly income compared to average amount of standard monthly income of all public officials for three years before retirement (referring to the amount prescribed in Article 27 (2) 1 of the Public Officials Pension Act (No. 13387))Applicable percentage (%)
Less than 0.3300
Not less than 0.3 or less than 0.4216.67
Not less than 0.4 or less than 0.5175
Not less than 0.5 or less than 0.6150
Not less than 0.6 or less than 0.7133.33
Not less than 0.7 or less than 0.8121.43
Not less than 0.8 or less than 0.9112.5
Not less than 0.9 or less than 1.0105.56
Not less than 1.0 or less than 1.1100
Not less than 1.1 or less than 1.295.45
Not less than 1.2 or less than 1.391.67
Not less than 1.3 or less than 1.488.46
Not less than 1.4 or less than 1.585.71
Not less than 1.5 or less than 1.683.33
Not less than 1.681.25
(3) Where the period of service before appointment is included in the length of service pursuant to the former Article 23 (3) and the amended provisions of Article 25 (3) of this Act during the years under the subparagraphs of paragraph (1), the amount of retirement pension for the period of service shall be the amount obtained by multiplying the average amount of standard monthly income by a percentage corresponding to the years included in the period of service.
(4) Where the amount of retirement pension calculated pursuant to the amended provisions of Article 43 (4) and paragraphs (1) and (2) of this Article is larger than the amount of money calculated pursuant to Article 46 (4) (hereafter referred to as "former provisions" in this paragraph) before amended by Act No. 13387 when the amount of benefits for the length of service after January 1, 2016 is calculated, notwithstanding the amended provisions of Article 43 (4) and paragraphs (1) and (2) of this Article, the former provisions shall apply thereto.
Article 14 (Transitional Measures concerning Benefits and Recipients of Benefits)
Benefits mentioned in the left columns of the following table and the recipients of the relevant benefits as at the time this Act enters into force shall be deemed benefits mentioned in the right columns of the same table and the recipients of the relevant benefits, respectively:
Retirement benefits under the former provision of subparagraph 1 of Article 42Retirement benefits under the amended provision of subparagraph 1 of Article 28
Retirement pension under the former provision of subparagraph 1 (a) of Article 42Retirement pension under the amended provision of subparagraph 1 (a) of Article 28
Lump sum retirement pension under the former provision of subparagraph 1 (b) of Article 42Lump sum retirement pension under the amended provision of subparagraph 1 (b) of Article 28
Lump sum retirement pension after deductions under the former provision of subparagraph 1 (c) of Article 42Lump sum retirement pension after deductions under the amended provision of subparagraph 1 (c) of Article 28
Lump sum payment on retirement under the former provision of subparagraph 1 (d) of Article 42Lump sum payment on retirement under the amended provision of subparagraph 1 (d) of Article 28
Survivors' benefits under the former provision of subparagraph 3 of Article 42 (excluding benefits under items (f) through (h) of the aforesaid subparagraph)Survivors' benefits under the amended provision of subparagraph 2 of Article 28
Survivors' pension under the former provisions of subparagraph 3 (a) of Article 42 and Article 56 (1) 1Survivors' pension under the amended provision of subparagraph 2 (a) of Article 28
Additional payments to survivors' pension under the former provision of subparagraph 3 (b) of Article 42Additional payments to survivors' pension under the amended provision of subparagraph 2 (b) of Article 28
Special additional payments to survivors' pension under the former provision of subparagraph 3 (c) of Article 42Special additional payments to survivors' pension under the amended provision of subparagraph 2 (c) of Article 28
Lump sum survivors' pension under the former provision of subparagraph 3 (d) of Article 42Lump sum survivors' pension under the amended provision of subparagraph 2 (d) of Article 28
Lump sum payment for survivors under the former provision of subparagraph 3 (e) of Article 42Lump sum payment for survivors under the amended provision of subparagraph 2 (e) of Article 28
Disability benefits under subparagraph 2 of Article 51 of the former provision of subparagraph 2 of Article 42Disability benefits for reasons other than official duties under the amended provision of subparagraph 3 of Article 28
Disability pension under subparagraph 2 of Article 51 of the former provision of subparagraph 2 (a) of Article 42Disability pension for reasons other than official duties under the amended provision of subparagraph 3 (a) of Article 28
Compensation for disability under subparagraph 2 of Article 51 of the former provision of subparagraph 2 (b) of Article 42Lump sum payment for disability for reasons other than official duties under the amended provision of subparagraph 3 (b) of Article 28
Retirement allowance under the former provision of subparagraph 4 of Article 42Retirement allowance under the amended provision of subparagraph 4 of Article 28
Article 15 (Transitional Measures concerning Occurrence of Reasons for Providing Benefits)
(1) The former provisions shall apply with respect to benefits for a person in whose case a reason to provide benefits arises before this Act enters into force.
