CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to stabilizing the livelihood of members of the armed forces and their survivors and to improving their welfare by providing adequate benefits for the members of the armed forces and survivors upon their retirement or death after having diligently completed military service for a substantial period.
| Article 2 (Scope of Application) |
This Act shall apply to non-commissioned officers and higher-ranking members of the armed forces in active service: Provided, That non-commissioned officers appointed not volunteered are excluded herefrom.
| (1) | The terms used in this Act are defined as follows: |
| 1. | The term “amount of standard monthly income” means an amount averaging the total of the taxable annual income, out of the income earned for military service for a certain period, by 12 months, based on which contributions and benefits are calculated. In such cases, the scope of taxable income included in the amount of standard monthly income, the methods of determining the amount of standard monthly income, the applicable periods thereof, and other relevant matters shall be prescribed by Presidential Decree; |
| 2. | The term “amount of average standard monthly income” means an amount dividing, by a member’s period of service, the total of each year’s standard monthly income during the member’s period of service, which is converted into the current value as of the day on which the reason for paying benefits occurs (or the day preceding the date of the member’s retirement if the reason for paying benefits occurs upon or after retirement from service; hereinafter the same shall apply), as prescribed by Presidential Decree, taking into account the rate of increase in remuneration for the members of armed forces and other factors; |
| 3. | The term “retirement” means discharge, retirement, or removal from military service; |
| 4. | The term “survivor” means any of the following persons supported by a current or former member of the armed forces at the time of the member’s death: |
| (a) | A spouse (including a person in a de facto marital relationship; excluding a spouse to whom the member is married when the member is 61 years of age or older after his or her retirement: Provided, That the same shall not apply to a person in a marital relationship at the time the member was in military service; hereinafter the same shall apply); |
| (b) | Children (excluding any children born or adopted when the member is 61 years of age or older after his or her retirement; but an unborn child when the member is 60 years of age after his or her retirement shall be deemed to be a child born to such member while in military service; hereinafter the same shall apply); |
| (c) | Parents (excluding parents who adopt the member after the date of his or her retirement); |
| (d) | Grandchildren (excluding any grandchildren born or adopted when the member is 61 years of age or older after his or her retirement; but an unborn child when the member is 60 years of age after his or her retirement shall be deemed to be a grandchild born while in military service; hereinafter the same shall apply); |
| (e) | Grandparents (excluding grandparents if the member is adopted after the date of his or her retirement); |
| 5. | The term “contribution” means an amount paid by a member of the armed forces under Article 42 to be used for benefits; |
| 6. | The term “State’s contribution” means an amount paid by the State to be used for benefits. |
| (3) | A grandchild defined in paragraph (1) 4 (d) shall be limited to any of the following grandchildren who has no father or whose father has a disability corresponding to disability rating: <Amended on Feb. 3, 2022> |
| 1. | A grandchild of less than 25 years of age; |
| 2. | A grandchild of 25 years of age or older who has a disability corresponding to disability rating. |
| (4) | An embryo or fetus of a current or former member of the armed forces at the time of the member’s death shall be deemed to have been born for purposes of payment of benefits under this Act. |
| Article 4 (Return of Contributions) |
A former member of the armed forces who is not entitled to receive any benefit under this Act or the member’s survivor shall return the contributions made by the member during the period of his or her service, plus the interest prescribed by Presidential Decree.
CHAPTER II PERIOD OF SERVICE
| Article 5 (Calculation of Period of Service) |
| (1) | The period of service of a member of the armed forces shall be calculated based on the number of years and months from the month during which the member was appointed, to the month in which the day preceding the date of the member’s retirement, or the date of member’s death falls. |
| (2) | The periods of service of a person who is appointed as a warrant officer or an officer from a non-commissioned officer (excluding a non-commissioned officer appointed not volunteered), or a person who is appointed as an officer from a warrant officer shall be aggregated, and a period as a cadet shall be included in his or her period of service if a warrant officer or non-commissioned officer (excluding a non-commissioned officer appointed not volunteered) applies for a cadet while serving in that rank. |
| (3) | A period of engaging in a combat shall be tripled. |
| (4) | The period of service (including a period of service prescribed by Presidential Decree out of a period of service performed upon being called up for defense, full-time reserve service, or supplementary service) as an active duty service member under the Military Service Act or a non-commissioned officer appointed not volunteered before appointment as a member of the armed forces subject to this Act may be included in the period of his or her service specified in paragraph (1) as he or she wishes. In such cases, a person who intends to include the period of his or her service shall submit an application for inclusion of the period of service to the Minister of National Defense. |
| (5) | Where a retired member of the armed forces or retired public official or private school teacher or staff (excluding any person who was not governed by this Act, the Public Officials Pension Act, or the Pension for Private School Teachers and Staff Act) serves as a member of the armed forces, the period of his or her service or employment under the relevant Pension Act and the period of service specified in paragraph (1) may be aggregated as he or she wishes. |
| (6) | For purposes of calculating a period of service, a period of service performed by a person for at 19 years and six months but less than 20 years shall be deemed to be 20 years. |
| (7) | The calculation of a period of service shall not be made retroactively to the year preceding the year in which the Government of the Republic of Korea was established. |
| (8) | A period added under paragraph (3) or (6) or a period of service specified in paragraph (4) or (5) shall not be added to, or included in, the period of service under paragraph (1) for purposes of the payment of a retirement allowance under Article 37 (hereinafter referred to as “retirement allowance”). |
| (9) | For purposes of calculating a period of service in respect of the payment of a retirement allowance to a member of the armed force, 1/2 of the period of a leave of absence, the period of release from office and the period of suspension from office, excluding a leave of absence on the following grounds, shall be subtracted from the period of his or her service: |
| 1. | A leave of absence due to a disease or injury incurred in the line of duty; |
| 2. | A leave of absence as he or she is temporarily employed by an international organization, overseas institution, a local or overseas university, or a local or overseas research institute; |
| 3. | A leave of absence due to child care, or pregnancy or childbirth of a female member of the armed forces; |
| 4. | A leave of absence to perform duties under other statutes. |
| Article 6 (Methods of Aggregating Periods of Service) |
| (1) | A person who intends to aggregate his or her former period of service or employment with the period of service as a member of the armed forces under Article 5 (5) (hereinafter referred to as “aggregation of the periods of service”) shall submit an application for aggregation of the periods of service to the Minister of National Defense. |
| (2) | A person obtaining the recognition of aggregation after filing an application for aggregation of the periods of service under paragraph (1) shall refund to the Military Pension Fund established under Article 47 an amount (hereinafter referred to as “amount to be returned"), which is the amount of retirement benefits the person received at the time of his or her retirement [or an amount of benefits the person would have received without any restriction if he or she was subject to a restriction on the amount of benefits under Article 38 of this Act or Article 65 of the Public Officials Pension Act (including any case where such Article is applied mutatis mutandis in Article 42 of the Pension for Private School Teachers and Staff Act)], plus the interest prescribed by Presidential Decree: Provided, That where a person obtaining the recognition of the periods of service is a beneficiary of a veteran's pension under Article 21 (hereinafter referred to as “veteran's pension”), retirement pension under Article 43 of the Public Officials Pension Act or Article 42 of the Pension for Private School Teachers and Staff Act (hereinafter referred to as “retirement pension”), or an early retirement pension (hereinafter referred to as “early retirement pension”), the person shall not return pension benefits. |
| (3) | An amount that shall be returned under paragraph (2) may be paid in installments, as prescribed by Presidential Decree. In such cases, the interest prescribed by Presidential Decree shall be added to the amount. |
| (4) | Where a person obtaining the recognition of the periods of service applies for excluding all or part of the approved period from aggregation, or fails to repay an amount to be returned for at least six months, the Minister of National Defense may exclude the period applied for exclusion from aggregation or the period corresponding to the period during which an amount to be returned remains unpaid, from the aggregated period of service. |
SECTION 1 General Provisions
| Article 7 (Kinds of Benefits) |
The kinds of benefits payable under this Act are as follows:
| (b) | A lump-sum veteran's pension; |
| (c) | A lump-sum veteran's pension after deduction; |
| (d) | A lump-sum payment on retirement; |
| 2. | Retirement benefits for survivors: |
| (a) | A veteran's pension for survivors; |
| (b) | An additional payment to veteran's pension for survivors; |
| (c) | A special additional payment to veteran's pension for survivors; |
| (d) | A lump-sum veteran's pension for survivors; |
| (e) | A lump-sum payment on retirement to survivors; |
| 3. | A retirement allowance. |
| Article 8 (Confirmation of Reasons for Benefits and Determination of Benefits) |
Benefits listed in Article 7 shall be determined and paid by the Minister of National Defense upon request of a person entitled to receive such benefits.
