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ENFORCEMENT DECREE OF THE PUBLIC OFFICIALS PENSION ACT

Wholly Amended by Presidential Decree No. 29181, Sep. 18, 2018

Amended by Presidential Decree No. 30760, jun. 9, 2020

Presidential Decree No. 30807, jun. 30, 2020

Presidential Decree No. 30833, Jul. 14, 2020

Presidential Decree No. 31337, Dec. 29, 2020

Presidential Decree No. 31349, Dec. 31, 2020

Presidential Decree No. 31380, Jan. 5, 2021

Presidential Decree No. 31537, Mar. 16, 2021

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Public Officials Pension Act and those necessary for enforcing said Act.
 Article 2 (Employees Other than Regular Public Officials)
"Persons prescribed by Presidential Decree" in Article 3 (1) 1 (b) of the Public Officials Pension Act (hereinafter referred to as the "Act") means any of the following persons:
1. Registered security guards working for the State agencies or local governments under the Registered Security Guard Act;
2. Employees in charge of forest conservation working for the State agencies or local governments under the Arrangement of Staff Assigned for Special Forest Protection Act;
3. Standing members and full-time employees of committees, etc. of the State or local governments, each of whom receives a fixed amount of remuneration every month or salary equivalent thereto: Provided, That standing members and full-time employees of temporary advisory committees, and committees, etc. not based on any statute shall be excluded herefrom;
4. Other persons recognized by the Minister of Personnel Management from among the following persons, as employees other than regular public officials of the State or local governments:
(a) Persons who need to be recognized, considering the continuity of their duties, whether fixed amounts of remunerations are paid every month, etc.;
 Article 3 (Criteria for Recognizing Survivors)
(1) The criteria for recognizing whether a person who is or was a public official has been supporting a person falling under any item of Article 3 (1) 2 of the Act as at the time of his or her death shall be as specified in attached Table 1.
(2) "Disability prescribed by Presidential Decree" in the latter part, with the exception of the subparagraphs, of Article 3 (2) of the Act means a disability falling under any of Grade 1 through 7 of disability rating under Article 40 (1) of the Enforcement Decree of the Public Officials' Accident Compensation Act and attached Tables 3 and 4 of that Decree.
(3) "Disability prescribed by Presidential Decree" in Article 3 (2) 2 and 57 (1) 4 and 5 of the Act means a disability falling under any of Grade 1 through 7 of disability rating under Article 40 (1) of the Enforcement Decree of the Public Officials' Accident Compensation Act and attached Tables 3 and 4 of that Decree.
(4) The fact that an embryo or fetus is a child or grandchild or the fact of having a disability referred to in paragraph (2) shall be substantiated by a medical certificate issued by a medical care institution under Article 24 of the Public Officials' Accident Compensation Act (hereinafter referred to as "medical care institution").
 Article 4 (Scope of Income and Non-Taxable Income)
(1) The scope of income under Article 3 (1) 4 of the Act shall be the remuneration of the previous year received pursuant to the Acts, the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decrees, related to the remuneration of public officials (hereinafter referred to as "statutes, regulations, etc. related to the remuneration of public officials"): Provided, that the Minister of Personnel Management may decide the scope differently where it is deemed not appropriate to include it in the income that forms the basis for calculating contributions and benefits due to changes in the types of allowances or scope of taxation.
(2) Among the incomes referred to in paragraph (1), the following income shall be the amount (if the amount is less than 1,000 won, it shall be deemed 1,000 won) calculated by dividing the total amount paid to each type, grade and rank (including a class equivalent thereto; hereinafter the same shall apply) of the relevant public officials (including only the amount paid to the persons who have served continuously from January 1 to December 31 of the previous year) by the total number of the relevant public officials for each type, grade and rank as of the year-end. In such cases, the classification of the types, grades and ranks of public officials shall be determined by the Minister of Personnel Management:
1. Performance-based annual salaries, performance-based bonuses, bonuses, performance-based benefits paid under the statutes, regulations, etc. related to remuneration of public officials, or any remuneration equivalent thereto;
2. Overtime allowances (limited to overtime work allowances, night work allowances, and holiday work allowances) paid under the statutes, regulations, etc. related to remuneration of public officials, or any benefits equivalent thereto;
3. Compensation for unused annual leave paid under the statutes, regulations, etc. related to remuneration of public officials, or any remuneration equivalent thereto.
(3) The scope of non-taxable income under Article 3 (1) 4 of the Act shall be the non-taxable income accrued in the previous year under subparagraph 3 of Article 12 of the Income Tax Act.
 Article 5 (Determination of Amount of Standard Monthly Income)
(1) The amount of standard monthly income defined in Article 3 (1) 4 of the Act shall be calculated as follows:
1. Where a person has worked continuously from January 1 to December 31 of the previous year: (The amount obtained by excluding the non-taxable income referred to in Article 4 (3) from the income referred to in Article 4 (1) and (2) ÷ 12) × (1 + Percentage of increase in remuneration for public officials under paragraph (4));
2. Where a person has not worked continuously from January 1 to December 31 of the previous year, or where the period during which a person has worked for hours shorter than the normal working hours (hereinafter referred to as "period of part-time work") due to conversion to flexible working hours under Article 57-3 of the Decree on the Appointment of Public Officials, is included in the previous year: An amount calculated pursuant to Article 6 or 7.
(2) Notwithstanding paragraph (1), where a reason for providing benefits arises before deciding and applying the amount of standard monthly income for the pertinent year based on the income accrued in the previous year (referring to the period from January to April of the pertinent year), an amount calculated by adding the amount prescribed in subparagraph 2 to the amount prescribed in subparagraph 1 shall be the amount of standard monthly income for the pertinent year:
1. The amount calculated pursuant to paragraph (1) 1 - [(The amount obtained by excluding the non-taxable income referred to in Article 4 (3) from the amount referred to in Article 4 (2) ÷ 12) × (1 + Percentage of increase in remuneration for public officials under paragraph (4)];
2. (The amount obtained by excluding the non-taxable income referred to in Article 4 (3) from the amount referred to in Article 4 (2) that forms the basis of the amount of standard monthly income of the previous year ÷ 12) × (1 + Increase rate of salary class by each type, grade, and rank of public officials in the previous year).
(3) Notwithstanding paragraphs (1) and (2), where a reason for providing benefits (excluding retirement pension, early retirement pension, and survivors' pension) arises in the pertinent year after the increase of the amount of monthly salary due to promotion, transfer, change of assignment, etc., the amount obtained by adding the amount prescribed in subparagraph 2 to the amount prescribed in subparagraph 1 shall be the amount of standard monthly income for calculating the benefits: Provided, That in cases of retirement allowances, the amount obtained by adding the amount prescribed in subparagraph 3 to the amount prescribed in subparagraph 1 shall be the amount of standard monthly income:
1. The amount of standard monthly income for the month in which the date a reason for providing benefits calculated pursuant to paragraph (1) or (2) arises falls;
2. [The increased portion of the monthly amount of salary due to promotion, transfer, change of assignment, etc. (in cases of a public official subject to the annual salary system, referring to the increased portion of the amount equivalent to the amount of monthly salary under Article 2 (1) of the Addenda to the Public Officials Remuneration Regulations (Presidential Decree No. 20537))] x [(Number of months in which the monthly amount of salary has been increased) ÷ 12];
3. The increased portion of the monthly amount of salary due to promotion, transfer, change of assignment, etc. (in cases of a public official subject to the annual salary system, referring to the increased portion of the amount equivalent to the amount of monthly salary under Article 2 (1) of the Addenda to the Public Officials Remuneration Regulations (Presidential Decree No. 20537)).
(4) The Minister of Personnel Management shall publicly notify the percentage of increase in remuneration for public officials in the Official Gazette by January 25 of each year.
 Article 6 (Amount of Standard Monthly Income of Newly Employed Persons)
The amount of standard monthly income of a newly employed person shall be calculated on May 1 of each year by multiplying each of the following amounts by the number obtained by adding 1 to the percentage of increase in remuneration for public officials under Article 5 (4) (hereinafter referred to as "percentage of increase in remuneration for public officials"):
1. The amount equivalent to the average amount of standard monthly income of public officials of the same or similar type, grade, and rank as at the time he or she was appointed;
2. Where the amount of standard monthly income cannot be calculated pursuant to subparagraph 1, the amount calculated by dividing the annual amount to be received by 12 months, if he or she has worked continuously from January 1 to December 31 of the pertinent year.
 Article 7 (Amount of Standard Monthly Income during Period of Leave of Absence)
The amount of standard monthly income during the period of leave of absence or the period of part-time work shall be calculated on May 1 of each year by multiplying the amount of standard monthly income as of the date immediately preceding the commencement date of the period of leave of absence or as of the date immediately preceding the commencement date of the period of part-time work by the number obtained by adding 1 to the percentage of increase in remuneration for public officials.
 Article 8 (Period of Application of Amount of Standard Monthly Income)
(1) The period of application of the amount of standard monthly income under Article 5 (1) and the average amount of standard monthly income of all public officials under Article 26 (2) shall be from May of the pertinent year to April of the following year: Provided, That the amount of standard monthly income under Article 5 (1) 2 shall be applied from the time the amount of standard monthly income is determined and applied pursuant to Articles 6 and 7 until the amount of standard monthly income is determined and applied pursuant to Article 5 (1) 1.
(2) Notwithstanding paragraph (1), the amount of standard monthly income under Article 5 (1) and (2) of the year in which a reason for providing benefits has arisen shall be applied from January of the pertinent year until the month in which the date the reason for providing benefits has arisen falls.
 Article 9 (Submission of Income Data and Notification of Amount of Standard Monthly Income)
(1) The head of each agency dealing with pensions under Article 11 shall submit the following data to the Government Employees Pension Service under Article 4 of the Act by the deadline prescribed in the relevant subparagraph, to determine the amount of standard monthly income for the public officials under his or her jurisdiction:
1. Data evidencing the income under Article 4 (1), the amount referred to in each subparagraph of paragraph (2) of that Article, and non-taxable income under paragraph (3) of that Article: January 31 of each year;
2. Income data necessary to determine the amount of standard monthly income under Article 5 (2): Immediately after a reason for providing benefits arises;
3. Income data necessary to determine the increased portion of the monthly amount of salary under Article 5 (3) and the amount of standard monthly income under Article 6: The end of each month.
(2) The Government Employees Pension Service under Article 4 of the Act shall notify the amount of standard monthly income and contributions of each public official to the head of each agency dealing with pensions referred to in Article 11, no later than 10 days before the date remuneration is paid in May of each year.
(3) When submitting the data referred to in paragraph (1), the head of an agency dealing with pensions referred to in Article 11 may, if deemed necessary, require the head of another agency dealing with pensions to gather and submit such data together.
 Article 10 (Conversion of Amount of Standard Monthly Income into Current Value)
(1) Conversion of the amount of standard monthly income into the current value under the main clause of Article 3 (1) 5 of the Act shall be conducted by the method of converting it into the current value as at the time a reason for providing benefits has arisen, by multiplying the amount of standard monthly income by the number obtained by adding 1 to the percentage of increase in remuneration for public officials (referring to the nationwide consumer price fluctuation rate of the previous year compared to that of the year immediately preceding the previous year which is publicly notified by the Commissioner of the Statistics Korea each year under Article 3 of the Statistics Act, with regard to the period from the month in which the date of retirement falls to the month in which the date of re-appointment as a public official falls, where an aggregate length of service or an aggregate period of service is recognized under Article 25 (2) of the Act) in consecutive order for each period of application. <Amended on Mar. 16, 2021>
(2) Conversion of the average amount of standard monthly income into the current value under the proviso of Article 3 (1) 5 of the Act shall be conducted by the method of converting it into the current value as at the time of the commencement of the payment of pension, by multiplying the average amount of standard monthly income by the number obtained by adding 1 to the percentage of increase in remuneration for public officials in consecutive order for each year.
 Article 11 (Heads of Agencies Dealing with Pensions and Persons Liable to Collect Contributions)
(1) "Person prescribed by Presidential Decree" in Article 3 (1) 6 of the Act means any person specified in attached Table 2 (hereinafter referred to as "head of an agency dealing with pensions"): Provided, That the Government Employees Pension Service under Article 4 of the Act may, if deemed necessary to efficiently deal with affairs related to pensions, separately designate the head of an agency other than the heads of agencies dealing with pensions specified in attached Table 2 as the head of an agency dealing with pensions, in consideration of the location and the number of personnel of the relevant agency, and other circumstances.
(2) "Person prescribed by Presidential Decree" in Article 3 (1) 7 of the Act means a person who performs the duty of tax withholding under the Income Tax Act as an employee under the jurisdiction of the head of an agency dealing with pensions.
CHAPTER II THE GOVERNMENT EMPLOYEES PENSION SERVICE
 Article 12 (Registration of Establishment)
Matters to be registered for incorporating the Government Employees Pension Service under Article 4 of the Act (hereinafter referred to as the "GEPS") shall be as follows:
1. Objectives;
2. The name;
3. Places of location of its principal office and branches;
4. Date of authorization for incorporation;
5. Names and addresses of executive officers;
6. Where any executive officer's power of representation is limited, details of such limitation;
7. Method of public announcement.
 Article 13 (Matters to Be Decided by Board of Directors)
Each of the following matters shall require a decision by the board of directors:
1. The budget and settlement of accounts;
2. Setting of basic policy for operation of the GEPS, including a plan to operate its services, a financing plan, and a fund operation plan;
3. Amendment to its articles of incorporation;
4. Enactment, amendment, and repeal of regulations;
5. Acquisition, management, and disposal of major property.
 Article 14 (Business Operating Plans and Budget)
(1) Where the GEPS intends to obtain approval of a plan to operate its services and a budget from the Minister of Personnel Management pursuant to Article 19 (1) of the Act, it shall submit an application for approval to the Minister of Personnel Management, along with the following documents, no later than two months before the commencement of the fiscal year of the relevant services: <Amended on Jan. 5, 2021>
1. A plan to operate its services;
2. A bill of budget (including the general provisions of budget, estimated statement of financial position, estimated statement of profit or loss, and specifications annexed thereto).
(2) Where the GEPS intends to modify its plan to operate services and budget approved pursuant to paragraph (1), it shall submit a document stating the reasons for and details of modification to the Minister of Personnel Management.
 Article 15 (Accounting Rules)
The accounting rules of the GEPS under Article 20 (2) of the Act shall include the following:
1. Money transferred from the Public Official Pension Fund under Article 21 of the Act, and borrowing funds and making up for deficits by drawing money from the Public Official Pension Fund under Article 80 of the Act;
2. Revenues and expenditures of the Public Official Pension Fund;
3. Borrowings from the Public Official Pension Fund under Article 49 (3) of the Public Officials' Accident Compensation Act;
4. Other accounting affairs of the Public Official Pension Fund.
 Article 16 (Scope of Entrustment of Affairs)
The scope of affairs that the GEPS may entrust to post offices, local governments, financial institutions, public institutions under the Act on the Management of Public Institutions, or any other persons pursuant to Article 23 of the Act shall be as follows:
1. Receipt of contributions, pension contributions, and other expenses;
2. Payment of benefits;
3. Payment of various loans and receipt of repayments thereof;
4. Purchase of securities and collection of the principal and interest accrued therefrom;
5. Receipt of proceeds from the sale of property;
6. Business of purchasing sites for housing, constructing and selling or leasing housing for public officials, and other business related thereto;
7. Business of purchasing sites for welfare facilities, constructing and operating welfare facilities for public officials, and other business related thereto;
8. Management and operation of cash assets entrusted by the Retired Public Officials Benefit Society or retired public officials under Article 85 of the Act.
 Article 17 (Enactment and Amendment of Regulations)
When the GEPS enacts or amends any regulations related to its internal organization, personnel management of its employees, remuneration of its executive officers and employees, or auditing, it shall obtain approval from the Minister of Personnel Management.
