ACT ON AGGREGATION OF NATIONAL PENSION AND OCCUPATIONAL PENSIONS
Act No. 9431, Feb. 6, 2009
Amended by Act No. 9880, Dec. 30, 2009
Act No. 9932, Jan. 18, 2010
Act No. 10707, May 24, 2011
Act No. 13099, Jan. 28, 2015
Act No. 13641, Dec. 29, 2015
Act No. 14214, May 29, 2016
Act No. 15523, Mar. 20, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to stabilizing post-retirement life and enhancing welfare of citizens by paying aggregate benefits through aggregation of the period of entitlement to the national pension and the employment or service duration of the public officials pension, the pension for private school teachers and staff, the military pension, and the pension for employees of special post offices.
| (1) | The terms used in this Act shall be defined as follows: <Amended by Act No. 9880, Dec. 30, 2009; Act No. 13099, Jan. 28, 2015> |
| 1. | The term "occupational pension" means the following pensions: |
| 4. | The term "pension holder" means a pension holder under the National Pension Act (hereinafter referred to as "national pension holders"), public official, teacher, or staff member of private schools, military persons, or an employee of a special post office under applicable laws on occupational pensions (hereinafter referred to as "occupational pension holders"); |
| 5. | The term "bereaved family member" means a bereaved family member under Article 73 of the National Pension Act for the aggregate old-age pension for bereaved family members or a bereaved family member under applicable laws on occupational pensions for the aggregate retirement pension for bereaved family members (referring to the Act on the last occupational pension in which a pension holder was enrolled where pensions are aggregated pursuant to the applicable laws on occupational pensions); |
| 6. | The term "period of entitlement to the National Pension" means the period of entitlement for the aggregation under Article 7 (1) 1 out of the period of entitlement under the National Pension Act; |
| 7. | The term "period of occupational employment" means the duration of employment or service of a pension holder under applicable laws on occupational pensions (referring to the duration of employment or service under the Act on the most recent occupational pension in which a pension holder was enrolled where the durations of employment or the duration of employment and the duration of service are aggregated pursuant to applicable laws on occupational pensions); |
| 8. | The term "aggregation" means adding the period of entitlement to the National Pension and the period of occupational employment or aggregating the periods of occupational employment for the purpose of receiving aggregate benefits; |
| 9. | The term "aggregate period" means the duration calculated by adding the period of entitlement to the National Pension to the period of occupational employment or by aggregating the periods of occupational employment; |
| 10. | The term "aggregate benefits" means benefits to which a pension holder or his/her bereaved family members are entitled through aggregation, pursuant to Article 11, 12, 14, or 15; |
| 11. | The term "aggregate old-age pension" means the pension paid for the period of entitlement under the National Pension Act, among aggregate benefits or for the period of entitlement to the National Pension; |
| 12. | The term "aggregate retirement pension" means the pension paid for the period of occupational employment, among aggregate benefits; |
| 13. | The term "aggregate old-age pension for bereaved family members" means the pension to which the bereaved family members of a deceased beneficiary of the aggregate old-age pension become entitled upon death of such beneficiary; |
| 14. | The term "aggregate retirement pension for bereaved family members" means the pension to which the bereaved family members of a deceased beneficiary of the aggregate retirement pension become entitled upon death of such beneficiary; |
| (2) | Except as otherwise expressly provided for in paragraph (1), terms used in this Act shall be construed as defined in the National Pension Act and each applicable law on occupational pensions. |
| Article 3 (Scope of Application) |
| (1) | Aggregate benefits for which a person has filed an application for aggregation in accordance with Article 8 shall be governed by this Act. |
| (2) | If any person who has filed an application for aggregation in accordance with Article 8 is a beneficiary eligible for the old-age pension under the National Pension Act and becomes a beneficiary eligible for the retirement pension or military retirement pension under laws on occupational pensions, each applicable pension Act shall apply. <Amended by Act No. 13641, Dec. 29, 2015> |
| (3) | Except as otherwise expressly provided for by this Act and except the matters specified as those governed by this Act, aggregate benefits shall be governed by each applicable pension Act. |
CHAPTER II RELATIONS TO PENSION LAWS
| Article 4 (Relations to National Pension Act) |
| (1) | Any beneficiary who is otherwise entitled to a lump-sum refund under Article 77 (1) 1 of the National Pension Act, but who becomes a beneficiary of the aggregate old-age pension, is unentitled to the lump-sum refund, notwithstanding the aforesaid provision. |
| (2) | Any national pension holder whose period of entitlement to the National Pension is less than one year, but who becomes a beneficiary of the aggregate old-age pension through such aggregation, is entitled to a lump-sum refund prescribed in Article 77 of the National Pension Act, notwithstanding Article 11. |
