CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the stabilization of the livelihood of public officials or their survivors and to the improvement of their welfare by providing appropriate benefits in cases of the retirement, disability, or death of public officials and by supporting their welfare.
| Article 2 (Administration) |
Matters relating to the operation of the public officials pension system under this Act shall be administered by the Minister of Personnel Management.
| (1) | The terms used in this Act are defined as follows: |
| 1. | Public official means any person who engages in public service and falls under any of the following items: |
| a. | A public official under the State Public Officials Act, the Local Public Officials Act, or other statutes; provided, this shall not apply to military personnel and public officials elected to office; |
| b. | Other persons prescribed by Presidential Decree from among employees working in State agencies or local governments; |
| 2. | Survivor means any person who, at the time of death of a person who is or was a public official, was supported by him or her and falls under any of the following items: |
| a. | A spouse (limited to a person who was in a marital relationship at the time of service, including a person who was in a de facto marital relationship; hereinafter the same shall apply); |
| b. | A child (excluding a child born or adopted after the retirement date; however, a fetus at the time of retirement shall be deemed to be a child born during his or her service; hereinafter the same shall apply); |
| c. | A parent (excluding a parent adopted after the retirement date; hereinafter the same shall apply); |
| d. | A grandchild (excluding a grandchild born or adopted after the retirement date; however, a fetus at the time of retirement shall be deemed to be a grandchild born during his or her service; hereinafter the same shall apply); |
| e. | A grandparent (excluding a grandparent adopted after the retirement date; hereinafter the same shall apply); |
| 3. | Retirement means dismissal, resignation, or any other removal from office for reasons other than death; provided, this shall not apply where a person reacquires his or her status as a public official on the date on which his or her status as a public official is extinguished or on the following day and has not received retirement benefits and a retirement allowance under this Act. |
| 4. | Standard monthly income means the amount obtained by averaging, over 12 months, the total annual amount remaining after excluding non-taxable income from income earned during a certain period of service, which serves as the basis for calculating contributions and benefits; in such cases, the scope of income and non-taxable income, the method of determining standard monthly income, the applicable period thereof, etc. shall be prescribed by Presidential Decree; |
| 5. | Average standard monthly income means the amount obtained by dividing, by the period of service, the sum of the amounts obtained by converting each year’s standard monthly income during the period of service into its present value as of the date on which a reason for benefits arises (where a reason for benefits arises due to retirement or after retirement, referring to the day preceding the date of retirement; hereinafter the same shall apply), as prescribed by Presidential Decree in consideration of the rate of increase in remuneration for public officials, etc.; provided, the average standard monthly income that forms the basis for calculating a retirement pension or an early retirement pension under Article 43(1) and (2), and a retirement survivors’ pension under Article 54(1) (excluding cases where a person who was a public official dies while receiving a retirement pension or an early retirement pension and his or her survivors become entitled to a retirement survivors’ pension), shall be the amount obtained by converting the average standard monthly income as of the time when the reason for benefits arises into its present value as at the time when pension payments commence, as prescribed by Presidential Decree in consideration of the rate of increase in remuneration for public officials, etc.; |
| 6. | Head of an agency means the head of an agency that executes a budget for remuneration, who is prescribed by Presidential Decree; |
| 7. | Person obligated to collect member contributions means a person who engages in budget expenditure affairs and is prescribed by Presidential Decree; |
| 8. | Member contributions means amounts paid by public officials toward the financing of benefits; |
| 9. | State contributions means amounts paid by the State or a local government toward the financing of benefits. |
| (2) | Children and grandchildren under (1)2b and d shall be limited to persons falling under any of the following subparagraphs; in such cases, a grandchild shall be limited to cases where his or her father is absent or where his or her father has a disability of the degree prescribed by Presidential Decree (referring to a disability under Article 3(1)7 of the Public Officials’ Accident Compensation Act; hereinafter the same shall apply): |
| 1. | A person under 19 years of age; |
| 2. | A person who is at least 19 years of age and is in a state of disability of such degree as prescribed by Presidential Decree. |
| (3) | Any fetus of a person who is or was a public official at the time of his or her death shall be deemed to have been born for purposes of paying benefits under this Act. |
CHAPTER II THE GOVERNMENT EMPLOYEES PENSION SERVICE
| Article 4 (Establishment of the Government Employees Pension Service) |
The Government Employees Pension Service (hereinafter referred to as the “Service”) shall be established in order to efficiently carry out the business necessary to achieve the purpose of this Act, by being entrusted with the authority and duties of the Minister of Personnel Management.
| Article 5 (Legal personality) |
The Service shall be a corporation.
| Article 6 (Articles of incorporation) |
| (1) | The articles of incorporation of the Service shall include the following: |
| 3. | Matters relating to the main office and branch offices; |
| 4. | Matters relating to executive officers and employees; |
| 5. | Matters relating to the board of directors; |
| 6. | Matters relating to the business affairs and the implementation thereof; |
| 7. | Matters relating to assets and accounting; |
| 8. | Matters relating to amendments to the articles of incorporation; |
| 9. | Matters relating to the enactment, amendment, and repeal of rules or regulations; |
| 10. | Matters relating to the method of public announcement. |
| (2) | If the Service establishes or amends the articles of incorporation, it shall obtain authorization from the Minister of Personnel Management. |
| Article 7 (Registration of establishment) |
The Service shall be established at the time it registers such establishment at the location of its main office.
| Article 8 (Executive officers) |
| (1) | The Service shall have, as its executive officers, 1 chairperson, 3 standing directors, not more than 5 non-standing directors, and 1 auditor. |
| (2) | The term of office of the chairperson shall be 3 years, and the term of office of standing directors, non-standing directors, and the auditor shall be 2 years; they may serve consecutive terms in 1-year increments. |
| (3) | The President shall appoint or dismiss the chairperson upon the recommendation of the Minister of Personnel Management, and the Minister of Personnel Management shall appoint or dismiss standing directors and non-standing directors upon the recommendation of the chairperson. In such cases, non-standing directors shall include persons who are or were public officials. |
| (4) | The President shall appoint or dismiss the auditor upon the recommendation of the Minister of Economy and Finance. |
| (5) | Executive officers under paragraphs (3) and (4) (excluding non- standing directors) shall be appointed from among 2 or more persons recommended by the Committee for Recommendation of Executive Officers under Article 29 of the Act on the Management of Public Institutions. |
| (6) | Non-standing directors under paragraph (3) shall be appointed from among 2 or more persons recommended by the Committee for Recommendation of Executive Officers under Article 29 of that Act, after deliberation on and resolution by the Ownership Steering Committee under Article 8 of that Act. |
| Article 9 (Duties of executive officers) |
| (1) | The chairperson shall represent the Service and exercise general supervision over its affairs. |
| (2) | Standing directors shall be in charge of the operations of the Service as prescribed by the articles of incorporation, and if the chairperson is unable to perform his or her duties due to an unavoidable reason, a standing director shall act on his or her behalf in accordance with the order prescribed by the articles of incorporation. |
| (3) | The auditor shall audit the operations and accounts of the Service. |
| Article 10 (Appointment of agent) |
The chairperson may appoint, from among the employees of the Service, an agent vested with authority to perform all judicial and non-judicial acts relating to the operations of the Service, as prescribed by the articles of incorporation.
| Article 11 (Grounds for disqualification of executive officers) |
None of the following persons shall serve as an executive officer of the Service:
| 1. | Any person who is not a national of the Republic of Korea; |
| 2. | Any person who falls under any of the grounds for disqualification under the subparagraphs of Article 33 of the State Public Officials Act. |
| Article 12 (Dismissal of executive officers) |
| (1) | If an executive officer falls under any of the subparagraphs of Article 11 or is found to have fallen thereunder at the time of his or her appointment, he or she shall be deemed to have vacated office. |
| (2) | The appointing authority may dismiss an executive officer if he or she falls under any of the following subparagraphs: |
| 1. | When it is extremely impracticable or impossible for him or her to perform his or her duties due to a physical or mental disability; |
| 2. | When he or she inflicts a loss on the Service intentionally or by gross negligence; |
| 3. | When he or she violates his or her official duties. |
| Article 13 (Restrictions on holding concurrent offices by executive officers and employees) |
| (1) | The chairperson, standing directors, the auditor, and employees of the Service shall not engage in profit-making activities. |
| (2) | The chairperson and standing directors shall not hold any other office without the permission of the Minister of Personnel Management; the auditor shall not hold any other office without the permission of the Minister of Economy and Finance; and employees shall not hold any other office without the permission of the chairperson. |
| Article 14 (Board of directors) |
| (1) | In order to deliberate and resolve on important matters of the Service, a board of directors shall be established in the Service. |
| (2) | The board of directors shall be comprised of the chairperson, standing directors, and non-standing directors. |
| (3) | The chairperson shall convene meetings of the board of directors, either on his or her own initiative or at the request of at least 1/3 of the incumbent directors, and shall preside over such meetings. |
| (4) | Any resolution of the board of directors shall require the concurring vote of a majority of the incumbent directors. |
| (5) | The auditor may attend the meetings of the board of directors and make statements. |
| Article 15 (Appointment and dismissal of employees) |
The chairperson shall appoint or dismiss employees of the Service, as prescribed by the articles of incorporation.
| Article 16 (Legal fiction as public officials for purposes of applying penalty provisions) |
The executive officers and employees of the Service shall be deemed to be public officials for purposes of applying Articles 129 through 132 of the Criminal Act.
| Article 17 (Business of the Service) |
The Service shall conduct the following business:
| 1. | Payment of benefits under Article 28; |
| 2. | Collection of member contributions, State contributions, and other costs; |
| 3. | Operations to increase the Public Official Pension Fund under Article 76; |
| 4. | Welfare services for public officials; |
| 5. | Construction, supply, and lease of housing, or acquisition of housing sites; |
| 6. | Other affairs entrusted, under this Act or other statutes or regulations, by the heads of central administrative agencies, such as the Minister of Personnel Management, or by the heads of local governments. |
| Article 18 (Special cases concerning housing construction projects) |
The Service may construct, supply, or lease housing, or acquire housing sites for public officials, in accordance with the Housing Act, the Housing Site Development Promotion Act, the Special Act on Private Rental Housing, or the Special Act on Public Housing. In such cases, the Service shall be deemed to be the State or a local government.
| Article 19 (Supervision over the Service) |
| (1) | The Service shall obtain approval from the Minister of Personnel Management for its business operation plan and budget for each fiscal year, as prescribed by Presidential Decree. |
| (2) | The Service shall report its business performance and settlement of accounts to the Minister of Personnel Management within 2 months after the end of each fiscal year. |
| (3) | The Minister of Personnel Management may take measures necessary for supervision, including ordering the Service to submit reports on its operations, inspecting its operations or financial status, and ordering amendments to the articles of incorporation. |
| Article 20 (Accounting of the Service) |
| (1) | The fiscal year of the Service shall coincide with that of the Government. |
| (2) | The Service shall establish accounting rules with the approval of the Minister of Personnel Management. |
| (3) | To efficiently perform the business under Article 17, the Service may, where necessary, conduct separate accounting for the revenues and expenditures of specific fields of operations as prescribed by the accounting rules. |
| Article 21 (Revenues and expenditures of the Service) |
| (1) | The revenues and expenditures of the Service shall be the amounts for each item under the respective classifications set forth in the following subparagraphs: |
| c. | Compensatory grants under the proviso of Article 71(1); |
| d. | Transfers from the Public Officials Pension Fund, and amounts covered by transfer; |
| e. | Subsidies and loans from the State or a local government, and other revenues; |
| f. | Revenues from affairs entrusted by the State or a local government, etc. under this Act or other statutes or regulations; |
| a. | Benefits, reserve funds, and refunds under this Act; |
| b. | Repayment of loans and interest thereon; |
| c. | Expenditures for affairs entrusted by the State or a local government, etc. under this Act or other statutes or regulations; |
| d. | Other expenses for the operation of the Service. |
| (2) | The amount of transfers from the Public Officials Pension Fund under (1)1d shall be determined by the Minister of Personnel Management within the limit of an amount equivalent to the fund management revenues of the preceding year. |
| Article 22 (Disposal of surplus) |
If there is a surplus at the end of each fiscal year, the Service shall apply the surplus to cover any losses, and the remaining amount shall be included in the revenue of the Public Officials Pension Fund; provided, this shall not apply to the surplus of the relevant account if revenues and expenditures are accounted for separately under Article (20)3.
| Article 23 (Entrustment of affairs of the Service) |
| (1) | The Service may, as prescribed by the articles of incorporation, entrust part of its affairs to post offices, local governments, financial institutions, public institutions under Article 4 of the Act on the Management of Public Institutions, or other persons. |
| (2) | The scope of affairs that the Service may entrust under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 24 (Application mutatis mutandis of the Civil Act) |
Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Service.