| Article 9 (Basis for Calculation of Benefits) |
Benefits payable under this Act shall be calculated based on the following classification:
| 1. | A veteran's pension and a veteran's pension for survivors specified in Article 30 (hereinafter referred to “veteran's pension for survivors”): To be calculated on the basis of an amount of average standard monthly income. In such cases, an amount of standard monthly income based on which the amount of average standard monthly income is calculated shall not exceed 180 percent of the average amount of standard monthly income of all public officials calculated under Article 30 (3) of the Public Officials Pension Act (hereinafter referred to as “average amount of standard monthly income of all public officials”); |
| 2. | Any benefit other than subparagraph 1: To be calculated on the basis of the amount of standard monthly income of the month during which the reason for paying the relevant benefit occurs. |
| Article 10 (Order of Priority of Survivors) |
The order of priority of survivors to receive benefits shall be according to the order of inheritance provided in the Civil Act.
| Article 11 (Competition between Persons in Same Order of Priority) |
Where there are at least two survivors in the same order of priority, benefits shall be paid to the survivors in an equal division, and the method of payment of such benefits shall be prescribed by Presidential Decree.
| Article 12 (Special Cases concerning Beneficiaries of Benefits) |
| (1) | Where a current or former member of the armed forces dies and there is no survivor to receive benefits, the maximum amount prescribed by Presidential Decree shall be paid to the member’s lineal descendant or lineal ascendant who is not the member’s survivor, and such amount may be used for the deceased member if neither lineal descendant nor lineal ascendant exists. |
| (2) | Articles 10 and 11 shall apply mutatis mutandis to the payment of benefits if there are two or more lineal descendants or lineal ascendants who are not a survivor under paragraph (1). |
| Article 13 (Period and Timing for Payment of Pension) |
| (1) | A pension benefit shall be paid in proportion to the period beginning in the month following the month during which the reason for paying the pension benefit occurs and ending in the month during which the reason ceases to exist. |
| (2) | Where the reason for suspending a pension benefit occurs, the payment of the pension benefit shall be suspended for the period beginning in the month following the month during which the reason occurs and ending in the month during which the reason ceases to exist: Provided, That the payment thereof shall not be suspended if the reason for suspension occurs and ceases to exist in the same month. |
| (3) | Pension benefits shall be paid monthly, as prescribed by Presidential Decree. |
| Article 14 (Adjustment of Amount of Pension) |
| (1) | Pension benefits shall be increased or decreased annually by an amount equal to the previous year’s percentage change in the nationwide consumer price index published by the Commissioner of the Statistics Korea each year under Article 3 of the Statistics Act compared with the percentage change in the nationwide consumer price index in the year preceding the previous year. |
| (2) | The amounts adjusted under paragraph (1) shall apply from January to December of the relevant year. |
| (3) | The Minister of National Defense shall notify every beneficiary of the amounts adjusted under paragraph (1). |
| Article 15 (Special Cases concerning Payment of Pension) |
| (1) | Where a person entitled to receive pension benefits emigrates to a foreign country, the person may be paid an amount equal to the pension payable for the four-year period on the basis of the month following the month in which such person departs from the Republic of Korea, in lieu of the pension benefits as he or she wishes. |
| (2) | Where a person entitled to receive pension benefits loses his or her Korean nationality, the person may be paid an amount equal to the pension payable for the four-year period on the basis of the month following the month in which the person loses Korean citizenship, in lieu of the pension benefits as he or she wishes. |
| Article 16 (Recovery of Benefits) |
| (1) | Where any of the following is applicable to a person who has received benefits (including his or her heir), the Minister of National Defense shall recover the benefits, and shall collect the benefits plus the interest and recovery expenses prescribed by Presidential Decree if subparagraph 1 or 2 is applicable to the person: Provided, That the Minister of National Defense shall not collect interest and recovery expenses if the recovery is not attributable to the person liable to refund the benefits even in the case of subparagraph 1 or 2: |
| 1. | Where he or she has received the benefits by fraud or other improper means; |
| 2. | Where he or she has received more benefits than the amount he or she is entitled to by belatedly reporting or failing to report as required under Article 55; |
| 3. | Where the reason for the benefits retroactively ceases after the person has received the benefits; |
| 4. | Where the benefits have been otherwise erroneously paid. |
| (2) | In recovering benefits under paragraph (1), if a person required to pay the amount to be recovered fails to do so by the due date, the Minister of National Defense shall collect the benefits, plus the interest prescribed by Presidential Decree. |
| (3) | In recovering benefits under paragraph (1) or (2), if a person required to pay the amount to be recovered and interest fails to do so by the due date, the Minister of National Defense may collect the benefits and interest in the same manner as delinquent national taxes are collected. |
| (4) | In recovering benefits under paragraph (1), the Minister of National Defense may write off the benefits if any of the following is applicable: Provided, That, if any seizable property is found after a write-off in the case of subparagraph 1 or 3, the Minister of National Defense shall cancel such write-off without delay and collect the benefits in the same manner as delinquent national taxes are collected: |
| 1. | Where the disposition on default is completed and the amount allotted to the amount of default is less than the amount of such default; |
| 2. | Where the extinctive prescription on the relevant right is completed; |
| 3. | In other circumstances prescribed by Presidential Decree under which collection of the benefits is impracticable. |
| Article 17 (Payment after Deduction of Unpaid Amount) |
Where a current or former member of the armed forces or a person receiving a retirement benefit for survivors referred to in subparagraph 2 of Article 7 (hereinafter referred to as “retirement benefit for survivors”) has any of the following debts, the Minister of National Defense may make a payment after deducting the relevant debt from the benefit payable under this Act: Provided, That such deduction shall not exceed 1/2 of a monthly pension payment in respect of pension benefits: | 1. | The principal of an amount to be returned under Article 6 (2) and (3) and the interest thereon; |
| 2. | The principal of an amount to be recovered under Article 16 and the interest thereon; |
| 3. | The difference related to the settlement (referring to the settlement of a suspended pension if an amount of income is confirmed under the Income Tax Act) of a suspended pension under Article 27 (3); |
| 4. | An unpaid contribution, if a contribution under Article 42 is not paid; |
| Article 18 (Protection of Entitlement) |
| (1) | No entitlement to benefits shall be transferred, seized, or offered as collateral: Provided, That the same shall not apply in any of the following cases: |
| Article 19 (Adjustment of Benefits) |
| (1) | Where a person entitled to receive a veteran's pension becomes eligible for a veteran's pension for survivors in addition to his or her veteran's pension, the person is paid an amount less 1/2 of the veteran's pension for survivors. |
| (2) | Where a person receiving a veteran's pension, a retirement pension, or an early retirement pension retires again or dies after obtaining the recognition of aggregation of the periods of service under Article 5 or 6, the person or his or her survivor may only receive the veteran's pension [including a lump-sum veteran's pension after deduction payable under Article 21 (hereinafter referred to as “lump-sum veteran's pension after deduction”)] or a veteran's pension for survivors [including an additional payment to veteran's pension for survivors payable under Article 33 (hereinafter referred to as “additional payment to veteran's pension for survivors”)], and may not receive a lump-sum veteran's pension payable under Article 21 (hereinafter referred to as “lump-sum veteran's pension”) or a lump-sum veteran's pension for survivors payable under Article 34 (hereinafter referred to as “lump-sum veteran's pension for survivors”) in lieu of the veteran's pension or veteran's pension for survivors. |
| Article 20 (Adjustment of Benefits under Other Statutes or Regulations) |
| (2) | Where a person entitled to receive a retirement pension or an early retirement pension or a disability pension under Article 26 of the Military Accident Compensation Act (hereinafter referred to as “disability pension”) becomes eligible for a veteran's pension for survivors under this Act, the person is paid an amount less 1/2 of the veteran's pension for survivors. |