| (3) | Articles 62, 63-2, and 64 (1) of the National Pension Act shall apply mutatis mutandis to the beneficiaries of aggregate old-age pension. In such cases, "beneficiaries of old-age pension" shall be construed as "beneficiaries of aggregate old-age pension; and "amount of pension" or "amount of old-age pension" as "amount of aggregate old-age pension," respectively. <Amended by Act No. 13099, Jan. 28, 2015> |
| Article 5 (Relations to Acts on Occupational Pensions) |
| (2) | Where any current or former occupational pension holder who has the period of occupational employment of less than one year, but who becomes a beneficiary of the aggregate retirement pension through such aggregation, he/she is entitled to the lump-sum retirement benefits under the relevant provisions of each applicable law on occupational pensions under paragraph (1), notwithstanding Article 12. <Amended by Act No. 13641, Dec. 29, 2015> |
| (3) | As to the suspension of payment of the aggregate retirement pension to a beneficiary of the aggregate retirement pension, Article 50 of the Public Officials Pension Act, Article 42 of the Pension for Private School Teachers and Staff Act (only applicable to cases to which Article 50 of the Public Officials Pension Act shall apply mutatis mutandis), Article 21-2 of the Military Pension Act, or Article 27-2 of the Special Post Offices Act, each of which governs the retirement pension or military retirement pension under the Act on the corresponding occupational pension, shall apply mutatis mutandis. In such cases, "retirement pension" or “military retirement pension” shall be construed as "aggregate retirement pension"; "public officials, military persons, or teachers and staff members of private schools" as "public officials, military persons, teachers and staff members of private schools, or employees of special post offices". <Amended by Act No. 15523, Mar. 20, 2018> |
| (4) | If any current or former occupational pension holder, whose period of occupational employment is at least one year but falls short of the period required to be eligible for the retirement pension or military retirement pension, dies after he/she became a beneficiary of the aggregate retirement pension through the aggregation, his/her bereaved family members are unentitled to the lump-sum payment for bereaved family members under Article 58 (1) of the Public Officials Pension Act, Article 42 of the Pension for Private School Teachers and Staff Act (only applicable to cases to which Article 58 (1) of the Public Officials Pension Act shall apply mutatis mutandis), Article 30 (1) of the Military Pension Act, or Article 25-3 (3) of the Special Post Offices Act, notwithstanding the aforesaid relevant provisions. <Amended by Act No. 13641, Dec. 29, 2015; Act No. 15523, Mar. 20, 2018> |
| (5) | Where any law on occupational pensions has provisions regarding a divided pension, each applicable provision shall also apply mutatis mutandis to the beneficiary of the aggregate retirement pension. In such cases, the “beneficiary of retirement pension (including early retirement pension)” shall be construed as the “beneficiary of aggregate retirement pension,” and the “pension amount” or the “retirement pension amount (including early retirement pension amount” shall be construed as the “aggregate retirement pension amount”, respectively. <Newly Inserted by Act No. 13641, Dec. 29, 2015> |
| Article 6 (Relations to Each Fund) |
Financial resources of each Fund under each relevant pension Act shall include the money repaid in accordance with Article 8 (2), and the operation of each Fund shall include the payment of aggregate benefits. <Amended by Act No. 13099, Jan. 28, 2015>
CHAPTER III AGGREGATE PERIOD AND APPLICATION FOR AGGREGATION
| Article 7 (Aggregate Periods) |
| (1) | Aggregate periods are as follows: <Amended by Act No. 15523, Mar. 20, 2018> |
| (2) | Notwithstanding paragraph (1), if periods prescribed in the subparagraphs of paragraph (1) are overlapped, in part, in calculating the aggregate period, the overlapped duration shall be excluded from the aggregate period: Provided, That where the premiums payments for different pensions are overlapped, the duration for which the premiums paid overlap shall be included in the period of entitlement to the National Pension under subparagraph 2 (b) of Article 11 and the period of occupational employment under the subparagraphs of Article 12 (2) in calculating the amount of aggregate old-age pension or the amount of aggregate retirement pension. <Amended by Act No. 13099, Jan. 28, 2015> |
| Article 8 (Application for Aggregation) |
| (1) | Each pension holder (including former pension holder) who desires to aggregate the period of entitlement to the National Pension and the period of occupational employment, shall file an application for aggregation with the competent pension management agency (referring to the pension management agency responsible for the management of the pension in which the applicant was enrolled), as prescribed by Ordinance of the Ministry of Health and Welfare, before he/she loses entitlement to benefits under the applicable pension Act, lapses in any of the following events: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13641, Dec. 29, 2015> |
| 1. | If he/she becomes an occupational pension holder; |
| 2. | If an occupational pension holder retires (limited to where retirement benefits under the applicable laws on occupational pensions, or none of the benefits under subparagraphs 1 through 4 of Article 6 of the Military Pension Act have been paid). |
| (2) | Notwithstanding paragraph (1), where a person who was an occupational pension holder has been paid retirement benefits under applicable Acts on occupational pension or benefits under subparagraphs 1 through 4 of Article 6 of the Military Pension Act, he/she may file an application for aggregation with a pension management agency under paragraph (1), after he/she repays retirement benefits or benefits paid to him/her under subparagraphs 1 through 4 of Article 6 of the Military Pension Act (excluding pension benefits). <Amended by Act No. 13099, Jan. 28, 2015> |