CHAPTER III LENGTH OF SERVICE
 Article 18 (Period of Service Recognized as Length of Service)
"Period specified by Presidential Decree" in Article 25 (3) 1 of the Act means any of the following periods: <Amended on Jun. 30, 2020>
1. A period of actual duty service performed at a call for national defense or full-time reserve service;
2. A period of service as a member of social service personnel or volunteer for international cooperation at a call for supplementary service (limited to the period calculated pursuant to Article 151 of the Enforcement Decree of the Military Service Act);
3. Period of service as a member of alternative service personnel at a call for alternative service (limited to the period calculated pursuant to Article 151 of the Enforcement Decree of the Military Service Act).
 Article 19 (Notification of Reasons for Reducing Length of Service)
Where the head of an agency that has taken a disposition of a leave of absence, removal from office, suspension from office, or demotion, which corresponds to the reasons for reducing the length of service under Article 25 (5) of the Act, is different from the head of the agency dealing with pensions, the head of the agency that has taken such disposition shall notify such fact without delay to the head of the agency dealing with pensions.
 Article 20 (Procedures for Adding up Periods of Service)
(1) An application for permission to have an aggregate length of service under Article 26 (1) of the Act shall be submitted by the day preceding the date of retirement after appointment. <Newly Inserted on Mar. 16, 2021>
(2) Upon receipt of an application for permission to have an aggregate length of service under paragraph (1), the GEPS shall notify the applicant and the head of the relevant agency dealing with pensions of whether it is permitted to have an aggregate length of service or period of service, and other necessary matters. <Amended on Mar. 16, 2021>
 Article 21 (Method of Paying Amount to Be Returned)
(1) A person permitted to have an aggregate length of service pursuant to Article 26 (2) of the Act shall pay the amount of retirement benefits to be returned and interest thereon (hereinafter referred to as "amount to be returned") as classified below:
1. In cases of a lump-sum return: The amount shall be paid to a collecting agency under Article 63, by the end of the month following the month in which the permission date of aggregation falls;
2. In cases of a return in installments: A person liable to collect contributions shall collect it from remuneration of each month and pay to the GEPS, or a person permitted to have the aggregate length of service shall pay it to a collecting agency under Article 63, by the end of each month, from the month following the month in which the permission date of aggregation falls.
(2) Installment payment of an amount to be returned shall be made on a monthly basis; and the number of payment in installments shall depend on the wishes of the person permitted for aggregation, but it shall not exceed 60 times.
(3) Where a person permitted to have an aggregate length of service has retired or deceased and if there is any unpaid amount to be returned, the GEPS may pay benefits after deducting such amount to be returned.
 Article 22 (Calculation of Amount to Be Returned)
(1) When calculating an amount to be returned, the period of interest to be collected in addition to the amount of benefits to be returned shall be calculated based on the number of months counting from the month following the month in which the benefits were paid to the month in which the date the application for permission to have an aggregate length of service was received by the GEPS falls, and such interest shall be included in the amount of benefits on a yearly basis and the amount of interest thereafter shall be calculated based on such amount: Provided, That where the payment is made in installments pursuant to Article 26 (3) of the Act, the calculation period of interest to be added again shall be from the month following the month in which the aggregate length of service is permitted to the month in which the installment payment ends, and the amount to be paid per installment shall be the amount obtained by equally dividing the principal and interest by the number of installments.
(2) "Interest prescribed by Presidential Decree" in the main clause of Article 26 (2) of the Act means the interest calculated by applying the highest interest rate among the interest rates of time deposits as of January 1, which are applied for each relevant year by banks with nationwide business territory (hereinafter referred to as "nationwide banks") among banks established under the Banking Act, during the calculation period of interest.
(3) "Interest prescribed by Presidential Decree" in the latter part of Article 26 (3) of the Act shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of the year in which the aggregate length of service was permitted, but where the difference between the interest rate applied during the installment payment and the interest rate applied as at the time the aggregate length of service was permitted is not less than two percent point, it means the interest calculated by applying the increased or decreased interest rate. The same shall also apply where the interest rate increases or decreases again by at least two percentage points, compared to the interest rates changed during the installment payment.
(4) The calculation period of interest for arrears where an amount to be returned has not been paid by the payment deadline prescribed in Article 21 (1) shall be the delinquent period (calculated on a daily basis), and the interest rate applicable in such cases shall be twice the highest interest rate among the interest rates of time deposits with a maturity of one year which are applied by nationwide banks as of January 1 of each relevant year during the calculation period of the interest.
 Article 23 (Procedures for Calculating Period of Service before Appointment)
(1) An application for inclusion of the period of service under Article 27 of the Act shall be submitted by the day preceding the date of retirement after appointment. <Newly Inserted on Mar. 16, 2021>
(2) Upon receipt of an application for inclusion of the period of service under paragraph (1), the GEPS shall decide whether to include it in the length of service and notify the applicant and the head of the relevant agency dealing with pensions of its decision. <Amended on Mar. 16, 2021>
CHAPTER IV BENEFITS
SECTION 1 General Provisions
 Article 24 (Confirmation of Reasons for Providing Benefits and Deliberation on Benefits)
"Matters prescribed by Presidential Decree, such as whether there is a reason to pay a disability pension or lump sum payment for disability under Article 59 or to restrict the benefits under Article 63 (3)" in the proviso of Article 29 (1) of the Act means the following:
1. Whether to exercise all or part of the right to claim damages against a third party pursuant to the proviso of Article 42 (1) of the Act;
2. Whether a person in question falls under a reason to impose restriction on benefits pursuant to Article 63 (3) of the Act;
3. Whether a person in question falls under any disability referred to in Article 3 (2) or (3) or 40;
4. Determination of and amendment to disability ratings under Articles 54 and 56;
5. Other matters determined by the Minister of Personnel Management relating to the determination or payment of benefits.
 Article 25 (Entrustment of Authority to Determine Benefits)
Pursuant to Article 29 (2) of the Act, the Minister of Personnel Management shall entrust the GEPS with his or her authority to determine benefits under paragraph (1) of that Article.
 Article 26 (Average Amount of Standard Monthly Income of All Public Officials)
(1) Article 10 shall apply mutatis mutandis to the method of converting the amount obtained by dividing the total amount of money calculated pursuant to each item of Article 30 (2) 1 of the Act by 3 into the current value as at the time the payment of pensions begins.
(2) The average amount of standard monthly income of all public officials under Article 30 (3) of the Act shall be calculated by dividing the total amount of standard monthly income of all public officials (including only those who have worked continuously from January 1 to December 31 of the previous year; hereafter in this Article, the same shall apply) by the number of all public officials, but an amount less than 10,000 won shall be deemed 10,000 won. <Amended on Mar. 16, 2021>
(3) Where the amount calculated according to the following formula exceeds an amount equivalent to 160 percent of the average amount of standard monthly income of all public officials in the previous year when the amount of standard monthly income of each public official is calculated in order to calculate the average amount of standard monthly income of all public officials under paragraph (2), the excess amount shall be excluded: Amount of income under Article 4 (1) and (2) excluding non-taxable income under paragraph (3) of the same Article / 12 <Newly Inserted on Mar. 16, 2021>
(4) The Minister of Personnel Management shall publicly notify the average amount of standard monthly income of all public officials in the Official Gazette by April 30 of each year. <Amended on Mar. 16, 2021>
 Article 27 (Method of Paying Benefits to Representative of Survivors)
(1) If at least two persons among survivors are in the same order to receive survivors' benefits and delegate the receipt of the benefits payable to all of them to a representative selected among the survivors in the same order or their legal representatives, the whole amount may be paid to the representative instead of equally dividing and paying the benefits to each of them pursuant to Article 32 of the Act.
(2) Delegation under paragraph (1) shall be made by submitting to the GEPS a document evidencing the selection of their representative and is autographed by delegating persons, along with the documents classified as follows:
1. If a delegating person is an adult: A copy of an identity card issued by a public institution, which makes it possible to identify the delegating person, such as his or her resident registration card;
2. If a delegating person is a minor: A copy of an identification card issued by a public institution, which makes it possible to identify the legal representative oneself, such as the his or her resident registration card.
 Article 28 (Special Cases concerning Payment of Benefits Where No Survivor Exists)
(1) "Amount of money not exceeding the limit prescribed by Presidential Decree" in Article 33 (1) of the Act means the amount of money classified as follows:
1. Benefits which are a pension: The amount calculated by multiplying three years’ worth of the original amount of a pension (referring to the amount equivalent to the early retirement pension as at the time of death, where a person who is or was a public official deceases before reaching the age eligible to receive a retirement pension referred to in Article 43 (1) 1 through 4 of the Act; or referring to the amount equivalent to the early retirement pension calculated based on the premise that he or she deceased after the number of years falling short is more than four years but not more than five years, where heor she deceased after the number of years less than the time under Article 43 (2) of the Act exceeds five as at the time of death) by the rate calculated according to the following formula:
[36 - (Number of months during which a pension can be paid until death under Article 34 (1) of the Act)] ÷ 36;
2. Other benefits: The whole original amount of benefits: Provided, That in cases of lump-sum survivors' pension or lump-sum payment to survivors, the amount shall be 1/2 of the original amount of benefits.
(2) The GEPS may pay the benefits referred to in paragraph (1) to the head of the agency dealing with pensions of a person who is or was a public official who deceased without leaving even a lineal ascendant or descendant who is not a survivor, to use them to prepare a tomb, utensils for commemorative rites, monument, etc. or to cover expenses for commemoration projects, etc. or medical care expenses incurred before his or her death.
 Article 29 (Payment and Receipt of Benefits)
(1) The GEPS shall pay benefits using a savings account of the eligible recipient of benefits opened at a post office or financial institution entrusted with the affairs related to the payment of benefits by the GEPS under Article 23 of the Act and Article 16 of this Decree: Provided, That where deemed necessary to protect the right to receive benefits pursuant to Article 39 of the Act, a different method of payment may be determined by the GEPS.
(2) Benefits deposited at a savings account of an eligible recipient of benefits pursuant to paragraph (1) shall be deemed received by the eligible recipient.
 Article 30 (Issuance of Pension Certificate)
The GEPS shall issue a pension certificate to each person who receives benefits which are a pension (hereinafter referred to as "recipient of a pension").
 Article 31 (Payment Date of Pensions)
The payment date of benefits which are a pension under Article 34 (3) of the Act shall be the 25th day of each month: Provided, That if the payment date is a Saturday or public holiday, the pension shall be paid on the date immediately preceding such day and may be paid before such payment date if the entitlement to receive a pension becomes extinguished.
 Article 32 (Claim for Settlement of Pensions for Reason of Emigration or Loss of Nationality)
(1) If a person entitled to receive benefits which are a pension (hereinafter referred to as "eligible recipient of a pension") who emigrates to a foreign country intends to receive a lump-sum payment in lieu of the benefits which are a pension pursuant to Article 36 (1) of the Act, he or she shall submit to the GEPS a claim for settlement of the pension, along with documents substantiating emigration, such as a written confirmation of reporting emigration under Article 5 (2) of the Enforcement Decree of the Emigration Act. <Amended on Mar. 16, 2021>
(2) If a eligible recipient of a pension who has lost his or her Korean nationalty intends to settle and receive a lump-sum payment of benefits which are a pension pursuant to Article 36 (2) of the Act, he or she shall submit to the GEPS a claim for settlement of the pension, along with documents substantiating the loss of his or her Korean nationality, such as a certified copy of archived family register or an identification certificate among certificates on the recorded matters of family relations.
 Article 33 (Investigation of Personal Affairs of Recipients of Pensions)
(1) To identify any changes in the status of a recipient of a pension affecting benefits which are a pension, the GEPS may request the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over his or her place of residence or place of registration to investigate his or her personal affairs, pursuant to Article 93 of the Act.
(2) The Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu upon receipt of a request for investigation under paragraph (1) shall investigate the requested matters without delay and notify the GEPS of the findings thereof.
(3) To check the changes in or extinguishment of the entitlement to receive a pension, the GEPS may investigate the recipient, his or her family members, etc. regarding whether the recipient deceased or divorced, maintains a livelihood, etc. or request them to submit data related thereto, pursuant to Article 93 (1) and (2).
(4) A recipient residing in a foreign country shall submit documents stating changes in his or her status as of May 31 of each year to the GEPS by June 30 of each year after obtaining confirmation from the head of the competent diplomatic mission abroad (in cases of a country where no diplomatic mission abroad has been established, referring to the head of a diplomatic mission abroad located in an adjacent country).
(5) If a recipient fails to submit the data referred to in paragraph (3) or (4) without good reason, the GEPS may suspend the payment of benefits pursuant to Article 93 (5) of the Act. In such cases, the fact that the payment of benefits may be suspended if the data referred to in paragraph (3) or (4) are not submitted shall be notified in advance to the recipient, his or her family members, etc. before suspending the payment of benefits.
(6) The GEPS shall resume payment of benefits immediately after the reason for the suspension of benefits under paragraph (5) is resolved.
 Article 34 (Withdrawal of Benefits)
(1) The interest and expenses incurred in withdrawing benefits which shall be collected in addition to the amount of benefits pursuant to the latter part, with the exception of the subparagraphs, of Article 37 (1) of the Act shall be as follows. In such cases, the calculation period of the interest to be added to the amount of benefits shall be from the date following the date the benefits are received to the date the amount of benefits and interest to be withdrawn (hereinafter referred to as "amount to be withdrawn") are determined and notified, and such interest shall be included in the amount of benefits on a yearly basis and the amount of interest thereafter shall be calculated based on such amount:
1. Interest: The amount calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year;
2. Expenses incurred in withdrawing benefits: The amount calculated by the GEPS as travel expenses required to investigate the withdrawal of benefits and other expenses required for the withdrawal.
(2) Where a person liable to pay an amount to be withdrawn fails to pay it by the payment deadline pursuant to the latter part, with the exception of the subparagraphs, of Article 37 (1) of the Act, the interest for arrears shall be the amount calculated by applying the interest rate that is twice the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year during the calculation period of the interest for arrears. In such cases, where the amount to be withdrawn is not paid by the payment deadline, the calculation period of interest for arrears shall be from the date following the deadline to the date the amount to be withdrawn is paid.
(3) Where a person who has received benefits or the head of an agency dealing with pensions finds any fact falling under any subparagraph of Article 37 (1) of the Act, he or she shall without delay report or notify such fact to the GEPS.
(4) When the GEPS finds any reason for withdrawal of benefits by receiving a report or notification under paragraph (3) or by any other means, it shall conduct an investigation without delay, send a written notice of return of the amount to be withdrawn to the person who has received the benefits, and notify the head of the competent agency dealing with pensions of the fact thereof.
(5) A person upon receipt of a written notice of return under paragraph (4) shall pay the amount to be withdrawn within 30 days from the date of receiving the written notice of return: Provided, That in cases falling under Article 37 (1) 2 and 3, he or she may submit an application for installment payments of the amount to be withdrawn to the GEPS, obtain approval therefrom, and make installment payments each month from the month following the month in which the date of such approval falls, to the extent classified as follows:
1. Where the amount to be returned is less than 10 million won: 20 installments;
2. Where the amount to be returned is at least 10 million won but less than 20 million won: 40 installments;
3. Where the amount to be returned is at least 20 million won: 60 installments.
(6) Interest to be added where installment payments are made pursuant to the proviso, with the exception of the subparagraphs, of paragraph (5) (excluding cases falling under Article 37 (1) 3 of the Act where benefits are erroneously paid from the beginning due to a mistake of, or omission by, the head of an agency dealing with pensions or the GEPS) shall be calculated by applying the interest rate prescribed in paragraph (1) 1 to the amount to be withdrawn during the period of installment payments. In such cases, the amount to be paid per installment shall be the amount calculated by equally dividing the principal and interest by the number of installments.
(7) Where a person who obtains approval of installment payments of an amount to be withdrawn pursuant to the proviso, with the exception of the subparagraphs, of paragraph (5) fails to make installment payments for at least three months, the GEPS may cancel the approval of installment payments and withdraw the amount to be returned and interest for arrears in a lump.