| (3) | Where the reason for paying a veteran's pension and a disability pension to the same person occurs, the person is made to elect one pension more favorable to him or her for payment purposes. |
| (4) | No lump-sum payment on retirement specified in Article 28 (hereinafter referred to as “lump-sum payment on retirement”) shall be paid to any person entitled to receive to a disability pension. |
| (6) | Notwithstanding paragraph (5), where the survivor of a member of the armed forces with over 20 years of service who died while in military service has elected to receive a lump-sum veteran's pension for survivors and subsequently becomes entitled to a survivor’s pension for line-of-duty death, such survivor may receive a pension he or she elects between the lump-sum veteran's pension for survivors and the survivor’s pension for line-of-duty death. |
| (7) | Where a member of the armed forces with less than 20 years of service dies while in military service and the member’s survivor becomes entitled to a survivor’s pension for line-of-duty death, the member’s survivor may receive a pension he or she elects between a lump-sum payment on retirement to survivors provided in Article 35 (1) and the survivor’s pension for line-of-duty death. |
SECTION 2 Retirement Benefits
| Article 21 (Veteran's Pension or Lump-Sum Veteran's Pension) |
| (1) | Where a member of the armed forces retires after having completed over 20 years of service, the member shall be paid a veteran's pension from that time to the time of the member’s death: Provided, That if the member wishes, he or she may be paid a lump-sum veteran's pension in lieu of the veteran's pension, or a lump-sum veteran's pension after deduction in lieu of the veteran's pension payable for the period he or she elects out of his or her period of service in excess of 20 years (including periods of service aggregated if a person receiving a veteran's pension, a retirement pension or an early retirement pension obtains the recognition of aggregation of the periods of service under Article 5 or 6). |
| (2) | A veteran's pension shall be an amount equal to 1.9 percent of the amount of average standard monthly income for each year (each month of a period less than one year shall be calculated as 1/12 of one year; hereinafter the same shall apply) of the period of service (referring to the period of service deducting the period of service included to calculate a lump-sum veteran's pension after deduction from the total period of service, if a beneficiary receives the lump-sum veteran's pension after deduction). In such cases, the amount of the veteran's pension shall not exceed 62.7 percent of the amount of average standard monthly income. |
| (3) | A lump-sum veteran's pension shall be calculated in accordance with the following formula. In such cases, each one month for a period less than one year shall be calculated as 1/12 of one year and a period in excess of 33 years shall be deemed to be 33 years for purposes of calculating the number of years of service: |
| the amount of basic monthly income of the month in which the day preceding the date of retirement falls x the number of years of service x [975/1,000 + 65/10,000 x (the number of years of service ? 5)] |
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| (4) | A lump-sum veteran's pension after deduction shall be calculated in accordance with the following formula. In such cases, the number of years of service for deduction means the number of years of service which a retiring member of the armed forces wishes to include in calculating a lump-sum veteran's pension after deduction. Each one month for a period less than one year shall be calculated as 1/12 of one year and the number of years of service for deduction shall not exceed 13 years: |
| the amount of basic monthly income of the month in which the day preceding the date of retirement falls x the number of years of service for deduction x [975/1,000 + 65/10,000 x (the number of years of service for deduction)] |
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| Article 22 (Eligible Beneficiaries of Split Pension) |
| (1) | Where a person who has been married to a member of the armed forces for at least five years (excluding any period during which the person has no de facto marital relationship with his or her spouse for such reasons as separation or runaway while his or her spouse is serving as a member of the armed forces; hereinafter the same shall apply) and satisfies both of the following requirements, the person may receive a pension payment splitting the veteran's pension (hereinafter referred to as “split pension”) that his or her former spouse is entitled to, for his or her life time since then: |
| 1. | The person has divorced his or her spouse; |
| 2. | The person’s spouse is an eligible beneficiary of a veteran's pension; |
| (2) | A split pension shall be an amount equally dividing the amount of the pension payable for the marriage period out of the amount of the veteran's pension a person’s former spouse is entitled to. |
| (3) | A split pension shall be claimed within five years from the time a person satisfies both of the requirements provided in the subparagraphs of paragraph (1). |
| (4) | Claims for a split pension and criteria for and methods of recognition of the marriage period under paragraphs (1) through (3) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 23 (Special Cases concerning Payment of Split Pension |
| Article 24 (Relationship between Split Pension and Veteran's Pension) |
| (1) | An entitlement to a split pension under Article 22 remains unaffected although an entitlement to a veteran's pension held by a person’s former spouse ceases or is suspended for the reason which has occurred in respect of the former spouse after the person acquired the entitlement: Provided, That Article 38 shall apply mutatis mutandis if the veteran's pension payable to the former spouse is reduced or suspended for such reasons as a criminal punishment. |
| (2) | Where an eligible beneficiary becomes entitled to at least split pensions, the eligible beneficiary shall be paid an aggregate of at least two split pensions. |
| (3) | An eligible beneficiary of a split pension shall not be deemed an eligible beneficiary of a veteran's pension for purposes of the payment of a veteran's pension for survivors. |
| (4) | Where an eligible beneficiary of a split pension becomes entitled to a veteran's pension, the eligible beneficiary is paid an aggregate of the split pension and the veteran's pension. |
| (5) | Where an entitlement to a split pension ceases, a former spouse is paid a full amount before the split, beginning with the month following the month during which the reason for cease occurs. |
| (6) | Where both an eligible beneficiary of a split pension and his or her former spouse are the eligible beneficiaries of a veteran's pension, no split pension may be made under an agreement between the beneficiary and his or her former spouse. |
| Article 25 (Special Cases concerning Claims for Split Pensions) |
| (1) | Notwithstanding Article 22 (3), if a person divorces his or her spouse before the requirement of Article 22 (1) 2 is satisfied, the person may claim a split pension in advance (hereinafter referred to as “prior claim for a split pension") from the time his or her divorce takes effect. |
| (2) | Where a prior claim for a split pension is made, a claim under Article 22 (3) shall be deemed to be made: Provided, That this shall only apply where a prior claim for a split pension has been made and is not canceled under paragraph (3). |
| (3) | A prior claim for a split pension shall be made within five years from the time a divorce takes effect, and may be canceled before the requirement of Article 22 (1) 2 is satisfied. In such cases, a prior claim for a split pension and a cancellation of the prior claim may be made only once, respectively. |
| (4) | Although a prior claim for a split pension has been made, a split pension shall be made only when both of the requirements specified in the subparagraphs of Article 22 (1) are satisfied. |
| (5) | The method of and procedures for making and canceling prior claims for split pensions under paragraphs (1) through (3) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 26 (Split of Lump-Sum Veteran's Pension) |
| (1) | A former spouse of any of the following members of the armed forces (only applicable where a person has been married with a member of armed forces for at least five years divorced took place before claiming a veteran's pension of his or her former spouse, who was a member of the armed forces) shall be paid a split of the benefit specified in each subparagraph upon his or her claim. In such cases, a prior claim for a split pension already made shall be deemed to be a prior claim for the benefit specified in each subparagraph: |
| 1. | A member of the armed forces who claims a lump-sum veteran's pension in lieu of a veteran's pension under Article 21 (1); |
| 2. | A member of the armed forces who claims a lump-sum veteran's pension after deduction in lieu of a veteran's pension under Article 21 (1); |
| 3. | A member of the armed forces who claims a lump-sum payment on retirement. |