| (3) | Deleted. <by Act No. 13099, Jan. 28, 2015> |
| (4) | Where a person who filed an application for aggregation in accordance with paragraph (1), fails to repay the full refund amount or portions thereof to be paid pursuant to paragraph (2) (hereinafter referred to as "refund") for at least six months, the application for aggregation under paragraph (1), shall be deemed cancelled. In such cases, the competent pension management agency shall inform the applicant, at least 30 days before the date of cancellation, of the fact that the refund has not been made and that the application for aggregation shall be cancelled. <Amended by Act No. 13099, Jan. 28, 2015> |
| (5) | The competent pension management agency shall, when an application for aggregation is dismissed pursuant to paragraph (4), immediately repay the refund already paid, to the applicant. |
| (6) | Necessary matters concerning interest on payments and refunds shall be prescribed by Presidential Decree. |
| Article 8-2 (Revocation of Previous Aggregation in Aggregating Durations of Employment) |
| (1) | Where a pension holder (including former pension holder) who has filed an application for the aggregation of period of national pension and period of occupational employment pursuant to Article 8 (1) or (2), re-enrolls in an employment pension and aggregating periods of occupational employment is allowed pursuant to applicable Acts on occupational pension, previous aggregation of period of national pension and a period of occupational employment shall be deemed revoked. <Amended by Act No. 13641, Dec. 29, 2015> |
| (2) | Where previous aggregation of a period of national pension and a period of occupational employment are revoked pursuant to paragraph (1), Article 8 (5) and (6) shall apply mutatis mutandis to matters necessary to make the relevant refunds. |
[This Article Newly Inserted by Act No. 13099, Jan. 28, 2015]
CHAPTER IV AGGREGATE BENEFITS
| Article 9 (Kinds of Aggregate Benefits) |
The kinds of aggregate benefits are as follows:
| 1. | Aggregate old-age pension; |
| 2. | Aggregate retirement pension; |
| 3. | Aggregate old-age pension for bereaved family members; |
| 4. | Aggregate retirement pension for bereaved family members. |
| Article 10 (Beneficiaries of Aggregate Old-Age Pension or Aggregate Retirement Pension) |
| (1) | A right to the benefits of the aggregate old-age pension or the aggregate retirement pension arises for any person who has filed an application for aggregation in accordance with Article 8 when the aggregate period reaches or exceeds 20 years and he/she attains the age of 65 years. |
| Article 11 (Amounts of Aggregate Old-Age Pension) |
The amount of aggregate old-age pension shall be calculated as follows: <Amended by Act No. 13099, Jan. 28, 2015>
| 1. | Where the entitlement to the old-age pension benefits accrues pursuant to the National Pension Act, the amount of old-age pension under the aforesaid Act shall be the amount of aggregate old-age pension; |
| 2. | In cases not falling under subparagraph 1 and where the period of entitlement to the National Pension is less than ten years, the amount calculated by multiplying the amount prescribed in item (a), by the rate prescribed in item (b), shall be deemed the amount of aggregate old-age pension: |
| (b) | The rate calculated by dividing the period of entitlement to the National Pension (the period of entitlement to the National Pension as a voluntarily and continuously insured person under Article 13 of the National Pension Act shall be included, but any period of less than one year shall be calculated as one-twelfth of a year for each month) by 20. |
| Article 12 (Amounts of Aggregate Retirement Pension) |
| (1) | Where entitlement to a retirement pension or entitlement to a military retirement pension accrues pursuant to Acts on occupational pension, the amount of retirement pension or military retirement pension under relevant Acts on occupational pension shall be the amount of aggregate retirement pension. |
| (2) | Where subparagraph 1 is not applicable, the amount of aggregate retirement pension shall be an amount assessed based on the method of calculating the amount of retirement or military retirement pension prescribed under the relevant occupational pension law as at the time the entitlement to retirement or military retirement pension accrues, reflecting the period of occupational employment of the beneficiary entitled to the pension. <Amended by Act No. 13641, Dec. 29, 2015> |
| (3) | Where, in calculating the amount of aggregate retirement pension of a person who has a period of occupational employment under the Military Pension Act, as prescribed in paragraph (1) and paragraph (2) 3, the date grounds for benefits under Article 3 (1) 2 of the Military Pension Act arise and the date grounds for payment of aggregate retirement pension arise are different, the amount of aggregate retirement pension shall be calculated by converting the amount of average monthly standard income under Article 3 (1) 2 of the Military Pension Act, into the current value as at the date grounds for payment of aggregate retirement pension arise based upon the rate of military pay increase, etc. |
[This Article Wholly Amended by Act No. 13099, Jan. 28, 2015]
| Article 13 (Beneficiaries of Aggregate Old-Age Pension or Aggregate Retirement Pension for Bereaved Family Members) |
Upon the death of a beneficiary of the aggregate old-age pension or the aggregate retirement pension under Article 10, a right to the benefits of the aggregate old-age pension or the aggregate retirement pension arises for his/her bereaved family members.
