ENFORCEMENT DECREE OF THE PUBLIC OFFICIALS PENSION ACT
Wholly Amended by Presidential Decree No. 29181, Sep. 18, 2018
Amended by Presidential Decree No. 30760, Jun. 9, 2020
Presidential Decree No. 30807, Jun. 30, 2020
Presidential Decree No. 30833, Jul. 14, 2020
Presidential Decree No. 31337, Dec. 29, 2020
Presidential Decree No. 31349, Dec. 31, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31537, Mar. 16, 2021
Presidential Decree No. 32529, Mar. 8, 2022
Presidential Decree No. 35636, Jul. 7, 2025
Presidential Decree No. 35716, Aug. 26, 2025
Presidential Decree No. 35811, Oct. 1, 2025
Presidential Decree No. 35948, Dec. 30, 2025
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Public Officials Pension Act and those necessary for the enforcement thereof.
| Article 2 (Employees other than regular public officials) |
| 3. | Standing members and full-time employees of a committee, etc. of the State or a local government, who receive a fixed monthly amount of remuneration or salary equivalent thereto; provided, that standing members and full-time employees of a temporary advisory committee or a committee, etc. not based on any statutes or regulations shall be excluded; |
| 4. | Other employees of the State or a local government other than regular public officials, who fall under any of the following items and are recognized by the Minister of Personnel Management: |
| a. | Persons whom it is necessary to recognize, considering the continuity of their duties, whether a fixed amount of remuneration is paid every month, and other factors; |
| Article 3 (Criteria for recognizing survivors) |
| (1) | The criteria for recognizing whether a person who is or was a public official supported any of the persons falling under any item of Article 3(1)2 of the Act as at the time of his or her death shall be as specified in Appendix 1. |
| Article 4 (Scope of income and non-taxable income) |
| (1) | The scope of income under Article 3(1)4 of the Act shall be the remuneration for the preceding year received after having been in office for a certain period in accordance with the statutes, the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decrees, relating to the remuneration of public officials (hereinafter referred to as "statutes, regulations, etc. relating to the remuneration of public officials"); provided, where the Minister of Personnel Management deems it inappropriate to include certain income in the income for calculating member contributions and benefits due to changes in the types of allowances, whether they are taxable, etc., he or she may determine the scope of income differently. |
| (2) | Among the incomes under paragraph (1), the following incomes shall be the amount (if the amount is less than 1,000 won, it shall be deemed 1,000 won) calculated by dividing the total amount paid to the relevant public officials by type, grade, and rank (including a class equivalent thereto; hereinafter the same shall apply) [including only the amount paid to persons who served continuously from January 1 to December 31 of the preceding year] by the total number of the relevant public officials by type, grade, and rank as of the end of the year (including only those who served continuously from January 1 to December 31 of the preceding year); in such cases, the classification of the types, grades, and ranks of public officials shall be determined by the Minister of Personnel Management: |
| 1. | Performance-based annual salaries, performance-based bonuses, bonuses, performance-based benefits under the statutes, regulations, etc. relating to the remuneration of public officials, or any remuneration equivalent thereto; |
| 2. | Overtime allowances (limited to overtime work allowances, night work allowances, and holiday work allowances) under the statutes, regulations, etc. relating to the remuneration of public officials, or any benefits equivalent thereto; |
| 3. | Compensation for unused annual leave under the statutes, regulations, etc. relating to the remuneration of public officials, or any remuneration equivalent thereto. |
| Article 5 (Determination of standard monthly income) |
| (1) | The standard monthly income defined in Article 3(1)4 of the Act shall be calculated according to the following classifications: |
| 1. | Where a person has served continuously from January 1 to December 31 of the preceding year: (The amount obtained by excluding non-taxable income under Article 4(3) from the income under Article 4(1) and (2) ÷ 12) × (1 + the rate of increase in remuneration for public officials under paragraph (4)); |
| 2. | Where a person has not served continuously from January 1 to December 31 of the preceding year, or where the preceding year includes a period during which he or she served for hours shorter than the normal working hours [hereinafter referred to as "period of part-time work"] due to the conversion to part-time work under Article 57-3 of the Decree on the Appointment of Public Officials: The amount calculated under Article 6 or 7. |
| (2) | Notwithstanding paragraph (1), where a ground for benefits arises before the standard monthly income for the relevant year based on the income for the preceding year is determined and applied (referring to the period from January to April of the relevant year), the amount obtained by adding the amount under subparagraph 2 to the amount under subparagraph 1 shall be the standard monthly income for the relevant year in which the ground for benefits arises: |
| 1. | The amount calculated under paragraph (1)1 - [(the amount obtained by excluding non-taxable income under Article 4(3) from the amount under Article 4(2) ÷ 12) × (1 + the rate of increase in remuneration for public officials under paragraph (4))]; |
| 2. | (The amount obtained by excluding non-taxable income under Article 4(3) from the amount under Article 4(2), which formed the basis of the standard monthly income for the preceding year, ÷ 12) × (1 + the rate of increase in step for the preceding year by type, grade, and rank of public officials) |
| (3) | Notwithstanding paragraphs (1) and (2), where a ground for benefits (excluding retirement pension, early retirement pension, and retirement survivors' pension) arises in the relevant year after the monthly salary has increased due to promotion, transfer, reassignment, etc., the standard monthly income for calculating such benefits shall be the amount obtained by adding the amount under subparagraph 2 to the amount under subparagraph 1; provided, in the case of a retirement allowance, the standard monthly income shall be the amount obtained by adding the amount under subparagraph 3 to the amount under subparagraph 1: <Amended on Jul. 7, 2025> |
| 1. | The standard monthly income calculated under paragraph (1) or (2) (referring to the standard monthly income for the month in which the date the ground for benefits arises falls); |