CHAPTER III LENGTH OF SERVICE
| Article 25 (Calculation of length of service) |
| (1) | The length of service of a public official shall be calculated by the number of years and months from the month in which the date of appointment as a public official falls to the month in which the day preceding the date of retirement or the date of death falls. |
| (2) | If a retired public official, a member of the Republic of Korea Armed Forces, or a private school teacher or employee (excluding a person who has not been subject to this Act, the Military Pension Act, or the Pension for Private School Teachers and Staff Act) is appointed as a public official, the period of service or the period of military service under the relevant pension Act may, at his or her option, be aggregated with the length of service under (1). |
| (3) | Any of the following periods of service before a person is appointed as a public official may, at his or her option, be included in the length of service under (1): <Amended on Dec. 31, 2019> |
| 1. | The period of service as an active duty serviceman under the Military Service Act or as a non-commissioned officer appointed without volunteering (including the period of service prescribed by Presidential Decree among the periods of service performed pursuant to a defense call-up, a full-time reserve call-up, a supplementary call-up, or an alternative call-up); |
| 2. | The period of service as a public health doctor under any of the following Acts during the period from January 1, 1979 to May 31, 1992: |
| a. | The previous Act on Special Measures for Public Health and Medical Services (referring to the Act before it was repealed by Act No. 3335, Dec. 31, 1980); |
| b. | The previous Act on Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages (referring to the Act before it was wholly amended by Act No. 4430, Dec. 14, 1991); |
| c. | The previous Act on Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, etc. (referring to the Act before it was partially amended by Act No. 4685, Dec. 31, 1993). |
| (4) | The length of service or the period of service under paragraphs (2) and (3), and the length of service under Article 7(2) of the Addenda to the Act Amending the Public Officials Pension Act (Act No. 3586) shall not be aggregated with or included in the length of service under paragraph (1) when a retirement allowance under subparagraph 4 of Article 28 is paid. |
| (5) | When calculating the length of service for the purpose of paying a retirement allowance under subparagraph 4 of Article 28, 1/2 of the period of leave of absence, excluding a leave of absence due to any of the following reasons, the period of removal from office, the period of suspension from office, and the period during which he or she was unable to engage in his or her duties due to demotion shall be deducted from each such period. |
| 1. | A leave of absence due to a disease or injury incurred in the course of official duties; |
| 2. | A leave of absence to complete military service under the Military Service Act; |
| 3. | A leave of absence due to temporary employment with an international organization, a foreign institution, an educational institution abroad (referring to an educational institution abroad as defined in subparagraph 2 of Article 2 of the Act on Educational Support for Overseas Korean Nationals), a university or research institute in the Republic of Korea or abroad, another State agency, a private enterprise, or any other institution; |
| 4. | A leave of absence under Article 71(1)6 of the State Public Officials Act, Article 63(1)4 of the Local Public Officials Act, or Article 44(1)11 of the Educational Officials Act; |
| 5. | A leave of absence due to the rearing of a child or due to the pregnancy or childbirth of a female public official; |
| 6. | A leave of absence to perform obligations under other Acts. |
| Article 26 (Method of aggregating length of service) |
| (1) | A person who intends to have his or her length of service or period of service aggregated under Article 25(2) shall submit to the Service an application for aggregation of length of service. |
| (2) | A person whose aggregation of length of service has been recognized upon filing an application under paragraph (1) shall return to the Service the amount of retirement benefits received at the time of retirement, plus interest prescribed by Presidential Decree [if the amount of benefits was subject to limitations under Article 65 (including cases where Article 42 of the Pension for Private School Teachers and Staff Act applies mutatis mutandis) or under Article 38 of the Military Pension Act, the amount shall be the amount of benefits that would have been received if no such limitations had been imposed]; provided, if a person whose aggregation of length of service has been recognized is a recipient of a retirement pension, an early retirement pension, or a veterans’ retirement pension, benefits in the form of a pension shall not be returned. <Amended on Dec. 10, 2019> |
| (3) | The amount of retirement benefits required to be returned under paragraph (2) and interest thereon (hereinafter referred to as the “amount to be returned”) may be paid in installments, as prescribed by Presidential Decree. In such cases, interest prescribed by Presidential Decree shall be added. |
| (4) | If a person whose aggregation of length of service has been recognized applies for the exclusion of all or part of the aggregated length of service so recognized, or is in arrears in payment of the amount to be returned for at least 6 months, the Service may exclude from aggregation either the period for which exclusion is applied, or the period calculated by deducting, from the aggregated length of service approved, the length of service corresponding to the amount to be returned already paid. |
| Article 27 (Methods for including period of service before appointment) |
A person who intends to have a period of service included under Article 25(3) shall submit to the Service an application for inclusion of the period of service.
SECTION 1 General Provisions
The following benefits shall be paid for the retirement, death, and disability for reasons other than official duties of public officials:
| b. | Lump-sum retirement pension; |
| c. | Lump-sum retirement pension after deductions; |
| d. | Lump-sum retirement benefits; |
| 2. | Retirement survivors' benefits: |
| a. | Retirement survivors' pension; |
| b. | Additional payment for retirement survivors' pension; |
| c. | Special additional payment for retirement survivors' pension; |
| d. | Lump-sum retirement survivors' pension; |
| e. | Lump-sum retirement survivors’ benefits; |
| 3. | Non-duty-related disability benefits: |
| a. | Non-duty-related disability pension; |
| b. | Non-duty-related disability lump-sum benefits; |
| Article 29 (Confirmation of grounds for benefits and determination of benefits) |
| (1) | The Service shall pay benefits, upon an application filed by a person entitled to such benefits, as determined by the Minister of Personnel Management; provided, matters prescribed by Presidential Decree, including whether a disability pension or disability lump-sum benefit under Article 59, and whether benefits under Article 63(3) and (4) fall under grounds for restriction on benefits, shall be subject to deliberation by the Public Officials Accident Compensation Deliberative Committee under Article 6 of the Public Officials Accident Compensation Act. <Amended on Dec. 22, 2020> |
| (2) | The Minister of Personnel Management may entrust his or her authority to determine benefits under paragraph (1) to the Service, as prescribed by Presidential Decree. |
| Article 30 (Basis for calculation of amount of benefits) |
| (1) | Benefits under this Act (excluding a retirement pension and an early retirement pension under Article 43(1) and (2), and a retirement survivors’ pension under Article 54(1)) shall be calculated based on the standard monthly income for the month in which the date on which the grounds for benefits arise falls; provided, if a public official dies in the course of official duties or is killed in action and is appointed, including by promotion, to a higher rank, grade, or position (including a position in the Senior Executive Service) under statutes or regulations relating to the appointment of public officials, the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree (hereinafter referred to as “statutes, regulations, etc. relating to the appointment of public officials”), the benefits shall be calculated based on the standard monthly income calculated by deeming the public official to have served in the relevant higher rank, grade, or position, as prescribed by Presidential Decree. <Amended Jan. 7, 2025> |
| (2) | A retirement pension and an early retirement pension under Article 43(1) and (2), and a survivors’ pension under Article 54(1), shall be calculated based on the following amounts: |
| 1. | An amount converted into the present value as of the time pension payments commence, as prescribed by Presidential Decree in consideration of the rate of increase in remuneration for public officials, etc., of the amount obtained by dividing by 3 the aggregate of the amounts calculated in accordance with the following items: |
| a. | An amount obtained by adjusting the average standard monthly income of all public officials in the year 3 years prior to retirement by the nationwide consumer price fluctuation rate for the year preceding retirement as compared with the year 3 years prior to retirement; |
| b. | An amount obtained by adjusting the average standard monthly income of all public officials in the year 2 years prior to retirement by the nationwide consumer price fluctuation rate for the year preceding retirement as compared with the year 2 years prior to retirement; |
| c. | The average standard monthly income of all public officials in the year preceding retirement; |
| 2. | The average standard monthly income; in such cases, the standard monthly income shall not exceed 160 percent of the average standard monthly income of all public officials. |
| (3) | The standards and methods for calculating the average standard monthly income of all public officials shall be prescribed by Presidential Decree. |
| Article 31 (Order of priority of survivors) |
The order of priority of survivors entitled to benefits shall follow the order of succession under the Civil Act.
| Article 32 (Coexistence of survivors in the same order of priority) |
When 2 or more survivors are in the same order of priority, the benefits shall be divided equally and paid, and the method of payment shall be prescribed by Presidential Decree.
| Article 33 (Special cases concerning recipients of benefits) |
| (1) | If a person who is or was a public official dies and there is no survivor entitled to benefits, an amount not exceeding the limit prescribed by Presidential Decree shall be paid to his or her lineal ascendants or descendants who are not survivors; if there are no such lineal ascendants or descendants, the amount may be used for the person who is or was the public official. |
| (2) | If there are 2 or more lineal ascendants or descendants who are not survivors under paragraph (1), Articles 31 and 32 shall apply mutatis mutandis to the payment of the relevant benefits. |
| Article 34 (Period and timing for payment of pensions) |
| (1) | Benefits in the form of pensions shall be paid for the period from the month following the month in which the date on which the grounds for such benefits arise falls (including grounds for revision of the disability pension grade for reasons other than official duties under Article 60) to the month in which the date on which such grounds cease to exist falls; provided, if a case falls under Article 43(1)1 through 4 or under Article 43(2), the benefits shall be paid for the period from the month in which the date on which payment of the relevant retirement pension begins falls (excluding cases where the period is included in the length of service under Article 25(1)) to the month in which the date on which such grounds cease to exist falls. |
| (2) | If grounds for suspending the payment of benefits in the form of pensions arise, payment of the benefits shall be suspended for the period from the month following the month in which the date on which such grounds arise falls to the month in which the date on which such grounds cease to exist falls; provided, if the date on which the grounds for suspension arise and the date on which such grounds cease to exist fall within the same month, payment of the benefits shall not be suspended. |
| (3) | Benefits in the form of pensions shall be paid monthly, as prescribed by Presidential Decree. |
| Article 35 (Adjustment of amount of pension) |
| (1) | Benefits in the form of pensions shall be increased or decreased each year by an amount equivalent to the rate of change in nationwide consumer prices for the preceding year as compared with 2 years prior, as publicly notified each year by the Commissioner of Statistics Korea under Article 3 of the Statistics Act. |
| (2) | The amount adjusted under paragraph (1) shall apply from January through December of the relevant year. |
| Article 36 (Special cases concerning payment of pension) |
| (1) | If a person entitled to benefits in the form of pensions emigrates to a foreign country, he or she may, at his or her option, receive a lump-sum payment in lieu of the benefits in the form of pensions payable from the month following the month in which he or she departs from the Republic of Korea. In such cases, the lump-sum payment shall be an amount equivalent to 4 years of the pension, calculated based on the month following the month in which he or she departs from the Republic of Korea. |
| (2) | If a person entitled to benefits in the form of pensions loses his or her Korean nationality, he or she may, at his or her option, receive a lump-sum payment in lieu of the benefits in the form of pensions payable from the month following the month in which he or she loses his or her Korean nationality. In such cases, the lump-sum payment shall be an amount equivalent to 4 years of the pension, calculated based on the month following the month in which he or she loses his or her Korean nationality. |
| Article 37 (Recovery of benefits) |
| (1) | If a person who has received benefits falls under any of the following subparagraphs, the Service shall recover the amount of such benefits (if a difference arises between the amount of benefits received and the amount of benefits that should have been paid, referring to the difference; hereafter in this Article the same shall apply); in such cases, in cases falling under subparagraph 1, the Service shall collect the amount of benefits together with interest and expenses of recovery as prescribed by Presidential Decree; and in cases falling under subparagraph 2 or 3, if a person liable to pay the amount to be recovered fails to pay it by the deadline, interest as prescribed by Presidential Decree shall be added: |
| 1. | Where he or she received benefits by fraud or other improper means; |
| 2. | Where, after benefits were received, the grounds for benefits retroactively ceased to exist; |
| 3. | Other cases where benefits were paid in error. |
| (2) | If, in recovering benefits under paragraph (1), a person liable to pay the amount to be recovered fails to pay it by the deadline, the Service may, with the approval of the Minister of Personnel Management, collect it in the same manner as delinquent national taxes are collected under the National Tax Collection Act. |
| (3) | If, in recovering benefits under paragraph (1), any of the following grounds exists, the Service may write off the amount to be recovered; provided, in cases falling under subparagraphs 1 and 3, if the Service discovers property subject to seizure after the write-off, it shall, without delay, revoke the write-off and collect the amount in the same manner as delinquent national taxes are collected: |