| Article 14 (Amounts of Aggregate Old-Age Pension for Bereaved Family Members) |
The amount of aggregate old-age pension for bereaved family members shall be calculated as follows: <Amended by Act No. 13099, Jan. 28, 2015>
| 1. | If a beneficiary of the aggregate old-age pension under subparagraph 1 of Article 11 dies, the amount of pension for his/her bereaved family members under the National Pension Act shall be deemed the amount of aggregate old-age pension for the bereaved family members; |
| 2. | If a beneficiary of the aggregate old-age pension under subparagraph 2 of Article 11 dies, the amount calculated by multiplying the amount prescribed in item (a) by the rate prescribed in item (b) shall be deemed the amount of aggregate old-age pension for his/her bereaved family members: |
| (a) | The amount calculated by deducting the pension for dependent family members under the National Pension Act from the pension for bereaved family members under Article 74 of the aforesaid Act for the period of entitlement to the National Pension (any period of less than one year shall be calculated as one-twelfth of a year for each month); |
| (b) | The rate calculated by dividing the period of entitlement to the National Pension (the period of entitlement as a voluntarily and continuously insured person under Article 13 shall be included, but any period of less than one year shall be calculated as one-twelfth of a year for each month) by 10. |
| Article 15 (Amount of Aggregate Retirement Pension for Bereaved Family Members) |
The amount of aggregate retirement pension for bereaved family members shall be calculated by multiplying the amount of aggregate retirement pension under Article 12 by the rate prescribed by the relevant occupational pension law as at the time the entitlement to the aggregate retirement pension for bereaved family member accrues. <Amended by Act No. 13641, Dec. 29, 2015>
CHAPTER V PAYMENT AND RECOVERY OF AGGREGATE BENEFITS
| Article 16 (Claim and Payment of Aggregate Benefits) |
| (1) | Any person who has a right to the payment of aggregate benefits shall claim the aggregate benefits from the competent pension management agency (referring to the pension management agency responsible for the management of the pension in which the person was enrolled), as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, the pension management agency shall inform another pension management agency related to the aggregate benefits of the claim. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | The pension management agency to which a claim was filed or informed of in accordance with paragraph (1) shall verify whether the claimant has a right to benefits under any applicable pension Act and a right to aggregate benefits under this Act and shall pay the aggregate benefits. |
| (3) | Payments of aggregate benefits shall begin on the month immediately following the month during which any of the following events occurs and end on the month in which the right to aggregate benefits lapses: |
| 1. | A person whose aggregate period is 20 years or more attains the age of 65; |
| 2. | The aggregate period of a person who is not less than 65 years of age reaches 20 years; |
| 4. | A beneficiary of the aggregate old-age pension or the aggregate retirement pension dies. |
| (4) | Matters necessary for the claim and payment of aggregate benefits shall be prescribed by Ordinance of the Ministry of Health and Welfare, in addition to the provisions of paragraphs (1) through (3). <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 17 (Payment of Aggregate Benefits upon Death) |
If a beneficiary of aggregate old-age pension or aggregate retirement pension dies, aggregate benefits payable, but not yet paid for, to the beneficiary, shall be paid, as prescribed by pension laws. <Amended by Act No. 13099, Jan. 28, 2015>
| Article 18 (Adjustment of Overlapping Benefits) |
| (1) | If two or more separate rights to aggregate benefits under this Act arise for any beneficiary of aggregate benefits, the beneficiary shall be given an option to choose one of such rights to adjust overlapping benefits as follows: <Amended by Act No. 14214, May 29, 2016> |
| 1. | If a right to the benefits of the aggregate old-age pension and a right to the benefits of the aggregate old-age pension for a bereaved family member arise for a beneficiary: |
| (a) | If he/she chooses the right to the benefits of the aggregate old-age pension, he/she is entitled to the amount of aggregate old-age pension, along with 30/100 of the amount of aggregate old-age pension for the bereaved family member; |
| (b) | If he/she chooses the right to the benefits of the aggregate old-age pension for a bereaved family member, he/she is entitled only to the amount of aggregate old-age pension; |
| 2. | If two or more separate rights to the benefits of the aggregate old-age pension for a bereaved family member arise for a bereaved family member, he/she is entitled to the amount of aggregate old-age pension that he/she chooses, along with 30/100 of the amount of aggregate old-age pension that he/she does not choose; |
| 3. | If a right to the benefits of the aggregate retirement pension and a right to the benefits of the aggregate retirement pension for a bereaved family member arise for a beneficiary, he/she is entitled to the amount of aggregate retirement pension, along with one half of the amount of aggregate retirement pension for the bereaved family member. |