| 2. | [The increased portion of the monthly salary due to promotion, transfer, reassignment, etc. (in the case of a public official subject to the annual salary system, referring to the increased portion of the amount equivalent to the monthly salary under Article 2(1) of the Addenda to the partially amended Public Officials Remuneration Regulations (Presidential Decree No. 20537))] × [(the number of months for which the monthly salary has increased) ÷ 12]; |
| 3. | The increased portion of the monthly salary due to promotion, transfer, reassignment, etc. (in the case of a public official subject to the annual salary system, referring to the increased portion of the amount equivalent to the monthly salary under Article 2(1) of the Addenda to the partially amended Public Officials Remuneration Regulations (Presidential Decree No. 20537)). |
| (4) | Notwithstanding paragraphs (1) through (3), the standard monthly income under the proviso of Article 30(1) of the Act shall be the amount obtained by adding the amount under subparagraph 2 to the amount under subparagraph 1; provided, in the case of a public official subject to the annual salary system (excluding those newly appointed as a public official subject to the annual salary system by promotion, etc.), the standard monthly income shall be the amount obtained by adding the amount under subparagraph 3 to the amount under subparagraph 1: <Added on Jul. 7, 2025> |
| 1. | The standard monthly income calculated under paragraphs (1) through (3) (referring to the standard monthly income for the month in which the date the ground for benefits arises falls); |
| 2. | The increased portion of the monthly salary due to appointment by promotion, etc. under the proviso of Article 30(1) of the Act (in the case of a public official newly becomes subject to the annual salary system by promotion, etc., referring to the increased portion of the monthly salary calculated by deeming that the person has been promoted according to the grade and step system applicable to public officials subject to the step-based salary system); |
| 3. | The amount calculated by dividing by 12 the amount obtained by multiplying the amount falling under each subparagraph of Article 37(2) of the Public Officials Remuneration Regulations (where a person becomes subject to the job performance-based annual salary system by promotion, etc., referring to the duty-based pay amount corresponding to Grade B of high-ranking public officials under Article 68 of that Decree and subparagraphs 1 and 2 of Appendix 40) by 66 percent. |
| (5) | The Minister of Personnel Management shall give public notice of the rate of increase in remuneration for public officials in the Official Gazette by January 25 each year. <Amended on Jul. 7, 2025> |
| Article 6 (Standard monthly income of newly employed persons) |
The standard monthly income of a newly employed person shall be calculated by multiplying the amount under each of the following subparagraphs by the number obtained by adding 1 to the rate of increase in remuneration for public officials under Article 5(5) (hereinafter referred to as "rate of increase in remuneration for public officials") on May 1 each year: <Amended on Jul. 7, 2025> | 1. | The amount equivalent to the average amount of standard monthly income of public officials of the same or similar type, grade, and rank as at the time of appointment; |
| 2. | Where the standard monthly income cannot be calculated under subparagraph 1, the amount calculated by dividing by 12 months the annual amount a person would receive if he or she served continuously from January 1 to December 31 of the relevant year. |
| Article 7 (Standard monthly income during period of leave of absence) |
The standard monthly income during a period of leave of absence or a period of part-time work shall be calculated by multiplying the standard monthly income as of the day immediately preceding the date of leave of absence or the day immediately preceding the commencement date of the period of part-time work by the number obtained by adding 1 to the rate of increase in remuneration for public officials on May 1 each year.
| Article 8 (Period of application of standard monthly income) |
| (1) | The period of application of the standard monthly income under Article 5(1) and the average standard monthly income of all public officials under Article 26(2) shall be from May of the relevant year to April of the following year; provided, the standard monthly income under Article 5(1)2 shall be applied from the time the standard monthly income is determined and applied under Articles 6 and 7 until before the standard monthly income is determined and applied under Article 5(1)1. |
| (2) | Notwithstanding paragraph (1), the standard monthly income under Article 5(1) and (2) for the year in which the ground for benefits arises shall be applied from January of the relevant year until the month in which the date the ground for benefits arises falls. |
| Article 9 (Submission of income data and notification of standard monthly income) |
| (1) | The head of an agency dealing with pensions under Article 11 shall submit the data under each of the following subparagraphs to the Government Employees Pension Service (hereinafter referred to as the "Service") under Article 4 of the Act by the deadline prescribed in each relevant subparagraph to determine the standard monthly income for the public officials under his or her jurisdiction: <Amended on Jul. 7, 2025> |
| 1. | Data evidencing the income under Article 4(1), the amount under each subparagraph of paragraph (2) of that Article, and the non-taxable income under paragraph (3) of that Article: January 31 each year; |
| 2. | Income data necessary to determine the standard monthly income under Article 5(2): Immediately upon the occurrence of a ground for benefits; |
| 3. | Income data necessary to determine the increased portion of the monthly salary under Article 5(3) and the standard monthly income under Article 6: The end of each month; |
| 4. | Data necessary to determine the standard monthly income under Article 5(4): Immediately upon the occurrence of a ground for benefits (in the case of data relating to appointment by promotion, etc. under the proviso of Article 30(1) of the Act, immediately after such appointment). |
| (2) | The Government Employees Pension Service under Article 4 of the Act shall notify the standard monthly income and member contributions of each public official to the head of an agency dealing with pensions under Article 11 no later than 10 days before the remuneration payment date in May each year. |
| (3) | If deemed necessary, the head of an agency dealing with pensions under Article 11 may, when submitting data under paragraph (1), have the head of another agency dealing with pensions collect and submit the data. |
[Title Amended on Jul. 7, 2025]