| (2) | A claim for splitting a lump-sum veteran's pension, lump-sum veteran's pension after deduction or lump-sum payment on retirement under paragraph (1) shall be made within five years from the date on which a claim for the lump-sum veteran's pension, lump-sum veteran's pension after deduction, or lump-sum payment on retirement (hereafter in this Article referred to as “lump-sum veteran's pension, etc.”) is made. |
| (3) | Article 22 (2), Article 23, the proviso of Article 24 (1), Article 24 (2), (4) and (6), Article 25 (1), (2) and (4) shall apply mutatis mutandis to an amount to be split under paragraph (1) and the method of filing claims. In such cases, a “split pension” shall be deemed to be “split of a lump-sum pension”, “split of a lump-sum pension after deduction”, or “split of a lump-sum payment”. |
| (4) | Matters necessary to split and pay a lump-sum veteran's pension, etc. under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 27 (Suspension of Veteran's Pension) |
| (1) | Where any of the following is applicable to a beneficiary of a veteran's pension, the veteran's pension shall be fully suspended for the period of his or her employment: Provided, That this shall not apply if any of subparagraphs 3 through 5 is applicable to such beneficiary and his or her earned income is less than 160 percent of the average amount of standard monthly income of all public officials in the preceding year: |
| 2. | Where the beneficiary takes office as an elected public official; |
| 4. | Where the beneficiary is employed as an executive officer or employee of any institution wholly invested or funded by a local government among local government-directly operated enterprises, local government-invested public corporations and public agencies specified in Article 2 of the Local Public Enterprises Act; |
| 5. | Where the beneficiary is employed as an executive officer or employee of any institution wholly invested or funded by a local government among local government-invested or funded institutions specified in Article 2 (1) of the Act on the Operation of Local Government-Invested or ?Funded Institutions. |
| (3) | Where a beneficiary of a veteran's pension has business income specified in Article 19 (2) of the Income Tax Act (excluding the amount of business income prescribed by Presidential Decree) or earned income specified in Article 20 (2) of that Act, in addition to his or her pension, and if the amount of the business income or earned income or the monthly average of an aggregate of such incomes (hereafter in this Article referred to as “amount of monthly income”) exceeds the amount of his or her average monthly wage in the preceding year, the payment of an amount specified in the following shall be suspended from the veteran's pension. In such cases, the suspended amount shall not exceed 1/2 of the veteran's pension: |
| Amount of monthly income exceeding the amount of average monthly wage in the preceding year (amount of monthly income in excess) | Suspended amount | | Less than 500,000 won | 10 percent of the amount of monthly income in excess of less than 500,000 won | | More than 500,000 won but less than 1 million won | 50,000 won + 20 percent of the amount of monthly income in excess of 500,000 won | | More than 1 million won but less than 1.5 million won | 150,000 won + 30 percent of the amount of monthly income in excess of 1 million won | | More than 1.5 million won but less than 2 million won | 300,000 won + 40 percent of the amount of monthly income in excess of 1.5 million won | | More than 2 million won | 500,000 won + 50 percent of the amount of monthly income in excess of 2 million won |
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| (4) | The amount of average monthly wage under paragraph (3) means the annual average amount of the total wage of an employee, as published in the Monthly Labor Statistic Report prepared by the Minister of Employment and Labor under the Statistics Act on the basis of businesses or places of business employing five or more regular employees (excluding agriculture, forestry, and fisheries). |
| (5) | Calculation of the amount of monthly income and the amount of average monthly wage and the method for suspending payment under paragraph (3) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 28 (Lump-Sum Payment on Retirement) |
| (1) | A member of the armed forces who retires after having completed less than 20 years of service shall be paid a lump-sum payment on retirement. |
| (2) | The amount of a lump-sum payment on retirement for a member of the armed forces who has completed more than five but less than 20 years of service shall be calculated under Article 21 (3). |
| (3) | The amount of a lump-sum payment on retirement for a member of the armed forces who has completed more than one month but less than five years of service shall be calculated in accordance with the following formula. In such cases, each one month for a period less than one year shall be calculated as 1/12 of one year: |
| the amount of basic monthly income of the month in which the day preceding the date of retirement falls x the number of years of service x 78/100 |
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| (4) | Where an amount calculated under paragraph (2) or (3) is less than the amount of contributions already paid by a member of the armed forces, plus the interest specified in Article 379 of the Civil Act, notwithstanding paragraph (2) or (3), the contributions plus the interest specified in Article 379 of the Civil Act is a lump-sum payment on retirement to be paid to a member of the armed forces, in lieu of the amount calculated under paragraph (2) or (3). |
| Article 29 (Retirement Benefits for Missing Persons) |
| (1) | Where a person entitled to receive retirement benefits referred to in subparagraph 1 of Article 7 (hereinafter referred to as “retirement benefits”) has gone missing for at least one year, the retirement benefits may be paid to the member’s prospective heir (who should be within the meaning of survivors; hereafter in this Article the same shall apply) upon the prospective heir’s claim. |
| (2) | Where an heir applies for a veteran's pension of a missing person under paragraph (1), the heir is paid the veteran's pension payable from the time the missing person becomes entitled to receive the veteran's pension under this Act, and, if the whereabouts of the missing person remain unknown after three-year from the time such missing person becomes entitled to receive the veteran's pension, the heir is paid an amount equal to 60 percent of the veteran's pension the missing person is entitled to, from the following month. |
| (3) | Where a missing person is confirmed dead after benefits were paid to the person’s heir under paragraph (2), the heir is paid a veteran's pension for survivors from the following month of the date on which his or her death is confirmed: Provided, That where the date of the missing person’s death is within three years from the date of payment of the benefits to his or her heir under paragraph (1), his or her heir shall refund, to the Military Pension Fund established under Article 47, the difference between the veteran's pension for survivors which the heir is eligible to receive for the three years from the following month of the date of the missing person’s death and the benefits actually paid, plus the interest prescribed by Presidential Decree. |
| (4) | Where a missing person is confirmed alive, a veteran's pension shall be paid to the person confirmed alive from the following month of the date on which he or she is confirmed alive. In such cases, if 60 percent of the veteran's pension was paid to his or her heir under paragraph (2), the person shall be paid an amount equal to the difference between the benefits paid and the benefits should have been paid for the relevant period, plus the interest prescribed by Presidential Decree. |
| (5) | Where there are two or more heirs under paragraph (1), Articles 10 and 11 shall apply mutatis mutandis to the order of priority of the heirs and the payment of retirement benefits, and Article 32 shall apply mutatis mutandis to the loss or transfer of the entitlement of an heir receiving benefits under paragraph (2). |
SECTION 3 Retirement Benefits for Survivors
| Article 30 (Veteran's Pension for Survivors) |
| (1) | Where a member of the armed forces entitled to a veteran's pension dies, a veteran's pension for survivors shall be paid to the member’s survivor. |
| (2) | The amount of a veteran's pension for survivors shall be 60 percent of the amount of the veteran's pension a current or former member of the armed forces is entitled to. |
| (3) | Notwithstanding paragraph (2), 70 percent of the amount of the veteran's pension a current or former member of the armed forces is entitled to shall be paid to a person who is within the meaning of Article 3 (2) or (3) (including the spouse defined in Article 3 (1) 4 (a) of a current or former member of the armed forces, who supports such person) among the survivors. |
| Article 31 (Veteran's Pension for Survivors Payable to Missing Persons) |
Where a person entitled to receive a veteran's pension for survivors has gone missing for at least one year and if there is another person in the same order of priority, the survivor’ pension equal to the period of missing shall be paid to that person in the same order of priority upon that person’s claim, and if there is no person in the same order of priority, the survivor’ pension equal to the period of missing may be paid to a person next in order of priority upon the person’s claim.