| (2) | If a right to aggregate benefits under this Act and a right to benefits under each applicable pension Act arise in parallel for a beneficiary of aggregate benefits, he/she shall be given an option to choose one of such rights to adjust overlapping rights as follows: Provided, That if a right to any benefits arises in parallel for a beneficiary in addition to the aggregate benefits and the benefits specified in the following subparagraphs, such benefits shall be paid in accordance with the applicable pension Act: <Amended by Act No. 14214, May 29, 2016> |
| 1. | If a right to the benefits of the aggregate old-age pension and a right to the benefits of the pension for a bereaved family member under the National Pension Act arise for a beneficiary: |
| (a) | If he/she chooses the right to the benefits of the aggregate old-age pension, he/she is entitled to the amount of aggregate old-age pension, along with 30/100 of the amount of pension for the bereaved family member; |
| (b) | If he/she chooses the right to the benefits of the pension for the bereaved family member under the National Pension Act, he/she is entitled only to the amount of pension for the bereaved family member; |
| 2. | If a right to the benefits of the aggregate retirement pension and a right to the benefits of the pension for a bereaved family member under any law on occupational pensions arise for a beneficiary: |
| (a) | If he/she chooses the right to the benefits of the aggregate retirement pension, he/she is entitled to the amount of aggregate retirement pension, along with one half of the pension for the bereaved family member under the laws on occupational pensions; |
| (b) | If he/she chooses the right to the benefits of the pension for the bereaved family member under the laws on occupational pensions, he/she is entitled only to the amount of pension for the bereaved family member; |
| 3. | If a right to the benefits of the aggregate old-age pension for a bereaved family member and a right to the benefits of the pension for a bereaved family member under the National Pension Act arise for a beneficiary: |
| (a) | If he/she chooses the right to the benefits of the aggregate old-age pension for the bereaved family member, he/she is entitled to the amount of aggregate old-age pension for the bereaved family member, along with 30/100 of the pension for the bereaved family member; |
| (b) | If he/she chooses the right to the pension for the bereaved family member under the National Pension Act, he/she is entitled to the benefits of the pension for the bereaved family member, along with 30/100 of the amount of aggregate old-age pension for the bereaved family member; |
| 4. | If a right to the benefits of the aggregate old-age pension for a bereaved family member and a right to the benefits of the old-age pension under the National Pension Act arise for a beneficiary: |
| (a) | If he/she chooses the right to the benefits of the aggregate old-age pension for the bereaved family member, he/she is entitled only to the amount of aggregate old-age pension for the bereaved family member; |
| (b) | If he/she chooses the right to the benefits of the old-age pension under the National Pension Act, he/she is entitled to the amount of old-age pension, along with 30/100 of the amount of aggregate old-age pension for the bereaved family member; |
| 5. | If a right to the benefits of the aggregate old-age pension and a right to the benefits of the disability pension under the National Pension Act arise for a beneficiary, he/she is entitled only to the amount of pension that he/she chooses; |
| 6. | If a right to the benefits of the aggregate old-age pension for a bereaved family member and a right to the benefits of the disability pension under the National Pension Act arise for a beneficiary: |
| (a) | If he/she chooses the right to the benefits of the aggregate old-age pension for the bereaved family member, he/she is entitled only to the amount of aggregate old-age pension for the bereaved family member; |
| (b) | If he/she chooses the right to the benefits of the disability pension under the National Pension Act, he/she is entitled to the amount of disability pension, along with 30/100 of the amount of aggregate old-age pension for the bereaved family member; |
| 7. | If a right to the benefits of the aggregate old-age pension for a bereaved family member and a right to the lump-sum refund under the National Pension Act arise for a beneficiary: |
| (a) | If he/she chooses the right to the benefits of the aggregate old-age pension for the bereaved family member, he/she is entitled to the amount of aggregate old-age pension for the bereaved family member, along with the amount determined pursuant to Article 80 (2) of the National Pension Act out of the lump-sum refund; |
| (b) | If he/she chooses the right to the lump-sum refund under the National Pension Act, he/she is entitled only to the payment of the lump-sum refund. |
| (3) | If a right to the benefits of the aggregate retirement pension for a bereaved family member and a right to the benefits of the retirement pension under any law on occupational pensions arise for a beneficiary of aggregate benefits, he/she is entitled to the retirement pension under the applicable laws on occupational pensions, along with one half of the amount of aggregate retirement pension for the bereaved family member. |