(2) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (No. 3586) shall apply with respect to benefits for a person in whose case a reason to provide benefits arose before January 1, 1983 which is the enforcement date of the aforesaid Act.
(3) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (No. 3735) shall apply with respect to benefits for a person in whose case a reason to provide benefits arose before January 1, 1985 which is the enforcement date of the aforesaid Act.
(4) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (No. 3964) shall apply with respect to benefits for a person in whose case a reason to provide benefits arose before January 1, 1988 which is the enforcement date of the aforesaid Act: Provided, That the provisions of the aforesaid Act shall apply to survivors' pensions under Article 57 (1) of the aforesaid Act.
(5) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (No. 4033) shall apply with respect to benefits for a person in whose case a reason to provide benefits arose before December 29, 1988 which is the enforcement date of the aforesaid Act.
(6) Notwithstanding paragraph (5), the amended provision of subparagraph 1 of Article 47 of the Public Officials Pension Act (No. 4033) shall apply with respect to a pension a beneficiary entitled to receive the pension before the enforcement of the aforesaid Act receives after the aforesaid Act enters into force: Provided, That where the beneficiary entitled to receive the pension who holds office in an educational institution under Article 3 of the former Pension for Private School Teachers and Staff Act (referring to the aforesaid Act prior to being amended by Act No. 4035) before the Public Officials Pension Act (No. 4033) enters into force fails to be permitted to have an aggregate length of service under Article 32 (1) of the Pension for Private School Teachers and Staff Act, the former Pension for Private School Teachers and Staff Act shall apply to such beneficiary.
(7) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (No. 4334) shall apply with respect to benefits for a person in whose case a reason to provide benefits arose before October 1, 1991 which is the enforcement date of the aforesaid Act.
(8) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (No. 5117) shall apply with respect to benefits for a person in whose case a reason to provide benefits arose before January 1, 1996 [referring to January 1, 2000 in case under the amended provisions of Article 47 (including cases where the aforesaid Article is applied mutatis mutandis in Article 55 (1)) of the aforesaid Act] which is the enforcement date of the aforesaid Act.
(9) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (No. 6328) shall apply with respect to benefits for a person in whose case a reason to provide benefits arose before January 1, 2001 [referring to January 1, 2002 in case under the amended provisions of Articles 26 (1), 38, 63, 69 (8) and 69-3 of the aforesaid Act, and July 1, 2005 in case under the amended provisions of Article 47 (including cases where the aforesaid Article is applied mutatis mutandis in Article 55 (1) of the aforesaid Act) of the aforesaid Act] which is the enforcement date of the aforesaid Act.
(10) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (No. 7543) shall apply with respect to benefits for a person in whose case a reason to provide benefits arose before July 1, 2005 which is the enforcement date of the aforesaid Act: Provided, That the amended provisions of Article 47 (including cases where the aforesaid Article is applied mutatis mutandis in Article 55 (1) of the aforesaid Act ) of the aforesaid Act shall also apply to a person in whose case a reason to provide benefits arose before July 1, 2005 which is the enforcement date of the aforesaid provisions.
(11) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (No. 9905) shall apply with respect to the payment of benefits in which case a reason to provide benefits arose before January 1, 2010 which is the enforcement date of the aforesaid Act: Provided, That the amended provisions of Article 47 (2) of the aforesaid Act shall also apply to a person in whose case a reason to provide benefits arose before January 1, 2010 which is the enforcement date of the aforesaid Act.
(12) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (No. 9905) shall apply with respect to the payment of benefits corresponding to the length of service (including the length of service and the period of service before January 1, 2010 which is the enforcement date of the aforesaid Act of the period aggregated pursuant to Article 23 (2) of the Act after the enforcement date of the aforesaid Act; hereafter referred to as "previous period" in paragraph (14)) before January 1, 2010 which is the enforcement date of the aforesaid Act.