| Article 32 (Loss and Transfer of Entitlement to Veteran's Pension for Survivors) |
| (1) | Where any of the following is applicable to a person entitled to receive a veteran's pension for survivors, the person loses the entitlement: <Amended on Feb. 3, 2022> |
| 1. | Where the person dies; |
| 2. | Where the person remarries (including being in a de facto marital relationship); |
| 3. | Where his or her kinship with the deceased member of the armed forces is terminated; |
| 4. | Where his or her child or grandchild who does not have a disability qualifying for disability rating attains 25 years of age; |
| 5. | Where the state of a person receiving a veteran's pension for survivors due to a disability qualifying for disability rating is eased. |
| (2) | Where a person entitled to receive a veteran's pension for survivors loses his or her entitlement and there is another person in the same order or priority, the entitlement is transferred to that person in the same order or priority, and if there is no person in the same order of priority, the entitlement is transferred to a person next in order of priority. |
| Article 33 (Additional Payments to Veteran's Pension for Survivors) |
| (1) | Where a member of the armed forces dies while serving for over 20 years, the member’s survivor is paid an additional payment to veteran's pension for survivors, in addition to a veteran's pension for survivors (including where the member’s survivor receives a survivor’s pension for line-of-duty death under Article 35 of the Military Accident Compensation Act; hereafter in this Article the same shall apply). |
| (2) | The amount of an additional payment to veteran's pension for survivors shall be 25 percent of an amount calculated under Article 21 (3). In such cases, the number of years of service shall not exceed 33 years. |
| (3) | Articles 31 and 32 shall apply mutatis mutandis to the payment of death-in-service gratuities. |
| Article 34 (Lump-Sum Veteran's Pension for Survivors) |
| (1) | Where a person entitled to receive a veteran's pension dies while in military service, if his or her survivor wishes, a lump-sum veteran's pension for survivors is paid to his or her survivor, in lieu of a veteran's pension for survivors and an additional payment to veteran's pension for survivors. |
| (2) | Article 21 (3) shall apply mutatis mutandis to the amount of a lump-sum veteran's pension for survivors. |
| (3) | Articles 31 and 32 shall apply mutatis mutandis to the payment of a lump-sum veteran's pension for survivors. |
| Article 35 (Lump-Sum Payments on Retirement to Survivors) |
| (1) | Where a member of the armed forces dies after having served for less than 20 years, the member’s survivor is paid a lump-sum payment on retirement to survivors (hereinafter referred to as “lump-sum payment on retirement to survivors”). |
| (2) | Article 28 (2) through (4) shall apply mutatis mutandis to the amount of lump-sum payments on retirement to survivors. |
| (3) | Articles 31 and 32 shall apply mutatis mutandis to the payment of lump-sum payments on retirement to survivors. |
| Article 36 (Special Death Gratuities) |
| (1) | Where a person entitled to receive a veteran's pension or disability pension (limited to a person who has served for over 20 years) dies within three years from the following month of the day preceding the date of his or her retirement, the person’s survivor is also paid a special additional payment to veteran's pension for survivors (hereinafter referred to as “special additional payment to veteran's pension for survivors”), in addition to a veteran's pension for survivors (including a case where a survivor’s disability pension is paid under Article 34 of the Military Accident Compensation Act). |
| (2) | The amount of a special additional payment to veteran's pension for survivors shall be the amount calculated by multiplying 25 percent of the amount of a lump-sum veteran's pension (or a lump-sum veteran's pension equal to the period selected for such pension, if a retiree received a lump-sum veteran's pension after deduction) at the time of retirement by the following rate: |
| [36 - (the number of months for which a retiree can receive a retirement pension until his or her death under Article 13 (1))] ×1/36 |
|
SECTION 4 Retirement Allowances
| Article 37 (Retirement Allowances) |
| (1) | Where a member of the armed forces retires or dies after having served at least one year, a retirement allowance shall be paid. |
| (2) | A retirement allowance shall be calculated in accordance with the following formula: |
| Period of service x the amount of basic monthly income x the percent prescribed by Presidential Decree |
|
| (3) | Article 29 shall apply mutatis mutandis to the payment of retirement allowances. |
SECTION 5 Restrictions on Benefits
| Article 38 (Restrictions on Benefits Due to Criminal Punishment) |
| (1) | Where a current or former member of the armed forces falls under any of the following cases, he or she shall be paid a partially reduced retirement benefit or retirement allowance, as prescribed by Presidential Decree. In such cases, the amount of the retirement benefit shall not be reduced to less than an amount calculated by adding the interest specified in Article 379 of the Civil Act to the total amount of contributions already paid by the current or former member: |
| 1. | Where he or she was sentenced to imprisonment without labor or heavier punishment due to a reason arising during the period of service (excluding any reason that has arisen due to negligence not related to his or her duties or negligence committed while complying with a justifiable order issued by his or her superior) and the sentence has become final and conclusive; |
| 2. | Where he or she is removed from office by a disciplinary action; |
| 3. | Where he or she is dismissed on disciplinary grounds for receiving money, valuables or entertainment or for embezzling or misappropriating public funds. |
| (2) | When the reason for restricting benefits under the subparagraphs of paragraph (1) ceases to exist retroactively by re-trial, etc. on the relevant final and conclusive judgment, the difference not paid under paragraph (1) plus the interest prescribed by Presidential Decree shall be paid to the relevant person. |
| (3) | Where an investigation is ongoing or a criminal trial is pending in the court due to a crime that carries imprisonment without labor or heavier punishment due to a reason arising during the period of service (excluding a reason that has arisen due to negligence not related to his or her duties or due to negligence committed while complying with a justifiable order issued by his or her superior), the payment of a retirement benefit and retirement allowance may be partially suspended, as prescribed by Presidential Decree. In such cases, if the reason for restricting benefits ceases to exist, the remaining balance plus the interest prescribed by Presidential Decree shall be paid to the relevant person. |
| Article 39 (Restrictions on Benefits Due to Intent) |
| (1) | Where a person eligible to receive retirement benefits for survivors willfully causes the death of a current or former member of the armed forces or a person receiving the retirement benefits for survivors, no retirement benefits for survivors shall be paid to that person. The same shall also apply where a person eligible to receive retirement benefits for survivors upon the death of a current or former member of the armed forces willfully causes the death of another person in the same or higher order of priority before the current or former member of the armed forces dies. |
| (2) | Where a person eligible to receive benefits under this Act willfully aggravates his or her disability or impedes recovery therefrom, all or part of benefits payable to the person may be suspended, as prescribed by Presidential Decree: Provided, That this shall not apply where such aggravation or impediment is caused by his or her act while his or her normal cognitive functions, etc. are noticeably declined for any reason prescribed by Presidential Decree. |
| Article 40 (Restrictions on Benefits for Failure to Receive Physical Examination) |
Where a person who is required to receive a physical examination in respect of the payment of benefits under this Act fails to do so without good cause, all or part of benefits payable to the person may be suspended, as prescribed by Presidential Decree.
CHAPTER IV BEARING OF EXPENSES
| Article 41 (Principles of Bearing Expenses) |
| (1) | Expenses incurred in providing retirement benefits and retirement benefits for survivors shall be borne by the members of the armed forces and the State. In such cases, expenses incurred in providing benefits shall be recalculated at least every five years to maintain financial balance. |
| (2) | Expenses incurred in providing retirement allowances shall be borne by the State. |
| (3) | Expenses incurred under Article 5 (3) shall be borne by the State. |
| (4) | Expenses incurred in performing pension-related functions shall be borne by the State. |
| Article 42 (Contributions) |
| (1) | A member of the armed forces shall pay a monthly contribution from the month in which he or she is appointed as a member of the armed forces to the month in which the day preceding the date of his or her retirement or the date of his or her death falls, and the method of, and procedures for, the payment of contributions shall be prescribed by Presidential Decree. |
| (2) | A contribution shall be an amount equal to seven percent of the amount of standard monthly income. In such cases, the amount of standard monthly income shall not exceed 180 percent of the average amount of standard monthly income of all public officials. |
| (3) | A member of the armed forces whose period of prior service is included in his or her period of service under Article 5 (4) shall pay, for such included period, a retroactive contribution in an amount equal to a contribution for the relevant month, beginning with the month following the month in the date of approval of inclusion by the Minister of National Defense falls. In such cases, if the member retires or dies while paying a retroactive contribution, an outstanding retroactive contribution calculated on the basis of the amount of standard monthly income at the time of the member’s retirement or death shall be deducted from the retirement benefits or retirement benefits for survivors payable. |
| (4) | Where a person who pays a retroactive contribution under the former part of paragraph (3) intends to pay it in a lump-sum, the person may make a lump-sum payment by calculating an outstanding retroactive contribution based on the amount of the contribution for the month in which he or she intends to make a lump-sum payment. |
| Article 43 (Disposition of Overpaid or Underpaid Contributions) |
| (1) | An overpaid or underpaid contribution may be added to, or subtracted from, a contribution to be collected subsequently, as prescribed by Presidential Decree. |
| Article 44 (State’s Contributions) |
Contributions made by the State under Article 41 (1) shall be seven percent of the remuneration budget for each fiscal year prescribed by Presidential Decree, and the method of, and procedures for, payment of the contributions shall be prescribed by Presidential Decree.
| Article 45 (Compensatory Grants) |
Where expenses incurred for providing benefits under this Act cannot be covered with contributions and State’s contributions, the State shall bear the shortage.