| 1. | Where disposition for arrears has been completed and the distributed amount appropriated to the amount in arrears is less than the amount in arrears; |
| 2. | Where the extinctive prescription for the relevant right has been completed; |
| 3. | Where it is recognized that collection is impossible, as prescribed by Presidential Decree. |
| (4) | Executive officers and employees of the Service who carry out disposition for arrears under paragraph (2) and the proviso of paragraph (3), shall be deemed to be public officials. |
| Article 38 (Payment after deduction of unpaid amounts) |
Where a person who is or was a public official has any of the following debts, benefits under this Act may be paid after deducting such debts; provided, in the case of benefits in the form of pensions, the deduction shall not exceed 1/2 of the pension paid monthly:
| 1. | Principal and interest on the amount to be returned; |
| 2. | Principal and interest on the amount to be recovered under Article 37; |
| 3. | A difference arising in connection with the settlement of the amount whose payment is suspended under Article 50(3); |
| 4. | Unpaid member contributions in cases where member contributions under Article 67(1) and (3) and Article 7(2) and (3) of the Addenda to the Act Amending the Public Officials Pension Act (Act No. 3586) have not been paid; |
| 5. | Unrepaid principal and interest in cases where a person has failed to repay student loans under Article 75; |
| 6. | Unrepaid principal and interest in cases where a person has failed to repay loans under Article 77(2)5. |
| Article 39 (Protection of rights) |
| (1) | The right to receive benefits shall not be transferred, seized, or provided as security; provided, this shall not apply where the right to receive benefits in the form of pension falls under any of the following cases: <Amended on Aug. 14, 2025> |
| 1. | Where the right is provided as security to a financial institution prescribed by Presidential Decree; |
| 2. | Where disposition for arrears is conducted under the National Tax Collection Act, the Local Tax Collection Act, or other statutes; |
| 3. | Where an amount exceeding that specified in Article 246(1)4 of the Civil Execution Act is seized in order to enforce a final and conclusive child support claim against a person entitled to benefits. |
| (2) | Of the benefits paid to a person entitled to benefits, an amount not exceeding the amount prescribed in subparagraph 3 of Article 195 of the Civil Execution Act shall not be seized. |
| Article 40 (Adjustment among benefits) |
| (1) | If a recipient of a retirement pension or an early retirement pension also receives a retirement survivors' pension in addition to his or her retirement pension or early retirement pension, the retirement survivors' pension shall be paid after deducting 1/2 of the amount thereof. |
| (2) | If a recipient of a retirement pension or a veterans’ retirement pension retires again or dies after having his or her length of service aggregated under Article 26, he or she may receive only a retirement pension (including a lump-sum retirement pension after deductions), an early retirement pension (including a lump-sum retirement pension after deductions), or a retirement survivors’ pension (including additional payments for retirement survivors’ pension); in lieu thereof, he or she shall not receive a lump-sum retirement pension or a lump-sum retirement survivors’ pension. |
| (3) | If a recipient of an early retirement pension retires again or dies after having his or her length of service aggregated under Article 26, he or she may receive only an early retirement pension (including a lump-sum retirement pension after deductions) or a retirement survivors’ pension (including additional payments for retirement survivors’ pension); in lieu thereof, he or she shall not receive a lump-sum retirement pension or a lump-sum retirement survivors’ pension. In such cases, the amount of the early retirement pension shall be the amount obtained by applying the pre-reappointment payment rate to the amount of the retirement pension calculated by aggregating the length of service. |
| (4) | A retirement pension under Article 43 and non-duty-related disability benefits under Article 59 shall not be paid simultaneously. |
| Article 41 (Adjustment to benefits under other statutes or regulations) |
| (1) | If a person receives, at the expense of the State or a local government, the same type of benefits as those under this Act under other statutes or regulations, the benefits under this Act shall be paid after deducting an amount equivalent to such benefits. |
| (2) | If a recipient of a veterans’ retirement pension under the Military Pension Act, a retirement pension or an early retirement pension under the Pension for Private School Teachers and Staff Act, or the Special Post Offices Act also receives a retirement survivors’ pension under this Act, the retirement survivors’ pension shall be paid after deducting 1/2 of the amount thereof. |
| (3) | If the right to receive non-duty-related disability benefits under Article 59 and the right to receive disability benefits under Article 28 of the Public Officials’ Accident Compensation Act arise simultaneously, one of those benefits may be selected and received. |
| (4) | If a public official entitled to a retirement pension or an early retirement pension dies and the survivors become entitled to a survivors' pension for a public official who died in the line of duty under Article 36 of the Public Officials' Accident Compensation Act (hereinafter referred to as the "survivors' pension for line-of-duty death") or a survivors' pension under Article 38 of that Act (hereinafter referred to as the "survivors' pension for line-of-duty death in hazardous duty"), he or she may elect to receive one of the retirement survivors' pension under Article 54(1) and the survivors' pension for line-of-duty death or the survivors' pension for line-of-duty death in hazardous duty. |
| (5) | Notwithstanding paragraph (4), if a public official who has served for 10 years or more dies while in service and the survivors select a lump-sum retirement survivors' pension under Article 54(4), and if the survivors become entitled to a survivors' pension for line-of-duty death or a survivors' pension for line-of-duty death in hazardous duty, the survivors may select and receive one of the lump-sum retirement survivors' pension and the survivors' pension for line-of-duty death or the survivors' pension for line-of-duty death in hazardous duty. |
| (6) | If a public official who has served for less than 10 years dies while in service and the survivors become entitled to a survivors' pension for line-of-duty death or a survivors' pension for line-of-duty death in hazardous duty, the survivors may select and receive one of the lump-sum retirement survivors' benefit under Article 58(1) and the survivors' pension for line-of-duty death or the survivors' pension for line-of-duty death in hazardous duty. |
| Article 42 (Right to claim damages against third party) |
| (1) | If the grounds for benefits under this Act arise due to an act of a third party, the Service shall acquire, to the extent of the amount of the benefits already paid (in cases where a non-duty-related disability pension is paid, referring to an amount equivalent to 5 years of such disability pension), the right to claim damages against the third party that the person entitled to benefits has; provided, if the third party falls under any of the following subparagraphs, the Service may, following deliberation by the Public Officials' Accident Compensation Deliberative Committee under Article 6 of the Public Officials' Accident Compensation Act, refrain from exercising all or part of the right to claim damages: |
| 1. | The spouse of the relevant public official or former public official; |
| 2. | A lineal ascendant or descendant of the relevant public official or former public official; |
| 3. | A public official performing official duties. |
| (2) | In cases falling under paragraph (1), if the person entitled to benefits has already received compensation for damages from the third party on the same grounds, benefits shall not be paid to the extent of the amount of such compensation. |
SECTION 2 Retirement Benefits
| Article 43 (Retirement pension or lump-sum retirement pension) |
| (1) | If a public official retires after serving for 10 years or more, a retirement pension shall be paid from the time when he or she falls under any of the following until his or her death: <Amended on Jan. 7, 2025> |
| 1. | Where he or she reaches the age of 65; |
| 2. | When 5 years have elapsed since he or she reached the retirement age or upper age limit for service if the statutes, regulations, etc. relating to the appointment of public officials prescribe a retirement age or an upper age limit for service of less than 60 years (if no upper age limit for service is prescribed for the relevant public official, the upper age limit refers to the age prescribed by Presidential Decree in consideration of the upper age limit, etc. applicable to public officials in similar positions under the statutes, regulations, etc. relating to the appointment of public officials); |
| 3. | When 5 years have elapsed since he or she retired upon reaching the class retirement age prescribed by the statutes, regulations, etc. relating to the appointment of public officials; |
| 4. | When 5 years have elapsed since he or she retired because his or her position was abolished or excess personnel arose as a result of the amendment or abolition of the organizational structure and authorized staffing levels, or a reduction in the budget, etc.; |
| 5. | When he or she comes to fall under a disability status prescribed by Presidential Decree. |
| (2) | Notwithstanding paragraph (1), if a public official who has retired after serving for 10 years or more wishes to receive a retirement pension before the time at which payment of the retirement pension begins under paragraph (1)1 through 4, an amount determined in accordance with the classifications set forth in the following subparagraphs based on the number of years falling short of that time (hereinafter referred to as “shortfall years”) may be paid to him or her as an early retirement pension until his or her death: |
| 1. | Where the shortfall years are 1 year or less: 95 percent of the amount equivalent to the retirement pension; |
| 2. | Where the shortfall years exceed 1 year but are 2 years or less: 90 percent of the amount equivalent to the retirement pension; |
| 3. | Where the shortfall years exceed 2 years but are 3 years or less: 85 percent of the amount equivalent to the retirement pension; |
| 4. | Where the shortfall years exceed 3 years but are 4 years or less: 80 percent of the amount equivalent to the retirement pension; |
| 5. | Where the shortfall years exceed 4 years but are 5 years or less: 75 percent of the amount equivalent to the retirement pension. |
| (3) | If a person entitled to a retirement pension or an early retirement pension under paragraphs (1) and (2) so requests, a lump-sum retirement pension may be paid in lieu of the retirement pension or the early retirement pension or, with respect to any period selected by the person out of his or her length of service exceeding 10 years (or, if a recipient of a retirement pension, an early retirement pension, or a veterans' retirement pension has had his or her length of service aggregated under Article 26, the aggregated length of service), a lump-sum retirement pension after deductions may be paid in lieu of the retirement pension or the early retirement pension corresponding to that period. |
| (4) | The amount of a retirement pension under paragraph (1) shall be 1.7 percent of the average standard monthly income per year of the length of service (if the length of service is less than 1 year, 1 month shall be calculated as 1/12 year; hereinafter the same shall apply); provided, the length of service shall not exceed 36 years. |
| (5) | The lump-sum retirement pension under paragraph (3) shall be calculated in accordance with the following formula; in such cases, any period of less than 1 year in the length of service shall be calculated on the basis that 1 month equals 1/12 year, and any period exceeding 36 years shall be calculated as 36 years: |
<img src="http://www.law.go.kr/flDownload.do?flSeq=33741247" alt="img33741247" .>
┌────────────────────────────────────────┐
│퇴직한 날의 전날이 × 재직연수 × [ 975 + 65 (재직연수-5) ] │
│속하는 달의 ───── ───── │
│기준소득월액 1,000 10,000 │
└────────────────────────────────────────┘
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| (6) | The lump-sum retirement pension after deductions under paragraph (3) shall be calculated in accordance with the following formula; in such cases, the deductible length of service refers to the length of service that the retiring public official wishes to have included in the calculation of the lump-sum retirement pension after deductions, and any period of less than 1 year shall be calculated on the basis that 1 month equals 1/12 year: |
<img src="http://www.law.go.kr/flDownload.do?flSeq=33741248" alt="img33741248" .>
┌────────────────────────────────────────┐
│퇴직한 날의 전날이 × 공제 × ( 975 + 65 × 공제 ) │
│속하는 달의 재직연수 ───── ───── 재직연수 │
│기준소득월액 1,000 10,000 │
└────────────────────────────────────────┘
</img.>
| (7) | If the amount calculated under paragraph (5) is less than the amount obtained by adding interest under Article 379 of the Civil Act to the member contributions already paid, the latter amount shall be paid in lieu of the amount calculated under paragraph (5). |
| (8) | The Minister of Personnel Management shall confirm retirement under paragraph (1)4, as prescribed by Presidential Decree. |
| Article 44 (Loss of entitlement to receive retirement pension) |
Where the disability of a person who has been receiving a retirement pension under Article 43(1)5 no longer falls under a disability prescribed by Presidential Decree, the retirement pension attributable to that disability shall cease to be paid from the month following the month in which such ground ceases to exist.
| Article 45 (Persons entitled to divided pension) |
| (1) | If a person has a marriage period of 5 years or more (referring to the period of marriage during which his or her spouse served as a public official, excluding any period during which a de facto marital relationship did not exist due to reasons such as separation or leaving the marital home; hereinafter the same shall apply) and satisfies all of the following requirements, he or she may, from that time and during his or her lifetime, receive a pension in a fixed amount obtained by dividing the retirement pension or early retirement pension of the person who was his or her spouse (hereinafter referred to as a "divided pension"): |
| 1. | He or she shall have divorced his or her spouse; |
| 2. | The former spouse shall be entitled to a retirement pension or an early retirement pension; |
| 3. | He or she shall have reached the age of 65. |
| (2) | The amount of a divided pension shall be an amount obtained by equally dividing the portion of the former spouse’s retirement pension or early retirement pension corresponding to the period of marriage. |
| (3) | A divided pension shall be claimed within 3 years from the date on which all the requirements set forth in the subparagraphs of paragraph (1) are satisfied. |
| (4) | Matters necessary for the claim for a divided pension, and the criteria and methods for recognizing the period of marriage, under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 46 (Special cases concerning payment of divided pension) |
Notwithstanding Article 45(2), if the division of a pension is separately determined under Article 839-2 or 843 of the Civil Act, such determination shall apply to the divided pension.