(8) Where the whole amount to be returned by the payment deadline prescribed in the main clause, with the exception of the subparagraphs, of paragraph (5) (in cases of installment payments under the proviso, with the exception of the subparagraphs, of that paragraph, referring to the payment deadline of the last installment payment) is not paid or where the amount to be returned and interest for arrears are to be withdrawn in a lump pursuant to paragraph (7), the GEPS shall collect them in the same manner as delinquent national taxes are collected pursuant to Article 37 (2) of the Act.
 Article 35 (Writing-Off)
(1) The GEPS may write off benefits pursuant to Article 37 (3) 3 of the Act in any of the following cases:
1. Where the whereabouts of the defaulter is unknown for a long period or it turns out that the defaulter has no property;
2. Other cases where it is deemed impossible to withdraw benefits due to any unavoidable reason.
(2) Where the GEPS intends to write off benefits pursuant to paragraph (1) 2, it shall obtain approval from the Minister of Personnel Management.
 Article 36 (Adjustment to Other Benefits Borne by the State)
(1) The amount to be deducted from the amount of benefits pursuant to Article 41 (1) of the Act shall be as follows:
1. If the length of service which is the basis for calculating the benefits specified in Article 28 of the Act and the length of service which is the basis for calculating retirement payments to be borne by the State, etc. under other statutes and regulations overlap, the amount equivalent to the pension contributions among the amount equivalent to the amount of benefits for the length of period overlapped since January 1, 1960. In such cases, the amount equivalent to the pension contributions shall be obtained by multiplying the amount of contributions of the recipient for the month in which the overlapping length of service ends by the number of overlapping months of service;
2. Amount to be borne by the State or a local government under the State Compensation Act, the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, or any other statutes and regulations on the same ground as the ground for paying the disability pension for reasons other than official duties under subparagraph 3 (a) of Article 28 of the Act or the lump-sum payment for disability for reasons other than official duties under item (b) of that subparagraph among the benefits specified in Article 28 of the Act.
(2) When a claim for benefits is received, the head of each agency dealing with pensions shall investigate and check whether there is any reason for deduction referred to in the subparagraphs of paragraph (1), and if there is any reason for deduction, he or she shall state such reason on the written claim for benefits and transfer it to the GEPS.
 Article 37 (Adjustment to Third Party's Compensation for Damage)
(1) Where a public official becomes disabled due to a third party's violation, the person entitled to the disability pension for reasons other than official duties under subparagraph 3 (a) of Article 28 of the Act or the lump-sum payment for disability for reasons other than official duties under item (b) of that subparagraph and the medical care institution in charge of the convalescent care shall report without delay to the head of the agency dealing with pensions the fact that the relevant person has become disabled due to the third party's violation.
(2) The head of each agency dealing with pensions upon receipt of a report under paragraph (1) shall without delay investigate the progress of the violation and matters concerning compensation for damage under the Compulsory Motor Vehicle Liability Security Act or any other statutes and regulations and transfer the written investigation to the GEPS.
SECTION 2 Retirement Benefits
 Article 38 (Application of Upper Age Limit for Service)
The upper age limit for service of public officials whose upper age limit for service is not prescribed in any Act or the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decrees (hereinafter referred to as "statutes, regulations, etc. related to the appointment of public officials") pursuant to Article 43 (1) 2 of the Act shall be as follows:
1. Where the upper age limit for service is prescribed by municipal ordinances: The upper age limit for service prescribed by them;
2. Where the upper age limit for service is not prescribed by the statutes, regulations, etc. related to the appointment of public officials and municipal ordinances: The age determined by the Minister of Personnel Management taking into account the retirement age for service prescribed by the State Public Officials Act and the Local Public Officials Act.
 Article 39 (Confirmation of Retirement due to Alteration or Abolition of Table of Organization and Fixed Number of Personnel)
(1) Where any public official under the jurisdiction of the head of an agency dealing with pension retires due to the defunctness of his or her position caused by the alteration or abolition of the table of organization or the fixed number of personnel or a reduction, etc. in budget, or due to the number of public officials exceeding the fixed number of personnel pursuant to Article 43 (1) 4 of the Act, the head of the agency dealing with pensions shall submit to the Minister of Personnel Management data that can verify the reasons for such retirement, fixed number of personnel, current number of personnel, etc.
(2) Through the data submitted pursuant to paragraph (1), the Minister of Personnel Management shall confirm whether the retirement of the relevant public official corresponds to a retirement referred to in Article 43 (1) 4 of the Act and send a written confirmation to the head of the relevant agency dealing with pensions.
 Article 40 (Disabilities Eligible to Receive Retirement Pensions)
"Disability prescribed by Presidential Decree" in Articles 43 (1) 5 and 44 of the Act means a disability falling under any of Grades 1 through 7 of disability ratings under Article 40 (1) and attached Tables 3 and 4 of the Enforcement Decree of the Public Officials' Accident Compensation Act, respectively. <Amended on Mar. 16, 2021>
 Article 41 (Claims for Retirement Benefits)
(1) A person who intends to receive a retirement pension, early retirement pension, lump-sum retirement pension, lump-sum retirement pension after deductions, or lump-sum payment on retirement pursuant to Article 43 or 51 of the Act, shall submit a written claim for retirement benefits to the GEPS.
(2) Notwithstanding paragraph (1), where a person who meets the criteria prescribed by the GEPS intends to claim a lump-sum payment on retirement and where the length of his or her service is short or the amount thereof is small, he or she may claim the lump-sum payment on retirement by telephone without submitting a written claim for retirement benefits. In such cases, the GEPS shall take a verification process, such as recording, to verify his or her identity, the fact of filing the claim, etc.
(3) Where a person who intends to claim a retirement pension by falling under a disability referred to in Article 43 (1) 5 of the Act and Article 40 of this Decree, he or she shall submit a written claim for retirement benefits referred to in paragraph (1), along with a medical certificate of disability for public official pension issued by a medical care institution.
 Article 42 (Special Cases concerning Calculation of Retirement Benefits)
(1) Where a retired public official, a member of the Republic of Korea Armed Forces, or a private school teacher or staff, who has been appointed as a public official and retires after adding the length of service pursuant to Article 25 (2) of the Act, intends to receive a lump-sum retirement pension or lump-sum payment on retirement and if the amount of such benefits is less than the amount obtained by adding the amount to be returned, the interest thereon (referring to the amount calculated as compound interest on a yearly basis by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year after paying the amount to be returned), and the lump-sum retirement pension or lump-sum payment on retirement applicable for the length of service after being reappointed as a public official, the added amount shall be paid.
(2) Where a person, who has been appointed as a public official and retires after including the period of service in the length of service pursuant to Article 25 (3) of the Act, intends to receive a lump-sum retirement pension or lump-sum payment on retirement and if the amount of such benefits is less than the amount obtained by adding the contributions to be paid retroactively under Article 67 (3) of the Act, the interest thereon under Article 379 of the Civil Act, and the lump-sum retirement pension or lump-sum payment on retirement applicable for the length of service after being appointed as a public official, the added amount shall be paid.
 Article 43 (Reporting on Loss of Entitlement to Receive Retirement Pension, Early Retirement Pension, and Disability Pension for Reasons Other than Official Duties)
When a recipient of retirement pension under Article 43 (1) of the Act, early retirement pension under Article 43 (2) of the Act, or disability pension for reasons other than official duties under Article 59 of the Act deceases, a person responsible for filing a report of death under Article 85 of the Act on Registration of Family Relations shall report such fact to the GEPS within 30 days from the date of death.
 Article 44 (Marriage Period Which Is Excluded from Calculation of Split Pension)
(1) In calculating a marriage period under Article 45 (1) of the Act, any of the following periods shall be excluded from the marriage period:
1. The period of disappearance under Article 27 (1) of the Civil Act;
2. The period during which a domicile is registered as unknown under Article 20 (6) of the Resident Registration Act.
(2) Notwithstanding paragraph (1), if any of the following periods exists, such period shall be excluded from the marriage period:
1. The period during which the divorced parties agree that no de facto conjugal relationship has existed;
2. The period during which it is recognized by the court trial, etc. that no de facto conjugal relationship has existed.
(3) An eligible recipient of retirement benefits under subparagraph 1 of Article 28 of the Act, an eligible recipient of a split pension under Article 45 (1) of the Act, or a person who claims the split of a lump-sum retirement pension, etc. under Article 49 (1) of the Act, to whom any period prescribed in paragraph (1) or (2) applies, shall report thereon to the GEPS.
(4) Detailed matters regarding the procedures and methods for reporting under paragraph (3) shall be prescribed by Ordinance of the Prime Minister.
 Article 45 (Procedures for Claiming Split Pension)
(1) A person who intends to claim a split pension pursuant to Article 45 (3) of the Act (including cases of filing a claim to split a lump-sum retirement pension, etc. pursuant to Article 49 of the Act) or who intends to claim a split pension in advance pursuant to Article 48 (1) of the Act shall prepare and submit the following documents to the GEPS, along with a written claim for split pension, etc.: Provided, That a person who has been in a de facto conjugal relationship shall submit to the GEPS a document substantiating such fact, along with a written claim for split pension, etc.:
1. One copy of a family relation certificate;
2. One copy of a marriage relation certificate;
3. Each of a certified copy of household resister and a certified copy of individual register.
(2) A split pension under Article 45 (1) of the Act shall be paid from the month following the month in which the date the reason for the payment arises falls to the month in which the date the reason for the payment ceases to exist falls.
(3) A person who intends to revoke a prior claim for a split pension pursuant to Article 48 (3) of the Act shall submit to the GEPS an application for revoking a prior claim for a split pension, along with a copy of his or her identification card, such as a resident registration certificate.
 Article 46 (Designation and Public Notice of Invested or Funded Institutions Subject to Suspension of Payment of Whole Amount of Pension)
(1) Judgment on whether an institution is the one in which the State or a local government has invested or funded the whole amount under Article 50 (1) 3 through 5 of the Act shall be based on the average rate of the investment or fund made by the State or a local government for the last three years, which is calculated on the basis of the financial statements for the settlement of accounts.
(2) In judging whether an institution is the one in which the State or a local government has invested or funded the whole amount under Article 50 (1) 3 through 5 of the Act, an institution in which the institution wholly invested or funded by the State or local governments has invested or funded the whole amount shall be deemed an institution in which the State or local government has invested or funded the whole amount.
(3) To identify whether an institution constitutes the one falling under any of Article 50 (1) 3 through 5 of the Act, the Minister of Personnel Management may request the head of a central administrative agency, the head of a local government, or the head of the relevant invested or funded institution to submit related data.
(4) The head of an institution or the head of a local government upon receipt of a request to submit data under paragraph (3), shall comply with such request unless there is a compelling reason not to do so.
(5) The Minister of Personnel Management shall designate institutions falling under Article 50 (1) 3 through 5 of the Act and publicly notify such fact in the Official Gazette by January 25 of each year.
 Article 47 (Suspension of Payment of Retirement Pension, Early Retirement Pension, or Disability Pension for Reasons Other than Official Duties)
(1) Where a recipient of a retirement pension, early retirement pension, or disability pension for reasons other than official duties (hereafter in this Article, referred to as "recipient of a retirement pension, etc.") is appointed as or retires from a public official, a member of the Republic of Korea Armed Forces, or a private school teacher or staff subject to the application of the Act, the Military Pension Act, or the Pension for Private School Teachers and Staff Act, he or she shall, within 10 days therefrom, submit a report on reappointment or re-retirement to the GEPS after obtaining confirmation thereon from the head of the competent agency dealing with pensions or the head of the institution to which he or she belongs.
(2) The amount of monthly income referred to in the former part, with the exception of the subparagraphs, of Article 50 (3) of the Act shall be calculated by dividing the amount of income accrued for one year from January 1 to December 31 (an amount less than 10,000 won shall not be calculated) by the number of months during which income accrues. <Amended on Mar. 16, 2021>
(3) Where the amount of monthly income accrued in the pertinent year exceeds the amount of monthly average pension of the preceding year pursuant to the former part, with the exception of the subparagraphs, of Article 50 (3) of the Act, the payment of a retirement pension, early retirement pension, or disability pension for reasons other than official duties (hereafter in this Article, referred to as "retirement pension, etc.") shall be partially suspended, and the amount of payment to be first suspended shall be calculated by applying the amount of monthly average pension of the preceding year and be settled after the final return on the tax base is filed pursuant to paragraph (5).
(4) The GEPS shall suspend the payment of a retirement pension, etc. of the pertinent year based on data provided by a State agency, etc. pursuant to Article 93 (3) of the Act: Provided, That where it is impossible to confirm the amount of income of a recipient of a retirement pension, etc. with the data provided by the State agency, etc., the payment of the retirement pension, etc. shall be suspended based on the amount of income accrued in the previous year or in the year immediately preceding the previous year.
(5) Where the payment of a retirement pension, etc. is suspended pursuant to the Article 50 of the Act, the GEPS shall determine the amount of pension to be suspended for the pertinent year after the final return on the tax base is filed pursuant to Article 70 of the Income Tax Act and shall add thereto or deduct therefrom the difference incurred from settling the balance when it pays the retirement pension, etc. in the following month and thereafter: Provided, That where a recipient of a pension retirement, etc. requests to adjust the amount of pension to be suspended by submitting an application for adjustment of the amount of pension to be suspended, along with objective data evidencing the income accrued during the pertinent year, the amount of pension to be suspended from payment may be adjusted before the final return on the tax base is filed. <Amended on Mar. 16, 2021>
(6) Where it turns out that a recipient of a retirement pension, etc. has no income other than the retirement pension, etc. in the month in which the difference incurred from settling the balance under the main clause of paragraph (5) is deducted, the amount of difference incurred from settling the balance shall be deducted within the range of 20 percent of the relevant amount of monthly pension.
(7) The average amount of standard monthly income of all public officials in the previous year under the proviso, with the exception of the subparagraphs, of Article 50 (1) of the Act shall apply from January to December of the pertinent year based on the amount calculated in May of the previous year.
 Article 48 (Application to Change Kind of, or Timing for Paying, Retirement Benefits)
(1) Where a person who has applied for retirement benefits or survivors' benefits intends to change the kind of benefits or the timing for paying an early retirement pension, he or she shall submit an application for such change to the GEPS within 30 days before the payment of benefits begins or from the payment date of the benefits (in cases of benefits which are a pension, referring to the date of the first payment).
(2) In cases falling under paragraph (1), benefits already received shall be returned together with the interest (which shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year) calculated by the number of days from the date following the date the benefits are received to the date they are returned.
(3) Where the kind of, or timing for paying, retirement benefits, is changed pursuant to paragraph (1), a person who has claimed a split pension pursuant to Article 45 of the Act, a person who has claimed a split pension in advance pursuant to Article 48 of the Act, or a person who has filed a claim to split a lump-sum retirement pension, etc. pursuant to Article 49 of the Act shall also be deemed to file an application to change the kind of, and timing for paying, retirement benefits in the same manner.
 Article 49 (Payment of Retirement Benefits for Missing Persons)
(1) Where a person who will become an heir or heiress of a person entitled to receive retirement benefits (who shall fall under the range of survivors under Article 3 of the Act; hereafter in this paragraph, the same shall apply) intends to receive retirement benefits pursuant to Article 52 (1) of the Act, he or she shall submit to the GEPS a written claim for retirement benefits, along with the following documents:
1. A document evidencing that the relevant person will become an heir or heiress;
2. A document evidencing that the claimant is the representative of those who will be heirs or heiresses, where such claim is filed by the representative among those who will become the heirs or heiresses in the same order of priority;
3. A document evidencing that the person entitled to receive retirement benefits is missing for at least one year (referring to such document certified by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the chief of a police station, and the head of each agency dealing with pensions).
(2) "Interest prescribed by Presidential Decree" in the proviso of Article 52 (3) of the Act and the latter part of paragraph (4) of that Article, respectively, means the interest to which the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year is applied.
(3) A person who intends to receive an amount equivalent to the difference of the amounts of benefits pursuant to the latter part of Article 52 (4) of the Act shall submit a written claim to the GEPS.