| Article 10 (Conversion of standard monthly income into present value) |
| (1) | Conversion of the amount of standard monthly income into the current value under the main clause of Article 3(1)5 of the Act shall be conducted by the method of converting it into the current value as at the time a reason for providing benefits has arisen, by multiplying the amount of standard monthly income by the number obtained by adding 1 to the percentage of increase in remuneration for public officials (referring to the nationwide consumer price fluctuation rate of the previous year compared to that of the year immediately preceding the previous year which is publicly notified by the Minister of Data and Statistics each year under Article 3 of the Statistics Act, with regard to the period from the month in which the date of retirement falls to the month in which the date of re-appointment as a public official falls, where an aggregate length of service or an aggregate period of service is recognized under Article 25(2) of the Act) in consecutive order for each period of application. <Amended on Mar. 16, 2021; Oct. 1, 2025> |
| (2) | The method for converting the average standard monthly income into present value under the proviso of Article 3(1)5 of the Act shall be to multiply the average standard monthly income sequentially by the number obtained by adding 1 to the rate of increase in remuneration for public officials for each year, thereby converting it into the present value as at the time the payment of the pension commences. |
| Article 11 (Heads of agencies dealing with pensions and persons obligated to collect member contributions) |
| (1) | "Who is prescribed by Presidential Decree" in Article 3(1)6 of the Act means a person specified in Appendix 2 (hereinafter referred to as "head of an agency dealing with pensions"); provided, the Government Employees Pension Service under Article 4 of the Act may, if deemed necessary to efficiently handle pension-related business, separately designate the head of an agency other than the heads of agencies dealing with pensions specified in Appendix 2 as a head of an agency dealing with pensions, in consideration of the location and number of personnel of the relevant agency and other circumstances. |
| (2) | "Person who is prescribed by Presidential Decree" in Article 3(1)7 of the Act means a person who performs withholding at source under the Income Tax Act as an employee under the jurisdiction of the head of an agency dealing with pensions. |
CHAPTER II THE GOVERNMENT EMPLOYEES PENSION SERVICE
| Article 12 (Registration of establishment) |
Matters to be registered for the registration of establishment of the Government Employees Pension Service (hereinafter referred to as "the Service") under Article 4 of the Act shall be as follows: | 3. | Locations of the main office and branch offices; |
| 4. | Date of authorization for establishment; |
| 5. | The names and addresses of executive officers; |
| 6. | Where any executive officer's power of representation is limited, details of such limitation; |
| 7. | Method of public announcement. |
| Article 13 (Matters to be resolved by the board of directors) |
Each of the following matters shall be subject to a resolution by the board of directors:
| 1. | The budget and the settlement of accounts; |
| 2. | Basic policies for the operation of the Service, such as business plans, fund-raising plans, and fund management plans; |
| 3. | Amendments to the articles of incorporation; |
| 4. | Enactment, amendment, and repeal of regulations; |
| 5. | Acquisition, management, and disposal of major property. |
| Article 14 (Business operation plans and budget) |
| (1) | If the Service intends to obtain approval of a business operation plan and a budget from the Minister of Personnel Management under Article 19(1) of the Act, it shall submit an application for approval to the Minister, accompanied by the following documents, no later than 2 months before the commencement of the fiscal year of the relevant business: <Amended on Jan. 5, 2021> |
| 1. | A business operation plan; |
| 2. | A budget bill (including the general provisions of budget, estimated statement of financial position, estimated statement of profit or loss, and specifications annexed thereto). |
| (2) | If the Service intends to change the business operation plan and budget approved under paragraph (1), it shall submit a document stating the reasons for, and details of, the change to the Minister of Personnel Management. |
| Article 15 (Accounting rules) |
The accounting rules of the Service under Article 20(2) of the Act shall include the following: | 1. | Transfers from the Public Officials Pension Fund under Article 21 of the Act, and loans from the Public Officials Pension Fund and amounts covered by transfer under Article 80 of the Act; |
| 2. | Revenues and expenditures of the Public Officials Pension Fund; |
| 4. | Other matters relating to the accounting treatment of the Public Officials Pension Fund. |
| Article 16 (Scope of entrustment of affairs) |
| 1. | Receipt of member contributions, State contributions, and other costs; |
| 3. | Payment of various loans and receipt of repayments thereof; |
| 4. | Purchase of securities and collection of principal and interest; |
| 5. | Receipt of proceeds from the sale of property; |
| 6. | Business of purchasing sites for housing for public officials, and constructing and selling or leasing such housing, and matters related thereto; |
| 7. | Business of purchasing sites for welfare facilities for public officials, and constructing and operating such welfare facilities, and matters related thereto; |
| 8. | Management and operation of cash assets entrusted by the mutual aid association for retired public officials or by retired public officials under Article 85 of the Act. |
| Article 17 (Enactment and amendment of regulations) |
When the Service enacts or amends any regulations related to its internal organization, personnel affairs of its employees, remuneration of its executive officers and employees, or auditing, it shall obtain approval from the Minister of Personnel Management.
CHAPTER III LENGTH OF SERVICE
| Article 18 (Period of service recognized as length of service) |
"Period of service prescribed by Presidential Decree" in Article 25(3)1 of the Act means the following periods: <Amended on Jun. 30, 2020> | 1. | A period of actual duty service performed under a defense call-up or a full-time reserve call-up; |
| Article 19 (Notification of reasons for reducing length of service) |
If the head of the agency that has imposed a disposition of leave of absence, removal from office, suspension from office, or demotion falling under the grounds for reduction of the length of service under Article 25(5) of the Act is different from the head of an agency dealing with pensions, the former shall notify the latter thereof without delay.