| Article 47 (Relationship between divided pension and retirement pension) |
| (1) | The right to receive a divided pension under 45(1) shall not be affected even if the right to receive a retirement pension or an early retirement pension of the former spouse is extinguished or suspended due to reasons arising after such right is acquired; provided, if the amount of the former spouse’s retirement pension or early retirement pension is reduced, or the payment thereof is suspended, due to reasons such as criminal punishment, Article 65 shall apply mutatis mutandis. |
| (2) | If a person entitled to benefits acquires 2 or more entitlements to a divided pension, the amounts of the divided pensions shall be aggregated and paid. |
| (3) | For purposes of paying a retirement survivors' pension under Article 54, a person entitled to a divided pension shall not be deemed to be a person entitled to a retirement pension or an early retirement pension. |
| (4) | If a person entitled to a divided pension acquires an entitlement to a retirement pension or an early retirement pension, the amount of the divided pension and the amount of the retirement pension or early retirement pension shall be aggregated and paid. |
| (5) | If the entitlement to a divided pension is extinguished, the amount payable before the division of the pension shall be paid to the former spouse, beginning with the month following the month in which the ground for such extinguishment arises. |
| (6) | If both a person entitled to a divided pension and the former spouse are entitled to a retirement pension or an early retirement pension, payment of each divided pension may be waived by agreement of the parties. |
| Article 48 (Special case concerning claim for divided pension) |
| (1) | Notwithstanding 45(3), if the former spouse divorces before reaching the age specified in 45(1)3, he or she may file an advance claim for a divided pension, beginning on the date on which the divorce takes effect. |
| (2) | Where the spouse of a public official claims a divided pension in advance (hereinafter referred to as "prior claim for a divided pension") pursuant to paragraph (1), he or she shall be deemed to have claimed the divided pension under Article 45(3); provided, this shall only apply where he or she has filed a prior claim for a divided pension and does not revoke a prior claim therefor under paragraph (3). |
| (3) | A prior claim for a divided pension shall be filed within 3 years from the date on which the divorce takes effect, and may be revoked before the claimant reaches the age specified in 45(1)3. In such cases, the filing of a prior claim for a divided pension and the revocation thereof shall each be limited to 1 time. |
| (4) | Even if a prior claim for a divided pension is filed, a divided pension shall be paid when all the requirements set forth in the subparagraphs of 45(1) are satisfied. |
| (5) | Matters necessary for the methods, procedures, etc. for filing a prior claim for a divided pension and revoking such claim under (1) through (3) shall be prescribed by Presidential Decree. |
| Article 49 (Division of lump-sum retirement pension) |
| (1) | Upon claim, the benefits under the relevant subparagraph shall be divided and paid to a former spouse of a public official falling under any of the following subparagraphs (limited to cases where the period of marriage is 5 years or more and the divorce occurred before the former spouse claims retirement benefits); in such cases, if a prior claim for a divided pension has already been filed, it shall be deemed to be a prior claim for the benefits under the relevant subparagraph: |
| 1. | A public official who claims a lump-sum retirement pension instead of a retirement pension under Article 43(3); |
| 2. | A public official who claims a lump-sum retirement pension after deductions instead of a retirement pension under Article 43(3); |
| 3. | A public official who claims a lump-sum retirement benefit under Article 51. |
| (2) | A claim for the division of a lump-sum retirement pension, a lump-sum retirement pension after deductions, or a lump-sum retirement benefit under paragraph (1) shall be filed within 3 years from the date on which a claim is filed for the lump-sum retirement pension, the lump-sum retirement pension after deductions, or the lump-sum retirement benefit (hereafter in this Article referred to as "lump-sum retirement pensions, etc."). |
| (3) | Articles 45(2) and (4), 46, the proviso of Article 47(1), Articles 47(2), (4), and (6), and 48(1), (2), and (4) shall apply mutatis mutandis to the amount to be divided under paragraph (1) and the method for filing a claim; in such cases, a "divided pension" shall be deemed to be a "divided pension lump sum," a "divided pension lump sum after deductions," or a "divided lump sum". |
| Article 50 (Suspension of payment of retirement pension or early retirement pension) |
| (1) | If a recipient of a retirement pension or an early retirement pension falls under any of the following subparagraphs, payment of the entire pension shall be suspended during the relevant period of service; provided, in the case of a local council member falling under subparagraph 2, if the monthly earned income under Article 20(2) of the Income Tax Act (hereinafter referred to as the "monthly earned income") is less than the amount of his or her retirement pension or early retirement pension, payment of part of the pension equivalent to such monthly earned income shall be suspended; and, in the case of any of subparagraphs 3 through 5, if the monthly earned income is less than 160 percent of the average standard monthly income of all public officials for the preceding year, payment of part of the pension shall be suspended in accordance with paragraph (3): <Amended on Jun. 30, 2023> |
| 1. | Where he or she is appointed as a public official under this Act, a member of the armed forces under the Military Pension Act, or a private school teacher or staff under the Pension for Private School Teachers and Staff Act; |
| 2. | Where he or she takes office as an elected public official by election; |
| 3. | Where he or she is employed as an executive officer or employee by an institution wholly invested in or funded by the State among public institutions under Article 4 of the Act on the Management of Public Institutions; |
| 4. | Where he or she is employed as an executive officer or employee by an institution wholly invested in or funded by a local government among local government-directly operated enterprises, local government-invested public corporations, and public agencies under Article 2 of the Local Public Enterprises Act; |
| 5. | Where he or she is employed as an executive officer or employee by an institution wholly invested in or funded by a local government among institutions under Article 2(1) of the Act on the Operation of Local Government-Invested or -Funded Institutions. |
| (2) | Matters relating to the designation, public notice, etc. of institutions falling under paragraph (1)3 through 5 shall be prescribed by Presidential Decree. |
| (3) | If a recipient of a retirement pension or an early retirement pension has a business income amount under Article 19(2) of the Income Tax Act or an earned income amount under Article 20(2) of that Act, and the monthly average amount of each income amount or the combined income amount (hereinafter referred to as the "monthly income amount") exceeds the average monthly pension amount of the preceding year (referring to the amount obtained by dividing the total amount of the retirement pension and the retirement survivors' pension by the number of the relevant recipients), payment of the amount classified under the following subparagraphs shall be suspended from the retirement pension or the early retirement pension; in such cases, the amount of payment suspended shall not exceed 1/2 of the retirement pension or the early retirement pension. |
| 1. | Where the monthly income amount exceeding the average monthly pension amount of the preceding year (hereinafter referred to as the "monthly excess income amount") is less than 500,000 won: 30 percent of the monthly excess income amount that is less than 500,000 won; |
| 2. | Where the monthly excess income amount is 500,000 won or more but less than 1 million won: 150,000 won plus 40 percent of the portion of the monthly excess income amount exceeding 500,000 won; |
| 3. | Where the monthly excess income amount is 1 million won or more but less than 1.5 million won: 350,000 won plus 50 percent of the portion of the monthly excess income amount exceeding 1 million won; |
| 4. | Where the monthly excess income amount is 1.5 million won or more but less than 2 million won: 600,000 won plus 60 percent of the portion of the monthly excess income amount exceeding 1.5 million won; |
| 5. | Where the monthly excess income amount is 2 million won or more: 900,000 won plus 70 percent of the portion of the monthly excess income amount exceeding 2 million won. |
| (4) | Matters necessary for to the calculation of the monthly income amount and the average monthly pension amount under paragraph (3), methods of suspension of payment, etc. shall be prescribed by Presidential Decree. |
[Amended on Jun. 30, 2023; Act No. 19513, following a decision of nonconformity to the Constitution rendered by the Constitutional Court on Jan. 27, 2022]
| Article 51 (Lump-sum retirement benefit) |
| (1) | If a public official retires after having served for less than 10 years, a lump-sum retirement benefit shall be paid. |
| (2) | The lump-sum retirement benefit under paragraph (1) shall be the amount calculated under Article 43(5). |
| (3) | If the amount calculated under paragraph (2) is less than the amount obtained by adding interest under Article 379 of the Civil Act to the member contributions already paid, notwithstanding paragraph (2), the amount obtained by adding interest under Article 379 of the Civil Act to such contributions shall be paid in lieu of the amount calculated under paragraph (2). |
| Article 52 (Retirement benefits for missing persons) |
| (1) | If a person entitled to retirement benefits has been missing for 1 year or longer, such retirement benefits may be paid to his or her heir upon a claim filed by a person who is to become his or her heir (who shall fall within the scope of survivors; hereafter in this Article the same shall apply). |
| (2) | If an heir claims the pension of the missing person under paragraph (1), the relevant pension shall be paid from the time when the missing person becomes entitled to a retirement pension or an early retirement pension under this Act; and if the whereabouts of the missing person remain unconfirmed even after 3 years have elapsed from the time when he or she became entitled to such pension, 60 percent of the amount of the relevant pension shall be paid beginning with the following month. |
| (3) | If the death of a person who had been missing is verified after benefits have been paid under paragraph (2), a retirement survivors' pension shall be paid to his or her heir beginning with the month following the month in which the date of confirmation of death falls; provided, if the date of death of the person who had been missing falls within 3 years from the date on which benefits under paragraph (1) were paid, the heir shall pay to the Service the amount obtained by adding interest prescribed by Presidential Decree to the difference between the survivors' pension receivable by the heir from the month following the month in which the date of death falls through the month in which the 3-year period expires and the benefits actually received. |
| (4) | If the survival of a person who had been missing is verified, a retirement pension or an early retirement pension shall be paid to the person beginning with the month following the month in which the date of confirmation of survival falls. In such cases, if 60 percent of the retirement pension or the early retirement pension has been paid to the heir under paragraph (2), the Service shall pay the amount obtained by adding interest prescribed by Presidential Decree to the difference between the benefits paid for the relevant period and the benefits payable. |
| (5) | If there are 2 or more heirs under paragraph (1), Articles 31 and 32 shall apply mutatis mutandis with respect to the order of priority of the heirs and the payment of retirement benefits, and Article 57 shall apply mutatis mutandis with respect to the loss and transfer of entitlement to benefits of an heir who receives benefits under paragraph (2). |
| Article 53 (Linkage of retirement benefits relating to corporatization) |
| (1) | If specific affairs of the State or a local government are transferred to a public enterprise or an institution or organization similar thereto (hereafter referred to as a "public enterprise"), and a public official who engaged in such affairs (including related affairs) retires and becomes an executive officer or employee of the public enterprise, the period of service that such executive officer or employee previously served as a public official under Article 25 shall be added to the period of service in the public enterprise when the retirement benefits of the public enterprise are calculated; and when such executive officer or employee retires from the public enterprise or dies, the Service shall transfer to the public enterprise the retirement benefits payable to him or her as a former public official under this Act, namely a lump-sum retirement pension or a lump-sum retirement benefit. |
| (2) | A lump-sum retirement pension or a lump-sum retirement benefit to be transferred to a public enterprise under paragraph (1) shall be calculated in accordance with the provisions governing the calculation of retirement benefits at the time the public official retires from public service; provided, the standard monthly income forming the basis for such calculation shall be the standard monthly income of the relevant public official as at the time he or she retires from the public enterprise or dies. |
SECTION 3 Retirement Survivors' Benefits
| Article 54 (Retirement survivors' pension and additional payments for retirement survivors' pension) |
| (1) | If a person who is or was a public official and is entitled to a retirement pension or an early retirement pension dies, a retirement survivors’ pension shall be paid. |
| (2) | If a public official who has served for 10 years or longer dies while in service, an additional payment for retirement survivors' pension shall be paid separately in addition to the retirement survivors' pension (including cases where a survivors' pension for line-of-duty death is selected in lieu of a retirement survivors' pension under Article 41(4); hereafter in paragraph (3) the same shall apply). |
| (3) | If a person who was a public official dies after retirement but before payment of a retirement pension begins, or if a recipient of a retirement pension or an early retirement pension dies within 3 years from the month in which payment of the pension begins, a special additional payment for retirement survivors' pension shall be paid separately in addition to the retirement survivors' pension. |
| (4) | If a public official who has served for 10 years or longer dies while in service, a lump-sum retirement survivors' benefits shall be paid in lieu of the retirement survivors' pension and the additional payment for the retirement survivors' pension, at the request of the survivors. |
| Article 55 (Amounts of retirement survivors' pension and additional payments for retirement survivors' pension) |
| (1) | The amount of a retirement survivors' pension shall be 60 percent of the amount of the retirement pension or the early retirement pension that a person who is or was a public official is entitled to; provided, if a person entitled to a retirement pension or an early retirement pension dies before the time when payment of the relevant retirement pension begins (if the person dies after the shortfall period exceeds 5 years, he or she shall be deemed to have died within a period of more than 4 years but not more than 5 years of the shortfall period), the amount of the retirement survivors' pension shall be 60 percent of the amount equivalent to the early retirement pension as at the time of death. |
| (2) | The amount of an additional payment for the retirement survivors' pension shall be 25 percent of the amount equivalent to the lump-sum retirement pension as at the time of death. |
| (3) | The amount of a special additional payment for the retirement survivors' pension shall be the amount obtained by multiplying 1/4 of the amount equivalent to the lump-sum retirement pension as at the time of retirement (where a lump-sum retirement pension after deductions is selected, referring to the lump-sum retirement pension corresponding to the period for which the pension is selected) by the following ratio: |
[36 ? (the number of months during which a retirement pension or an early retirement pension is entitled to be received until death under Article 34(1))] × 1/36.
| (4) | Article 43(5) and (7) shall apply mutatis mutandis with respect to the amount of a lump-sum retirement survivors' pension. |
| Article 56 (Retirement survivors' pension payable in cases of missing persons) |
If a person entitled to a retirement survivors' pension has been missing for 1 year or longer, the pension corresponding to the period during which the person has been missing may be paid to a person in the same order of priority upon the claim of such person; if there is no person in the same order of priority, the pension corresponding to the period during which the person has been missing may be paid to a person in the next order of priority upon the claim of such person.
| Article 57 (Loss and transfer of entitlement to retirement survivors' pension) |
| (1) | If a person entitled to a retirement survivors' pension falls under any of the following, he or she shall lose such entitlement: |
| 2. | Where he or she remarries (including cases where he or she is in a de facto marital relationship); |
| 3. | Where the kinship relationship with the deceased person who was a public official is terminated; |
| 4. | Where a child or grandchild who does not have a disability prescribed by Presidential Decree reaches the age of 19; |
| 5. | Where the disability of a person who has been receiving a retirement survivors' pension due to a disability prescribed by Presidential Decree is resolved. |
| (2) | If a person entitled to a retirement survivors' pension loses such entitlement and there is a person in the same order of priority, the entitlement shall be transferred to the person in the same order of priority, and if there is no person in the same order of priority, the entitlement shall be transferred to a person in the next order of priority. |
| Article 58 (Lump-sum retirement survivors' benefit) |
| (1) | If a public official dies after having served for less than 10 years, a lump-sum retirement survivors' benefit shall be paid to his or her survivors. |
| (2) | Article 51(2) and (3) shall apply mutatis mutandis with respect to the lump-sum retirement survivors' benefit under paragraph (1). |
SECTION 4 Non-Duty-Related Disability Benefits
| Article 59 (Non-duty-related disability pension or non-duty-related disability lump-sum benefit) |
| (1) | If a public official retires because he or she becomes disabled due to a disease or injury for reasons other than official duties, or becomes disabled due to such disease or injury after retirement, a non-duty-related disability pension or a non-duty-related disability lump-sum benefit shall be paid in accordance with the following disability grades: |
| 1. | Grades I through VII: Non-duty-related disability pension; |
| 2. | Grade VIII or lower: Non-duty-related disability lump-sum benefit. |
| (2) | The amount of a non-duty-related disability pension corresponding to the grades under paragraph (1)1 shall be the amount obtained by multiplying the standard monthly income by the percentage applicable to the relevant grade set forth in the following subparagraphs: |
| 1. | Grades I through II: 26 percent; |
| 2. | Grades III through IV: 22.75 percent; |
| 3. | Grades V through VII: 19.5 percent. |
| (3) | The amount of a non-duty-related disability lump-sum benefit corresponding to the grade specified in paragraph (1)2 shall be 2.25 times the standard monthly income. |
| (4) | The classification of disability grades under the subparagraphs of paragraph (1) shall be prescribed by Presidential Decree. |
| Article 60 (Revision of disability grades for non-duty-related disability pensions) |
The provisions of Articles 30 and 31 of the Public Officials' Accident Compensation Act shall apply mutatis mutandis, respectively, to the revision of disability grades for non-duty-related disability pensions under Article 59, the loss of entitlement to non-duty-related disability pensions, and the handling of cases where there are 2 or more disabilities. In such cases, "disability pension" shall be deemed to be "non-duty-related disability pension".