| Article 46 (Transfer of Amount of Pension) |
| (1) | Where an eligible beneficiary of a retirement pension or an early retirement pension retires or dies after having the periods of service aggregated under Articles 5 and 6 upon appointment as a member of the armed forces, the Government Employees Pension Service or the Private School Teachers Pension Service shall transfer an amount equal to the retirement pension, early retirement pension, or veteran's pension for survivors (including an amount payable under Article 12 and an additional payment to veteran's pension for survivors and a special additional payment to veteran's pension for survivors) that the retiree or his or her survivor (including a person entitled to receive benefits under Article 12) is entitled to under the Public Officials Pension Act or the Pension for Private School Teachers and Staff Act to the Military Pension Fund established under Article 47. |
| (2) | The method of computing an amount to be transferred under paragraph (1) and transfer deadlines shall be prescribed by Presidential Decree. |
CHAPTER V MILITARY PENSION FUND
| Article 47 (Establishment and Creation of Military Pension Fund) |
| (1) | There shall be established the Military Pension Fund (hereinafter referred to as the "Fund") to raise funds necessary for operating the military pension system under this Act. |
| (2) | The Fund shall be raised with the contributions, State’s contributions, compensatory grants, legal reserves, proceeds from the operation of the Fund, borrowings or money transferred from other Funds or accounts, and other revenues. |
| Article 48 (Accumulation of Legal Reserves) |
| (1) | The State shall accumulate legal reserves in the Fund within the budget for the financial stability of the Military Pension Fund. |
| (2) | Where any surplus accrues as a result of the settlement of accounts of the Fund in each fiscal year, such surplus shall be accumulated as legal reserves. |
| (3) | Where the Fund falls short of money in relation to the payment of benefits under this Act in any of the following circumstances, legal reserves may be used: |
| 1. | Where the State budget has been allocated insufficiently; |
| 2. | Where the number of retirees or applicants for a lump-sum veteran's pension has exceeded the estimated number when the budget was first compiled; |
| 3. | Where an unexpected reason prescribed by Presidential Decree has occurred. |
| (4) | Legal reserves used under paragraph (3) shall be re-accumulated as reflected in compensatory grants of the second following year. |
| Article 49 (Management and Operation of the Fund) |
| (1) | The Fund shall be managed and operated by the Minister of National Defense. |
| (2) | The Fund shall be operated in the following manners, and it shall secure the maximum profit: |
| 1. | Acquiring and disposing of properties or administering welfare services to improve the welfare of members of the armed forces; |
| 2. | Depositing in financial companies, etc. or in financial funds; |
| 3. | Purchasing securities issued, or the fulfillment of obligation of which, are guaranteed, by the State, local governments, financial companies, etc.; |
| 4. | Other business prescribed by Presidential Decree to increase the Fund. |
| Article 50 (Purposes of Fund) |
The Fund shall be used for the following purposes:
| 1. | To pay benefits and refunds and to refund contributions under this Act; |
| 3. | To repay borrowings and to pay interest thereon; |
| 3. | Other expenses necessary to operate the military pension system. |
CHAPTER VI REQUEST FOR REVIEW
| Article 51 (Request for Review) |
| (1) | A person who is dissatisfied with a determination of benefits, the collection of contributions, and other benefits under this Act may file a request for review with the Military Accident Compensation and Pension Review Committee established under Article 48 of the Military Accident Compensation Act. |
| (2) | A request for review under paragraph (1) shall be filed within 180 days from the date of a determination of benefits, etc. or within 90 days from the date on which the affected person becomes aware of the determination: Provided, That an exception may be granted where it is proved that a request for review cannot be filed within such periods for good cause shown. |
| (3) | No administrative appeal under the Administrative Appeals Act may be filed against any determinations of benefits, the collection of contributions and other benefits under this Act. |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 52 (Prescription) |
| (1) | An entitlement to benefits under this Act shall be extinguished upon completion of prescription unless it is exercised within five years from the date on which the reason for payment of the benefit occurs. |
| (2) | Notwithstanding paragraph (1), if a member of the armed forces is recognized as having died in the line of duty through a re-examination by the committee for examination of killed or wounded in action and death or injury in the line of duty under Article 54-3 (2) of the Military Personnel Management Act, an entitlement to retirement allowance benefits shall be extinguished upon completion of prescription unless it is exercised within five years from the date on which the member is recognized as having died in the line of duty. |
| (3) | An entitlement to get a refund of contributions shall be extinguished upon completion of prescription unless it is exercised within five years from the date on which the reason for payment of the contributions occurs. |
| (4) | Where any entitlement provided in paragraphs (1) through (3) cannot be exercised due to a war, an incident, or any other unavoidable cause, an extension of a period not to exceed two years may be granted, as prescribed by Presidential Decree. |
| (5) | The right of the Minister of National Defense to collect or recover contributions, the amount to be recovered, or other money to be collected under this Act shall be extinguished upon completion of prescription unless it is exercised within five years from the date on which the reason for collection or recovery occurs. |
| (6) | Notice or demand for payment of contributions, the amount to be recovered, or other money to be collected, a claim for payment of benefits, or a claim for refund of an overpayment, etc. shall have the effect of interrupting extinctive prescription. |
| (7) | Extinctive prescription interrupted under paragraph (6) shall run anew after the due date specified in the notice or demand. |
| (8) | If a person files a suit in respect of a determination of benefits under this Act and wins the suit, the person’s entitlement to the benefits shall be extinguished upon completion of prescription unless it is exercised within five years from the date on which the relevant judgment becomes final and conclusive. |
| Article 53 (Period of Effectuation) |
For purposes of calculating a period for filing a claim for benefits or a request for review under this Act, if such document is sent by mail before the expiration of the period of prescription, the number of days taken for delivery by mail shall be excluded from the period.
| Article 54 (Right to Request Submission of Documents) |
| (1) | The Minister of National Defense may request a person entitled to receive benefits under this Act to submit necessary documents or things in respect of a change in his or her status, the degree of his or her disability, and payment of the benefits. |
| (2) | The Minister of National Defense may request national agencies, local governments, and other organizations or agencies prescribed by Presidential Decree to submit materials prescribed by Presidential Decree in respect of resident registration, family relationship registration, national tax, local tax, land, buildings, health insurance or registration of the disabled, which are necessary to investigate income, etc. under Article 27 (3) and to perform other functions related to military pensions if the Minister determines necessary for the appropriate administration of benefits and the military pension system under this Act. In such cases, upon receiving a request to submit materials, etc., the organizations or agencies shall comply with the request, unless there is a compelling reason not to do so. |
| (3) | No user fees or charges are imposed in respect of any materials provided under paragraph (2). |
| (4) | For purposes of paragraph (1), if a person entitled to receive benefits fails to comply with a request without good cause, the payment of the benefits to the person may be suspended until he or she complies with the request. |
| Article 55 (Matters to Be Reported) |
Where any of the following reasons or facts exists, it shall be reported to the Minister of National Defense, as prescribed by Presidential Decree:
| 1. | The reason for suspending the payment of a pension under Article 27 (1); |
| 2. | The death of an eligible beneficiary of a pension under Article 30; |
| 3. | The reason for losing an entitlement to a pension under Article 32; |
| 4. | The reason for restricting benefits under Article 38. |
| Article 56 (Delegation and Entrustment of Determination and Payment of Benefits) |
| (1) | The Minister of National Defense may delegate part of his or her authority to determine and pay benefits under Article 8 to the commanding officer of each military unit under the direct command of the Ministry of National Defense, as prescribed by Presidential Decree. |
| (2) | The Minister of National Defense (including persons entrusted with the Minister’s authority under paragraph (1)) may entrust his or her functions related to the payment of benefits to the heads of the postal service agencies, financial companies, etc., as prescribed by Presidential Decree. |
ADDENDA <Act No. 16760, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Split and Payment of Veteran's Pensions)
The amended provisions of Articles 22 through 26 governing the split and payment of veteran's pensions, etc. shall apply beginning with divorces occurring after this Act enters into force. In such cases, the marriage period subject to the spit and payment of veteran's pensions, etc. includes the period during which one has a de fact marital relationship with his or her current or former spouse while his or her spouse served as a member of the armed forces before this Act enter into force. Article 3 (Applicability concerning Payment of Retirement Allowances)
Article 52 (2) shall also apply to a person recognized as having died in the line of duty through a re-examination by the committee for examination of killed or wounded in action and death or injury in the line-of-duty from July 1, 2012 to the day preceding the date of enforcement of this Act. Article 4 (Special Cases concerning Prescription of Entitlement to Retirement Allowances)