(13) The average amount of standard monthly income under the amended provision of Article 3 (1) 6 of the Public Officials Pension Act (No. 9905) shall be calculated based on the length of service after the enforcement date of the aforesaid Act.
(14) The amount of benefits for the previous period under paragraph (12) shall be calculated in accordance with the following methods:
1. The amount of monthly remuneration or the average amount of monthly remuneration which forms the basis for calculating benefits shall be the amount obtained by converting the amount of monthly remuneration for the month in which the day preceding the enforcement date of the Public Officials Pension Act (No. 9905) falls or the average amount of monthly remuneration calculated based on the month in which the day preceding the enforcement date of the aforesaid Act falls into the present value at the point in time at which the date on which a reason to provide benefits arises falls, as prescribed by Presidential Decree: Provided, That the average amount of monthly remuneration which forms the basis for calculating a retirement pension or early retirement pension under Article 46 (1) and (2) prior to being amended by the aforesaid Act and survivors' pension (excluding cases where a person who was a public official dies while receiving a retirement pension or early retirement pension and his/her survivors receive a survivors' pension) under Article 56 (1) 1 prior to being amended by the aforesaid Act shall be the amount converted pursuant to the amended provision of the proviso to Article 3 (1) 6 of the aforesaid Act;
2. Where the previous period is not more than 20 years, the amount of pension for the previous period shall be the amount obtained by multiplying the average amount of monthly remuneration under subparagraph 1 by 25/1,000 for each year of the length of service;
3. Where the previous period exceeds 20 years, the amount of pension for the previous period shall be the amount obtained by adding the amount equivalent to 20/1,000 of the average amount of monthly remuneration under subparagraph 1 for each year of the length of service exceeding 20 years to the amount equivalent to 500/1,000 of the average amount of monthly remuneration under subparagraph 1. In such cases, the amount of the retirement pension for the previous period shall not exceed 760/1,000 of the average amount of monthly remuneration under subparagraph 1.
(15) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (No. 13387) shall apply to the payment of benefits in which case a reason for payment arose before January 1, 2016 which is the enforcement date of the aforesaid Act: Provided, That the amended provisions of Article 47 of the aforesaid Act and Article 5 of the Addenda to the aforesaid Act shall also apply with respect to a person in whose case a reason to provide benefits arose before January 1, 2016.
(16) Notwithstanding paragraph (1), the provisions prior to being amended by the Public Officials Pension Act (No. 13387) shall apply to the payment of benefits corresponding to the length of service (the length of service before January 1, 2016 which is the enforcement date of the aforesaid Act shall be included in the period aggregated pursuant to Article 23 (2) of the Act after January 1, 2016 which is the enforcement date of the aforesaid Act) before January 1, 2016 which is the enforcement date of the aforesaid Act.
Article 16 (General Transitional Measures concerning Disposition, etc.)
Acts done by the former Minister of Personnel Management, the GEPS and the Public Officials Pension Benefits Reexamination Committee (hereafter referred to as the "Minister of Personnel Management, etc." in this Article) or acts (including acts done by the former Public Officials Pension Benefits Examination Committee or acts done against the aforesaid Committee before January 1, 1985 which is the enforcement date of the Public Officials Pension Act (No. 3735)) done against the Minister of Personnel Management, etc. shall be deemed acts done by the Minister of Personnel Management, the GEPS and the Public Officials' Accident Compensation Pension Committee under Article 52 of the Public Officials' Accident Compensation Act or acts done against the Minister of Personnel Management, the GEPS and the Public Officials' Accident Compensation Pension Committee under Article 52 of the Public Officials' Accident Compensation Act pursuant to this Act.
Article 17 (Transitional Measures concerning Range of Survivors)
Notwithstanding the amended provision of Article 3 (1) 2, the provisions prior to being amended by the Public Officials Pension Act (No. 5117) shall apply with respect to the spouse whom a public official married, children (including an embryo or fetus as of December 31, 1995) born or adopted before January 1, 1996 (referring to January 1, 2000 under the amended provisions of Article 47 of the aforesaid Act) which is the enforcement date of the aforesaid Act after the public official retired from office before December 31, 1995, parents, grand children (including an embryo or fetus as of December 31, 1995) and grandparents.