| Article 61 (Suspension of payment of non-duty-related disability pension) |
| (1) | Article 50 shall apply mutatis mutandis with respect to the suspension of payment of a non-duty-related disability pension. |
| (2) | If a person whose non-duty-related disability pension has been suspended under paragraph (1) retires from office again, the amount of the non-duty-related disability pension shall be redetermined based on the standard monthly income as at the time of the subsequent retirement, only if he or she meets the degree of disability prescribed by Presidential Decree as at the time of the subsequent retirement. |
| (3) | If the amount of a non-duty-related disability pension is redetermined under paragraph (2), the amount shall be the greater of the amount in effect before the payment of the non-duty-related disability pension was suspended under paragraph (1) and the amount redetermined under paragraph (2); provided, where the disability grades are revised under Article 30 of the Public Officials' Accident Compensation Act, the amount shall be calculated by applying the revised grades. |
SECTION 5 Retirement Allowance
| Article 62 (Retirement allowance) |
| (1) | If a public official retires from office or dies after having held office for at least 1 year, a retirement allowance shall be paid. |
| (2) | The retirement allowance under paragraph (1) shall be calculated in accordance with the following formula: |
<img src="http://www.law.go.kr/flDownload.do?flSeq=33741249" alt="img33741249" .>
┌──────────────────────────┐
│ Length of service × Amount of standard monthly income × percentage prescribed by Presidential Decree │
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| (3) | Article 52(1) and (5) shall apply mutatis mutandis with respect to the payment of a retirement allowance. |
SECTION 6 Restrictions on Benefits
| Article 63 (Restrictions on benefits due to intention or gross negligence) |
| (1) | If a person entitled to benefits under this Act intentionally causes a disease, injury, or disability, the relevant benefits shall not be paid. |
| (2) | If a person entitled to retirement survivors' benefits intentionally causes the death of a person who is or was a public official, or of a person receiving retirement survivors' benefits, the survivors' benefits shall not be paid to such person. The same shall apply where, before the death of a person who is or was a public official, a person who would become entitled to retirement survivors' benefits due to such death intentionally causes the death of a person in the same order of priority or a person in a higher order of priority. |
| (3) | If a person entitled to benefits under this Act falls under any of the following, all or part of the relevant benefits may not be paid to him or her, as prescribed by Presidential Decree: |
| 1. | Where he or she intentionally aggravates a disease, injury, or disability, or interferes with recovery therefrom; |
| 2. | Where he or she causes a disease, injury, or disability, aggravates such disease, injury, or disability, or interferes with recovery therefrom, by gross negligence or by failing to follow instructions relating to medical care without good cause. |
| (4) | If, among persons entitled to retirement survivors' benefits, a person who had a responsibility to raise a person who is or was a public official failed to fulfill such responsibility, all or part of the relevant benefits may not be paid, as prescribed by Presidential Decree, after deliberation by the Public Officials' Accident Compensation Deliberative Committee under Article 6 of the Public Officials' Accident Compensation Act, taking into account the period, seriousness, etc. of the failure to fulfill such responsibility. <Added on Dec. 22, 2020> |
| Article 64 (Restrictions on benefits for failure to undergo diagnosis) |
If a person is required to undergo a diagnosis for the payment of benefits under this Act and fails to undergo such diagnosis without good cause, part of the relevant benefits may not be paid, as prescribed by Presidential Decree.
| Article 65 (Restrictions on benefits due to punishment) |
| (1) | If a person who is or was a public official falls under any of the following, the retirement benefits and retirement allowance shall be reduced in part, as prescribed by Presidential Decree; in such cases, the amount of retirement benefits shall not be reduced below the amount obtained by adding interest under Article 379 of the Civil Act to the total amount of member contributions already paid: |
| 1. | Where a sentence of imprisonment without labor or a heavier punishment becomes final for a reason arising during the period of service (excluding cases where such reason arises from negligence unrelated to his or her duties or from negligence committed while complying with a lawful official order of his or her superior; hereafter in paragraph (3) the same shall apply); |
| 2. | Where he or she is removed from office by impeachment or disciplinary action; |
| 3. | Where he or she is dismissed by disciplinary action for accepting money or other valuables and entertainment, or for embezzlement or misappropriation of public funds. |
| (2) | If, after the retirement benefits and retirement allowance have been reduced in part and paid because a person who is or was a public official falls under any of the subparagraphs of paragraph (1), the ground for such reduction ceases to exist retroactively, the reduced amount shall be paid by adding interest prescribed by Presidential Decree. |
| (3) | If an investigation is under way or a criminal trial is pending for a criminal act punishable by imprisonment without labor or a heavier punishment for a reason arising during the period of service, part of the retirement benefits (excluding benefits in the form of a pension) and the retirement allowance may be suspended, as prescribed by Presidential Decree; in such cases, if the ground for restricting benefits ceases to exist, the amount whose payment was suspended shall be paid by adding interest prescribed by Presidential Decree. |
| (4) | If a person who is or was a public official is sentenced to imprisonment without labor or a heavier punishment, which becomes final, for committing a crime prescribed in Chapters I and II of Part II of the Criminal Act, Chapters I and II of Part II of the Military Criminal Act, or the National Security Act (excluding Article 10), for a reason arising during the period of service, the amount obtained by adding interest under Article 379 of the Civil Act to the total amount of member contributions already paid shall be returned; in such cases, benefits shall not be paid. |
CHAPTER V SHARING OF COSTS
| Article 66 (Principles governing sharing of costs) |
| (1) | The costs incurred for retirement benefits, retirement survivors' benefits, and non-duty-related disability benefits among the benefits under Article 28 shall be borne by public officials and the State or a local government. In such cases, the costs incurred for retirement benefits and retirement survivors' benefits shall be recalculated at least once every 5 years so as to maintain financial balance. |
| (2) | The State or a local government shall bear the expenses incurred in paying retirement allowances among the benefits under Article 28. |
| (3) | The State may grant subsidies to cover the expenses incurred in operating the Service. |
| Article 67 (Member contributions) |
| (1) | A public official shall pay member contributions on a monthly basis from the month in which the date on which he or she is appointed as a public official falls to the month in which the day preceding the date on which he or she retires from office or the date of his or her death falls; provided, the person who has paid member contributions for over 36 years shall be exempted from the payment of contributions. |
| (2) | The amount of member contributions under paragraph (1) shall be 9 percent of the standard monthly income. In such cases, the standard monthly income shall not exceed 160 percent of the average standard monthly income of all public officials. |
| (3) | A person whose period of service is included in the period of service as a public official under Article 25(3) shall pay retroactive member contributions in an amount equal to the member contributions for the included period, beginning with the month following the month in which the Service approves such inclusion. In such cases, if the relevant public official retires from office or dies while paying retroactive member contributions, the remaining retroactive member contributions shall be calculated based on the standard monthly income as at the time of retirement or death and deducted from the relevant retirement benefits or retirement survivors' benefits. |
| (4) | In the case of the former part of paragraph (3), where the relevant public official intends to pay retroactive member contributions in a lump sum, he or she may pay them in a lump sum after calculating the remaining retroactive member contributions based on the amount of member contributions for the month in which he or she intends to make the payment. |
| Article 68 (Collection of member contributions) |
Member contributions shall be collected by the person obligated to collect them from remuneration each month and paid to the Service within 3 days from the date on which the remuneration is paid.
| Article 69 (Collection of member contributions in cases of transfer) |
Where a public official is transferred to another agency, the person obligated to collect member contributions in the former agency shall collect the member contributions for the month in which the date of the transfer falls.
| Article 70 (Management of overpaid or unpaid member contributions) |
| (1) | Overpaid or underpaid member contributions may be adjusted when the next member contributions are collected. |
| (2) | The basis for calculating member contributions to be adjusted under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 71 (State pension contributions and supplementary State contributions) |
| (1) | The amount of the contributions borne by the State or a local government under Article 66(1) (hereinafter referred to as "State pension contributions") shall be 9 percent of the remuneration budget prescribed by Presidential Decree for each fiscal year; provided, where the State or a local government is unable to cover the costs incurred in providing retirement benefits and retirement survivors' benefits among the benefits under Article 28 with member contributions and State pension contributions, the State or the local government shall bear the insufficient amount (hereinafter referred to as "supplementary State contributions"), as prescribed by Presidential Decree. |
| (2) | The State or a local government shall pay the State pension contributions and supplementary State contributions under paragraph (1) (hereafter in this Article referred to as "State pension contributions, etc.") to the Service in 4 installments per year, by January 31, April 30, July 31, and October 31. |
| (3) | In cases falling under paragraph (2), State pension contributions, etc. shall be calculated as at the first day of each installment period; provided, where the budget for remuneration is increased or decreased, an adjustment shall be made when calculating the State pension contributions, etc. for the following installment period. |
| (4) | The Service may directly collect pension contributions, etc. to be paid by a local government out of the grants-in-aids or other grants which the State provides to the local government. |
| (5) | If the Service collects pension contributions, etc. under paragraph (4), it may estimate them on a provisional basis and collect them in advance. In such cases, it shall adjust them at the end of the following installment period. |
| (6) | If the State pension contributions, etc. are overpaid or underpaid, the amount thereof shall be added or subtracted when the State pension contributions, etc. for the following installment period are paid. |
| (7) | If any overpaid or underpaid portion of the State pension contributions, etc. under paragraph (6) is not settled when the State pension contributions, etc. for the following installment period are paid (including cases where the full amount is not paid to the Service within the relevant fiscal year), the amount shall be settled as an amount obtained by adding interest, as prescribed by Presidential Decree, to the principal amount thereof. |
| (8) | If the Minister of Personnel Management deems it necessary to ensure the smooth operation of the public officials pension finances, he or she may apply funds transferred from the Public Officials Pension Fund under Article 21(1)1d to supplementary State contributions, following deliberation by the Public Officials Pension Management Committee under Article 79. |
| Article 72 (Accumulation of actuarial reserves) |
The State and local governments shall, within the budget, set aside actuarial reserves in the Public Officials Pension Fund to ensure the stability of the public officials pension finances.
| Article 73 (State contributions for retirement allowances) |
| (1) | The State contributions borne by the State or a local government under Article 66(2), which represent the costs incurred for the payment of retirement allowances (hereinafter referred to as "State contributions for retirement allowances"), shall be the amount calculated as prescribed by Presidential Decree. |
| (2) | The State or a local government shall pay the State contributions for retirement allowances to the Service. In such cases, Article 71(2) through (7) shall apply mutatis mutandis with respect to the collection, etc. of the State contributions for retirement allowances; provided, where the amount paid by the State or a local government by the end of the relevant fiscal year is less than or greater than the costs actually incurred, a settlement shall be made by January 31 of the following year, as prescribed by Presidential Decree, and where such settlement is not made by January 31 of the following year, a settlement shall be made in the amount obtained by adding interest, as prescribed by Presidential Decree. |
| Article 74 (Transfer of pension amounts) |
If a recipient of a military pension under the Military Pension Act, retirement pension or early retirement pension under the Pension for Private School Teachers and Staff Act retires from office or dies after he or she has been appointed as a public official and has been permitted to have an aggregate length of service under Article 25(2), the Minister of National Defense or the Korea Teachers Pension (hereinafter referred to as the "Korea Teachers Pension") under the Pension for Private School Teachers and Staff Act shall transfer to the Service the amount equivalent to the military pension, retirement pension, early retirement pension, or survivors' pension (including the amount he or she may receive under Article 33, an additional payment for retirement survivors' pension and special additional payment for retirement survivors' pension) which the retired person or his or her survivors (including a person entitled to benefits under Article 33) may receive under the Military Pension Act or the Pension for Private School Teachers and Staff Act. In such cases, the method for calculating the amount transferred, the deadline for transfer, etc. shall be prescribed by Presidential Decree.