| (4) | If a beneficiary of aggregate benefits has chosen the aggregate retirement pension or the pension for a bereaved family member under any law on occupational pensions in accordance with paragraph (2) 2, he/she shall not change the pension that he/she chose to another pension after aggregate benefits or benefits have been paid to him/her. |
| (5) | If two or more rights to benefits under this Act or any pension Act arise for a beneficiary of aggregate benefits, applicable pension laws shall apply mutatis mutandis to the adjustment of such overlapping benefits, except as otherwise provided for in paragraphs (1) through (4). |
| Article 19 (Disposition of Received Pension Premium, etc. upon Disqualification from Aggregate Benefits) |
| (1) | If any person who files an application for aggregation in accordance with Article 8 falls under any of the following, the applicable pension Act shall apply mutatis mutandis to such case to pay him/her the lump-sum refund or the lump-sum payment for retirement: Provided, That where entitlement to the old-age pension under the National Pension Act has arisen for such person, or entitlement to the retirement or military retirement pension under laws on occupational pensions has arisen for such person, each pension Act shall apply: <Amended by Act No. 13641, Dec. 29, 2015> |
| 1. | Where the person reaches 65 years of age but the aggregate period falls short of 20 years (excluding cases where the person filing an application for aggregation wishes to receive the aggregate old-age pension or aggregate retirement pension after paying refund or the additional premium); |
| 2. | Where the person ceases to be a Korean national or emigrates to another country before his/her aggregation period reaches 20 years. |
| (2) | Where a lump-sum refund or a lump-sum payment for retirement is made pursuant to the main sentence of paragraph (1), an amount of interest prescribed by Presidential Decree shall be added thereto. <Newly Inserted by Act No. 13641, Dec. 29, 2015> |
| Article 19-2 (Disposition of Received Pension Premium, etc. upon Death) |
Where the person who has filed an application for aggregation pursuant to Article 8 dies before fulfilling the requirements to receive aggregate benefits under Article 10 (1), the benefits to which his/her bereaved family member, etc. is entitled shall be paid to the bereaved family member, etc. pursuant to each pension Act. [This Article Newly Inserted by Act No. 13641, Dec. 29, 2015]
| Article 20 (Recovery of Aggregate Benefits) |
| (1) | If a beneficiary of aggregate benefits has received aggregate benefits by fraud or other improper means, has received aggregate benefits after being suspended or lapsing, or has received aggregate benefits paid by mistake, the pension management agency that paid such aggregate benefits shall recover the benefits. |
| (2) | Matters concerning the recovery of aggregate benefits under paragraph (1) shall be governed by each applicable pension Act. |
| Article 21 (Application Mutatis Mutandis of Pension Laws to Limitation, etc. on Aggregate Benefits) |
The adjustment of an amount of aggregate benefits, the limitation on the payment of aggregate benefits, the suspension, lapse, and protection of rights to aggregate benefits, the liability for expenses, and other relevant matters shall be governed by any applicable pension Act as follows:
| 1. | For the aggregate old-age pension and the aggregate old-age pension for bereaved family members: Provisions relating to the old-age pension and the pension for bereaved family members, of the National Pension Act; |
| 2. | For the aggregate retirement pension and the aggregate retirement pension for bereaved family members: Provisions relating to the retirement pension and the pension for bereaved family members, of an applicable Act on occupational employment (referring to the laws on occupational pensions on which the calculation of the aggregate retirement pension was based). |
CHAPTER VI COMMITTEE FOR DELIBERATION ON AGGREGATE BENEFITS AND PETITIONS FOR REVIEW
| Article 22 (Committee for Deliberation on Aggregate Benefits) |
| (1) | The Ministry of Health and Welfare shall have a committee for the deliberation on aggregate benefits (hereinafter referred to as the "Deliberative Committee") under its control in order to deliberate on the following matters: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | Matters concerning major policies on the aggregation of the National Pension to occupational pensions; |
| 2. | Important matters pertaining to aggregate benefits; |
| 3. | Matters concerning the establishment and operation of the information system for aggregate benefits under Article 27; |
| 4. | Matters concerning aggregate benefits outside the control of any pension management agency; |
| 5. | Other matters deemed necessary by the Minister of Health and Welfare in connection with aggregate benefits and the operation of the aggregation system. |
| (2) | The Deliberative Committee shall be comprised of ten members or less, including one chairperson. |
| (3) | The Minister of Health and Welfare shall take the chair of the Deliberative Committee, and other Committee members shall be appointed or commissioned by the Committee chairperson from among public officials in general service or in extraordinary civil service, who work for any central administrative agency responsible for the enforcement of any pension Act and who are members of the Senior Civil Service Corps, and persons who have ample experience and knowledge in occupational pensions. <Amended by Act No. 9932, Jan. 18, 2010> |