Article 18 (Transitional Measures concerning Legal Fiction as Public Officials When Penalty Provisions Apply)
When penalty provisions apply with respect to acts done by executive officers and employees of the GEPS before January 1, 2010, notwithstanding the amended provisions of Article 16, the former Public Officials Pension Act (referring to the aforesaid Act before amended by Act No. 9905) shall apply thereto.
Article 19 (Transitional Measures concerning Calculation of Length of Service to Calculate Retirement Allowance)
(1) The amended provisions of Article 25 shall apply beginning with the cases where the first retirement allowance is calculated and paid after this Act enters into force.
(2) Notwithstanding paragraph (1), Articles 23 (4) and (5) of the former Public Officials Pension Act (referring to the aforesaid Act before amended by Act No. 4334) shall not apply to the payment of a retirement pension to a person who holds office as of October 1, 1991 which is the enforcement date of the Public Officials Pension Act (No. 4334): Provided, That the GEPS shall reduce by half the period of absence [excluding the period of absence for reasons under the subparagraphs of Article 23 (5) of the former Public Officials Pension Act (referring to the aforesaid Act before amended by Act No. 4334)], the period of removal from position and the period of suspension from office after October 1, 1991, respectively.
(3) Notwithstanding paragraph (1), the amended provision of Article 23 (5) 3-3 of the Public Officials Pension Act (No. 8245) shall apply starting with the first leave of absence for which an application is filed after January 19, 2007 which is the enforcement date of the aforesaid Act.
(4) Notwithstanding paragraph (1), the amended provisions of Article 23 (5) 4 and (6) of the Public Officials Pension Act (No. 9905) shall apply beginning with the cases where the first retirement allowance is calculated and paid after January 1, 2010 which is the enforcement date of the aforesaid Act.
(5) Notwithstanding paragraph (1), the amended provisions of Article 23 (5) 3 of the Public Officials Pension Act (No. 10984) shall apply beginning with the cases where the first retirement allowance is calculated and paid after August 4, 2011 which is the enforcement date of the aforesaid Act.
Article 20 (Transitional Measures concerning Refunds When Permitted to Have Aggregate Length of Service)
Where a person who holds office as of October 1, 1991 which is the enforcement date of the Public Officials Pension Act (Act No. 4334) has been permitted to have an aggregate length of service and pays refunds, notwithstanding the amended provisions of Article 26 (2) through (4), he/she shall pay refunds including additional payments to the retirement pension under the provisions prior to being amended by the aforesaid Act.
Article 21 (Transitional Measures concerning Calculation of Amount of Benefits)
Where a retirement pension or early retirement pension under the amended provisions of Article 43 (1) and (2), and survivors' pension under the amended provisions of Article 54 (1) is calculated for the period from January 1, 2001 through December 31, 2009, in which case a public official retires from office or dies within one year after his/her promotion, degradation or demotion, transfer, change of assignment or reappointment (referring to cases where a public official, member of the Republic of Korea Armed Forces or a private school teacher or employee who retired has been appointed as a public official and has been permitted to have an aggregate length of service or the period of service under the amended provisions of Article 25 (2) of the aforesaid Act; hereafter the same shall apply in this Article) before December 31, 2000, notwithstanding the amended provisions of Article 30, the average amount of monthly remuneration before his/her promotion, degradation or demotion, transfer, change of assignment or reappointment and the amount of monthly remuneration at the time he/she retires from office or dies shall form the basis for calculating the amount of benefits.
Article 22 (Transitional Measures concerning Withdrawal of Benefits)
Notwithstanding the amended provision of Article 37 (1), the former provisions of Article 31 shall apply to the amount to be withdrawn and requirements for the withdrawal thereof where a reason to withdraw benefits arises before this Act enters into force.
Article 23 (Transitional Measures concerning Requirements for Receiving Pension)
(1) Notwithstanding the amended provisions of Articles 43 (1) through (3), 51, 54 and 58, Articles 46 (1) through (3), 48 (1), 56 (1) through (3) and 60 (1) of the former Public Officials Pension Act (referring to the aforesaid Act before amended by Act No. 13387) shall apply to requirements for receiving a pension for public officials who retired from office before January 1, 2016.
(2) The amended provisions of Articles 43 (1) through (3), 51 (1), 54 (1) and (2) and 58 (1) shall apply starting with the public officials who hold office as of January 1, 2016.