 Article 50 (Amount of Standard Monthly Income When Transferring Retirement Benefits Relating to Transfer to Public Enterprise)
The amount of standard monthly income, under Article 53 (2) of the Act, of the relevant public official as at the time he or she retires from a public enterprise or deceases shall be the amount of standard monthly income converted into the current value as of the year in which he or she retires from the public enterprise or deceases, by multiplying the amount of standard monthly income as at the time he or she retires from a public official by the number obtained by adding 1 to the percentage of increase in remuneration for public officials in consecutive order.
SECTION 3 Survivors' Benefits
 Article 51 (Claim for Survivors' Pension, Additional Payment to Survivors' Pension, Special Additional Payment to Survivors' Pension, Lump-Sum Survivors' Pension, or Lump-Sum Payment to Survivors)
A person who intends to receive a survivors' pension, additional payment to survivors' pension, special additional payment to survivors' pension, lump-sum survivors' pension, or lump-sum payment to survivors pursuant to Article 54, 55, or 58 of the Act shall submit to the GEPS a written claim for survivor's benefits, along with the following documents:
1. A document evidencing the fact that the person entitled to receive a retirement allowance or early retirement allowance has deceased and the claimant is a survivor of the deceased;
2. A document evidencing that the claimant is the representative of the survivors under Article 27, where such claim is filed by the representative among the survivors in the same order of priority.
 Article 52 (Application for Transfer of Entitlement to Receive Survivors' Pension)
Where the whereabouts of an eligible recipient of a survivors' pension is unknown for at least one year or such entitlement is lost and a survivor in the same order of priority or in the next order intends to receive the survivors' pension pursuant to Article 56 or 57 (2) of the Act, the relevant survivor shall submit to the GEPS an application for the transfer of the entitlement to receive the survivors' pension, along with the following documents:
1. A document evidencing the applicant is a survivor of the person entitled to receive the retirement pension or early retirement pension;
2. A document evidencing that the claimant is the representative of the survivors under Article 27, where such claim is filed by the representative among the survivors in the same order of priority.
3. A document classified as follows:
(a) A document evidencing that the whereabouts of the person entitled to receive the survivors' pension is unknown for at least one year: A document certified by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the chief of a police station;
(b) A document evidencing the loss of the entitlement to receive the survivors' pension: A document classified as follows:
(i) Where the person deceases or remarries, where his or her kinship with the deceased who was a public official is terminated, or where a child or grandchild who does not have a disability becomes 19 years of age: A certificate on the recorded matters of family relations or a certified copy of household register;
(ii) Where a disability of a child or grandchild who is at least 19 years of age has been rehabilitated: A medical certificate issued by a medical care institution.
 Article 53 (Reporting on Loss of Entitlement to Receive Survivors' Pension)
Where an eligible recipient of a survivors' pension loses such entitlement pursuant to Article 57 (1) of the Act, any of the following persons shall report such fact to the GEPS within 30 days from the date such cause arises:
1. Where the eligible recipient of a survivors' pension deceases: A person responsible for filing a report of death under Article 85 of the Act on Registration of Family Relations;
2. Where the person remarries or where the kinship with the deceased who was a public official is terminated: The person;
3. Where a child or grandchild becomes 19 years of age: The person or a person who was his or her legal representative;
4. Where a disability of a child or grandchild who is at least 19 years of age has been rehabilitated: The person or a person who is or was his or her legal representative.
SECTION 4 Disability Benefits for Reasons Other than Official Duties
 Article 54 (Classification of Disability Ratings)
Article 40 of the Enforcement Decree of the Public Officials' Accident Compensation Act and attached Tables 3 and 4 of that Decree, respectively, shall apply mutatis mutandis to the classification of disability ratings of persons eligible to receive disability benefits for reasons other than official duties under Article 59 of the Act and the degree of disability under Article 61 (2) of the Act.
 Article 55 (Claim for Disability Benefits for Reasons Other than Official Duties)
A person who intends to receive a disability pension for reasons other than official duties or disability lump-sum payment for reasons other than official duties pursuant to Article 59 (1) of the Act shall submit to the GEPS a written claim for the disability pension for reasons other than official duties, along with the following documents:
1. A medical certificate of disability for public official pension issued by a medical care institution;
2. An explanatory note on disability.
 Article 56 (Amendment to Disability Ratings)
(1) Where the degree of disability of a recipient of a disability pension for reasons other than official duties has worsened or improved, he or she shall submit to the GEPS an application to amend a disability rating pursuant to Article 60 of the Act, along with a medical certificate of disability for public official pension issued by a medical care institution.
(2) To check whether the degree of disability referred to in Article 3 (2), 44, 57, or 60 of the Act has worsened or improved and whether it falls under a disability prescribed by the Public Officials' Accident Compensation Act, the GEPS may require a recipient of a pension to receive a diagnosis at a medical care institution designated by the GEPS.
(3) The GEPS shall bear the cost of a diagnosis where it requires the diagnosis to be given pursuant to paragraph (2).
SECTION 5 Retirement Allowance
 Article 57 (Claim for Retirement Allowance)
(1) A person who intends to receive a retirement allowance pursuant to Article 62 (1) of the Act shall submit a written claim for retirement allowance to the GEPS.
(2) Notwithstanding paragraph (1), where a person who meets the criteria prescribed by the GEPS intends to claim a retirement allowance and where the length of his or her service is short or the amount thereof is small, he or she may claim the retirement allowance by telephone without submitting a written claim for retirement allowance. In such cases, the GEPS shall take a verification process, such as recording, to verify his or her identity, the fact of filing the claim, etc.
 Article 58 (Retirement Allowance)
(1) "Percentage prescribed by Presidential Decree" in the formula provided in Article 62 (2) of the Act means the percentage classified as follows:
1. Where the length of service is at least one year but less than five years: 6.5 percent;
2. Where the length of service is at least five years but less than 10 years: 22.75 percent;
3. Where the length of service is at least 10 years but less than 15 years: 29.25 percent;
4. Where the length of service is at least 15 years but less than 20 years: 32.5 percent;
5. Where the length of service is at least 20 years: 39 percent.
(2) In calculating a retirement allowance pursuant to Article 62 (2) of the Act, the length of service shall not exceed 33 years.
SECTION 6 Limitations on Benefits
 Article 59 (Reduction of Benefits due to Intention or Gross Negligence)
Where a person who is or was a public official falls under any subparagraph of Article 63 (3) of the Act, a disability pension for reasons other than official duties or lump-sum payment for disability for reasons other than official duties shall be paid after deducting 1/2 of the amount of the benefits. In such cases, benefits which are a pension shall apply from the month following the month in which the date a reason for providing benefits arises falls.
 Article 60 (Reduction of Benefits in Cases of Refusing Diagnosis)
Pursuant to Article 64 of the Act, where a person who is or was a public official fails to receive a diagnosis requested by the GEPS or the head of an agency dealing with pensions in connection with the payment of benefits without good reason, a disability pension for reasons other than official duties or lump-sum payment for disability for reasons other than official duties shall be paid after deducting 1/2 of the amount of the benefits. In such cases, benefits which are a pension shall apply from the month following the month in which the deadline for receiving a diagnosis falls.
 Article 61 (Reduction of Retirement Benefits and Retirement Allowance due to Punishment)
(1) Where a person who is or was a public official becomes to fall under any subparagraph of Article 65 (1) of the Act, retirement benefits and retirement allowances shall be paid after making a reduction classified as follows. In such cases, the retirement benefits and the retirement allowances shall not be reduced until the month in which the date the reasons for reduction falls:
1. A person falling under Article 65 (1) 1 or 2 of the Act:
(a) Retirement benefits for a person whose length of service is less than five years: 1/4;
(b) Retirement benefits for a person whose length of service is at least five years: 1/2;
(c) Retirement allowances: 1/2;
2. A person falling under Article 65 (1) 3 of the Act:
(a) Retirement benefits for a person whose length of service is less than five years: 1/8;
(b) Retirement benefits for a person whose length of service is at least five years: 1/4;
(c) Retirement allowances: 1/4.
(2) The interest to be paid additionally to the amount reduced pursuant to Article 65 (2) of the Act shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year; and the interest for the period from the month following the month in which the date the partially reduced retirement benefits or retirement allowances are paid falls until the month in which the date the reason for the reduction of the amount ceases to exist falls shall be included in the reduced amount on a yearly basis, and the amount of interest thereafter shall be calculated based on such amount.
(3) A person who intends to receive an amount reduced pursuant to Article 65 (2) of the Act shall submit to the GEPS a written claim for the reduced retirement benefits or reduced retirement allowances, along with the documents classified as follows:
1. In cases falling under Article 65 (1) 1 of the Act: A copy of the written court judgment which is final and conclusive, or a certificate of criminal court decision;
2. In cases falling under Article 65 (1) 2 or 3 of the Act: A copy of a written judgment or decision received where a disposition of removal from office or dismissal on the ground of impeachment or disciplinary actions has become invalid, cancelled, or changed by a judgment or decision of a court, etc.;
3. Any other data evidencing reasons for the reduction of benefits have ceased to exist retroactively.
(4) Pursuant to Article 65 (3) of the Act, where an investigation or criminal trial is under way against a person who is or was a public official for committing a crime subject to imprisonment without labor or a heavier punishment for a reason arising during the length of service (excluding cases where such reason has arisen due to negligence not related to his or her duties or due to negligence committed while complying with an order lawfully issued by his or her superior), a person whose length of service is less than five years shall be paid only 3/4 of the amount of a lump-sum payment on retirement first; a person whose length of service is at least five years shall be paid only 1/2 of retirement allowances and the amount of a lump-sum retirement pension, lump-sum retirement pension after deductions, or lump-sum payment on retirement first: <Amended on Dec. 29, 2020>
1. Deleted; <Dec. 29, 2020>
2. Deleted; <Dec. 29, 2020>
3. Deleted. <Dec. 29, 2020>
(5) The amount remaining after preferential payment under paragraph (4) shall be paid where a person who is or was a public official subject to the suspension of payment pursuant to Article 65 (3) of the Act falls under any of the following: Provided, That in cases falling under subparagraph 1, if any investigation procedure for the relevant case is under way again after a person has been subject to a non-transfer or non-prosecution or if a criminal trial is under way as a prosecution on the relevant case has been filed, the remaining amount shall not be paid: <Newly Inserted on Dec. 29, 2020>
1. When he or she is subject to a non-transfer or non-prosecution;
2. When he or she is not subject to sentence of imprisonment without labor or heavier punishment;
3. When the suspension of sentence of imprisonment without labor or heavier punishment has been declared by a court and the period of such suspension expires.
(6) The interest to be added to the remaining amount pursuant to the latter part of Article 65 (3) of the Act shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year; and the interest for the period from the month following the month in which the date the partially reduced retirement benefits or retirement allowances are paid falls until the month in which the date a reason for paying the remaining amount arises falls shall be included in the remaining amount on a yearly basis, and the amount of interest thereafter shall be calculated based on such amount. <Amended on Dec. 29, 2020>
(7) A person who intends to receive the remaining amount under the main clause of paragraph (5) shall submit to the GEPS a written claim for the remaining retirement benefits or remaining retirement allowances, along with the documents classified as follows: <Amended on Jul. 14, 2020; Dec. 29, 2020>
1. In cases falling under paragraph (5) 1: A written decision on non-transfer issued by the head of the competent police agency, or a written decision on non-prosecution issued by the Director-General of the Corruption Investigation Office for High-ranking Officials or the head of the competent public prosecutor's office;
2. In cases falling under paragraph (5) 2 or 3: A certificate of criminal trial decision issued by the Director-General of the Corruption Investigation Office for High-ranking Officials or the head of the competent public prosecutor's office.
(8) Even if the length of the previous service of a person whose retirement benefits have been reduced under paragraph (1) is added to the length of service after his or her re-appointment under Article 25 (2) of the Act, the retirement benefits for the length of the previous service shall be paid after being reduced in the same amount as before such addition. <Newly Inserted on Mar. 16, 2021>
(9) Where the head of an agency dealing with pensions becomes aware that a person who is or was a public official under his or her jurisdiction falls under Article 65 of the Act, he or she shall notify such fact to the GEPS without delay. <Amended on Dec. 29, 2020; Mar. 16, 2021>
CHAPTER V DEFRAYING EXPENSES
 Article 62 (Calculation Basis for Expenses Incurred in Providing Benefits)
Expenses incurred in providing benefits shall be calculated taking into account the retirement rate of public officials, the increase rate of remuneration, the increase rate of fixed number of personnel, the increase rate of charges for medical treatment, and all other factors affecting the calculation of such expenses.
 Article 63 (Payment of Contributions and Amount to Be Returned)
(1) When a person liable to collect contributions collects or receives contributions, an amount to be returned, an amount to be withdrawn, etc., they shall be deposited in a post office or financial institution entrusted with the collection thereof by the GEPS pursuant to Article 23 of the Act and Article 16 of this Decree (hereinafter referred to as "collecting agency") within three days.
(2) A collecting agency upon receipt of contributions, an amount to be returned, an amount to be withdrawn, etc. referred to in paragraph (1) shall issue receipts and deposit notices to the agency that has paid them.
 Article 64 (Collection of Contributions from Persons Re-Employed after Retirement)
(1) Where a person is re-employed as a public official on the date of retirement or the following day, his or her contributions shall be collected by a person liable to collect contributions in the former agency to which he or she has belonged.
(2) Where a public official is transferred to another agency and if he or she has not received remuneration for the month in which the date of transfer falls from his or her former agency, an agency to which he or she is transferred shall collect the contributions.
 Article 65 (Payment of Contributions by Persons Taking Leave of Absence for Military Service)
(1) Where a public official does not receive remuneration due to a leave of absence taken for military service or for other reasons, he or she shall not pay contributions during the leave of absence; and the person liable to collect contributions shall separately collect the same amount of contributions as contributions for the relevant months during the leave of absence (hereinafter referred to as “contributions to be paid retroactively”) from the month following the month in which a remuneration is paid as the reason for leave of absence ceases to exist: Provided, That the public official may pay contributions in each month, even during the leave of absence, for the relevant period, if he or she wishes to do so.
(2) In cases falling under the main clause of paragraph (1), where the relevant public official intends to pay contributions to be paid retroactively in a lump sum, he or she may pay the remaining contributions in a lump after calculating the amount of contributions to be paid retroactively based on the amount of contributions for the relevant months for which he or she intends to pay them.
(3) When a public official returns to the GEPS the amount of benefits (including a retirement allowance) received at the time of retirement after being subject to the application of the Military Pension Act during the leave of absence taken for military service, he or she shall return it by adding interest prescribed in Article 22 (1) and (2) thereto. In such cases, if such amount is not returned until the time of retirement, it may be deducted from retirement benefits, etc. together with the interest referred to in Article 22 (1) and (2) until the retirement date.
 Article 66 (Return of Overpaid Contributions)
In returning or collecting overpaid or underpaid contributions, the interest calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year for the period (calculated on a daily basis) during which they are overpaid or underpaid, shall be added thereto: Provided, That no interest shall be added if the amount of contributions for the month during which they have been overpaid or underpaid and that for the month during which overpaid or underpaid contributions are returned or collected is the same.
 Article 67 (Pension Contributions and Compensatory Grants)
(1) "Budget for remuneration prescribed by Presidential Decree" in the main clause of Article 71 (1) of the Act means the sum of the budget appropriated for the remunerations and allowances of public officials prescribed in the statutes, regulations, etc. related to the remuneration of public officials and other benefits payable to public officials, and the method of calculating it shall be determined by the Minister of Personnel Management.
(2) Pursuant to the proviso of Article 71 (1) of the Act, compensatory grants to be borne by the State or a local government shall be calculated by subtracting the amount prescribed in subparagraph 2 from the amount prescribed in subparagraph 1 or by adding the amount prescribed in subparagraph 1 to the amount prescribed in subparagraph 3:
1. The amount expected to be insufficient to cover the expenditures for retirements benefits and survivors' benefits (including all expenses incurred in processing the affairs of retirement benefits and survivor's benefits; hereafter in this Article, referred to as "total amount of benefits") among the benefits specified in Article 28 of the Act with the contributions and pension contributions paid in the relevant year;
2. The amount obtained by subtracting the total amount of benefits of the year immediately preceding the previous year from the total amount of contributions, pension contributions, and compensatory grants in the year immediately preceding the previous year;
3. The amount obtained by subtracting the total amount of contributions, pension contributions, and compensatory grants in the year immediately preceding the previous year from the total amount of benefits of the year immediately preceding the previous year.