| (4) | The term of office for each commissioned member of the Deliberative Committee shall be two years. |
| (5) | The Committee chairperson shall represent the Deliberative Committee and shall exercise general supervision over its affairs. |
| (6) | If the Committee chairperson is unable to perform his/her duties, the Committee member appointed in advance by the Committee chairperson shall act for and on behalf of the Committee chairperson. |
| (7) | Matters necessary for the organization and operation, etc. of the Deliberative Committee shall be prescribed by Presidential Decree in addition to the matters specified in paragraphs (1) through (6). |
| Article 23 (Petitions for Review) |
| (1) | Any person who is dissatisfied with the payment of aggregate benefits under this Act may file a petition for review of the aggregate benefits, in accordance with the procedure prescribed by each applicable pension Act. |
| (2) | Any person who is dissatisfied with a determination on the review of a petition under paragraph (1), may file another petition for review in accordance with the procedures prescribed by respective pension laws. <Amended by Act No. 13099, Jan. 28, 2015> |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 24 (Death Reports, etc.) |
| (1) | Any person required to file a death report in accordance with Article 85 of the Act on the Registration, etc. of Family Relationships, upon the death of a qualified recipient of aggregate benefits, shall report the recipient's death, within one month, either to the pension management agency responsible for managing the pension in which the recipient of aggregate benefits was enrolled or to the pension management agency responsible for the management of the pension in which the recipient of aggregate benefits was enrolled, as prescribed by Ordinance of the Ministry of Health and Welfare.<Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Matters prescribed by pension laws shall apply to reports on the termination or modification of the entitlement to payment on grounds other than the demise of a beneficiary of aggregate benefits. <Newly Inserted by Act No. 13099, Jan. 28, 2015> |
| (3) | A pension management agency, upon receipt of a report under paragraphs (1) and (2), shall immediately notify other related pension management agencies of such fact. <Amended by Act No. 13099, Jan. 28, 2015> |
| (4) | Where a report is made to any of the pension management agencies managing pensions in which a recipient of aggregate pension was enrolled or is enrolled, the report shall be deemed made to the other related pension management agencies, also. <Newly Inserted by Act No. 13099, Jan. 28, 2015> |
| Article 25 (Extinctive Prescription) |
A right to the payment of aggregate benefits under this Act lapses if it is not exercised within five years, while a right to collect the recovery under Article 20 lapses if it is not exercised within three years.
| Article 26 (Request for and Protection, etc. of Materials) |
| (1) | Each pension management agency may, if necessary for verifying whether a right to aggregate benefits has arisen, has been changed, or has lapsed, request the State, a local government, any other pension management agency, any related public organization, or any business entity to furnish it with materials about the period of entitlement, the duration of employment or service, income, compensation, or any other relevant fact. In such cases, the State, a local government, a pension management agency, a related public organization, or a business entity shall comply with such request, unless any exceptional circumstance exists to the contrary. |
| (2) | Materials furnished to each pension management agency pursuant to paragraph (1) shall be exempted from royalties, fees, and other charges. |
| (3) | Each pension management agency shall use materials furnished pursuant to paragraph (1) only within the extent necessary for verifying whether a right to aggregate benefits has arisen or the amount of aggregate benefits, and shall not disclose such materials to the public. |
| (4) | No person who has inspected or reviewed materials specified in paragraphs (1) through (3) shall publicly disclose any fact known to him/her from such materials. |
| Article 27 (Establishment and Operation of Information System for Aggregate Benefits) |
| (1) | Each pension management agency shall establish and operate an information system for efficiently processing various kinds of data or information necessary for verifying whether rights to aggregate benefits under this Act have arisen, have been changed, or have lapsed, and for computerizing claims and payments of aggregate benefits. |
| (2) | Each pension management agency shall cooperate in providing an information system interface under paragraph (1) so that aggregation and aggregate benefits can be processed smoothly pursuant to this Act. |
| Article 28 (Subsidization by State) |
If the Fund for the National Pension under the National Pension Act is insufficient to cover expenses incurred in the payment of benefits of the aggregate old-age pension or the aggregate old-age pension for bereaved family members, the State may subsidize the shortfall.