Article 24 (Transitional Measures concerning Extension of Upper Limit of Length of Service)
Where a retirement pension for a public official who holds office (including a person who has been permitted to have an aggregate length of service before the Public Officials Pension Act (No. 13387) enters into force pursuant to the former provision of Article 23 (2) after the aforesaid Act enters into force) as of January 1, 2016 is calculated, notwithstanding the amended provisions of Articles 43 (4) and (5) and 67 (1), the length of service and the period during which he/she has paid contributions shall not exceed the following number of years:
1. Where the length of service before January 1, 2016 is at least 21 years: 33 years;
2. Where the length of service before January 1, 2016 is not less than 17 or less than 21 years: 34 years;
3. Where the length of service before January 1, 2016 is not less than 15 or less than 17 years: 35 years;
4. Where the length of service before January 1, 2016 is less than 15 years: 36 years.
Article 25 (Transitional Measures concerning Payment of Survivors' Pension)
Notwithstanding the amended provisions of Articles 52 (2) and (4) and 55 (1), the former provisions of Articles 49 (2) and (4) and 57 (1) 1 and 2 shall apply with respect to persons who receive a survivors' pension before this Act enters into force: Provided, That Article 11 of the Addenda to the Public Officials Pension Act (No. 9905) shall apply with respect to persons who receive a survivors' pension before the Public Officials Pension Act (No. 13387) enters into force.
Article 26 (Transitional Measures concerning Survivors' Pension, Additional Payments to Survivors' Pension and Special Additional Payments to Survivors' Pension)
Notwithstanding the amended provisions of Articles 54 through 58, the former provisions of Articles 56 and 57 shall apply with respect to survivors' pension, additional payments to survivors' pension and special additional payments to survivors' pension [referring to a survivors' pension, additional payments to survivors' pension and special additional payments to survivors' pension under the former provision of Article 56 (1) 1] before this Act enters into force. In such cases, the amended provisions of Articles 56 (1) and 57 (1) of the Public Officials Pension Act (No. 10984) shall apply starting with the persons who meets requirements under the relevant amended provisions where a public official dies after November 5, 2011 which is the enforcement date of the aforesaid Act.
Article 27 (Transitional Measures concerning Payment of Disability Pension for Reasons Other Than Official Duties)
Notwithstanding the amended provisions of Articles 59 through 61, the former provisions of Articles 51 through 55 and Article 3 of the Addenda to the Public Officials Pension Act (No. 13387) shall apply with respect to the payment of a disability pension for reasons other than official duties.
Article 28 (Transitional Measures, etc. concerning Contributions and Pension Contributions)
(1) Notwithstanding the amended provisions of Articles 67 and 71, the former provisions of Articles 66 (2) and 69 (1) shall apply to the amount of contributions from public officials and pension contributions before this Act enters into force.
(2) Notwithstanding paragraph (1) and the amended provisions of Articles 66 (2) and 69 (1) of the Public Officials Pension Act (No. 9905), the amount of contributions from public officials and pension contributions shall be the amount obtained by multiplying the amount of standard monthly income and the budget for remuneration by the relevant years by the following percentages:
1. 2010: 6.3 percent;
2. 2011: 6.7 percent.
(3) Notwithstanding paragraph (1) and (2), the amount of contributions from public officials and pension contributions shall be the amount obtained by multiplying the amount of standard monthly income and the budget for remuneration by the relevant years by the following percentages:
1. 2016: 8 percent;
2. 2017: 8.25 percent;
3. 2018: 8.5 percent;
4. 2019: 8.75 percent.
Article 29 (Retroactively Included in Length of Service)
(1) A person subject to this Act pursuant to the amended provision of Article 3 (1), who is a public official holding office as at the time this Act enters into force, may include the period of service (referring to the period during which he/she has served shorter than normal working hours pursuant to the State Public Officials Act, the Local Public Officials Act, etc.; hereafter the same shall apply in this Article) in the length of service under the amended provision of Article 25 (1). In such cases, the public official shall pay the same amount of retroactive contributions as the amount of contributions for the relevant months for the period included in the length of service from the month following the month in which the date on which the GEPS approves the inclusion thereof falls.
(2) Where a public official wishes from among persons who include the period of service before this Act enters into force pursuant to paragraph (1), he/she may include the length of service under the Act on the Guarantee of Workers' Retirement Benefits corresponding to the period of service before this Act enters into force in the length of service when a retirement allowance under the amended provision of subparagraph 4 of Article 28 is paid. In such cases, retirement benefits under the Act on the Guarantee of Workers' Retirement Benefits corresponding to the period of service before this Act enters into force shall not be paid.