Article 5 (Transitional Measures concerning Occurrence of Reasons for Paying Benefits)
| (1) | Benefits to a person with respect to whom the reason to pay the benefits occurred before this Act enters into force shall be governed by the previous provisions. |
| (2) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before January 1, 1983 (or October 1, 1984 for purposes of the amended provisions of Articles 16 (5) and 38 (2) of the Military Pension Act (Act No. 3587)), the date of enforcement of that Act, shall be governed by the provisions in force prior to such amendment. |
| (3) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before January 1, 1985, the date of enforcement of the Military Pension Act (Act No. 3759), shall be governed by the provisions in force prior to such amendment. |
| (4) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before December 29, 1988, the date of enforcement of the Military Pension Act (Act No. 4034), shall be governed by the provisions in force prior to such amendment, except the amended provisions of Article 41 of that Act. |
| (5) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before October 1, 1991, the date of enforcement of the Military Pension Act (Act No. 4318), shall be governed by the provisions in force prior to such amendment. |
| (7) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before January 1, 1996 (or January 1, 2000 for purposes of the amended provisions of Article 21-5 of the Military Pension Act (Act No. 5063)), the date of enforcement of that Act, shall be governed by the provisions in force prior to such amendment. |
| (8) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before January 1, 2001 (or January 1, 2002 for purposes of the amended provisions of Article 30-7 of the Military Pension Act (Act No. 6327)), the date of enforcement of that Act, shall be governed by the provisions in force prior to such amendment |
| (9) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before October 4, 2006, the date of enforcement of the Military Pension Act (Act No. 8023), shall be governed by the provisions in force prior to such amendment: Provided, That the amended provisions of Article 21-2 of that Act shall also apply to a person with respect to whom the reason to pay benefits occurred before October 4, 2006, the date of enforcement of said Article. |
| (10) | Notwithstanding paragraph (1), benefits to a person with respect to whom the reason to pay the benefits occurred before July 1, 2013, the date of enforcement of the Military Pension Act (Act No. 11632), shall be governed by the provisions in force prior to such amendment. |
Article 6 (Transitional Measures concerning Benefits and Beneficiaries)
The benefits and beneficiaries of such benefits listed in the left column of the following table before this Act enters into force shall be deemed to be the benefits and beneficiary of such benefits listed in the right column of the table:
| Retirement pensions under the previous provisions of subparagraph 1 of Article 6 | Retirement pensions under the amended provisions of subparagraph 1 (a) of Article 7 and Article 21 | | Lump-sum retirement pensions under the previous provisions of subparagraph 2 of Article 6 | Lump-sum retirement pensions under the amended provisions of subparagraph 1 (b) of Article 7 and Article 21 | | Lump-sum retirement pensions after deduction under the previous provisions of subparagraph 3 of Article 6 | Lump-sum retirement pensions after deduction under the amended provisions of subparagraph 1 (c) of Article 7 and Article 21 | | Lump-sum severance payments under the previous provisions of subparagraph 4 of Article 6 | Lump-sum severance payments under the amended provisions of subparagraph 1 (d) of Article 7 and Article 28 | | Survivor’s pensions under the previous provisions of subparagraph 6 of Article 6 and Article 26 (1) | Survivor’s pensions under the amended provisions of subparagraph 2 (a) of Article 7 and Article 30 | | Death-in-service gratuities under the previous provisions of subparagraph 7 of Article 6 | Death-in-service gratuities under the amended provisions of subparagraph 2 (b) of Article 7 and Article 33 | | Special death gratuities under the previous provisions of subparagraph 8 of Article 6 | Special death gratuities under the amended provisions of subparagraph 2 (c) of Article 7 and Article 36 | | Survivor’s lump-sum pensions under the previous provisions of subparagraph 9 of Article 6 | Survivor’s lump-sum pensions under the amended provisions of subparagraph 2 (d) of Article 7 and Article 34 | | Survivor’s lump-sum benefits under the previous provisions of subparagraph 10 of Article 6 | Survivor’s lump-sum benefits under the amended provisions of subparagraph 2 (e) of Article 7 and Article 35 | | Retirement allowances under the previous provisions of subparagraph 15 of Article 6 | Retirement allowances under the amended provisions of subparagraph 3 of Article 7 and Article 37 |
|
Article 7 (General Transitional Measures concerning Dispositions)
Any act (including any act done by or against the previous Military Pension Benefits Examination Committee before July 1, 1994, the date of enforcement of the Military Pension Act (Act No. 4705) done by or against the former Minister of National Defense and the former Military Pension Benefits Review Committee (hereinafter referred to as “Minister of National Defense and the relevant Committee”) before this Act enters into force shall be deemed an act done by the Minister of National Defense and the Military Accident Compensation and Pensions Review Committee established under Article 48 of the Military Accident Compensation Act (hereinafter referred to as the "Review Committee”) or an act done against the Minister of National Defense and the Review Committee. Article 8 (Transitional Measures concerning Aggregation of Periods of Service as Officer Cadet who Volunteered While in Military Service)
| (1) | Notwithstanding the amended provisions of Articles 2 and 5 (2), the previous provisions of subparagraph 3 of Article 2 and Article 16 (2) shall apply to the aggregation of the periods of service of a person who volunteered as an officer cadet while serving as a warrant officer or non-commissioned officer (excluding non-commissioned officer appointed not volunteered) before this Act enters into force. |
| (2) | For purposes of paragraph (1), the amended provisions of subparagraph 3 of Article 2 and Article 16 (2) of the Military Pension Act (Act No. 11632) shall also apply to a member of the armed forces serving as of July 1, 2013, the date of enforcement of that Act, if the member volunteered as an officer trainee while serving as a warrant officer or non-commissioned officer (excluding non-commissioned officer appointed not volunteered) before July 1, 2013, the date of enforcement of that Act, or to a person volunteered as an officer trainee while serving as a warrant officer or non-commissioned officer (excluding non-commissioned officer appointed not volunteered) as of July 1, 2013, the date of enforcement of that Act. |
Article 9 (Transitional Measures concerning Special Cases on Application of Amount of Average Standard Monthly Income)
| (1) | Notwithstanding the amended provisions of Article 3 (1) 2, special cases on application of the amount of average standard monthly income before this Act enters into force shall be governed by the previous provisions of Article 3 (1) 2. |
| (2) | Notwithstanding paragraph (1), the amount of average monthly remuneration under the amended provisions of Article 3 (1) 2 of the Military Pension Act (Act No. 6327) shall be calculated on the basis of a member’s period of service since January 1, 2001, the date of enforcement of that Act, and a member’s period of service or period of employment aggregated under Article 16 (6) of that Act since January 1, 2001, the date of enforcement of that Act. |
| (3) | Notwithstanding paragraph (1), the amount of average standard monthly income to compute the amount of benefits under the amended provisions of Article 3 (1) 2 of the Military Pension Act (Act No. 11632), for a period of service since July 1, 2013, the date of enforcement of that Act, shall be calculated by multiplying the amount of average standard monthly income calculated under Article 6 (3) of the Addenda of that Act by the percent prescribed by Presidential Decree for each period of service in order to adjust the excess difference in the amount of benefits for each period of service, notwithstanding the amended provisions of Article 3 (1) 2 of that Act. |
Article 10 (Transitional Measures concerning Scope of Spouse)
Notwithstanding the amended provisions of Article 3 (1) 4 (a), the scope of spouses within the meaning of survivors before this Act enters into force shall be governed by the previous provisions of Article 3 (1) 4 (a). In such cases, the amended provisions of Article 3 (1) 4 (a) of the Military Pension Act (Act No. 12788) shall apply beginning with death of the current or former members of the armed forces on or after October 15, 2014, the date of enforcement of that Act. Article 11 (Transitional Measures concerning Scope of Survivors)
A spouse a member of the armed forces married, children (including unborn children as of December 31, 1995) born to or adopted by the member, or parents adopted the member or grandchildren (including unborn grandchildren as of December 31, 1995) adopted by the member before January 1, 1996, the date of enforcement of the Military Pension Act (Act No. 5063), before retirement on or before December 31, 1995 shall be governed by the provisions in force prior to such amendment, notwithstanding the amended provisions of Article 3 (1) 4 of that Act. Article 12 (Transitional Measures concerning Inclusion of Period of Military Service before Appointment)
| (1) | Inclusion of the period of military service before appointment before this Act enters into force shall be governed by the previous Article 16 (5), notwithstanding the amended provisions of Article 5 (4). |
| (2) | Notwithstanding (1), if a person who is working as of December 31, 2000 intends to include the period of his or her military service before appointment, notwithstanding the amended provisions of Article 16 (5) of the Military Pension Act (Act No. 6327), such inclusion shall be governed by the provisions in force prior to such amendment. |
Article 13 (Transitional Measures concerning Calculation of Period of Service to Pay Retirement Allowances)