CHAPTER VIII PENALTY PROVISIONS
| Article 29 (Penalty Provisions) |
| (1) | A person who discloses any information in violation of Article 26 (3), shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. <Amended by Act No. 13099, Jan. 28, 2015> |
| (2) | A person who discloses any fact in violation of Article 26 (4), shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. <Amended by Act No. 13099, Jan. 28, 2015> |
| Article 30 (Administrative Fines) |
| (1) | A related public organization or a business entity which fails to comply with a request to provide materials as requested, in violation of Article 26 (1), shall be punished by an administrative fine not exceeding one million won. |
| (2) | Administrative fines prescribed in paragraph (1) shall be imposed and collected by any of the following persons: <Amended by Act No. 13099, Jan. 28, 2015> |
| 1. | For failure to provide materials requested by the Minister of National Defense pursuant to Article 26 (1): The Minister of National Defense; |
| 2. | For failure to provide materials requested by a pension management agency other than the Minister of National Defense pursuant to Article 26 (1): The head of a central administrative agency having jurisdiction over and supervising the duties of the relevant pension management agency. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability, etc. concerning Persons Qualified to Apply for Aggregation)
| (1) | Article 8 shall apply to cases where a transfer between the National Pension and any occupational pension or between occupational pensions has been completed on or after the date this Act enters into force. |
| (2) | Notwithstanding paragraph (1), an application for aggregation may be filed in accordance with this Act in any of the following cases: |
| 1. | Where a person who had entitlement to the National Pension was transferred to an occupational pension on or after July 23, 2007, which corresponds to the date the wholly amended National Pension Act (Act No. 8541) enters into force, but before this Act enters into force; |
| 2. | Where a person who has been enrolled in a pension pursuant to each applicable pension Act or who is currently employed by, or in the service of, an institution governed by the applicable pension Act (including a person who is enrolled as a new member or re-enrolled after the promulgation date of this Act) at the time when this Act promulgates is transferred to any other occupational pension or the National Pension on or after the date this Act promulgates, but before this Act enters into force. |
Article 3 (Special Exception to Age of Eligibility for Application for and Payment of Aggregate Benefits)
The age prescribed in Articles 10 (1) and (2) and 16 (3) 1 and 2 as the age of eligibility for the application for, or the payment of, aggregate benefits shall be construed as 60 years until 2012; 61 years for the period from 2013 to 2017; 62 years from 2018 to 2022; 63 years from 2023 to 2027; and 64 years from 2028 to 2032 respectively, notwithstanding the aforesaid provisions: Provided, That if the age from which the payment of benefits of the retirement pension under each applicable law on occupational pensions begins or the age that serves as the basis of timing of such payments (hereinafter referred to as "age of eligibility for benefits for the retirement pension") is higher than the age prescribed in the main sentence above, the age of eligibility for the application for, or the payment of, the aggregate retirement pension shall be the timing at which a person attains the age of eligibility for the payment of benefits of the retirement pension under the applicable laws on occupational pensions, while the initial payment of aggregate benefits shall be made in the month immediately following the month in which a person whose aggregate period has reached 20 years attains the age of eligibility for the benefits of the retirement pension (limited to the aggregate retirement pension) under the applicable laws on occupational pensions, beyond the age prescribed in the main sentence above. <Amended by Act No. 13099, Jan. 28, 2015> Article 4 Omitted.
ADDENDA <Act No. 9880, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10707, May 24, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the first day of the month following the month in which the date of its promulgation falls. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 13099, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 (3) shall enter into force six months after the date of promulgation. Article 2 (Exceptions to Money Repaid by Persons whose Benefits Are Restricted pursuant to Acts on Occupational Pension)
Article 3 (Applicability concerning Calculation of Amount of Aggregate Old-Age Pension and Amount of Aggregate Old-Age Pension for Bereaved Family Members)
The amended provisions of Articles 11 and 14 shall apply, beginning with the first application for an aggregate benefit filed pursuant to Article 16 after this Act enters into force. Article 4 (Applicability concerning Calculation of Amount of Aggregate Retirement Pension of Persons Who Served as Military Service Persons)
The amended provisions of Article 12 (3) shall apply, beginning with the frist application for aggregate benefit filed pursuant to Article 16 after the amended provisions aforementioned enter into force. Article 5 (Transitional Measures concerning Calculation of Amount of Aggregate Retirement Pension for Duration of Employment before Acts on Occupational Pension Are Amended)
ADDENDUM <Act No. 13641, Dec. 29, 2015>
This Act shall enter into force on January 1, 2016.
ADDENDA <Act No. 14214, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 15523, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 37 Omitted.