| Article 20 (Procedures for aggregating length of service) |
| (1) | An application for aggregation of length of service under Article 26(1) of the Act shall be submitted after appointment and no later than the day preceding the date of retirement. <Added on Mar. 16, 2021> |
| (2) | Upon receipt of an application for aggregation of length of service under paragraph (1), the Service shall notify the applicant and the head of the relevant agency dealing with pensions of whether the aggregation of length of service or period of service is recognized, and of other necessary matters. <Amended on Mar. 16, 2021> |
| Article 21 (Method of paying amount to be returned) |
| (1) | A person whose aggregation of length of service is recognized under Article 26(2) of the Act shall pay the amount of retirement benefits to be returned and interest thereon (hereinafter referred to as "amount to be returned") in accordance with the following classifications: |
| 1. | In cases of a lump-sum return: The amount shall be paid to a receiving agency under Article 63 by the end of the month following the month in which the date on which the aggregation is approved falls; |
| 2. | In cases of a return in installments: Beginning with the month following the month in which the date on which the aggregation is approved falls, a person obligated to collect member contributions shall collect the amount from remuneration each month and pay it to the Service, or a person whose aggregation of length of service is recognized shall pay it to a receiving agency under Article 63 by the end of each month. |
| (2) | Installment payment of the amount to be returned shall be made on a monthly basis, and the number of installments shall be determined by the person whose aggregation of length of service is recognized, within a limit of 60 installments. |
| (3) | If a person whose aggregation of length of service is recognized retires or dies and there is any unpaid amount to be returned, the Service may pay benefits after deducting such unpaid amount to be returned. |
| Article 22 (Calculation of amount to be returned) |
| (1) | When calculating the amount to be returned, the calculation period for interest to be collected in addition to the amount of benefits to be returned shall be the number of months from the month following the month in which the benefits were paid to the month in which the date on which the application for aggregation of length of service is received by the Service falls; such interest shall be included in the amount of benefits on a yearly basis, and the amount of interest thereafter shall be calculated on the basis of such amount; provided, if payment is made in installments under Article 26(3) of the Act, the calculation period for interest to be added again shall be from the month following the month in which the aggregation of length of service is recognized to the month in which installment payments end, and the amount payable per installment shall be the amount obtained by equally dividing the principal and interest by the number of installments. |
| (2) | “Interest prescribed by Presidential Decree” in the main clause of Article 26(2) of the Act means interest calculated, for the interest calculation period, by applying the interest rate calculated in accordance with the following subparagraphs, based on the time deposit interest rates as of January 1 of each relevant year applied by banks established under the Banking Act whose business area covers the entire nation (hereinafter referred to as “nationwide banks”): <Amended on Jul. 7, 2025> |
| 1. | The amount to be returned of a lump-sum retirement benefit: The average of the time deposit interest rates; |
| 2. | The amount to be returned of a lump-sum retirement pension and a lump-sum retirement pension after deductions: The highest of the time deposit interest rates. |
| (3) | "Interest prescribed by Presidential Decree" in the latter part of Article 26(3) of the Act refers to interest calculated by applying the interest rate determined in accordance with the subparagraphs of paragraph (2), on the basis of the interest rates on time deposits applied by nationwide banks as of January 1 of the year in which approval for the aggregation of the length of service was granted; provided, where the difference between the interest rate applied during installment payments and the interest rate at the time of such approval is at least 2 percentage points, the increased or decreased rate shall be applied in calculating interest. The same shall apply where, during installment payments, there is a further increase or decrease of at least 2 percentage points compared with the changed rate. <Amended on Jul. 7, 2025> |
| (4) | If the amount to be returned is not paid by the payment deadline prescribed in Article 21(1), the calculation period for interest for arrears shall be the period of arrears (calculated on a daily basis), and the applicable interest rate shall be twice the highest interest rate among the interest rates on time deposits with a maturity of 1 year applied by nationwide banks as of January 1 of each relevant year during the calculation period for interest for arrears. |
| Article 23 (Procedures for including period of service before appointment) |
| (1) | An application for inclusion of a period of service under Article 27 of the Act shall be submitted after appointment and no later than the day preceding the date of retirement. <Added on Mar. 16, 2021> |
| (2) | Upon receipt of an application for inclusion of a period of service under paragraph (1), the Service shall determine whether the period of service is to be included in the length of service and notify the applicant and the head of the relevant agency dealing with pensions of the result. <Amended on Mar. 16, 2021> |
SECTION 1 General Provisions
| Article 24 (Confirmation of grounds for benefits and deliberation on benefits) |
"Matters prescribed by Presidential Decree, including whether a disability pension or disability lump-sum payment under Article 59, and whether benefits under Article 63(3) and (4) fall under grounds for restriction on benefits" in the proviso of Article 29(1) of the Act refers to the following: <Amended on Jun. 22, 2021> | 1. | Whether to exercise all or part of the right to claim damages against a third party under the proviso of Article 42(1) of the Act; |
| 2. | Whether a case falls under any ground for restriction on benefits under Article 63(3) and (4) of the Act; |
| 3. | Whether a case falls under a disability status under Article 40; |
| 4. | Determination and revision of disability grades under Articles 54 and 56; |
| 5. | Other matters determined by the Minister of Personnel Management relating to the determination or payment of benefits. |
| Article 25 (Entrustment of authority to determine benefits) |
Pursuant to Article 29(2) of the Act, the Minister of Personnel Management shall entrust the Service with his or her authority to determine benefits under paragraph (1) of that Article.
| Article 26 (Average amount of standard monthly income of all public officials) |
| (1) | Article 10 shall apply mutatis mutandis to the method of converting the amount obtained by dividing by 3 the aggregate of the amounts calculated in accordance with each item of Article 30(2)1 of the Act into the present value as at the time pension payments begin. |
| (2) | The average amount of standard monthly income of all public officials under Article 30(3) of the Act shall be calculated by dividing the aggregate amount of the standard monthly income of all public officials (including only those who have worked continuously from January 1 to December 31 of the preceding year; hereafter in this Article the same shall apply) by the total number of public officials, and an amount of less than 10,000 won shall be deemed to be 10,000 won. <Amended on Mar. 16, 2021> |
| (3) | When calculating the standard monthly income of each public official for purposes of calculating the average amount of standard monthly income of all public officials under paragraph (2), if the amount calculated in accordance with the following formula exceeds an amount equivalent to 160 percent of the average amount of standard monthly income of all public officials in the preceding year, the amount shall be calculated by excluding the excess: <Added on Mar. 16, 2021> |