| Article 75 (Bearing of expenses for student loans) |
| (1) | Among the welfare programs for public officials implemented by the Service under subparagraph 4 of Article 17, the principal of student loans provided to public officials themselves and their children and the expenses incurred in operating such loan programs (hereinafter referred to as "student loans, etc.") shall be borne by the State or a local government, as prescribed by Presidential Decree (hereinafter referred to as "State contributions for student loans"). |
| (2) | The State or a local government shall pay the State contributions for student loans under paragraph (1) to the Service in 2 installments per year, by January 31 and July 31. In such cases, Article 71(6) and (7) shall apply mutatis mutandis with respect to the settlement, etc. of any overpaid or underpaid State contributions for student loans. |
| (3) | If the Service is unable to cover student loans, etc. out of the State contributions for student loans paid by the State or a local government, it may temporarily borrow the shortfall from the Public Officials Pension Fund. In such cases, the State or a local government shall pay to the Service, as prescribed by Presidential Decree, interest on the amount temporarily borrowed by the Service by the end of the following fiscal year. |
CHAPTER VI PUBLIC OFFICIALS PENSION FUND
| Article 76 (Establishment and creation of the Public Officials Pension Fund) |
| (1) | The Public Officials Pension Fund (hereinafter referred to as the "Fund") shall be established as actuarial reserves to be appropriated for benefits under this Act. |
| (2) | The Fund shall be created each fiscal year with reserves appropriated in the Service's budget, surplus funds shown in the settlement of accounts, and income from the operation of the Fund. |
| Article 77 (Management and operation of the Fund) |
| (1) | The Fund shall be managed and operated by the Service. |
| (2) | The Service shall operate the Fund by any of the following methods: |
| 1. | Acquisition of assets for the growth of the Fund and for the welfare of public officials; |
| 2. | Deposit of funds with financial institutions; |
| 3. | Deposit of funds with the Fiscal Financing Fund; |
| 4. | Purchase of securities directly issued by, or guaranteed by, the State, a local government, or a financial institution; |
| 5. | Provision of loans to public officials or persons entitled to a public officials pension; |
| 6. | Other fund growth projects or welfare programs for public officials prescribed by Presidential Decree. |
| (3) | The Service shall obtain, in advance, approval from the Minister of Personnel Management for important matters relating to the operation of the Fund. |
| Article 78 (Contributions to and investments of the Fund) |
| (1) | The Service may, following deliberation by the Public Officials Pension Management Committee under Article 79, make contributions from the Fund for welfare programs for public officials. |
| (2) | The Service may, following deliberation by the Public Officials Pension Management Committee under Article 79, invest funds from the Fund to implement the following projects among welfare programs for public officials under Article 77(2)6: <Amended on Feb. 27, 2024> |
| 1. | Sports facility business defined in subparagraph 2 of Article 2 of the Installation and Utilization of Sports Facilities Act; |
| 2. | Tourist accommodation business under Article 3 (1) 2 of the Tourism Promotion Act and theme park business under subparagraph 6 of that paragraph; |
| 3. | Establishment and operation of a funeral service establishment defined in subparagraph 15 of Article 2 of the Act on Funeral Services. |
| Article 79 (Public Officials Pension Management Committee) |
| (1) | To deliberate on the following matters relating to the public officials pension, a Public Officials Pension Management Committee (hereinafter referred to as the "Management Committee") shall be established in the Ministry of Personnel Management: |
| 1. | Matters relating to the public officials pension system; |
| 2. | Matters relating to actuarial calculations of the public officials pension; |
| 3. | Matters relating to the Fund management plan and settlement of accounts; |
| 4. | Matters relating to welfare programs for public officials implemented by the Fund; |
| 5. | Matters relating to contributions to, and investments of, the Fund; |
| 6. | Other matters that the Minister of Personnel Management deems necessary for the operation of the public officials pension. |
| (2) | The Management Committee shall be composed of not fewer than 15 and not more than 20 members, including the chairperson. |
| (3) | The Minister of Personnel Management shall serve as the chairperson of the Management Committee. |
| (4) | The members of the Management Committee shall be designated or appointed by the Minister of Personnel Management from among the following persons: |
| 1. | Public officials of central administrative agencies responsible for matters relating to public officials pension and welfare or accident compensation; |
| 2. | Public officials belonging to organizations of public officials; |
| 3. | Persons receiving retirement pensions; |
| 4. | Persons belonging to a non-profit, non-governmental organization defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act; |
| 5. | Persons with extensive knowledge of, and experience in, public officials pension matters. |
| (5) | Members of the Management Committee who are not public officials shall be deemed to be public officials for purposes of applying Articles 129 through 132 of the Criminal Act. |
| (6) | Matters necessary for the composition, operation, etc. of the Management Committee shall be prescribed by Presidential Decree. |
| Article 80 (Borrowing from the Fund and covering deficits by transfers from the Fund) |
| (1) | If the Service lacks funds necessary to provide benefits in a fiscal year, it may temporarily borrow funds from the Fund. |
| (2) | Any temporarily borrowed funds under paragraph (1) shall be repaid within the relevant fiscal year. |
| (3) | If expenditures on benefits in a fiscal year exceed revenues, the Service may cover the shortfall by a transfer from the Fund. |
| Article 81 (Disclosure of Fund operation) |
The Minister of Personnel Management shall disclose the settlement of accounts of the Fund for each fiscal year, as prescribed by Presidential Decree.
| Article 82 (Interest rate of the Fund) |
The interest rate applicable to the operation of the Fund shall be prescribed by Presidential Decree.
CHAPTER VII WELFARE OF PUBLIC OFFICIALS
| Article 83 (Welfare of public officials) |
| (1) | The Minister of Personnel Management may formulate and implement necessary policy measures relating to the welfare of public officials, in order to improve their quality of life and boost morale. |
| (2) | Matters necessary for the formulation and implementation of policy measures under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 84 (Support for retired public officials' social contribution activities) |
| (1) | The Minister of Personnel Management may formulate policy measures to enable retired public officials to contribute to society by utilizing their experience and expertise. |
| (2) | To deliberate on major matters relating to the policy measures under paragraph (1), a Committee for the Promotion of Retired Public Officials' Social Contribution may be established in the Ministry of Personnel Management, and matters necessary for the composition, operation, etc. of the Committee shall be prescribed by Presidential Decree. |
| (3) | If necessary in relation to the formulation and implementation of policy measures under paragraph (1), the Minister of Personnel Management may request relevant ministries or agencies to submit data prescribed by Presidential Decree. In such cases, the relevant ministries or agencies shall comply with the request unless there is a compelling reason not to do so. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the social contribution activities of retired public officials shall be prescribed by Presidential Decree. |
| Article 85 (Welfare of retired public officials) |
The Minister of Personnel Management shall prepare necessary measures for the welfare of retired public officials with respect to programs prescribed by Presidential Decree, such as the establishment and operation of a mutual aid association for retired public officials and the management of the cash assets of retired public officials.
| Article 86 (Entrustment of business) |
If necessary to efficiently implement matters under Articles 83 through 85, the Minister of Personnel Management may entrust all or part of the business to the Service. In such cases, the Minister may provide financial support for part of the costs required for the business within the budget.
CHAPTER VIII REQUEST FOR EXAMINATION
| Article 87 (Request for examination) |
| (1) | Any person who has an objection to a decision on benefits, the collection of member contributions, or other matters relating to benefits under this Act may file a request for examination with the Public Officials' Accident Compensation Pension Committee under Article 52 of the Public Officials' Accident Compensation Act, as prescribed by Presidential Decree. |
| (2) | A request for examination under paragraph (1) shall be filed within 180 days from the date on which a decision on benefits, etc. is made, or within 90 days from the date on which the person becomes aware of such fact; provided, this shall not apply where the person proves that he or she was unable to file a request for examination within such period due to good cause. |
| (3) | No administrative appeal under the Administrative Appeals Act may be filed with respect to a decision on benefits, the collection of member contributions, or other matters relating to benefits under this Act. |
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 88 (Prescription) |
| (1) | If the right to receive benefits under this Act is not exercised for 5 years from the date on which the grounds for benefits arise, such right shall be extinguished by prescription. |
| (2) | If the right to receive a refund of member contributions erroneously paid is not exercised for 5 years from the date on which the payment of retirement benefits or retirement survivors' benefits is determined, such right shall be extinguished by prescription. |
| (3) | If the Service fails to exercise its right to collect member contributions, amounts to be recovered, and other collectible amounts, etc. under this Act for 5 years from the date on which the grounds for collection or recovery arise, such right shall be extinguished by prescription. |
| (4) | A notice of payment or demand for payment of member contributions, amounts to be recovered, and other collectible amounts, etc. under this Act, and a claim for the payment of benefits or for a refund of overpaid amounts, etc., shall have the effect of interrupting prescription. |
| (5) | Extinctive prescription interrupted under paragraph (4) shall recommence after the payment period under a notice of payment or a demand for payment has elapsed. |
| Article 89 (Calculation of periods) |
In calculating the period relating to benefits, a request for examination, reporting, etc. under this Act, the number of days required for postal delivery shall not be included if the relevant documents are sent by mail.
| Article 90 (Confirmation by heads of agencies) |
| (1) | The head of an agency shall verify the occurrence of grounds for benefits under this Act, the payment of member contributions, records necessary for the calculation of the length of service, and other matters relating to the status of a person who is or was a public official. |
| (2) | If necessary to perform the confirmation duties under paragraph (1), the head of an agency may request a person who is or was a public official, or other relevant persons, to submit data or state opinions. |
| Article 91 (Liability of person obligated to collect member contributions) |
A person obligated to collect member contributions who, in performing his or her duties, fails to collect member contributions by intention or gross negligence and thereby causes losses to the Service shall be liable to compensate for such losses.
| Article 92 (Authority of the Minister of Personnel Management) |
| (1) | If the Minister of Personnel Management deems it necessary for the proper operation of benefits under this Act and the pension system, he or she may request the heads of agencies dealing with pensions, the heads of medical care institutions, and other relevant persons to take the following measures: |
| 1. | To submit necessary reports; |
| 2. | To present books, documents, or other articles; |
| 3. | To appear at a designated place and state opinions or provide explanations. |
| (2) | If the Minister of Personnel Management deems it necessary for the proper operation of benefits under this Act, he or she may have public officials under his or her jurisdiction or the Service enter related places and inspect books, documents, or other articles. |
| (3) | When a relevant public official or an employee of the Service conducts an inspection under paragraph (2), he or she shall present to the relevant persons identification verifying his or her authority. |
| Article 93 (Authority of the Service) |
| (1) | For the proper operation of benefits under this Act, the Service may notify persons entitled to benefits, the heads of agencies dealing with pensions, the heads of medical care institutions, and other persons related to benefits of necessary matters, or require them to submit relevant documents. |
| (2) | If necessary in relation to benefits under this Act, the Service may have its employees enter relevant places to examine documents, etc., or ask necessary questions of relevant persons. In such cases, an employee of the Service who enters, conducts an examination, or asks questions shall carry identification verifying his or her authority and present it to relevant persons. |
| (3) | The Service may request State agencies, local governments, the Korea Teachers Pension, the National Pension Service under the National Pension Act (hereinafter referred to as the “National Pension Service”), and the heads of other institutions, corporations, or organizations prescribed by Presidential Decree to provide data necessary for public officials pension programs, including investigations of income, etc. under Article 50, determination and payment of benefits, recovery of benefits, and student loans, including data on resident registration, family relations registration, national taxes, local taxes, land, buildings, health insurance, registration of persons with disabilities, and other data prescribed by Presidential Decree; in such cases, State agencies, local governments, the Korea Teachers Pension, the National Pension Service, or the heads of institutions, corporations, or organizations shall comply with the request unless there is a compelling reason not to do so. |
| (4) | With respect to data provided to the Service pursuant to paragraph (3), user fees, handling fees, etc. shall be exempted. |
| (5) | In cases falling under paragraph (1), where a person entitled to benefits fails to comply with a request of the Service without good cause, the payment of benefits may be suspended until he or she complies with the request. |
| Article 94 (Special cases concerning sharing of costs) |
Costs incurred in providing benefits arising from war or other emergencies shall be borne by the State only to the extent that such costs exceed the member contributions, State contributions, and proceeds earned from the operation of the Fund for the relevant year.
CHAPTER X PENALTY PROVISIONS
| Article 95 (Administrative fines) |
| (1) | If an executive officer or employee of the Service violates measures under Article 19(3) or refuses, obstructs, or evades an inspection, an administrative fine not exceeding 5 million won shall be imposed on him or her. <Amended on Dec. 22, 2020> |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 3 million won: <Amended on Dec. 22, 2020> |
| 1. | A person who fails to take the measures under the subparagraphs of Article 92(1) or who takes such measures falsely; |
| 2. | A person who refuses, obstructs, or evades an inspection under Article 92(2). |
| (3) | The Minister of Personnel Management shall impose and collect administrative fines under paragraphs (1) and (2). |
ADDENDA <Act No. 15523, Mar. 20, 2018>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to special cases concerning recipients of benefits)
The amended provisions of Article 33 shall begin to apply to persons who satisfy the requirements of the amended provisions, in cases where a person who is or was a public official dies after November 5, 2011, which is the date on which Article 30 of the partially amended Public Officials Pension Act (Act No. 10984) enters into force.
Article 3 (Applicability to adjustment of benefits under other statutes or regulations)
The amended provisions of Article 41(3) through (6) shall begin to apply to persons in whose case a reason for providing benefits arises after this Act enters into force.
Article 4 (Applicability to payment of, and prior claim for, divided pension)
| (1) | The amended provisions of Articles 45 through 48 (excluding the criteria for recognizing the marriage period under the amended provisions of Article 45(1) and (4)) shall begin to apply to persons who divorce after January 1, 2016. In such cases, the marriage period eligible for payment of the divided pension shall include the marriage period during which the spouse or former spouse served as a public official before January 1, 2016. |
| (2) | Notwithstanding the amended provisions of Article 45(1)3, a person who satisfies the requirements under the amended provisions of Article 45(1) 1 and 2 may receive a divided pension if he or she reaches the age specified for each year as set forth in the following subparagraphs: |
| 1. | From 2016 to 2021: 60 years of age; |
| 2. | From 2022 to 2023: 61 years of age; |
| 3. | From 2024 to 2026: 62 years of age; |
| 4. | From 2027 to 2029: 63 years of age; |
| 5. | From 2030 to 2032: 64 years of age; |
| (3) | The amended provisions of Article 49 shall also apply where a person who divorces during the period from January 1, 2016 to the date this Act enters into force files, after this Act enters into force, a claim for or a prior claim for divided payment of a lump-sum retirement pension, a lump-sum retirement pension after deductions, or a lump-sum retirement benefit. In such cases, the marriage period subject to division shall include the marriage period during which the spouse or former spouse served as a public official before this Act enters into force. |
Article 5 (Applicability to alteration of criteria for recognizing marriage period)
The criteria for recognizing the marriage period under the amended provisions of Article 45(1) and (4) shall begin to apply to cases where a reason for payment of a divided pension arises after this Act enters into force.
Article 6 (Special cases concerning payment of benefits and interest where grounds for restrictions on benefits cease to exist)
The amended provisions of Article 65(2) shall also apply to persons in whose cases a ground for restricting benefits ceases to exist retroactively before this Act enters into force. In such cases, notwithstanding the amended provisions of Article 88, no claim may be filed for payment of the amount under the amended provisions of Article 65(2) after 5 years have elapsed from the date this Act enters into force.
Article 7 (Special cases concerning public officials reappointed on the date of retirement or the following day)
Notwithstanding the amended provisions of Article 3(1)3, a person who was reappointed on the date of retirement or the day following the date of retirement before January 1, 1996, and who received retirement benefits and a retirement allowance corresponding to the period of service before reappointment, shall be deemed to have continuously held office, if he or she returned the previous retirement benefits and retirement allowance by June 30, 1996 (including cases where he or she expressed an intention to return them by June 30, 1996 and returned them in installments by applying the previous Article 24(3) mutatis mutandis).