(3) The compensatory grants to be borne by the State or a local government pursuant to paragraph (2) shall be borne from each account under its jurisdiction, and the amount thereof shall be calculated by multiplying the percentage obtained by dividing the amount of compensatory grants calculated pursuant to paragraph (2) by the total remuneration budget for the pertinent year (which shall be calculated up to the third digit after the decimal point; hereafter in this Article, referred to as "compensatory grants burden ratio") and the amount of remuneration budget for the pertinent year of each account under its jurisdiction: Provided, That the compensatory grants to be borne by the State shall be borne from the general account of the Ministry of Minister of Personnel Management.
(4) The GEPS shall notify the State and a local government of a compensatory grants burden ratio before they compile their budgets for each fiscal year so that such ratio can be reflected therein.
(5) The State and a local government shall reflect the pension contributions and compensatory grants under paragraphs (1) and (2) (hereinafter referred to as "pension contributions, etc.") in the budget of each account for appropriating the budget for remuneration and shall pay them to the GEPS.
(6) The head of an agency that pays pension contributions, etc. shall submit a remuneration budget to the GEPS in any of the following cases:
1. Where the budget for the following year is approved;
2. Where a supplementary revised budget is compiled and finalized.
(7) Where any change is made to a remuneration budget under paragraph (6) 2, the GEPS shall calculate the increased or decreased amount of pension contributions, etc. and notify it to the head of the relevant institutions.
(8) The head of an institution upon receipt of a notification under paragraph (7) shall add or subtract the relevant amount when he or she pays pension contributions, etc. for the following term: Provided, That where there is any increase or decrease in the last term of the pertinent year, such pension contributions, etc. shall be paid by the end of such term by adding or subtracting the increased or decreased amount.
(9) The State or the head of a local government shall submit the balance sheet of the settlement of accounts of the relevant expenditure budget to the GEPS after closing the fiscal year.
(10) The interest to be added pursuant to Article 71 (7) of the Act shall be the interest calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as at January 1 of each relevant year, and such interest shall be calculated as compound interest in each fiscal year.
 Article 68 (Contributions to Retirement Allowance)
(1) Expenses incurred in paying retirement allowances (hereinafter referred to as "contributions to retirement allowances") to be borne by the State or a local government pursuant to Article 73 (1) of the Act shall be calculated taking into account the factors referred to in Article 62.
(2) The GEPS shall notify in advance the amount of contributions to retirement allowance to be borne by the State of a local government, which is generally calculated by multiplying the remuneration budget of each account by a fixed ratio.
(3) The State and a local government shall reflect the contributions to retirement allowance referred to in paragraph (2) in the budget of each account for appropriating the remuneration budget and pay them to the GEPS.
(4) The interest to be added pursuant to the proviso of Article 73 (2) of the Act shall be calculated by applying the highest interest rate among the interests of time deposits applied by nationwide banks as of January 1 of each pertinent year, and such interest shall be calculated as compound interest for each fiscal year.
 Article 69 (Payment of Pension Contributions)
The State or a local government that intends to pay pension contributions, compensatory grants or contributions to retirement allowance to the GEPS shall pay them to a collecting agency.
 Article 70 (Collection of Pension Contributions from Grants-In-Aids)
(1) Where the GEPS intends to collect pension contributions or contributions to retirement allowance of a local government directly from the grants-in-aids or other subsidies which the State grants to the local government pursuant to Article 71 (4) of the Act (including cases applied mutatis mutandis in the main clause of Article 73 (2) of the Act), it shall notify the head of a central government agency that manages the grants-in-aids or other subsidies (referring to the central government agency defined in Article 6 (2) of the National Finance Act; hereinafter the same shall apply) by clearly stating the name of the relevant local government and the amount to be collected.
(2) The head of a central government agency in receipt of a notice under paragraph (1) shall pay the relevant amount to the GEPS.
(3) Upon receipt of pension contributions or contributions to retirement allowance pursuant to paragraph (2), the GEPS shall issue a certificate of the payment of pension contributions or contributions to retirement allowance to the head of the relevant local government, and the head of the local government upon receipt of such certificate shall process such contributions by deeming that the relevant budget has been executed.
 Article 71 (Transfer of Amount of Pension)
(1) When a recipient of a veteran’s pension, retirement pension, or early retirement pension under the Military Pension Act or the Pension for Private School Teachers and Staff Act retires or deceases after having been appointed as a public official and been permitted to have an aggregate length of service or period of service under the relevant Pension Act pursuant to Article 26 of the Act, the GEPS shall request without delay the Minister of National Defense or the Korea Teachers Pension established under the Pension for Private School Teachers and Staff Act (hereinafter referred to as the "Korea Teachers Pension") to transfer the amount equivalent to the amount of benefits under the former part of Article 74 of the Act.
(2) The amount to be transferred by the Minister of National Defense or the Korea Teachers Pension pursuant to paragraph (1) shall be the amount of benefits to be received under the Military Pension Act or the Pension for Private School Teachers and Staff Act as at the time the relevant public official retires or deceases, pursuant to Article 74 of the Act. In such cases, the amount of benefits shall be calculated deeming that the same kind of reasons for providing the benefits as the benefits received under the Public Officials Pension Act as at the time he or she retires or deceases has arisen equally under the Military Pension Act or the Pension for Private School Teachers and Staff Act (in cases of an early retirement pension, referring to the amount reduced from the veteran’s pension or the retirement pension by the reduction ratio of the amount of early retirement pension pursuant to the Public Officials' Pension Act).
(3) The Minister of National Defense or the Korea Teachers Pension shall transfer the amount referred to in paragraph (1) to the GEPS as follows:
1. A veteran’s pension, retirement pension, early retirement pension, or survivors' pension: It shall be transferred semiannually by dividing it into two times a year; the portion to be paid for the first half year shall be transferred by March 31, and the portion to be paid for the second half year shall be transferred by September 30;
2. Benefits under Article 33 of the Act, a lump sum payment to be received in lieu of a pension under Article 36 of the Act, and additional payments to survivors' pension and special additional payments to survivors' pension under Article 54 of the Act: The portion to be paid for the period from September of the previous year to February of the pertinent year shall be transferred by March 31 of the pertinent year, and the portion to be paid for the period from March to August of the pertinent year shall be transferred by September 30 of the pertinent year.
(4) While receiving transfers from the Minister of National Defense or the Korea Teachers Pension on a half yearly basis pursuant to Article 74 of the Act and paragraph (3) 1 of this Article, the GEPS shall investigate whether there is any reason for the extinguishment of the entitlement to receive, or for the reduction of the amount of, a veteran’s pension, retirement pension, early retirement pension, or survivors' pension under the Military Pension Act or the Pension for Private School Teachers and Staff Act, or any other reason affecting the transfer thereof, at least once a year, and notify the findings thereof to the Minister of National Defense or the Korea Teachers Pension.
(5) Where the Minister of National Defense or the Korea Teachers Pension fails to transfer the relevant benefits to the GEPS within the period prescribed in paragraph (3), the GEPS shall require him or her or it to pay them by adding the interest calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each pertinent year for the delayed period, and such interest shall be calculated as compound interest for each fiscal year.
 Article 72 (Student Loan Contributions)
(1) The amount of student loan contributions to be borne by the State or a local government pursuant to Article 75 of the Act shall be as follows:
1. Loans: The amount determined by the Minister of Personnel Management after consulting with relevant agencies, taking into account the record of the loans granted in the previous year and the growth rate of the number of students, the increase rate of tuition fees, etc. of the pertinent year of the State and the local government;
2. Expenses for operating student loans: The amount calculated by the GEPS in proportion to the amounts of loans granted by agencies that defray it.
(2) Upon determining the amount referred to in paragraph (1), the Minister of Personnel Management shall notify the relevant State agencies and local governments of the amount of contributions, and the head of an agency upon receipt of such notification shall reflect it in the budget of the relevant agency and pay such amount to the GEPS.
(3) Where the GEPS takes out a temporary loan from the Public Official Pension Fund pursuant to Article 75 (3) of the Act, the amount of interest on the temporary loan shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year during the period of the loan.
(5) The GEPS shall grant student loans to the public officials themselves and their children from the student loan contributions paid by the State or a local government, taking precedence over borrowings from the Public Official Pension Fund.
(6) A student loan shall be redeemed in installments over four years with a two-year grace period after the public official who has received such loan or his or her child graduates from a school (where the child transfers to a four-year university or college after graduating a two-year college, referring to the time after graduating the four-year university or college), and the person liable to collect contributions shall collect it from the remuneration and pay it to the GEPS every month: Provided, That the grace period and the period of redemption applicable to any of the following cases shall be determined by the Minister of Personnel Management:
1. Where the child of a public official who has received a loan leaves school half-way;
2. Where the school where the child of a public official who has received a loan has graduated is a two-year college;
3. Where a public official who has received a loan retires;
4. Where the redemption periods of student loans of at least three children are overlapping.
(7) Matters necessary for the persons eligible to receive student loans, the amount of and timing for receiving a student loan, reimbursement procedures, etc. shall be determined by the Minister of Personnel Management after consulting with the relevant agencies.
CHAPTER VI PUBLIC OFFICIAL PENSION FUND
 Article 73 (Revenue and Expenditure of Public Official Pension Fund)
The revenue and expenditure of the Public Official Pension Fund (hereinafter referred to as the "Fund") shall be the amount of each item classified as follows:
1. Revenue:
(a) Fund reserve;
(b) Money transferred from the Fund;
(c) A surplus after the settlement of accounts, other than revenue and expenditure;
(d) Principal redeemed;
(e) Borrowings;
(f) Proceeds earned from the operation of the Fund under Article 77 of the Act;
(g) Other revenue;
2. Expenditure:
(a) Money transferred to the GEPS pursuant to Article 21 (1) 1 (d) of the Act;
(b) The redeemed amount of borrowings and interest thereon;
(c) Other expenditure.
 Article 74 (Services to Increase the Fund and Welfare Services for Public Officials)
(1) "Services to increase the Fund or welfare services for public officials prescribed by Presidential Decree" in Article 77 (2) 6 of the Act means the following:
1. The following services to increase the Fund:
(a) Acquisition or sale of real estate to improve the value of real estate or increase its use;
(b) Acquisition or lending of securities under Article 4 of the Financial Investment Services and Capital Markets Act;
(c) Trading of exchange-traded derivatives and over-the-counter derivatives under Article 5 (2) and (3) of the Financial Investment Services and Capital Markets Act;
(d) Other services expected to gain profits of at least the average of the interest rates of time deposits with a maturity of one year applied by nationwide banks;
2. The following welfare services for public officials:
(a) Construction, acquisition, sale or leasing of housing for public officials;
(b) Sports facility business defined in subparagraph 2 of Article 2 of the Installation and Utilization of Sports Facilities Act;
(c) Tourist accommodation business or amusement facility business under Article 3 (1) 2 or 6 of the Tourism Promotion Act;
(d) Services related to the operation of hospitals, recreational facilities, nursing facilities, and training facilities, funeral service, and shops for the welfare of public officials, and other welfare services;
(e) Services to support counselling and education for designing the later years of public officials and their social participation activities for social contributions.
(2) If necessary to perform the services specified in Article 77 (2) 5 of the Act and paragraph (1) of this Article, the GEPS may borrow funds from the State, local governments, financial companies, etc.
(3) Where the GEPS intends to borrow funds pursuant to paragraph (2), it shall obtain approval in advance from the Minister of Personnel Management by submitting a document clearly stating the purpose, amount, conditions, repayment method, etc. of the borrowing.
(4) Where the fund for paying retirement benefits is insufficient due to an unexpected increase of retirement benefits, the GEPS may temporarily borrow the shortfall from financial companies, etc.
 Article 75 (Lending Funds for Installation and Operation of Welfare Facilities)
(1) Where the State or a local government intends to perform the services falling under Article 74 (1) 2 (d), the GEPS may lend the fund required therefor from the Fund.
(2) Each service conducted with a loan from the Fund under paragraph (1) shall be managed and operated as determined by the GEPS after obtaining approval from the Minister of Personnel Management.
 Article 76 (Organization of Public Official Pension Management Committee)
Members of the Public Official Pension Management Committee established under Article 79 (1) of the Act (hereinafter referred to as the "Management Committee") shall be appointed or commissioned by the Minister of Personnel Management from among the following persons:
1. Each public official responsible for the affairs related to public official pension welfare or disaster compensation, from among members of the Senior Executive Service of the Ministry of Economy and Finance, the Ministry of Education, the Ministry of National Defense, the Ministry of Health and Welfare, or the Ministry of Personnel Management, respectively;
2. Not more than four public officials belonging to public officials' organizations;
3. Not more than two recipients of retirement pension;
4. Not more than two persons belonging to non-profit, non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
5. Not more than six persons with much expertise and experience in public officials pension (including one full-time director responsible for financial management from among full-time directors of the GEPS).
 Article 77 (Term of Office of Members of the Management Committee)
(1) The term of office of members of the Management Committee under Article 76 shall be as follows:
1. Members falling under subparagraph 1 of Article 76: The period of tenure in the relevant positions;
2. Members falling under subparagraphs 2 through 5 of Article 76 (excluding members falling under subparagraph 3 of this paragraph): Two years. In such cases, the relevant members may be appointed consecutively for further terms;
3. Members who are full-time directors of the GEPS among the members referred to in subparagraph 5 of Article 76: The period of tenure in the relevant positions.
(2) Where a member of the Management Committee falls under any of the following cases, the Minister of Personnel Management may remove or dismiss him of her from office:
1. Where the member becomes unable to perform his or her duties due to a mental or physical disability;
2. Where the member engages in misconduct in connection with his or her duties;
3. Where the member is deemed unsuitable as a member of the Management Committee due to the neglect of duties, loss of dignity, or any other reason;
4. Where the member voluntarily admits that it is difficult for him or her to perform the duties.
 Article 78 (Duties of Chairperson of the Management Committee)
(1) The chairperson shall represent the Management Committee and exercise general supervision over its affairs.
(2) When the chairperson is unable to perform his or her duties due to any unavoidable cause, a member designated by the chairperson shall act on behalf of the chairperson.
 Article 79 (Meetings of the Management Committee)
(1) The chairperson shall convene and preside over meetings of the Management Committee.
(2) Any decision of a meeting of the Management Committee shall require the attendance of a majority of all incumbent members and the concurring vote of a majority of those present.
 Article 80 (Executive Secretary and Clerks)
(1) To administer general affairs of the Management Committee, the Management Committee shall have one chief executive secretary, one executive secretary, and a few clerks.
(2) The chief executive secretary, the executive secretary, and clerks shall be appointed by the Minister of Personnel Management from among public officials belonging to the Ministry of Personnel Management.
 Article 81 (Allowances for Members of the Management Committee)
Members who attend a meeting of the Management Committee may be paid allowances and travel expenses within budgetary limits: Provided, That the same shall not apply to any public official who attends a meeting in direct relation to his or her competent affairs.
 Article 82 (Reporting on Fund Operation)
(1) The GEPS shall report a trial balance of totals and balances of the fund for each quarter to the Minister of Personnel Management by the 15th day of the month following the end of each quarter.
(2) The GEPS shall reflect the results of settlement of accounts of each fiscal year that are separately kept according the accrual of the fund in the following documents related to the settlement of accounts and report them to the Minister of Personnel Management by the end of February of the following year: <Amended on Mar. 16, 2021>
1. A statement of financial position and a statement of profit or loss of the pertinent year;
2. A statement of surplus and a statement of appropriation of surplus of the pertinent year;
3. Other specifications annexed to financial statements;
4. A statement of revenue and expenditure.
 Article 83 (Publication of Fund Operation)
The Minister of Personnel Management shall publish the settlement of accounts of the Fund each year in the Official Gazette within three months from the end of each fiscal year pursuant to Article 81 of the Act.