| (1) | Payment of retirement allowances before this Act enters into force shall be governed by the previous Article 16 (11) 3, notwithstanding the amended provisions of Article 5 (9) 3. |
| (2) | Notwithstanding (1), the amended provisions of Article 16 (10) and (11) of the Military Pension Act (Act No. 4318) shall not apply to the payment of retirement allowances to any person who is serving as of October 1, 1991, the date of enforcement of that Act. |
| (3) | Notwithstanding (1), the amended provisions of Article 16 (11) 2-2 of the Military Pension Act (Act No. 8081) shall apply beginning with an application for a leave of absence filed on or after December 26, 2006, the date of enforcement of that Act. |
Article 14 (Transitional Measures concerning Aggregation of Periods of Service to Pay Benefits)
| (1) | Calculation of benefits equal to the period of service before July 1, 2013, the date of enforcement of the Military Pension Act (Act No. 11632) (including the period of employment or the period of service before July 1, 2013, the date of enforcement of that Act out of the periods aggregated under the amended provisions of Articles 16 (6) and 16-2 of that Act and Article 2 of the Addenda to that Act after July 1, 2013, the date of enforcement of that Act; hereinafter referred to as “period of prior service or employment”) shall be governed by the provisions in force prior to such amendment. |
| (2) | An amount of average standard monthly income under the amended provisions of Article 3 (1) 2 of the Military Pension Act (Act No. 11632), shall be calculated on the basis of the period of service (including the period of employment or the period of service on or after July 1, 2013, the date of enforcement of that Act out of the periods aggregated under the amended provisions of Articles 16 (6) and 16-2 of that Act and Article 2 of the Addenda to that Act on or after July 1, 2013, the date of enforcement of that Act; hereinafter referred to as “period of post service or employment”) on or after July 1, 2013, the date of enforcement of that Act. |
| (3) | An amount of benefits equal to a period of prior service or employment under paragraph (1) shall be calculated in the following manner: |
| 1. | The amount of monthly remuneration or the amount of average monthly remuneration based on which benefits are calculated shall be calculated by converting the amount of monthly pay of the month in which the day preceding July 1, 2013, the date of enforcement date of the Military Pension Act (Act No. 11632), falls, or the amount of average monthly remuneration calculated on the basis of the month in which the day preceding July 1, 2013, the date of enforcement of that Act, falls, into the current value at the time the reason for paying the benefits occurs; |
| 2. | If the period of prior service or employment is not more than 20 years, the amount of pensions equal to the period of prior service or employment shall be calculated by multiplying the amount of average monthly remuneration under subparagraph (1) by 25/1,000 for each year of service; |
| 3. | If the period of prior service or employment exceeds 20 years, the amount of pensions equal to the period of prior service or employment shall be calculated by adding an amount equal to 20/1,000 of the amount of average monthly remuneration under subparagraph (1) for each years of service in excess of 20 years to an amount equal to 500/1,000 of the amount of average monthly remuneration under subparagraph (1). In such cases, the amount of veteran's pension for the period of prior service or employment shall not exceed 760/1,000 of the amount of average monthly remuneration under subparagraph (1). |
| (4) | If a person was serving in military as of July 1, 2013, the date of enforcement date of the Military Pension Act (Act No. 11632), and the period aggregating the period of his or her prior service or employment and the period of his or her post service or employment on or after July 1, 2013 exceeds 33 years, a veteran's pension or a survivor’s pension under Article 26 (1) 1 of that Act shall be calculated by deeming a period from the month during which the period of prior service or employment commences to the month qualifying for 33 years of service to be the period of service subject to that Act. |
| (5) | If a person was serving in military as of July 1, 2013, the date of enforcement date of the Military Pension Act (Act No. 11632) (including a person whose periods of service are aggregated under the amended provisions of Article 16 (6) and Article 16-2 of that Act and Article 2 of the Addenda to that Act on or after July 1, 2013, the date of enforcement of that Act), and the reason for paying benefits to the person occurred on or after July 1, 2013, the date of enforcement of that Act, a lump-sum veteran's pension (including a death-in-service lump-sum), a veteran's pension, a lump-sum payment after deduction (limited to those who select a lump-sum payment after deduction), a lump-sum payment on retirement (a death-in-service lump-sum) or a retirement allowance payable to the person shall be calculated by aggregating the following amounts: |
| 1. | The amount of the relevant benefits calculated under the amended provisions of Article 21 (3) and (4), 22 or 30-4 for the total period of service on the basis of the amount of standard monthly income at the time the reason for paying such benefits occurred, multiplied by the rate of the period of post service or employment to the total period of service (or the total period of service less the number of years of service for deduction for computing a veteran's pension payable to a person who select a lump-sum payment after deduction, or the number of years of service for deduction for computing a lump-sum payment after deduction; hereafter the same shall apply in subparagraph 2); |
| 2. | The amount of the relevant benefits calculated under the previous Article 21 (3) and (4), Article 22 or 30-4 for the total period of service on the basis of the amount converting the monthly pay of the month in which the day preceding July 1, 2013 falls, the date of enforcement of that Act, into the current value under paragraph (3) 1, multiplied by the rate of the period of prior service or employment to the total period of service. |
Article 15 (Transitional Measures concerning Recovery of Benefits)
Recovery requirements and procedures, an amount to be recovered, addition of interest, disposition on deficits, disposition on default, etc. when the reason for recovering a benefit occurred before this Act enters into force shall be governed by the previous Article 15, notwithstanding the amended provisions of Article 16. Article 16 (Transitional Measures concerning Payment of Veteran's Pension for Survivors)
| (1) | Notwithstanding the amended provisions of Article 19 (1) and Article 20 (2), payment of veteran's pensions for survivors before this Act enters into force shall be governed by the previous Article 19 (4) or Article 19-3. |
| (2) | For purposes of paragraph (1), the amended provisions of Article 19 (4) or Article 19-3 of the Military Pension Act (Act No. 11632) shall also apply to the payment of a survivor’s pension, on or after July 1, 2013, the date of enforcement of that Act, to a person receiving a survivor’s pension under the previous Article 26 (1) 3 as of July 1, 2013, the date of enforcement of that Act, if the person was receiving 1/2 of the survivor’s pension under the previous Article 19 (4) or 19-3. |
| (3) | For purposes of paragraph (1), notwithstanding the amended provisions of Articles 19-2 (2) and (3) and 26 (2) 1 (only applicable to veteran's pensions) of the Military Pension Act (Act No. 11632), if a member of the armed forces serving before July 1, 2013, the date of enforcement of that Act, or a member of the armed forces retired before July 1, 2013 dies or has gone missing, the amount of pension payable to the member’s survivor shall be an amount equal to 70/100 of the veteran's pension such member would have been entitled to. |
Article 17 (Transitional Measures concerning Payment of Benefits and Interest upon Cease of Reason for Restricting Benefits)
| (1) | Payment of benefits and interest upon cease of the reason for restricting the benefits before this Act enters into force shall be governed by the previous Article 33 (2), notwithstanding the amended provision of Article 38 (2). |
| (2) | For purposes of paragraph (1), the amended provisions of Article 33 (2) of the Military Pension Act (Act No. 15050) shall also apply to a person with respect to whom the reason for restricting benefits ceased retroactively before November 28, 2017, the date of enforcement of that Act. In such cases, notwithstanding Article 8 of that Act, no claim for an amount under the amended provisions of Article 33 (2) of that Act may be made upon the expiration of the five-year period from November 28, 2017, the date of enforcement of that Act. |
Article 18 (Transitional Measures concerning Amount of Pension)
Notwithstanding the amended provisions of Article 17-2 of the Military Pension Act (Act No. 11632) and Article 6 (1) of the Addenda of that Act, if the difference between the percentage change in the nationwide consumer price index under the previous Article 17-2 (1) and the military pay raise rate of the relevant year exceeds three percentage points, pension benefits shall be adjusted so that the difference between the percentage change in the nationwide consumer price index in each year and the military pay raise rate of the relevant year is maintained below three percentage points for each year from 2014 to 2018. Article 19 (Transitional Measures concerning Restrictions on Benefits Due to Criminal Punishment)
| (1) | Restrictions on benefits due to a criminal punishment, etc. before this Act enters into force shall be governed by the previous Article 33 (4), notwithstanding the amended provisions of Article 38 (4). |
Article 20 Omitted.
Article 21 (Relationship to Other Statutes or Regulations)
A citation of any provision of the previous Military Pension Act in other statutes or regulations as at the time this Act enters into force shall be deemed to be a citation of the corresponding provision of this Act, in lieu of the previous provision, if such corresponding provision exists herein.
ADDENDA <Act No. 18803, Feb. 3, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Veteran's Pension for Survivors)
The amended provisions of Article 32 (1) 4 shall also apply to persons who have been receiving a veteran's pension for survivors as at the time this Act enters into force.