Article 30 (Transitional Measures concerning Retroactive Length of Service)
(1) A person who has been permitted to have an aggregate or total length of service pursuant to the provisions prior to being amended by the Public Officials Pension Act (No. 3586) before January 1, 1983 which is the enforcement date of the aforesaid Act shall be deemed permitted to have an aggregate or total length of service, notwithstanding the amended provisions of Articles 25 and 26.
(2) Notwithstanding the amended provisions of Articles 25 and 26, a public official who held office during the period between August 15, 1948 and December 31, 1959 as a public official (including a member of the Republic of Korea Armed Forces under Article 2 of the Military Pension Act), served during the period between January 1, 1975 (January 1, 1976 in the case of a local blue-color worker) and June 30, 1980 as a blue-color worker and held office during the period between November 29, 1973 and June 30, 1980 as a professional may include the relevant periods in the length of service with the approval of the GEPS. In such cases, Article 16 of the Military Pension Act (No. 3587) shall apply mutatis mutandis to the calculation of the period of military service to be included in the length of service.
(3) A person who has been approved to retroactively include the period of service in the length of service under paragraph (1) shall pay the same amount of retroactive contributions as the amount of contributions for the relevant month on a monthly basis for the period. In such cases, where the relevant public official retires from office or dies while paying retroactive contributions, the remaining retroactive contributions shall be calculated based on the amount of monthly remuneration at the time of his/her retirement or death and they shall be deducted from the relevant retirement benefits or survivors' benefits.
Article 31 (Transitional Measures concerning Application of Average Amount of Monthly Remuneration)
Notwithstanding the amended provision of Article 3 (1) 5, the average amount of monthly remuneration under the amended provision of Article 3 (1) 5 of the Public Officials Pension Act (No. 6328) shall be calculated based on the length of service after January 1, 2001 which is the enforcement date of the aforesaid Act and the length of service or the period of service aggregated pursuant to Article 23 (2) of the aforesaid Act after January 1, 2001.
Article 32 (Transitional Measures concerning Inclusion of Period of Military Service before Appointment in Length of Service)
Notwithstanding the amended provisions of Article 25, the former provisions of Article 23 (3) of the Public Officials Pension Act (referring to the aforesaid Act before amended by Act No. 6328) shall apply with respect to the inclusion of the period of military service of a person who holds office as of December 31, 2000 before his/her appointment in the length of service.
Article 33 (Transitional Measures concerning Exception to Application of Public Officials Pension Act to Employees of Korea Communications Commission)
Notwithstanding the former part of Article 6 (4) of the Addenda to the Act on the Establishment and Operation of Korea Communications Commission (No. 8867), Article 15 of the Addenda to the Public Officials Pension Act (No. 9905) shall apply to the calculation of the amount of pension for the length of service after January 1, 2010.
Article 34 (Transitional Measures concerning Application of Previous Amount of Monthly Remuneration)
Where a person, in whose case a reason for application of the previous amount of monthly remuneration arose pursuant to Article 66 (4) prior to being amended by the Public Officials Pension Act (No. 9905) before the aforesaid Act enters into force, applies for the application of the previous amount of monthly retirement after the enforcement date of the aforesaid Act, the GEPS may require him/her to pay contributions based on the amount of monthly remuneration before it is reduced by the month preceding the month in which the enforcement date of the aforesaid Act falls pursuant to the provisions prior to being amended by the aforesaid Act.
Article 35 (Transitional Measures following Change of Name of Student Loans)
(1) Student loans provided before January 1, 2010 which is the enforcement date of the Public Officials Pension Act (No. 9905) shall be deemed student loans under the aforesaid Act.
(2) Student loans provided pursuant to the former Public Officials Pension Act before this Act enters into force shall be deemed student loans under this Act.
Article 36 Omitted.
Article 37 (Relationship to Other Statutes)
Where the former Public Officials Pension Act or any provision thereof is cited by other statutes as at the time this Act enters into force, in which case provisions corresponding thereto exist in this Act, this Act or the relevant provisions of this Act shall be deemed cited by other statutes in lieu of the former provisions thereof.
ADDENDA <Act No. 15554, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on September 21, 2018. (Proviso Omitted.)
Articles 2 through 9 Omitted.