 Article 84 (Interest Rate for Fund Operation)
(1) The operation of the Fund through any of the following methods shall be based on at least the average of the interest rates of time deposits with a maturity of one year applied by nationwide banks:
1. Depositing to a financial company;
2. Depositing in each government account;
3. The purchase of Government bonds and corporate and public bonds;
4. Installment interest incurring from installment sale.
(2) The interest rate for the operation of the Fund for welfare services shall be as follows: <Amended on Mar. 16, 2021>
1. An interest rate on various loans and installment sales: An interest rate determined by the Minister of Personnel Management in consideration of banks' interest on household loans compiled by the Bank of Korea under Article 86 of the Bank of Korea Act;
2. A rent rate of real estate: At least two percent of the price of the relevant property;
3. A student loan under Article 75 of the Act and lending of funds for installing and operating welfare facilities under Article 75 of this Decree: No interest.
CHAPTER VII WELFARE OF PUBLIC OFFICIALS
 Article 85 (Formulation and Implementation of Master Plan for Welfare of Public Officials)
(1) Pursuant to Article 83 (2) of the Act, the Minister of Personnel Management shall formulate and implement a master plan for the welfare of public officials (hereinafter referred to as "master plan") every five years.
(2) A master plan shall include the following:
1. Basic objectives and direction-setting for policies for the welfare of public officials;
2. Research of systems related to the welfare of public officials;
3. Installation and operation of welfare facilities for public officials;
4. Support for health care of public officials;
5. Support for cultural and sports activities of public officials;
6. Support for the preparation of retirement of public officials;
7. Procurement and use of financial resources to be used in welfare services for public officials;
8. Other matters necessary to promote the welfare of public officials.
(3) The Minister of Personnel Management shall formulate and implement an annual implementation plan (hereinafter referred to as "implementation plan") in accordance with a master plan by January 31 of each year.
(4) The Minister of Personnel Management may conduct a fact-finding survey on the welfare of public officials to efficiently formulate and implement a master plan and an implementation plan.
(5) The Minister of Personnel Management shall notify the heads of central administrative agencies of the master plan and implementation plan formulated pursuant to paragraphs (1) and (3).
(6) The head of a central administrative agency shall formulate an action plan for welfare (hereinafter referred to as "action plan") in accordance with a master plan and an implementation plan by the end of February of each year in order to improve the welfare of public officials under his or her jurisdiction and shall submit it to the Minister of Personnel Management.
(7) The Minister of Personnel Management may establish and operate an advisory group comprised of relevant experts, interested parties, etc. to professionally review matters related to the welfare of public officials and to gather consensus from interested parties, etc.
(8) Matters necessary for the formulation and implementation of a master plan, an implementation plan, etc., and the establishment, operation, etc. of an advisory group shall be determined by the Minister of Personnel Management.
 Article 86 (Formulation of Plans for Welfare Services for Public Officials)
(1) Based on a master plan and an implementation plan, the GEPS shall formulate a plan for welfare services for public officials (hereafter in this Article, referred to as "service plan") and submit it to the Minister of Personnel Management by the end of February of each year.
(2) A service plan shall include the following:
1. Support for the work-family balance of public officials, such as their childbirth and child rearing;
2. Support for the stabilization of livelihood, such as sale and rental of housing for public officials;
3. Support for health care of public officials, such as medical checkup;
4. Support for the social adaptation and preparation of retirement of public officials expected to retire;
5. Other welfare services for public officials to be conducted by the GEPS and matters that the Minister of Personnel Management deems necessary.
 Article 87 (Composition of Committee for Promotion of Retired Public Officials' Contribution to Society)
(1) The committee for the promotion of retired public officials' contribution to society under Article 84 (2) of the Act (hereafter in this Chapter, referred to as the "Committee") shall deliberate on the following:
1. Formulation and promotion of policies and services related to the social contribution activities of retired public officials;
2. Cooperation and administrative and financial support among Ministries related to the social contribution activities of retired public officials;
3. Other matters that the Minister of Personnel Management deems necessary in relation to the social contribution activities of retired public officials.
(2) The Committee shall be comprised of not more than 15 members including one chairperson.
(3) The Committee shall be comprised of the following members, and the Minister of Personnel Management shall serve as the chairperson:
1. Public officials each of whom is designated by the head of the agency to which he or she belongs from among members of the Senior Executive Service of the Ministry of Economy and Finance, the Ministry of the Interior and Safety, the Ministry of Personnel Management, or the Office for Government Policy Coordination;
2. Not more than 10 persons commissioned by the Minister of Personnel Management, as those having much knowledge and experience in the relevant fields, such as public administration, social welfare, economy, employment, and safety.
(4) The members referred to in paragraph (3) 2 shall hold office for a term of one year and may be appointed consecutively only for two terms.
 Article 88 (Operation of Committee)
(1) The chairperson shall convene and preside over meetings of the Committee.
(2) A majority of the members of the Committee shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present.
(3) To handle the administrative affairs of the Committee, the Committee shall have one executive secretary, who shall be appointed by the Minister of Personnel Management from among public officials of the Ministry of Personnel Management.
(4) A working committee may be established in the Committee to assist in the operation of the Committee, such as requiring it to pre-review the agenda to be deliberated on by the Committee.
(5) Members, experts, etc. who attend a meeting of the Committee or a working committee may be paid allowances and travel expenses within budgetary limits: Provided, That the same shall not apply to any public official who attends a meeting in direct relation to his or her competent duties.
(6) Except as provided in paragraphs (1) through (5), matters necessary for operating the Committee shall be determined by the Minister of Personnel Management.
 Article 89 (Request to Provide Data Necessary to Support Social Contribution Activities of Retired Public Officials)
"Data prescribed by Presidential Decree" in the former part of Article 84 (3) of the Act means the following data:
1. Plans to operate policies and services related to social contribution activities of retired public officials;
2. Results of the operation and evaluation of policies and services related to social contribution activities of retired public officials;
3. Other data necessary for supporting social contribution activities of retired public officials.
 Article 90 (Subsidization for Social Contribution Activities of Retired Public Officials)
(1) The Minister of Personnel Management may fully or partially subsidize necessary expenses within budgetary limits for those who have participated in the policies and services related to social contribution activities of retired public officials.
(2) The heads of relevant Ministries or institutions that promote policies or services related to the social contribution activities of retired public officials may provide administrative and financial support to those who have participated in such policies, etc., if necessary.
 Article 91 (Welfare Services for Retired Public Officials)
(1) "Services 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" in Article 85 of the Act means the following services:
1. Establishment and operation of the Retired Public Officials Benefit Society;
2. Lending loans and renting offices to the Retired Public Officials Benefit Society;
3. Services to operate funds in accordance with the entrustment, etc. of operation of cash assets by the Retired Public Officials Benefit Society and retired public officials;
4. Services to operate hospitals, sports facilities, recreational facilities, nursing facilities, shops, other welfare facilities, etc.;
5. Social contribution activities of retired officials and support therefor;
6. Other services that the Minister of Personnel Management deems necessary for the welfare of retired public officials.
(2) The interest rate for lending a fund or renting an office to the Retired Public Officials Benefit Society under paragraph (1) 2 shall be classified as follows:
1. Interest rate on a loan fund: At least three percent per year. In such cases, matters necessary for the specific interest rate, repayment period, collateral, etc. of a loan fund shall be determined by the Minister of Personnel Management;
2. Interest rate for office rent: At least two percent of the relevant property price: Provided, That it may be free of charge where the Minister of Personnel Management deems it necessary for the smooth operation of the Retired Public Officials Benefit Society.
(3) Where the operation of the cash assets of the Retired Public Officials Benefit Society and retired public officers referred to in paragraph (1) 3 is entrusted to the GEPS pursuant to Article 86 of the Act, the procedures and operation methods thereof, and other necessary matters shall be determined by the GEPS with approval from the Minister of Personnel Management.
(4) Article 75 shall apply mutatis mutandis to the lending of funds for the services referred to in paragraph (1) 4.
CHAPTER VIII REQUEST FOR EXAMINATION
 Article 92 (Procedures for Requesting Examination)
(1) A person who intends to request the Public Officials' Accident Compensation Pension Committee established under Article 52 of the Public Officials' Accident Compensation Act (hereinafter referred to as the "Public Officials' Accident Compensation Pension Committee") to conduct an examination pursuant to Article 87 (1) of the Act shall submit to the GEPS a written request for examination, along with an explanatory statement, within the period prescribed in Article 87 (2) of the Act.
(2) Upon receipt of a written request for examination under paragraph (1), the GEPS shall send a written reply, along with other necessary data, to the Public Officials' Accident Compensation Pension Committee within 10 days.
CHAPTER IX SUPPLEMENTARY PROVISIONS
 Article 93 (Starting Date of Counting Period of Prescription)
(1) Where a person who has requested the Public Officials' Accident Compensation Pension Committee to conduct an examination pursuant to Article 87 (1) of the Act receives an upholding decision or wins a lawsuit he or she has filed on such request, the period of extinctive prescription for the entitlement to receive benefits related thereto under Article 88 of the Act shall be counted from the date such upholding decision or judgment becomes final and conclusive.
(2) Where the payment of the amount of benefits is partially suspended pursuant to Article 61 (4), the period of extinctive prescription under Article 88 (1) of the Act for the entitlement to receive suspended benefit shall be counted from the time specified in any of the subparagraphs of Article 61 (5). <Amended on Dec. 29, 2020>
 Article 94 (Request for, and Method of, Providing Data)
(1) "Institutions, corporations and organizations prescribed by Presidential Decree" in the former part of Article 93 (3) of the Act means the institutions, corporations and organizations specified in attached Table 3.
(2) "Data prescribed by Presidential Decree" in the former part of Article 93 (3) of the Act means the data specified in attached Table 4.
(3) Where the data referred to in Article 93 (3) of the Act is stored using computerized recording devices such as diskettes, magnetic tapes, microfilms, and optical discs or computer programs, the head of an institution, corporation, or organization upon receipt of a request to provide data under Article 93 (3) of the Act may provide the data in such form of storage.
 Article 95 (Fact-Finding Survey, including Collection of Data)
The GEPS may request the head of an agency dealing with pensions to conduct a fact-finding survey, including collection of data for long-term judgment on pension finance and improvement of the pension system.
 Article 96 (Management of Sensitive Information and Personally Identifiable Information)
If it is inevitable to conduct the following administrative affairs under the Act or this Decree, the head of an agency dealing with pensions, the GEPS (including institutions entrusted with the affairs of the GEPS pursuant to Article 23 of the Act or Article 16 of this Decree), and the Minister of Personnel Management may manage data which contain information on health under Article 23 of the Personal Information Protection Act, information constituting a criminal history record under subparagraph 2 of Article 18 of the Enforcement Decree of that Act, and data containing resident registration numbers, passport numbers, or alien registration numbers under Article 19 of that Decree, which are contained in the documents and data received under the Act or this Decree:
1. Services of the GEPS under Article 17 of the Act;
2. Calculation of the length of service under Article 25 of the Act;
3. Administrative affairs related to the confirmation of reasons for providing benefits and the determination and payment of benefits under Article 29 of the Act;
4. Payment of benefits where no survivor exists under Article 33 of the Act;
5. Payment of benefits where a person emigrates to a foreign country or loses his or her Korean nationality under Article 36 of the Act;
6. Withdrawal of benefits under Article 37 of the Act;
7. Payment after deducting the unpaid amount under Article 38 of the Act;
8. Adjustments among benefits under Articles 40 and 41 of the Act;
9. Exercise of the right to claim damages against a third party under Article 42 of the Act;
10. Determination and payment of a split pension, etc. under Articles 45, 48, and 49 of the Act;
11. Suspension of the payment of a pension under Article 50 of the Act;
12. Retirement benefits for missing persons under Articles 52 and 56 of the Act;
13. Linkage between retirement benefits relating to the transfer to a public enterprise under Article 53 of the Act;
14. Loss and transfer of the entitlement to receive survivors' pension under Article 57 of the Act;
15. Amendments, etc. to the ratings of disability pensions for reasons other than official duties under Article 60 of the Act;
16. Limitations on benefits under Articles 63 through 65 of the Act;
17. Collection of contributions, pension contributions, or other expenses under Article 67, 71, 73 or 75 of the Act;
18. Transfer of the amount of a pension under Article 74 of the Act;
19. Welfare of public officials under Articles 83 through 85 of the Act;
20. Request for examination under Article 87 of the Act;
21. Request, etc. of the GEPS to submit data under Article 93 of the Act.
 Article 97 (Forms)
Forms necessary to enforce the Act and this Decree shall be determined by the GEPS after prior consultation with the Minister of Personnel Management.
ADDENDA <Presidential Decree No. 29181, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Article 2 (Applicability to Number of Installment Payments of Amount to Be Returned)
Notwithstanding the former part of Article 12, and Article 14, of the Addenda, the amended provisions of Article 21 (2) shall begin to apply to cases where aggregation of the length of service is permitted on or after the date this Decree enters into force.
Article 3 (Applicability to Confirmation of Reasons for Providing Benefits)
Notwithstanding Article 14 of the Addenda, the provisions of Article 24 shall also apply to cases where a request for the confirmation of the reasons for providing benefits or deliberation on benefits, etc. has been filed and the procedures therefor are under way as at the time this Decree enters into force.
Article 4 (Applicability to Claim for Settlement of Pensions for Reasons of Emigration or Loss of Nationality)
Notwithstanding Article 14 of the Addenda, the amended provisions of Articles 32, 51, and 56 shall also apply to cases where a claim for settlement, etc. of pensions for the reasons of emigration or loss of nationality has been filed and the procedures therefor are under way as at the time this Decree enters into force.
Article 5 (Applicability to Change of Kind of, or Timing for Paying, Split Pension)
Notwithstanding Article 14 of the Addenda, the amended provisions of Article 48 (3) shall begin to apply to cases where an application to change the kind of, or the timing for paying, a retirement pension, etc. is filed on or after the date this Decree enters into force.
Article 6 (Applicability to Procedures for Requesting Examination)
Notwithstanding Article 14 of the Addenda, the amended provisions of Article 92 shall also apply to cases where a request for examination is filed and the procedures therefor are under way as at the time this Decree enters into force.
Article 7 (Special Cases concerning Formulation and Implementation of Master Plan or Implementation Plan)
(1) Notwithstanding the amended provisions of Article 85 (1), the first master plan on or after the date this Decree enters into force shall be formulated and implemented by March 31, 2019.
(2) Notwithstanding the amended provisions of Article 85 (3), the first implementation plan on or after the date this Decree enters into force shall be formulated and implemented by April 30, 2019.
(3) Notwithstanding the amended provisions of Article 85 (6), the first action plan on or after the date this Decree enters into force shall be submitted to the Minister of Personnel Management by May 31, 2019.
(4) Notwithstanding the amended provisions of Article 86 (1), the first service plan on or after the date this Decree enters into force shall be submitted to the Minister of Personnel Management by May 31, 2019.
Article 8 (Transitional Measures concerning Criteria for Recognizing Whether Support Has Been Provided)
(1) Notwithstanding the amended provisions of Article 3 (1), the criteria for recognizing whether support has been provided before this Decree enters into force shall be governed by Article 3 (1) of the previous Enforcement Decree of the Public Officials Pension Act (referring to the Enforcement Decree before being wholly amended by Presidential Decree No. 29181; and Article 23 of the Addenda shall be excluded herefrom). In such cases, the amended provisions of attached Table 1 of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 20501) shall begin to apply to cases of determining a person entitled to receive a survivors' pension due to the death of a person who is or was a public official or determining a new person entitled to receive a survivors' benefits due to the death, etc. of a survivor who has been receiving the survivors' benefits previously, after that Decree enters into force.
(2) Notwithstanding the former part of paragraph (1), a person for whom a reason for providing benefits has arisen before January 20, 2003 on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17891) entered into force shall be governed by the provisions existing before being amended by that Decree.