Article 8 (Special cases concerning application of standard monthly income)
Notwithstanding the amended provisions of Article 3(1)5 of the partially amended Public Officials Pension Act (Act No. 9905), the standard monthly income for calculating benefits for the period of service after January 1, 2010 under the amended provisions of Article 3(1)5 of that Act shall be the amount obtained by multiplying the standard monthly income by a rate prescribed by Presidential Decree for each period of service; provided, where a change occurs in the length of service because the period of service or the period of military or other service before January 1, 2010 is included in an aggregated period under Article 23(2) of that Act after January 1, 2010, the standard monthly income shall be recalculated based on the changed length of service.
Article 9 (Special cases concerning aggregate length of service)
If a person has been permitted to have an aggregate length of service under Article 4(1) of the Addenda to the partially amended Public Officials Pension Act (Act No. 9905), notwithstanding the amended provisions of Article 25, only a retirement pension or early retirement pension corresponding to 20 years of length of service and a lump-sum retirement pension after deductions corresponding to the length of service exceeding 20 years shall be paid.
Article 10 (Special cases concerning adjustment of amount of pension)
The amended provisions of Article 35 shall not apply from the date this Act enters into force until December 31, 2020. In such cases, the same shall apply to aggregate retirement pensions under the Act on Aggregation of National Pension and Occupational Pensions.
Article 11 (Special cases concerning payment of retirement pension to persons appointed prior to December 31, 2009)
| (1) | If a public official who holds office as of January 1, 2016 and was appointed between January 1, 1996 and December 31, 2009 (including a person appointed after January 1, 2010 who has been permitted to have an aggregate length of service including periods of service as a public official, a member of the Armed Forces, or a private school teacher or staff member during the period between January 1, 1996 and December 31, 2009; hereafter in paragraph (2) the same shall apply) retires from office after January 1, 2016, his or her retirement pension shall, notwithstanding the amended provisions of Article 43(1)1 and Article 7(3) of the Addenda to the partially amended Public Officials Pension Act (Act No. 9905), be paid from the time he or she reaches the age determined for each retirement year set forth in the following subparagraphs (referring to the year in which the day preceding the date of retirement falls or the year in which the date of death falls; hereafter in paragraph (2) the same shall apply): |
| 1. | From 2016 to 2021: 60 years of age; |
| 2. | From 2022 to 2023: 61 years of age; |
| 3. | From 2024 to 2026: 62 years of age; |
| 4. | From 2027 to 2029: 63 years of age; |
| 5. | From 2030 to 2032: 64 years of age; |
| 6. | From 2033: 65 years of age. |
| (2) | Notwithstanding paragraph (1), if a public official appointed between January 1, 1996 and December 31, 2009 retires under the amended provisions of Article 43(1)2 through 4 (hereafter in this paragraph referred to as a “reason for retirement”), his or her retirement pension shall be paid from the time he or she reaches the relevant age prescribed for each retirement year; provided, where he or she reaches the age under paragraph (1) earlier, the retirement pension shall be paid from the time he or she reaches that age: |
| 1. | From 2016 to 2021: From the time a reason for retirement arises; |
| 2. | From 2022 to 2023: From the time 1 year elapses from the date on which a reason for retirement arises; |
| 3. | From 2024 to 2026: From the time 2 years elapse from the date on which a reason for retirement arises; |
| 4. | From 2027 to 2029: From the time 3 years elapse from the date on which a reason for retirement arises; |
| 5. | From 2030 to 2032: From the time 4 years elapse from the date on which a reason for retirement arises; |
| 6. | From 2033: From the time 5 years elapse from the date on which a reason for retirement arises. |
| (3) | If a public official retires from office after having held office for at least 10 years, notwithstanding the amended provision of Article 43(2), Article 10(4) of the Addenda to the partially amended Public Officials Pension Act (Act No. 6328), and Article 7(3) of the Addenda to the partially amended Public Officials Pension Act (Act No. 9905), an early retirement pension may be paid, at his or her option, by applying the number of years by which the relevant age prescribed in the subparagraphs of paragraphs (1) and (2) falls short. |
| (4) | Notwithstanding paragraph (1), with respect to a public official who was in service as at the time the partially amended Public Officials Pension Act (Act No. 6328) entered into force (referring to a public official who was appointed before December 31, 1995, or was appointed after January 1, 1996 and was permitted to have an aggregate length of service including a period of service as a public official, a member of the Armed Forces, or a private school teacher or employee prior to December 31, 1995), Article 10(1) through (5) of the Addenda to the partially amended Public Officials Pension Act (Act No. 6328) shall prevail over other statutes. |
Article 12 (Special cases concerning payment of retirement pension to persons appointed after January 1, 2010)
Notwithstanding the amended provisions of Article 43 and the amended provisions of Article 46 of the partially amended Public Officials Pension Act (No. 9905), Article 11(1) through (3) of the Addenda to this Act shall apply mutatis mutandis to public officials appointed after January 1, 2010.
Article 13 (Special cases concerning calculation of amount of pension)
| (1) | Notwithstanding the amended provisions of Article 43(4), the amount of retirement pension for the period from 2016 through 2034 shall be the amount obtained by multiplying the standard monthly income by the percentage applicable to each relevant year under the following subparagraphs: |
| 2. | Year 2017: 1.856 percent; |
| (2) | If the amount of a pension for the length of service after January 1, 2016 is calculated, with respect to the 1/100 applied per year of the length of service, notwithstanding paragraph (1) and the amended provisions of Article 43(4), the calculation shall be based on the amount obtained by multiplying the average standard monthly income by the following percentage; provided, this shall not apply to any length of service exceeding 30 years. |
| (3) | If, during the years under the subparagraphs of paragraph (1), a period of service before appointment is included in the length of service under the previous Article 23(3) and the amended provisions of Article 25(3) of this Act, the amount of a retirement pension for such period of service shall be the amount obtained by multiplying the average standard monthly income by the percentage corresponding to the year in which the period of service is included. |
| (4) | If the amount of benefits for the length of service after January 1, 2016 is calculated, if the amount of a retirement pension calculated under the amended provisions of Article 43(4) and paragraphs (1) and (2) of this Article exceeds the amount calculated under Article 46(4) as in force prior to its amendment by Act No. 13387 (hereafter in this paragraph referred to as the “previous provisions”), notwithstanding the amended provisions of Article 43(4) and paragraphs (1) and (2) of this Article, the previous provisions shall apply. |
Article 14 (Transitional measures concerning benefits and recipients of benefits)
Benefits listed in the left columns of the following table and the recipients of such benefits as at the time this Act enters into force shall be deemed the benefits listed in the right columns of that table and the recipients of such benefits, respectively:
Article 15 (Transitional measures concerning occurrence of grounds for benefits)
| (1) | With respect to benefits for a person in whose case a ground for benefits arose before this Act enters into force, the previous provisions shall apply. |
| (2) | Notwithstanding paragraph (1), with respect to benefits for a person in whose case a ground for benefits arose before January 1, 1983, which is the enforcement date of the Public Officials Pension Act (Act No. 3586), the provisions as in force prior to the amendment by that Act shall apply. |
| (3) | Notwithstanding paragraph (1), with respect to benefits for a person in whose case a ground for benefits arose before January 1, 1985, which is the enforcement date of the Public Officials Pension Act (Act No. 3735), the provisions as in force prior to the amendment by that Act shall apply. |
| (4) | Notwithstanding paragraph (1), with respect to benefits for a person in whose case a ground for benefits arose before January 1, 1988, which is the enforcement date of the Public Officials Pension Act (Act No. 3964), the provisions as in force prior to the amendment by that Act shall apply; provided, the previous provisions of that Act shall apply to survivors’ pensions under Article 57(1) of that Act. |
| (5) | Notwithstanding paragraph (1), with respect to benefits for a person in whose case a ground for benefits arose before December 29, 1988, which is the enforcement date of the Public Officials Pension Act (Act No. 4033), the provisions as in force prior to the amendment by that Act shall apply. |
| (6) | Notwithstanding paragraph (5), with respect to a pension received after the enforcement of the Public Officials Pension Act (Act No. 4033) by a person who was entitled to a pension before the enforcement of that Act, the amended provisions of Article 47(1)1 of that Act shall apply; provided, where such person has been holding office, since before the enforcement of that Act, in a school institution under Article 3 of the previous Pension for Private School Teachers and Staff Act (referring to the Act prior to its amendment by Act No. 4035; hereafter in this paragraph the same shall apply) and has not had his or her length of service aggregated under Article 32(1) of the previous Pension for Private School Teachers and Staff Act, the previous Pension for Private School Teachers and Staff Act shall apply. |
| (7) | Notwithstanding paragraph (1), the previous provisions of the Public Officials Pension Act as amended by Act No. 4334 shall apply with respect to benefits for a person in whose case a ground for benefits arose before October 1, 1991, which is the enforcement date of that Act. |
| (8) | Notwithstanding paragraph (1), the previous provisions of the Public Officials Pension Act as amended by Act No. 5117 shall apply with respect to benefits for a person in whose case a ground for benefits arose before January 1, 1996 [referring to January 1, 2000, in the case of the amended provisions of Article 47 (including cases where Article 47 is applied mutatis mutandis under Article 55 (1)) of that Act], which is the enforcement date of that Act. |
| (9) | Notwithstanding paragraph (1), the previous provisions of the Public Officials Pension Act as amended by Act No. 6328 shall apply with respect to benefits for a person in whose case a ground for benefits arose before January 1, 2001 [referring to January 1, 2002, in the case of the amended provisions of Articles 26(1), 38, 63, 69(8) and 69-3 of that Act; and referring to July 1, 2005, in the case of the amended provisions of Article 47 (including cases where Article 47 is applied mutatis mutandis under Article 55(1)) of that Act], which is the enforcement date of that Act. |
| (10) | Notwithstanding paragraph (1), the previous provisions of the Public Officials Pension Act as amended by Act No. 7543 shall apply with respect to benefits for a person in whose case a ground for benefits arose before July 1, 2005; provided, the amended provisions of Article 47 of that Act (including cases where Article 47 is applied mutatis mutandis under Article 55 (1)) shall also apply with respect to benefits for a person in whose case a ground for benefits arose before July 1, 2005, which is the enforcement date of those provisions. |
| (11) | Notwithstanding paragraph (1), the previous provisions of the Public Officials Pension Act as amended by Act No. 9905 shall apply with respect to the payment of benefits for which a ground for benefits arose before January 1, 2010, which is the enforcement date of that Act; provided, the amended provisions of Article 47(2) of that Act shall also apply to a person in whose case a ground for benefits arose before January 1, 2010, which is the enforcement date of that Act. |
| (12) | Notwithstanding paragraph (1), the previous provisions of the Public Officials Pension Act as amended by Act No. 9905 shall apply with respect to the payment of benefits corresponding to the length of service before January 1, 2010 (including the length of service and the period of service before January 1, 2010 among the periods aggregated under Article 23(2) of that Act after January 1, 2010; hereafter in paragraph (14) referred to as the “previous period”), which is the enforcement date of that Act. |
| (13) | The average standard monthly income under the amended provision of Article 3(1)6 of the Public Officials Pension Act as amended by Act No. 9905 shall be calculated based on the length of service after the enforcement date of that Act. |
| (14) | The amount of benefits for the previous period under paragraph (12) shall be calculated in accordance with the following methods: |
| 1. | The monthly remuneration or average monthly remuneration that forms the basis for calculating benefits refers to the amount obtained by converting, as prescribed by Presidential Decree, the monthly remuneration for the month in which the day immediately preceding the enforcement date of the Public Officials Pension Act as amended by Act No. 9905 falls, or the average monthly remuneration calculated based on that month, into its present value as at the time when a ground for benefits arises; provided, the average monthly remuneration that forms the basis for calculating a retirement pension or early retirement pension under Article 46(1) and (2) as in force before the amendment by that Act, and a survivors’ pension under Article 56(1) 1 as in force before the amendment by that Act (excluding cases where a person who was a public official dies while receiving a retirement pension or early retirement pension and his or her survivors become entitled to a survivors’ pension), refers to the amount converted in accordance with the amended proviso of Article 3(1)6 of that Act; |
| 2. | Where the previous period does not exceed 20 years, the amount of pension for the previous period shall be the amount obtained by multiplying the average monthly remuneration under subparagraph 1 by 25/1,000 for each year of the length of service; |
| 3. | Where the previous period exceeds 20 years, the amount of pension for the previous period shall be the amount obtained by adding, to the amount equivalent to 500/1,000 of the average monthly remuneration under subparagraph 1, the amount equivalent to 20/1,000 of the average monthly remuneration under subparagraph 1 for each year of the length of service exceeding 20 years; in such cases, the amount of the retirement pension for the previous period shall not exceed 760/1,000 of the average monthly remuneration under subparagraph 1. |
| (15) | Notwithstanding paragraph (1), the previous provisions shall apply to the payment of benefits for which a ground for payment arose before January 1, 2016, which is the enforcement date of the Public Officials Pension Act (No. 13387); provided, the amended provisions of Article 47 of that Act and Article 5 of the Addenda to that Act shall also apply to a person in whose case a ground for benefits arose before January 1, 2016. |
Article 16 (General transitional measures concerning disposition)
Acts performed by the former Minister of Personnel Management, the Service, and the Public Officials Pension Benefits Reexamination Committee (hereafter in this Article referred to as the “Minister of Personnel Management, etc.”) before this Act enters into force, or acts performed against the Minister of Personnel Management, etc. (including acts performed by the former Public Officials Pension Benefits Examination Committee, or acts performed against that Committee, before January 1, 1985, which is the enforcement date of the Public Officials Pension Act (No. 3735)), shall be deemed acts performed by the Minister of Personnel Management, the Service, and the Public Officials’ Accident Compensation Pension Committee under Article 52 of the Public Officials’ Accident Compensation Act, or acts performed against the Minister of Personnel Management, the Service, and that Committee, under this Act.