Amount of income under Article 4(1) and (2) excluding non-taxable income under paragraph (3) of that Article / 12 | (4) | The Minister of Personnel Management shall publicly notify the average amount of standard monthly income of all public officials in the Official Gazette by April 30 of each year. <Amended on Mar. 16, 2021> |
| Article 27 (Method of paying benefits to representative of survivors) |
| (1) | If 2 or more survivors who are in the same order of entitlement to receive survivors’ retirement benefits select a representative from among themselves or their legal representatives and delegate to that representative the receipt of the benefits payable to all of them, the Service may pay the full amount to the representative, in lieu of equally dividing and paying the benefits to each person under Article 32 of the Act. |
| (2) | Delegation under paragraph (1) shall be made by submitting to the Service a written designation of a representative, signed in his or her own handwriting by the delegating person, together with the documents classified in accordance with the following subparagraphs: |
| 1. | If the delegating person is an adult: A copy of an identification card issued by a public institution that is capable of verifying the identity of the delegating person, such as his or her resident registration card; |
| 2. | If the delegating person is a minor: A copy of an identification card issued by a public institution that is capable of verifying the identity of the legal representative, such as his or her resident registration card. |
| Article 28 (Special cases concerning payment of benefits where no survivor exists) |
| (1) | "Amount not exceeding the limit prescribed by Presidential Decree" in Article 33(1) of the Act refers to the amount determined in accordance with the following subparagraphs: |
| 1. | Benefits in the form of a pension: An amount obtained by multiplying 3 years’ worth of the original pension amount (referring to the amount equivalent to an early retirement pension as at the time of death, where a person who is or was a public official dies before reaching the retirement pension eligibility age under Article 43(1)1 through 4 of the Act; or referring to the amount equivalent to an early retirement pension calculated on the premise that the person died after more than 4 years but not more than 5 years of the shortfall period, where the person dies after the shortfall period under Article 43(2) of the Act exceeds 5 years) by the rate calculated in accordance with the following formula: |
[36 - (Number of months during which a pension can be paid until death under Article 34(1) of the Act)] ÷ 36; | 2. | Other benefits: The full amount of the original benefit; provided, in the case of a lump-sum retirement survivors’ pension or a lump-sum retirement survivors’ benefit, the amount shall be 1/2 of the original benefit amount. |
| (2) | If a person who is or was a public official dies without leaving any survivor or any lineal ascendant or descendant, the Service may pay the benefits under paragraph (1) to the head of the agency dealing with pensions of the deceased, so that such benefits may be used to provide a grave, ritual utensils, a monument, etc., or to cover expenses for commemorative projects, etc., or medical care expenses incurred before death. |
| Article 29 (Payment and receipt of benefits) |
| (1) | The Service shall pay benefits using a deposit account of a person entitled to benefits opened at a post office or financial institution entrusted with affairs relating to the payment of benefits by the Service under Article 23 of the Act and Article 16 of this Decree; provided, if the Service deems it necessary to protect the right to receive benefits under Article 39 of the Act, it may determine a different method of payment. |
| (2) | Benefits deposited into the deposit account of a person entitled to benefits under paragraph (1) shall be deemed to have been received by that person. |
| Article 30 (Issuance of pension certificate) |
The Service shall issue a pension certificate to a person who receives benefits in the form of a pension (hereinafter referred to as a “pension recipient”).
| Article 31 (Payment date of pensions) |
The payment date of benefits in the form of a pension under Article 34(3) of the Act shall be the 25th day of each month; provided, if the payment date falls on a Saturday or a public holiday, the pension shall be paid on the immediately preceding day, and if the entitlement to receive a pension is extinguished, the pension may be paid before the payment date.
| Article 32 (Claim for settlement of pensions for reason of emigration or loss of nationality) |
| (1) | If a person who emigrates to a foreign country and is entitled to benefits in the form a pension (hereinafter referred to as a "person entitled to a pension") intends to receive a lump-sum payment in lieu of benefits in the form of a pension under Article 36(1) of the Act, he or she shall submit to the Service a claim for settlement of the pension, together with documents evidencing emigration, such as a confirmation of reporting emigration under Article 5(2) of the Enforcement Decree of the Overseas Emigration Act. <Amended on Mar. 16, 2021> |
| (2) | If a person entitled to a pension who has lost his or her nationality intends to settle and receive a lump-sum payment of benefits in the form of a pension under Article 36(2) of the Act, he or she shall submit to the Service a claim for settlement of the pension, together with documents evidencing the loss of nationality, such as a certificate of removal from the family register or a basic certificate among certificates on matters of family relations. |
| Article 33 (Investigation of personal affairs of pension recipients) |
| (1) | To identify any changes in status affecting benefits in the form of a pension under Article 93 of the Act, the Service may request the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the place of residence or place of registration of a pension recipient to conduct an investigation into his or her personal affairs. |
| (2) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu, upon receipt of a request for investigation under paragraph (1), shall conduct the investigation without delay and notify the Service of the results thereof. |
| (3) | Under Article 93(1) and (2) of the Act, the Service may, to verify any change to or extinguishment of entitlement, conduct investigations of a pension recipient or his or her family members, etc. regarding matters such as whether the pension recipient has died or divorced, maintains his or her livelihood, or fulfills his or her child-rearing responsibilities, or may request the submission of relevant materials. <Amended on Jun. 22, 2021> |
| (4) | A pension recipient residing in a foreign country shall, as of May 31 of each year, submit to the Service by June 30 of that year documents stating changes in his or her status, after obtaining confirmation from the head of the diplomatic mission abroad (if no diplomatic mission abroad has been established in that country, from the head of a diplomatic mission abroad located in an adjacent country; hereafter in this paragraph the same shall apply); provided, submission of documents prescribed by the Service that verify the identity of the pension recipient, issued by the Government, a public institution, or a hospital of the country of residence, such as a certificate of entry and exit or a tax filing certificate, may substitute for confirmation by the head of the diplomatic mission abroad. <Amended on Jul. 7, 2025> |
| (5) | If a pension recipient fails to submit the materials under paragraph (3) or (4) without good cause, the Service may suspend the payment of benefits under Article 93(5) of the Act. In such cases, the Service shall notify the pension recipient or his or her family members, etc. in advance, before suspending the payment of benefits, that the payment of benefits may be suspended if the materials under paragraph (3) or (4) are not submitted. |