Article 9 (Transitional Measures concerning Determination of Amount of Standard Monthly Income)
(1) Notwithstanding the amended provisions of Articles 5 through 8, the determination, application period, etc. of the amount of standard monthly income before this Decree enters into force shall be governed by Articles 3-3 through 3-6 of the previous Enforcement Decree of the Public Officials Pension Act. In such cases, the amended provisions of Articles 3-3 (2) and (3) and 3-6 (2) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506) shall begin to apply to persons for whom reasons for paying long-term benefits arise on or after May 1, 2013.
(2) Notwithstanding the former part of paragraph (1), where a public official retires from office or deceases within one year after his or her promotion, degradation or demotion, transfer, change of assignment, or reappointment (referring to cases where a retired public official, a member of the Republic of Korea Armed Forces, or a private school teacher or staff member 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 23 (2) of the Public Officials Pension Act (Act No. 6328); hereafter the same shall apply in this Article) on or before December 31, 2000 pursuant to Article 8 of the Addenda to that Act, the amount of monthly remuneration before his or her promotion, degradation or demotion, transfer, change of assignment, or reappointment shall be calculated by multiplying the amount of his or her monthly remuneration by the number obtained by adding 1 to the average increase rate of remuneration of public officials under the amended provisions of Article 3-4 of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101).
(3) Notwithstanding the former part of paragraph (1), where it is impossible to calculate the amount of standard monthly income pursuant to the amended provisions of Articles 3-3 through 3-5 of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21947) due to new employment or reinstatement, leave of absence, etc. on or after January 2, 2008, the amount equivalent to the average amount of standard monthly income of public officials whose type, grade, rank, and salary class are the same as or similar to those of public officials as of the date immediately preceding the enforcement date of that Decree shall be the amount of standard monthly income.
Article 10 (Transitional Measures concerning Conversion of Amount of Standard Monthly Income into Current Value)
(1) Notwithstanding the amended provisions of Article 10, conversion of the amount of standard monthly income and the average amount of standard monthly income into the current value before this Decree enters into forceshall be governed by Article 3-8 of the previous Enforcement Decree of the Public Officials Pension Acts.
(2) In cases falling under paragraph (1), the amended provisions of Article 3-4 (2) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17891) shall begin to apply to cases where the monthly remuneration or average amount of monthly remuneration for 2002 is converted into the current value as of 2003 because a reason for providing benefits has arisen on or after January 1, 2003.
(3) In cases falling under paragraph (1), the amended provisions of Article 3-8 (2) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506) shall also apply to a person for whom a reason for paying a retirement pension, early retirement pension, or survivors' pension (excluding cases where a person who was a public official has died while receiving a retirement pension or early retirement pension, and thus his or her survivor becomes eligible to receive a survivors' pension; hereafter in paragraph (4) referred to as "retirement pension, etc.") has arisen due to his or her retirement or death during the period from January 1, 2010 to May 1, 2013 (including persons who receive benefits due to the retirement or death during the relevant period).
(4) Where the average amount of standard monthly income of those who have been already receiving benefits as of May 1, 2013 among persons falling under paragraph (3) is calculated pursuant to the amended provisions of Article 3-8 (2) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506), the amount of difference obtained by subtracting the already paid retirement pension, etc. from the retirement pension, etc. that could have been received before May 1, 2013 shall be added up when the first retirement pension, etc. is paid on or after May 1, 2013.
(5) Notwithstanding paragraph (1), where the amount of monthly remuneration for the length of service or the period of service aggregated pursuant to Article 23 (2) of the Public Officials Pension Act (Act No. 6328) on or after January 1, 2001 is converted into the current value pursuant to Article 27 (4) of that Act and Article 3-4 of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101), the average percentage of increase in remuneration of public officials applicable to the length of service or the period of service before that Decree enters into force shall be six percent per year.
(6) Notwithstanding paragraph (1), the amount of monthly remuneration or the average amount of monthly remuneration under Article 7 (5) 1 of the Addenda to the Public Officials Pension Act (Act No. 9905) converted into the current value as of the time the date on which a reason for providing benefits has arisen falls shall be calculated as follows:
(The amount of monthly remuneration or the average amount of monthly remuneration as of the date immediately preceding January 1, 2010) x [(The average amount of standard monthly income of all public officials in the month in which a reason for providing benefits has arisen) ÷ (The average of the total of the average amount of standard monthly income of all public officials subject to taxable income in 2008 and the average amount of standard monthly income of all public officials subject to taxable income in 2009)]
(7) Notwithstanding paragraph (1), where a person appointed as a public official on or after January 1, 2010 on which the Enforcement Decree of the Public Officials' Act (Presidential Decree No. 21974) entered into force is permitted to aggregate the length of service or the period of service during which he or she has served before that Decree enters into force (hereinafter referred to as "previous period"), the amount of monthly remuneration or the average amount of monthly remuneration during the relevant period under Article 7 (5) 1 of the Addenda to the Public Officials Pension Act (Act No. 9905) shall be calculated as follows:
[The amount of monthly remuneration or the average amount of monthly remuneration as at the time of retirement converted into the current value as at the time of appointment as a public official, taking into account the percentage of increase in remuneration for public officials] x [(The average amount of standard monthly income of all public officials in the month in which a reason for providing benefits has arisen) ÷ (The average amount of standard monthly income of all public officials as at the time of appointment as a public official)]
(8) Notwithstanding paragraphs (1), (6), and (7), where the amount of monthly remuneration or the average amount of monthly remuneration calculated pursuant to paragraph (6) or (7) is less than the amount obtained by converting the amount of monthly remuneration or the average remuneration as of the date immediately preceding January 1, 2010 (in cases falling under paragraph (7), referring to the time of the previous retirement) into the current value as of the date a reason for providing benefits has arisen, reflecting the percentage of increase in remuneration for public officials, the larger amount of them shall be deemed the amount of monthly remuneration or the average amount of monthly remuneration for the previous period.
(9) Where the amount of monthly remuneration or the average amount of monthly remuneration during the previous period is converted into the current value as of the time in which the date a reason for providing benefits has arisen falls pursuant to paragraphs (6) and (7) and if a reason for providing long-term benefits has arisen before determining and applying the amount of standard monthly income for the pertinent year based on the income accrued in the previous year (referring to the period from January to April of the pertinent year), the amount obtained by reflecting the percentage of increase in remuneration for public officials in the pertinent year in the amount calculated pursuant to paragraphs (6) and (7) shall be the amount referred to in paragraphs (6) and (7).
(10) Notwithstanding paragraph (1), the rate to be applied to the amount of standard monthly income to calculate the amount of benefits referred to in Article 3 of the Addenda to the Public Officials Pension Act (Act No. 9905) (limited to benefits which are a pension, and including the aggregate retirement pension under the Act on Aggregation of National Pension and Occupational Pensions) shall be as follows: Provided, That in cases of a person who retires after more than 33 years of length of service, the rate applicable for 33 years of length of service shall apply:
<The rate to be applied to the amount of standard monthly income by each length of service (Unit: %)>
Previous
period




Period thereafter
At least 32 years
 
At least 31 years
-
less than 32 years
At least 30 years
-
less than 31 years
At least 29 years
-
less than 30 years
At least 28 years
-
less than 29 years
At least 27 years
-
less than 28 years
At least 26 years
-
less than 27 years
At least 25 years
-
less than 26 years
At least 24 years
-
less than25 years
At least 23 years
-
less than 24 years
At least 22 years
-
less than 23 years
At least 21 years
-
less than 22 years
At least 20 years
-
less than 21 years
At least 19 years
-
less than 20 years
At least 18 years
-
less than 19 years
At least 17 years
-
less than 18 years
At least 16 years
-
less than 17 years
At least 15 years
-
less than 16 years
At least 14 years
-
less than 15 years
At least 13 years
-
less than 14 years
At least 12 years
-
less than 13 years
At least 11 years
-
less than 12 years
At least 10 years
-
less than 11 years
At least 9 years
-
less than 10 years
At least 8 years
-
less than 9 years
At least 7 years
-
less than 8 years
At least 6 years
-
less than 7 years
At least 5 years
-
less than 6 years
At least 4 years
-
less than 5 years
At least 3 years
-
less than 4 years
At least 2 years
-
less than 3 years
At least 1 year
-
less than 2 years
At least 1 month
-
less than 1 year
Newly appointed public officials
~
Not exceeding 1 year
67.46 67.46 67.46 67.46 67.46 67.46 67.46 67.46 67.46 67.46 67.46 67.46 67.46 84.33 84.33 84.33 84.33 84.33 84.33 84.33 84.33 84.33 84.33 83.69 83.04 81.90 81.76 81.11 80.47 79.83 79.18 78.54 77.90 77.25
Exceeding 1 year
~
Not exceeding 2 years
 67.94 67.94 67.94 67.94 67.94 67.94 67.94 67.94 67.94 67.94 67.94 67.94 76.43 84.92 84.92 84.92 84.92 84.92 84.92 84.92 84.92 84.92 84.53 83.88 82.72 82.58 81.93 81.28 80.63 79.98 79.33 78.68 78.03
Exceeding 2 years
~
Not exceeding 3 years
  68.42 68.42 68.42 68.42 68.42 68.42 68.42 68.42 68.42 68.42 68.42 74.12 79.82 85.53 85.53 85.53 85.53 85.53 85.53 85.53 85.53 84.87 84.22 83.06 82.92 82.26 81.61 80.96 80.31 79.66 79.00 78.35
Exceeding 3 years
~
Not exceeding 4 years
   68.91 68.91 68.91 68.91 68.91 68.91 68.91 68.91 68.91 68.91 73.22 77.52 81.83 86.14 86.14 86.14 86.14 86.14 86.14 86.14 85.48 84.82 83.65 83.51 82.85 82.20 81.54 80.88 80.22 79.57 78.91
Exceeding 4 years
~
Not exceeding 5 years
    69.48 69.48 69.48 69.48 69.48 69.48 69.48 69.48 69.48 72.95 76.43 79.90 83.37 86.85 86.85 86.85 86.85 86.85 86.85 86.18 85.52 84.34 84.20 83.54 82.87 82.21 81.55 80.89 80.22 79.56
Exceeding 5 years
~
Not exceeding 6 years
     69.91 69.91 69.91 69.91 69.91 69.91 69.91 69.91 72.82 75.74 78.65 81.56 84.47 87.39 87.39 87.39 87.39 87.39 86.72 86.05 84.87 84.72 84.05 83.39 82.72 82.06 81.39 80.72 80.06
Exceeding 6 years
~
Not exceeding 7 years
      70.49 70.49 70.49 70.49 70.49 70.49 70.49 73.01 75.53 78.05 80.57 83.08 85.60 88.12 88.12 88.12 88.12 87.45 86.77 85.58 85.43 84.76 84.09 83.41 82.74 82.07 81.40 80.72
Exceeding 7 years
~
Not exceeding 8 years
       71.01 71.01 71.01 71.01 71.01 71.01 73.23 75.45 77.67 79.89 82.11 84.33 86.55 88.77 88.77 88.77 88.09 87.41 86.21 86.06 85.38 84.70 84.03 83.35 82.67 82.00 81.32
Exceeding 8 years
~
Not exceeding 9 years
        71.39 71.39 71.39 71.39 71.39 73.37 75.36 77.34 79.32 81.30 83.29 85.27 87.25 89.24 89.24 88.56 87.88 86.66 86.51 85.83 85.15 84.47 83.79 83.11 82.43 81.75
Exceeding 9 years
~
Not exceeding 10 years
         72.00 72.00 72.00 72.00 73.80 75.60 77.40 79.20 81.00 82.80 84.60 86.40 88.20 90.00 89.31 88.63 87.40 87.25 86.57 85.88 85.19 84.51 83.82 83.13 82.45
Exceeding 10 years
~
Not exceeding 11 years
          72.39 72.39 72.39 74.03 75.68 77.32 78.97 80.61 82.26 83.90 85.55 87.19 88.84 89.79 89.10 87.87 87.72 87.03 86.34 85.65 84.96 84.27 83.58 82.89
Exceeding 11 years
~
Not exceeding 12 years
           73.09 73.09 74.61 76.14 77.66 79.18 80.70 82.23 83.75 85.27 86.80 88.32 89.16 89.97 88.73 88.58 87.88 87.18 86.49 85.79 85.09 84.40 83.70
Exceeding 12 years
~
Not exceeding 13 years
            73.89 75.31 76.73 78.15 79.58 81.00 82.42 83.84 85.26 86.68 88.10 88.84 89.56 89.70 89.55 88.84 88.14 87.43 86.73 86.02 85.32 84.62
Exceeding 13 years
~
Not exceeding 14 years
             76.13 77.46 78.80 80.14 81.47 82.81 84.14 85.48 86.81 88.15 88.80 89.43 89.50 90.64 89.93 89.21 88.50 87.79 87.07 86.36 85.65
Exceeding 14 years
~
Not exceeding 15 years
              78.24 79.50 80.76 82.03 83.29 84.55 85.81 87.07 88.34 88.91 89.47 89.46 90.53 91.04 90.31 89.59 88.87 88.15 87.43 86.70
Exceeding 15 years
~
Not exceeding 16 years
               80.35 81.55 82.75 83.95 85.14 86.34 87.54 88.74 89.26 89.75 89.68 90.68 91.13 91.55 90.82 90.08 89.35 88.62 87.89
Exceeding 16 years
~
Not exceeding 17 years
                82.29 83.44 84.58 85.72 86.87 88.01 89.15 89.61 90.04 89.91 90.86 91.25 91.62 91.97 91.22 90.48 89.74 89.00
Exceeding 17 years
~
Not exceeding 18 years
                 84.29 85.38 86.47 87.57 88.66 89.76 90.16 90.54 90.36 91.26 91.60 91.92 92.22 92.50 91.75 91.00 90.25
Exceeding 18 years
~
Not exceeding 19 years
                  86.14 87.19 88.24 89.29 90.34 90.70 91.03 90.80 91.66 91.95 92.22 92.48 92.72 92.95 92.19 91.42
Exceeding 19 years
~
Not exceeding 20 years
                   87.86 88.87 89.88 90.89 91.20 91.50 91.21 92.04 92.28 92.52 92.73 92.93 93.12 93.29 92.52
Exceeding 20 years
~
Not exceeding 21 years
                    89.67 90.64 91.62 91.89 92.14 91.82 92.60 92.81 93.01 93.19 93.35 93.50 93.63 92.86
Exceeding 21 years
~
Not exceeding 22 years
                     91.47 92.41 92.64 92.86 92.49 93.25 93.42 93.58 93.72 93.85 93.97 94.07 93.30
Exceeding 22 years
~
Not exceeding 23 years
                      93.26 93.46 93.64 93.24 93.96 94.10 94.23 94.34 94.44 94.52 94.59 93.81
Exceeding 23 years
~
Not exceeding 24 years
                       94.46 94.61 94.16 94.8
6
94.97 95.07 95.15 95.22 95.28 95.32 94.53
Exceeding 24 years
~
Not exceeding 25 years
                        95.64 95.16 95.84 95.92 95.98 96.04 96.08 96.11 96.12 95.33
Exceeding 25 years
~
Not exceeding 26 years
                         96.10 96.75 96.80 96.84 96.87 96.88 96.89 96.87 96.07
Exceeding 26 years
~
Not exceeding 27 years
                          97.86 97.88 97.90 97.90 97.89 97.86 97.82 97.02
Exceeding 27 years
~
Not exceeding 28 years
                           98.90 98.89 98.86 98.83 98.78 98.72 97.90
Exceeding 28 years
~
Not exceeding 29 years
                            100.08 100.03 99.97 99.90 99.81 98.99
Exceeding 29 years
~
Not exceeding 30 years
                             101.12 101.04 100.94 100.84 100.00
Exceeding 30 years
~
Not exceeding 31 years
                              102.17 102.06 101.93 101.09
Exceeding 31 years
~
Not exceeding 32 years
                               103.23 103.08 102.23

Exceeding 32 years
                                104.30 103.44
(11) Notwithstanding paragraph (1), in cases of a person whose amount of monthly remuneration or average amount of monthly remuneration calculated pursuant to the amended provisions of Article 9 (1) of the Addenda to the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21974) is larger than the amount of monthly remuneration or the average amount of monthly remuneration calculated pursuant to Article 9 (1) of the Addenda to the previous Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21974), among persons who have retired from January 1, 2010 to the date immediately preceding November 5, 2011 on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 23776) entered into force, his or her benefits shall be calculated by applying the amended provisions of Article 9 (1) of the Addenda to the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21974).