Article 17 (Transitional measures concerning scope of survivors)
Notwithstanding the amended provision of Article 3(1)2, the previous provisions of the Public Officials Pension Act (No. 5117) shall apply with respect to spouses, children (including embryos or fetuses as of December 31, 1995) who were married to, born to, or adopted by a public official, parents, grandchildren (including embryos or fetuses as of December 31, 1995), and grandparents, where such marriage, birth, or adoption relationship was established before January 1, 1996, which is the enforcement date of the Public Officials Pension Act (No. 5117) (referring to January 1, 2000 in the case of the amended provisions of Article 47 of that Act), after the public official retired from office before December 31, 1995.
Article 18 (Transitional measures concerning legal fiction as public officials for purposes of applying penalty provisions)
For purposes of applying penalty provisions to acts committed by executive officers and employees of the Service before January 1, 2010, notwithstanding the amended provisions of Article 16, the previous Public Officials Pension Act (referring to the Act prior to its amendment by Act No. 9905) shall apply.
Article 19 (Transitional measures concerning calculation of length of service to calculate retirement allowance)
| (1) | The amended provisions of Article 25 shall begin to apply to cases where a retirement allowance is calculated and paid after this Act enters into force. |
| (2) | Notwithstanding paragraph (1), Articles 23(4) and (5) of the previous Public Officials Pension Act (referring to the Act prior to its amendment by Act No. 4334) shall not apply to the payment of a retirement allowance to a person who was in service as at October 1, 1991, which is the date on which the Public Officials Pension Act (Act No. 4334) enters into force; provided, one half of each of the following periods after October 1, 1991 shall be deducted: the period of leave of absence [excluding a period of leave of absence for any reason falling under the subparagraphs of Article 23(5) of the previous Public Officials Pension Act)], the period of removal from position, and the period of suspension from office. |
| (3) | Notwithstanding paragraph (1), the amended provision of Article 23(5)3-3 of the Public Officials Pension Act (Act No. 8245) shall begin to apply to leaves of absence applied for after January 19, 2007, which is the enforcement date of that Act. |
| (4) | Notwithstanding paragraph (1), the amended provisions of Article 23(5)4 and (6) of the partially amended Public Officials Pension Act (Act No. 9905) shall begin to apply to retirement allowances calculated and paid after January 1, 2010, which is the enforcement date of that Act. |
| (5) | Notwithstanding paragraph (1), the amended provision of Article 23(5)3 of the Public Officials Pension Act (Act No. 10984) shall begin to apply to retirement allowances calculated and paid after August 4, 2011, which is the enforcement date of that amended provision. |
Article 20 (Transitional measures concerning amount to be returned upon aggregation of length of service)
If a person who is in service as at October 1, 1991, which is the enforcement date of the Public Officials Pension Act (Act No. 4334), is permitted to have an aggregate length of service and pays an amount to be returned, he or she shall pay the amount including the additional amount added to retirement benefits under the previous provisions, notwithstanding the amended provisions of Article 26(2) through (4).
Article 21 (Transitional measures concerning calculation of amount of benefits)
If retirement pensions or early retirement pensions under the amended provisions of Article 43(1) and (2), and retirement survivors’ pensions under the amended provision of Article 54(1) are calculated for the period from January 1, 2001 through December 31, 2009, if a public official retires from office or dies within 1 year after being promoted, demoted, transferred, reassigned, or reappointed before December 31, 2000 (referring to cases where a public official, a member of the Armed Forces, or a private school teacher or employee who retired is appointed as a public official and is permitted to have an aggregate length of service or period of service under the amended provision of Article 25(2); hereafter in this Article the same shall apply), notwithstanding the amended provision of Article 30, the average of the monthly remuneration before such promotion, demotion, transfer, reassignment, or reappointment and the monthly remuneration as at the time of retirement or death shall be used as the basis for calculating the amount of benefits.
Article 22 (Transitional measures concerning recovery of benefits)
Notwithstanding the amended provision of Article 37(1), the previous provisions of Article 31 shall apply to the amount to be recovered and requirements for recovery where a reason for recovery of benefits arises before this Act enters into force.
Article 23 (Transitional measures concerning requirements for receiving pension)
| (1) | Notwithstanding the amended provisions of Articles 43(1) through (3), 51, 54, and 58, Articles 46(1) through (3), 48(1), 56(1) through (3), and 60(1) of the previous Public Officials Pension Act (referring to the Act before amended by Act No. 13387) shall apply to the requirements for receiving a pension for public officials who retired before January 1, 2016. |
| (2) | The amended provisions of Articles 43(1) through (3), 51(1), 54(1) and (2) and 58(1) shall begin to apply to public officials who hold office as of January 1, 2016. |
Article 24 (Transitional measures concerning extension of upper limit of length of service)
In calculating retirement benefits for a public official who holds office as of January 1, 2016 (including a person who has had his or her length of service before the partially amended Public Officials Pension Act (Act No. 13387) enters into force aggregated under the previous Article 23(2) after that Act enters into force), the length of service and the period of payment of member contributions shall not exceed the following number of years, notwithstanding the amended provisions of Articles 43(4) and (5) and 67(1):
| 1. | Where the length of service before January 1, 2016 is at least 21 years: 33 years; |
| 2. | Where the length of service before January 1, 2016 is at least 17 years but less than 21 years: 34 years; |
| 3. | Where the length of service before January 1, 2016 is at least 15 years but less than 17 years: 35 years; |
| 4. | Where the length of service before January 1, 2016 is less than 15 years: 36 years. |
Article 25 (Transitional measures concerning payment of survivors' pension)
Notwithstanding the amended provisions of Articles 52(2) and (4) and 55(1), the previous provisions of Articles 49(2) and (4) and 57(1)1 and 2 shall apply to persons who receive a survivors’ pension before this Act enters into force; provided, Article 11 of the Addenda to the partially amended Public Officials Pension Act (Act No. 9905) shall apply to persons who receive a survivors’ pension before the partially amended Public Officials Pension Act (Act No. 13387) enters into force.
Article 26 (Transitional measures concerning survivors' pension, additional payments for survivors' pension and special additional payments for survivors' pension)
The previous provisions of Articles 56 and 57 shall apply to a survivors’ pension, additional payments for a survivors’ pension, and special additional payments for a survivors’ pension (referring to a survivors’ pension and additional payments for a survivors’ pension and special additional payments for a survivors’ pension under the previous Article 56(1)1) before this Act enters into force, notwithstanding the amended provisions of Articles 54 through 58. In such cases, the amended provisions of Articles 56(1) and 57(1) of the partially amended Public Officials Pension Act (Act No. 10984) shall begin to apply to persons who meet the requirements under that amended provisions where a person dies after November 5, 2011, the enforcement date of that Act.
Article 27 (Transitional measures concerning payment of non-duty-related disability pensions)
The previous provisions of Articles 51 through 55 and Article 3 of the Addenda to the partially amended Public Officials Pension Act (Act No. 13387) shall apply to the payment of a non-duty-related disability pension before this Act enters into force, notwithstanding the amended provisions of Articles 59 through 61.
Article 28 (Transitional measures concerning member contributions and State contributions)
| (1) | The previous provisions of Article 66(2) and Article 69(1) shall apply to the amount of member contributions and State pension contributions before this Act enters into force, notwithstanding the amended provisions of Articles 67 and 71. |
| (2) | Notwithstanding paragraph (1) and the amended provisions of Article 66(2) and Article 69(1) of the partially amended Public Officials Pension Act (Act No. 9905), the amount of member contributions and State pension contributions shall be the amount obtained by multiplying the standard monthly income and the budget for remuneration for that year by the following percentages: |
| (3) | Notwithstanding paragraphs (1) and (2), the amount of member contributions and State pension contributions shall be the amount obtained by multiplying the standard monthly income and the budget for remuneration for that year by the following percentages: |
Article 29 (Retroactive inclusion in length of service)
| (1) | A person who becomes subject to this Act under the amended provisions of Article 3(1) and who holds office as at the time this Act enters into force may include the period of service before this Act enters into force (referring to the period during which he or she has served shorter than normal working hours under the State Public Officials Act, the Local Public Officials Act, etc.; hereafter in this Article the same shall apply) in the length of service under the amended provisions of Article 25(1). In such cases, for that period included, the public official shall pay retroactive member contributions in the same amount as the member contributions for that month, from the month following the month in which the date on which the Service approves that inclusion falls. |
| (2) | Among persons who include the period of service before this Act enters into force under paragraph (1), any person who so wishes may aggregate the length of service under the Act on the Guarantee of Employees' Retirement Benefits corresponding to the period of service before this Act enters into force into the length of service at the time of paying a retirement allowance under the amended provisions of subparagraph 4 of Article 28. In such cases, retirement benefits under that Act on the Guarantee of Employees' Retirement Benefits corresponding to the period of service before this Act enters into force shall not be paid. |
Article 30 (Transitional measures concerning retroactive length of service)
| (1) | A person who has had his or her length of service aggregated or totaled under the provisions as in fore prior to its amendment by the Public Officials Pension Act (Act No. 3586) before January 1, 1983, which is the enforcement date of that Act, shall be deemed to have had his or her length of service aggregated or totaled under that Act, notwithstanding the amended provisions of Articles 25 and 26. |
| (2) | Notwithstanding the amended provisions of Articles 25 and 26, a public official who has a period of service as a public official (including a member of the armed forces under Article 2 of the Military Pension Act) between August 15, 1948 and December 31, 1959, a period of service as an employee in miscellaneous services between January 1, 1975 (January 1, 1976, in the case of a local temporary employee) and June 30, 1980, and a period of service as a technical expert between November 29, 1973 and June 30, 1980 may include that period in the length of service with the approval of the Service. In such cases, Article 16 of the Military Pension Act as amended by Act No. 3587 shall apply mutatis mutandis to the calculation of the period of military service to be included. |
| (3) | A person who has been approved to retroactively include that length of service under paragraph (1) shall pay retroactive member contributions in the same amount as the member contributions for that month on a monthly basis for that period. In such cases, where that public official retires or dies while paying retroactive member contributions, the remaining retroactive member contributions shall be calculated based on the monthly remuneration at the time of retirement or death and shall be deducted from that retirement benefits or retirement survivors’ benefits. |
Article 31 (Transitional measures concerning application of average amount of monthly remuneration)
The average amount of monthly remuneration under the amended provisions of Article 3(1)5 of the Public Officials Pension Act as amended by Act No. 6328 shall be calculated based on the length of service after January 1, 2001, which is the enforcement date of that Act, and the length of service or the period of service aggregated under Article 23(2) of that Act after January 1, 2001, notwithstanding the amended provisions of Article 3(1)5.
Article 32 (Transitional measures concerning inclusion of period of military service before appointment in length of service)
Article 23(3) of the previous Public Officials Pension Act (referring to that Act before being amended by Act No. 6328) shall apply to the inclusion of the period of military service before appointment in the length of service for a person who holds office as of December 31, 2000, notwithstanding the amended provisions of Article 25.
Article 33 (Transitional measures concerning exception to application of the Public Officials Pension Act to employees of the Korea Communications Commission)
Article 15 of the Addenda to the Public Officials Pension Act (Act No. 9905) shall apply to the calculation of the amount of pension for the length of service after January 1, 2010, notwithstanding the former part of Article 6(4) of the Addenda to the Act on the Establishment and Operation of Korea Communications Commission (Act No. 8867).
Article 34 (Transitional measures concerning application of previous amount of monthly remuneration)
If a person, in whose case a reason for application of the previous amount of monthly remuneration arose under Article 66(4) as in force prior its amendment by the Public Officials Pension Act (Act No. 9905) before that Act enters into force, applies for the application of the previous amount of monthly remuneration after the enforcement date of that Act, that person may be required to pay member contributions based on the amount of monthly remuneration before reduction up to the month preceding the month in which that Act enters into force, in accordance with the previous provisions.
Article 35 (Transitional measures following change of name of student loans)
| (1) | Student loans provided before January 1, 2010, which is the enforcement date of the Public Officials Pension Act (No. 9905), shall be deemed student loans under that Act. |
| (2) | Student loans provided under the previous Public Officials Pension Act before this Act enters into force shall be deemed student loans under this Act. |
Article 36 Omitted.
Article 37 (Relationship to other statutes or regulations)
If any other statute or regulation cites the previous Public Officials Pension Act or any provision thereof as at the time this Act enters into force, it shall be deemed to have cited this Act or the relevant provisions of this Act in lieu of the previous provisions thereof, if any provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 15554, Apr. 17, 2018>
Article 1 (Enforcement date)
This Act shall enter into force on September 21, 2018. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 16760, Dec. 10, 2019>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDA <Act No. 16851, Dec. 31, 2019>
Article 1 (Enforcement date)
This Act shall enter into force on January 1, 2020. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 17752, Dec. 22, 2020>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation; provided, the amended provisions of Article 95(1) and (2) shall enter into force on the date of its promulgation.
Article 2 (Applicability to restriction on payment of benefits)
| (1) | The amended provisions of Article 63(4) shall also apply to persons for whom grounds for survivors’ benefits arose before this Act enters into force. |
| (2) | Restriction on benefits under paragraph (1) shall begin to apply to benefits that become due after this Act enters into force. |
ADDENDUM <Act No. 19513, Jun. 30, 2023>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 20357, Feb. 27, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 1 year and 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 20658, Jan. 7, 2025>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to calculation of standard monthly income)
The amended provisions of the proviso of Article 30(1) shall begin to apply to persons who die or are killed in the line of duty after this Act enters into force.
ADDENDA <Act No. 21026, Aug. 14, 2025.>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation.
Article 2 (Applicability to seizure of the right to receive benefits in the form of pensions)
The amended provisions of Article 39(1)3 shall also apply to cases where child support claims (limited to child support claims for children who are minors as of the enforcement date of this Act) have been final and conclusive before this Act enters into force.