| (6) | The Service shall resume the payment of benefits immediately after the reason for suspension of the payment of benefits under paragraph (5) is resolved. |
| Article 34 (Recovery of benefits) |
| (1) | The interest and expenses of recovery that shall be collected in addition to the amount of benefits under the latter part, with the exception of the subparagraphs, of Article 37(1) of the Act shall be as follows; in such cases, the period for calculating the interest to be added to the amount of benefits shall be from the day following the day on which the benefits are received to the day on which the amount of benefits to be recovered and the interest thereon (hereinafter referred to as the “amount to be recovered”) are determined and publicly notified; such interest shall be added to the amount of benefits on a yearly basis, and the interest accrued thereafter shall be calculated based on such amount: |
| 1. | Interest: The amount calculated by applying, for each relevant year, the highest interest rate among the time deposit interest rates applied by nationwide banks as of January 1 of that year; |
| 2. | Expenses of recovery: The amount determined by the Service as travel expenses necessary for investigations relating to the recovery of benefits and other expenses incurred in such recovery. |
| (2) | If a person liable to pay an amount to be recovered fails to pay it by the deadline under the latter part, with the exception of the subparagraphs, of Article 37(1) of the Act, the late-payment interest shall be the amount calculated by applying, during the period for calculating late-payment interest, an interest rate equivalent to twice the highest interest rate among the time deposit interest rates applied by nationwide banks as of January 1 of each relevant year. In such cases, if the amount to be recovered is not paid by the deadline, the period for calculating late-payment interest shall be from the day following the deadline to the day on which the amount to be recovered is paid. |
| (3) | If a person who has received benefits or the head of an agency dealing with pensions discovers any fact falling under any subparagraph of Article 37(1) of the Act, he or she shall, without delay, file a report with or notify the Service of such fact. |
| (4) | If the Service discovers any reason for recovery of benefits through a report or notification under paragraph (3) or by any other means, it shall conduct an investigation without delay, send a written notice of return of the amount to be recovered to the person who has received the benefits, and notify the head of the agency dealing with pensions of such fact. |
| (5) | A person who has received a written notice of return under paragraph (4) shall pay the amount to be recovered within 30 days from the date of receipt of the written notice; provided, in cases falling under Article 37(1)2 and 3, he or she may submit an application for installment payments of the amount to be recovered to the Service, obtain approval therefrom, and make monthly installment payments from the month following the month in which the date of approval falls, within the range classified as follows: |
| 1. | Where the amount to be returned is less than 10 million won: 20 installments; |
| 2. | Where the amount to be returned is at least 10 million won but less than 20 million won: 40 installments; |
| 3. | Where the amount to be returned is at least 20 million won: 60 installments. |
| (6) | Interest to be added where installment payments are made under the proviso, with the exception of the subparagraphs, of paragraph (5) (excluding cases falling under Article 37(1)3 of the Act where benefits are erroneously paid from the outset due to a mistake of, or omission by, the head of an agency dealing with pensions or the Service) shall be calculated by applying the interest rate under paragraph (1)1 to the amount to be recovered payable during the period of installment payments. In such cases, the amount per installment shall be the amount obtained by equally dividing the principal and interest by the number of installments. |
| (7) | If a person who has obtained approval for installment payments of an amount to be recovered under the proviso, with the exception of the subparagraphs, of paragraph (5) is in arrears on installment payments for 3 months or more, the Service may revoke the approval of installment payments and recover the amount to be recovered and the late-payment interest in a lump sum. |
| (8) | If the whole amount to be returned is not paid by the deadline prescribed in the main clause, with the exception of the subparagraphs, of paragraph (5) (in cases of installment payments under the proviso, with the exception of the subparagraphs, of that paragraph, referring to the deadline for payment of the last installment), or if the amount to be recovered and the late-payment interest are recovered in a lump sum under paragraph (7), the Service shall collect them in the same manner as delinquent national taxes are collected under Article 37(2) of the Act. |
| (1) | The Service may write off an amount to be recovered under Article 37(3)3 of the Act in any of the following cases: |
| 1. | Where the whereabouts of the person in arrears have been unknown for a long period or it is found that the person in arrears has no property; |
| 2. | Other cases where it is determined that recovery is impossible due to an unavoidable reason. |
| (2) | Where the Service writes off the amount to be recovered under paragraph (1)2, it shall obtain approval from the Minister of Personnel Management. |
| Article 36 (Adjustment to other benefits borne by the State) |
| (1) | The amount to be deducted from the amount of benefits under Article 41(1) of the Act shall be as follows: |
| 1. | If the length of service that serves as the basis for calculating benefits under Article 28 of the Act overlaps with the length of service that serves as the basis for calculating retirement payments borne by the State, etc. under other statutes or regulations, the amount equivalent to the State contributions out of the amounts equivalent to the benefits for the overlapping period of service after January 1, 1960; in such cases, the amount equivalent to the State contributions shall be the amount obtained by multiplying the amount of the recipient's member contributions for the month in which the overlapping period of service ends by the number of overlapping months of service; |
| (2) | When a claim for benefits is filed, the head of an agency dealing with pensions shall investigate and verify whether there is any ground for deduction under the subparagraphs of paragraph (1), and if there is such a ground, shall state it on the written claim for benefits and forward the claim to the Service. |
| Article 37 (Adjustment to third party's compensation for damage) |
| (1) | If a public official becomes disabled due to an act of a third party, the person entitled to a non-duty-related disability pension under subparagraph 3a of Article 28 of the Act or a non-duty-related disability lump-sum payment under item b of that subparagraph, and the medical care institution responsible for the medical care, shall report without delay to the head of an agency dealing with pensions the fact that the public official has become disabled due to the act of the third party. |
| (2) | Upon receipt of a report under paragraph (1), the head of an agency dealing with pensions shall, without delay, investigate the circumstances of the act and matters relating to compensation for damage under the Compulsory Motor Vehicle Liability Security Act or other statutes or regulations, and forward an investigation report to the Service. |
SECTION 2 Retirement Benefits
| Article 38 (Application of upper age limit for service) |
The upper age limit for service of public officials whose upper age limit for service is not prescribed in any Act, the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decrees (hereinafter referred to as “statutes, regulations, etc. relating to the appointment of public officials”), under Article 43(1)2 of the Act, shall be as follows: | 1. | Where the upper age limit for service is prescribed by municipal ordinances: The upper age limit for service so prescribed; |