(12) Notwithstanding paragraph (1) and the amended provisions of Article 9 (1), (2), and (4) of the Addenda to the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21974), the method of calculating the amount of monthly remuneration or the average amount of monthly remuneration of a public official for whom a reason for providing benefits has arisen due to his or her retirement during the period from January 1, 2010 to the date immediately preceding May 1, 2013 (including persons who has aggregated his or her length of service or period of service provided before January 1, 2010 pursuant to Article 23 (2) of the Public Officials Pension Act (Act No. 11690); hereafter the same shall apply in this Article) shall be governed by the previous Enforcement Decree of the Public Officials Pension Act (referring to the Enforcement Decree before being partially amended by Presidential Decree No. 24506).
(13) Notwithstanding paragraphs (1) and (12), and the latter part of Article 9 (1) of the Addenda, where the average amount of monthly remuneration of a public official for whom a reason for providing long-term benefits (limited to a retirement pension, an early retirement pension, and a survivors' pension) has arisen before determining and applying the amount of standard monthly income for the pertinent year during the period from January 1, 2010 to the date immediately preceding May 1, 2013 which is the enforcement date under the proviso of Article 1 of the Addenda to the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506) (referring to January to April of the pertinent year) during the length of service provided before 2010 is converted into the current value as of the time in which the date a reason for providing benefits has arisen falls, and if, in the formula provided in Article 9 (1) and (2) of the Addenda to the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21974), the amount of standard monthly income for the pertinent year under the amended provisions of Article 3-3 (2) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506) is larger than the amount of standard monthly income as of the date a reason for providing benefits has arisen, the average amount of monthly remuneration shall be converted into the current value as of the time in which the date a reason for providing benefits has arisen falls by applying the amount of standard monthly income for the pertinent year under the amended provisions of Article 3-3 (2) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506) to the formula.
(14) Long-term benefits calculated pursuant to paragraphs (12) and (13) shall be paid beginning from the first payment date of pension that arrives on or after May 1, 2013 which is the enforcement date under the proviso of Article 1 of the Addenda to the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506).
Article 11 (Transitional Measures concerning Period of Service Recognized as Length of Service)
(1) Notwithstanding the amended provisions of Article 18, the period of service recognized as the length of service before this Decree enters into force shall be governed by Article 16-2 of the previous Enforcement Decree of the Public Officials Pension Act.
(2) Notwithstanding paragraph (1), the amended provisions of subparagraph 2 Article 16-2 of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21974) shall begin to apply to persons appointed on or after the date that Decree enters into force.
Article 12 (Transitional Measures concerning Payment Method of Amount to Be Returned)
Notwithstanding the amended provisions of Article 21, the payment method of an amount to be returned before this Decree enters into force shall be governed by Article 18 of the previous Enforcement Decree of the Public Officials Pension Act. In such cases, the amended provisions of Article 18 (1) 2 of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 23276) shall also apply where a person who has been paying in installments an amount to be returned pursuant to the previous Enforcement Decree of the Public Officials Pension Act (referring to the same Enforcement Decree before being partially amended by Presidential Decree No. 23276) as of November 5, 2011 on which that Decree enters into force intends to pay it directly to a collecting agency pursuant to the amended provisions of Article 18 (1) 2 of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 23276).
Article 13 (Transitional Measures concerning Application of Interest Rate in Calculating Amount to Be Returned)
(1) Notwithstanding the amended provisions of Articles 22 (2) through (4) and 34 (1) and (2), the application of interest rate before this Decree enters into force shall be governed by Articles 19 (2) through (4) and 26 (1) of the previous Enforcement Decree of the Public Officials Pension Act. In such cases, where an amount to be returned is not paid by the deadline for payment under Article 18 (1) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506) before May 1, 2013, the calculation of the period for interest for arrears applicable to the delinquent period until the date immediately preceding May 1, 2013 shall be governed by the previous Enforcement Decree of the Public Officials Pension Act (referring to the Enforcement Decree before being partially amended by Presidential Decree No. 24506), and the period for interest for arrears applicable to the delinquent period on or after May 1, 2013 shall be calculated in accordance with the amended provisions of Article 19 (4) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506).
(2) Notwithstanding the former part of paragraph (1), where a person permitted to have an aggregate length of service pursuant to Article 24 (2) of the Public Officials Pension Act (Act No. 3964) as of January 23, 1988 on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 12380) entered into force is bearing the interest for arrears as being re-permitted to have an aggregate length of service after the permission to have the aggregate length of service was revoked due to the failure to pay the amount to be returned, in cases of the amount to be returned on or after January 23, 1988, an amount equivalent to the amount that should have been returned as at the time of delinquency shall be paid; and for the period during which the amount to be returned was not paid before such revocation is made (if such period exceeds six months, it shall be deemed six months), the amount determined by recalculating the amount by adding interest for arrears thereto pursuant to the proviso of Article 19 (1) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 12380) shall be paid.
(3) Notwithstanding the former part of paragraph (1), the interest rate under Articles 19 (2) and 26 (1) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 12653) shall be governed by the provisions existing before they were amended by that Decree, if the calculation period of such interest rate falls on or before December 4, 1988.
(4) Notwithstanding the former part of paragraph (1), where an amount to be returned has not been paid by the deadline for payment under Article 18 (1) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 18923) after an aggregate length of service was permitted pursuant to Article 24 (2) of the Public Officials Pension Act (Act No. 7543) before July 1, 2005 on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 18923) entered into force, the rate of interest for arrears shall be calculated pursuant to Article 19 (4) of the previous Enforcement Decree of the Public Officials Pension Act (referring to the Enforcement Decree before being partially amended by Presidential Decree No. 18923) for the delinquent period until the enforcement date of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 18923) and shall be calculated pursuant to the amended provisions of Article 19 (4) of that Decree for the delinquent period after the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 18923) enters into force.
Article 14 (Transitional Measures concerning Occurrence of Reasons for Providing Benefits)
(1) Benefits for a person for whom a reason for providing benefits has arisen before this Decree enters into force shall be governed by the previous Enforcement Decree of the Public Officials Pension Act.
(2) Notwithstanding paragraph (1), benefits for a person for whom a reason for providing benefits had arisen before January 23, 1988 on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 12380) entered into force shall be governed by the relevant provisions existing before being amended by that Decree.
(3) Notwithstanding paragraph (1), where a reason for providing benefits had arisen before September 30, 1989, such benefits shall be governed by the relevant provisions existing before being amended by the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 12822).
(4) Notwithstanding paragraph (1), benefits for a person for whom a reason for providing benefits had arisen before January 1, 2001 on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101) entered into force shall be governed by the relevant provisions existing before being amended by that Decree.
Article 15 (Transitional Measures concerning Withdrawal of Benefits)
(1) Notwithstanding the amended provisions of Article 34, the withdrawal of benefits before this Decree enters into force shall be governed by Article 26 of the previous Enforcement Decree of the Public Officials Pension Act. In such cases, the amended provisions of Article 26 (4) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 22175) shall begin to apply to the remaining amount to be paid by a person who has an amount to be withdrawn as at the time that Decree enters into force, and the amended provisions of Article 26 (5) of that Decree shall begin to apply to the remaining amount to be paid by a person who has an amount to be withdrawn as at the time that Decree enters into force.
(2) Notwithstanding the former part of paragraph (1), the calculation period of the interest to be added to the amount of benefits subject to a disposition of withdrawal of benefits and the interest for arrears to be added to the amount to be withdrawn pursuant to Article 31 (1) of the Public Officials Pension Act (Act No. 6328) before January 1, 2001 on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101) entered into force shall be governed by the relevant provisions existing before being amended by the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101).
(3) Notwithstanding the former part of paragraph (1), the withdrawal of the amount of benefits subject to a disposition of withdrawal of benefits pursuant to Article 31 (1) 2 and 3 of the Public Officials Pension Act (Act No. 6328) before January 1, 2001 on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101) entered into force shall be governed by the provisions existing before being amended by the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101).
(4) Notwithstanding the former part of paragraph (1), the amended provisions of Article 26 (4) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21974) shall begin to apply to persons approved to make installment payment of an amount to be withdrawn on or after the enforcement date of that Decree.
Article 16 (Transitional Measures concerning Special Cases on Calculation of Retirement Benefits)
(1) Notwithstanding the amended provisions of Article 42, special cases concerning the calculation of retirement benefits before this Decree enters into force shall be governed by Article 43 of the previous Enforcement Decree of the Public Officials Pension Act. In such cases, the amended provisions of Article 43 (4) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 23276) shall apply to persons in whose case the point of time when contributions to be paid retroactively have been completely paid pursuant to Article 66 of the Public Officials Pension Act (Act No. 10984) after filing an application, by December 31, 2009, to include the period of military service pursuant to Article 19-2 (1) before such provisions were amended by that Decree and including such period in the length of service, falls on or after January 1, 2010.
(2) Notwithstanding the former part of paragraph (1), when the amended provisions of Article 43 of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 13340) apply to a retired member of the Republic of Korea Armed Forces or a private school teacher or staff who was appointed as a public official and holds office as at the time that Enforcement Decree enters into force, the amount to be returned pursuant to Article 24 (2) of the Public Officials Pension Act (Act No. 4334) shall be calculated by subtracting the amount obtained by adding interest to the additional payments to the retirement benefits under the provisions existing before being amended by the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 13340).
Article 17 (Transitional Measures concerning Application to Change Kind of, or Timing for Paying, Retirement Benefits)
Notwithstanding the amended provisions of Article 48, an application to change the kind of, or timing for paying, retirement benefits, etc. filed before this Decree enters into force shall be governed by Article 41-2 of the previous Enforcement Decree of the Public Officials Pension Act. In such cases, the amended provisions of Article 42-2 of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21974) shall begin to apply to persons who receive the benefits on or after the enforcement date of that Enforcement Decree.
Article 18 (Transitional Measures concerning Calculation of Retirement Allowance)
(1) Notwithstanding the amended provisions of Article 58, the calculation of a retirement allowance before this Decree enters into force shall be governed by Article 52-3 of the previous Enforcement Decree of the Public Officials Pension Act.
(2) Notwithstanding paragraph (1), where the amount of a retirement allowance to be received by a person who held office as of October 1, 1991, on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 13340) entered into force, due to his or her retirement or death is less than the amount classified as follows, the amount classified as follows shall be paid as the retirement allowance. In such cases, where the retirement allowance is to be paid after making a deduction pursuant to Article 55 (1) and (2) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 13340), the amount payable shall be 1/2 of the amount classified as follows:
1. Where the length of service is at least five years but less than 10 years: Lump-sum payment on retirement or lump-sum survivors' pension x 20 percent;
2. Where the length of service is at least 10 years but less than 20 years: Lump-sum payment on retirement or lump-sum survivors' pension x 25 percent;
3. Where the length of service is at least 20 years: Lump-sum payment on retirement or lump-sum survivors' pension x 30 percent.
(3) Notwithstanding the former part of paragraph (1), where the amount of the retirement allowance to be received by a person permitted to have an aggregate length of service pursuant to Article 23 (2) of the Public Officials Pension Act (Act No. 4334), as a person who held office as of October 1, 1991 on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 13340) entered into force, due to his or her retirement or death, is less than the amount obtained by aggregating the amount of additional payments to the retirement pension under the provisions before they were amended by the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 13340) which was returned when aggregating the length of service, the interest thereon (referring to the interest calculated as compound interest at the rate of 10 percent per year for each year after paying the additional payments to the retirement pension), and the retirement allowance for his or her length of service as a public official, the sum of such amounts shall be paid as the retirement allowance.
Article 19 (Transitional Measures concerning Collection of Contributions for Period of Leave of Absence Taken for Military Service)
(1) Notwithstanding the amended provisions of Article 65, the collection of contributions for the period of leave of absence taken for military service before this Decree enters into force shall be governed by Article 63 of the previous Enforcement Decree of the Public Officials Pension Act.
(2) Notwithstanding paragraph (1), a person who has been paying contributions as of January 1, 1983, on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 10962) entered into force, for the period corresponding to 1/2 of the period of leave of absence taken to complete military service under the Military Service Act pursuant to the previous Enforcement Decree of the Public Officials Pension Act (referring to the Enforcement Decree before being wholly amended by Presidential Decree No. 10962; hereinafter the same shall apply) shall pay contributions in the manner prescribed in the previous Enforcement Decree of the Public Officials Pension Act, and shall pay contributions of the same amount as the contributions for the relevant month for the remaining period of leave of absence taken for military service from the month following the month in which the last contributions were paid.
Article 20 (Transitional Measures concerning Return of Overpaid Contributions)
Where overpaid or underpaid contributions are returned or collected on or after this Decree enters into force, the relevant contributions for the period until the date immediately preceding the enforcement date of this Decree shall be calculated pursuant to Article 65 of the previous Enforcement Decree of the Public Officials Pension Act, and those for the period on or after the enforcement date of this Decree shall be calculated pursuant to the amended provisions of Article 66.
Article 21 (Transitional Measures concerning Payment of Contributions Based on Monthly Remuneration Before Reduction)
The amended provisions of Article 65-2 of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101) shall also apply to a person who has been paying contributions as of January 1, 2001, on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101) entered into force, based on the grade and salary class before his or her monthly remuneration was reduced pursuant to Article 66 (4) of the previous Public Officials Pension Act (referring to the Act before being partially amended by Act No. 6328); but the amount of monthly remuneration in the year in which the enforcement date of that Decree falls based on the grade and salary class before it was reduced shall be deemed the amount of monthly remuneration before it was reduced pursuant to Article 65-2 of that Decree.
Article 22 (Transitional Measures concerning Forms)
Written claims, etc. submitted pursuant to the previous Enforcement Decree of the Public Officials Pension Act as at time this Decree enters into force shall be deemed written claims, etc. submitted pursuant to this Decree.
Article 23 (Transitional Measures concerning Scope of Application of Previous Addenda)
The previous Addenda provided pursuant to the amendment of the previous Enforcement Decree of the Public Officials Pension Act shall continue to apply even after this Decree enters into force, to the extent not contradicting this Decree, except for cases where the validity has already been extinguished.
Article 24 Omitted.
Article 25 (Relationship to Other Statutes and Regulations)
Where any other statute or regulation cites the previous Enforcement Decree of the Public Officials Pension Act or any provisions thereof as at the time this Decree enters into force, it shall be deemed to cite this Decree or the relevant provisions of this Decree in lieu of the previous provisions, if the provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 30760, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 11, 2020.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 30807, Jun. 30, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 30833, Jul. 14, 2020>
This Decree shall enter into force on July 15, 2020.
ADDENDA <Presidential Decree No. 31337, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Article 2 (General Applicability)
This Decree shall also apply to cases under investigation by a senior judicial police officer as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 31349, Dec. 31, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31537, Mar. 16, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Documents Attached to Claims for Settlement of Pensions)
The amended provisions of Article 32 (1) shall begin to apply to claims for settlement of pensions filed on or after the date this Decree enters into force.
Article 3 (Transitional Measures concerning Conversion of Amount of Standard Monthly Income into Current Value)
(1) Notwithstanding the amended provisions of Article 10 (1), with regard to conversion of the amount of standard monthly income into the current value for a person whose aggregate length of service or period of service is recognized under Article 25 (2) of the Act before this Decree enters into force, the previous provisions shall apply.
(2) Notwithstanding the amended provisions of Article 10 (7) of the Addenda of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 29181), with regard to conversion of the amount of monthly remuneration or the average amount of monthly remuneration into the current value for a person whose aggregate length of service or period of service before the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21974) enters into force is recognized before this Decree enters into force, the previous provisions shall apply.
Article 4 Omitted.