| 2. | Where the upper age limit for service is not prescribed by the statutes, regulations, etc. relating to the appointment of public officials and municipal ordinances: The age determined by the Minister of Personnel Management, taking into account the retirement age for public officials under the State Public Officials Act and the Local Public Officials Act. |
| Article 39 (Confirmation of retirement due to amendment or abolition of organizational structure and authorized staffing levels) |
| (1) | If a public official under the jurisdiction of the head of an agency dealing with pensions retires under Article 43(1)4 of the Act because his or her position is eliminated due to the amendment or abolition of organizational structure and authorized staffing levels, or due to a reduction in the budget, etc., or because the number of personnel exceeds the authorized staffing levels, the head of the agency dealing with pensions shall submit to the Minister of Personnel Management materials capable of verifying the reasons for such retirement, the authorized staffing levels, the current number of personnel, etc. |
| (2) | The Minister of Personnel Management shall, based on the materials submitted under paragraph (1), verify whether the retirement of the relevant public official falls under Article 43(1)4 of the Act, and send a written confirmation to the head of an agency dealing with pensions. |
| Article 40 (Disability status for receipt of retirement pensions) |
| Article 41 (Claims for retirement benefits) |
| (1) | A person who intends to receive a retirement pension, early retirement pension, lump-sum retirement pension, lump-sum retirement pension after deductions, or a lump-sum retirement benefit under Article 43 or 51 of the Act shall submit a claim for retirement benefits to the Service. |
| (2) | Notwithstanding paragraph (1), in the following cases, a claim for retirement benefits may be filed by telephone without submitting a written claim for retirement benefits; in such cases, the Service shall carry out verification procedures, such as audio recording, to verify the identity of the claimant and the fact of the claim: <Amended on Jul. 7, 2025> |
| 1. | Where a person who meets the criteria prescribed by the Service files a claim for a lump-sum retirement benefit because the length of his or her service is short or the amount thereof is small; |
| (3) | Where a person files a claim for a retirement pension by falling under a disability status under Article 43(1)5 of the Act and Article 40 of this Decree, he or she shall submit a claim for retirement benefits under paragraph (1) together with a disability medical certificate for public officials pension issued by a medical care institution. |
| Article 42 (Special cases concerning calculation of retirement benefits) |
| (1) | If a retired public official, member of the armed forces, or private school teacher or staff member is appointed as a public official, retires after the length of service has been aggregated under Article 25(2) of the Act, and intends to receive a lump-sum retirement pension or a lump-sum retirement benefit, and if the amount of such benefits is less than the amount obtained by adding the amount to be returned and the interest thereon (referring to the interest calculated on an annual compounding basis by applying, after payment of the amount to be returned, the highest interest rate among the time deposit interest rates applied by nationwide banks as at January 1 of each relevant year) and the lump-sum retirement pension or lump-sum retirement benefit corresponding to the period of service as a public official after reappointment, the added amount shall be paid. |
| (2) | If a person is appointed as a public official, retires after including the period of service in the length of service under Article 25(3) of the Act, and intends to receive a lump-sum retirement pension or a lump-sum retirement benefit, and if the amount of such benefits is less than the amount obtained by adding the retroactive member contributions under Article 67(3) of the Act and the interest thereon under Article 379 of the Civil Act, and the lump-sum retirement pension or lump-sum retirement benefit corresponding to the period of service as a public official after appointment, the added amount shall be paid. |
| Article 43 (Reporting on loss of entitlement to retirement pension, early retirement pension, and non-duty-related disability pension) |
| Article 44 (Marriage period excluded from calculation of divided pension) |
| (1) | In calculating a marriage period under Article 45(1) of the Act, any of the following periods shall be excluded from the marriage period: |
| (2) | Notwithstanding paragraph (1), if any of the following periods exists, the relevant period shall apply: |
| 1. | A period agreed between the divorced parties during which no de facto marital relationship existed; |
| 2. | A period recognized by a court judgment, etc. as a period during which no de facto marital relationship existed. |
| (3) | A person entitled to retirement benefits under subparagraph 1 of Article 28 of the Act, a person entitled to a divided pension under Article 45(1) of the Act, or a person who files a claim for division of a lump-sum retirement pension, etc. under Article 49(1) of the Act, if any period under paragraph (1) or (2) exists, shall report the details thereof to the Service. |
| (4) | Details relating to the procedures and methods for reporting under paragraph (3) shall be prescribed by Prime Ministerial Decree. |
| Article 45 (Procedures for claiming divided pension) |
| (1) | A person who intends to file a claim for a divided pension under Article 45(3) of the Act (including cases of filing a claim for division of a lump-sum retirement pension, etc. under Article 49 of the Act) or who intends to file a prior claim for a divided pension under Article 48(1) of the Act shall submit to the Service, together with a claim for a divided pension, etc., the following documents; provided, a person who was in a de facto marital relationship shall submit documents substantiating such fact, together with the claim for a divided pension, etc., to the Service: |
| 1. | One copy of a certificate of family relations; |
| 2. | One copy of a certificate of marriage relations; |
| 3. | One copy each of a resident registration transcript and a resident registration abstract. |
| (2) | A divided pension under Article 45(1) of the Act shall be paid from the month following the month in which the ground for payment arises falls to the month in which the ground for payment ceases to exist. |
| (3) | A person who intends to revoke a prior claim for a divided pension under Article 48(3) of the Act shall submit to the Service an application for revocation of a prior claim for a divided pension, together with a copy of an identification card, such as a resident registration card. |
| Article 46 (Designation and public notice of invested or funded institutions subject to suspension of payment of whole amount of pension) |
| (1) | Determination of whether an institution is one wholly invested in or funded by the State or a local government under Article 50(1)3 through 5 of the Act shall be based on the average investment or funding ratio of the State or a local government for the most recent 3 years, calculated on the basis of the financial statements as of the settlement of accounts. |
| (2) | In determining whether an institution is wholly invested in or funded by the State or a local government under Article 50(1)3 through 5 of the Act, where an institution that is wholly invested in or funded by the State or a local government has wholly invested in or funded another institution, such investment or funding shall be deemed to be wholly made by the State or the local government. |
| (3) | To identify whether an institution falls under any of Article 50(1)3 through 5 of the Act, the Minister of Personnel Management may request the head of a central administrative agency, the head of a local government, or the head of the relevant invested or funded institution to submit relevant materials. |
| (4) | The head of an institution or the head of a local government who receives a request to submit materials under paragraph (3) shall comply with such request unless there is a compelling reason not to do so. |
| (5) | The Minister of Personnel Management shall designate institutions falling under Article 50(1)3 through 5 of the Act and give public notice of such fact in the Official Gazette by January 25 of each year. |
| Article 47 (Suspension of payment of retirement pension, early retirement pension, or disability pension for reasons other than official duties) |
| (1) | If a recipient of a retirement pension, early retirement pension, or non-duty-related disability pension (hereafter in this Article referred to as "recipient of a retirement pension, etc.") is appointed to or retires from office as a public official, a member of the armed forces, or a private school teacher or staff member subject to the application of the Act, the Military Pension Act, or the Pension for Private School Teachers and Staff Act, he or she shall, within 10 days from the date thereof, submit a report on reappointment or re-retirement to the Service, after obtaining confirmation thereon from the head of an agency dealing with pensions or the head of the institution to which he or she belongs. |
| (2) | The monthly income amount under the former part, with the exception of the subparagraphs, of Article 50(3) of the Act shall be calculated by dividing the amount of income accrued from January 1 to December 31 (amounts of less than 10,000 won shall not be included) by the number of months during which the income accrues. <Amended on Mar. 16, 2021> |
| (3) | If, under the former part, with the exception of the subparagraphs, of Article 50(3) of the Act, the monthly income for the pertinent year exceeds the monthly average pension amount of the preceding year, the payment of a retirement pension, early retirement pension, or non-duty-related disability pension (hereafter in this Article referred to as "retirement pension, etc.") shall be partially suspended; provided, the initial amount to be suspended shall be calculated by applying the monthly average pension amount of the preceding year, and settled after the final return on the tax base is filed under paragraph (5). |
| (4) | The Service shall suspend the payment of retirement pension, etc. for the pertinent year based on materials provided by State agencies, etc. under Article 93(3) of the Act; provided, if it is not possible to verify the income of a recipient of retirement pension, etc. with the materials provided by State agencies, etc., the payment of retirement pension, etc. shall be suspended based on the income of the preceding year or the year immediately preceding the preceding year. |
| (5) | If the payment of retirement pension, etc. is suspended under Article 50 of the Act, the Service shall determine the amount of pension payment to be suspended for the pertinent year after the final return on the tax base is filed under Article 70 of the Income Tax Act, and shall add or deduct the settlement difference when it pays retirement pension, etc. in the following month and thereafter; provided, if a recipient of retirement pension, etc. requests an adjustment of the amount to be suspended by submitting an application for adjustment, together with objective materials evidencing the income for the pertinent year, the amount to be suspended may be adjusted before the final return on the tax base is filed. <Amended on Mar. 16, 2021> |
| (6) | If it is confirmed that a recipient of retirement pension, etc. has no income other than retirement pension, etc. in the month in which the settlement difference under the main clause of paragraph (5) is deducted, the settlement difference shall be deducted within 20 percent of the relevant monthly pension. |
| (7) | The average standard monthly income of all public officials for the preceding year under the proviso, with the exception of the subparagraphs, of Article 50(1) of the Act shall apply from January through December of the pertinent year, based on the amount calculated in May of the preceding year. |
| Article 48 (Application to change to type of, or timing of payment of, retirement benefits) |
| (1) | If a person who has applied for retirement benefits or retirement survivors' benefits intends to change the type of benefits or change the timing of payment of an early retirement pension, he or she shall submit an application for such change to the Service before the payment of benefits begins or within 30 days from the payment date of the benefits (in the case of benefits in the form of a pension, referring to the date of the first payment). |
| (2) | In cases falling under paragraph (1), any benefits already received shall be returned, together with interest, calculated for the period from the day following the date on which the benefits were received to the date of return, by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year. |
| (3) | If the type of, or the timing of payment of, retirement benefits is changed under paragraph (1), a person who has filed a claim for a divided pension under Article 45 of the Act, a person who has filed a prior claim for a divided pension under Article 48 of the Act, or a person who has filed a claim for division of a lump-sum retirement pension, etc. under Article 49 of the Act shall also be deemed to have filed an application to change the type of, and the timing of payment of, retirement benefits. |
| Article 49 (Payment of retirement benefits to missing persons) |
| (1) | If a person who will become an heir or heiress of a person entitled to retirement benefits (who shall fall under the scope of survivors under Article 3 of the Act; hereafter in this paragraph the same shall apply) intends to receive retirement benefits under Article 52(1) of the Act, he or she shall submit to the Service a claim for retirement benefits, together with the following documents: |
| 1. | A document evidencing that the relevant person will become an heir or heiress; |
| 2. | Where the claim is filed by a representative among those who will become heirs or heiresses in the same order of priority, a document evidencing that the claimant is the representative of such persons; |
| 3. | A document evidencing that the person entitled to retirement benefits has been missing for at least 1 year (referring to a document confirmed by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of the Si/Gun/Gu, or the chief of a police station, and the head of an agency dealing with pensions). |
| (2) | "Interest prescribed by Presidential Decree" in the proviso of Article 52(3) of the Act and the latter part of Article 52(4) of that Act, respectively, refers to interest calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year. |
| (3) | A person who intends to receive an amount equivalent to the difference between the benefits under the latter part of Article 52(4) of the Act shall submit a written claim to the Service. |
| Article 50 (Standard monthly income when transferring retirement benefits relating to corporatization) |
The standard monthly income of a relevant public official as at the time he or she retires from or dies in a public enterprise under Article 53(2) of the Act shall be the standard monthly income converted into the current value as of the year in which he or she retires from or dies in the public enterprise, by consecutively multiplying the standard monthly income as at the time he or she retires as a public official by the figure obtained by adding 1 to the rate of increase in remuneration for public officials.
SECTION 3 Retirement Survivors' Benefits
| Article 51 (Claim for retirement survivors' pension, additional payment for retirement survivors' pension, special additional payment for retirement survivors' pension, lump-sum retirement survivors' pension, or lump-sum retirement survivors' benefit) |
A person who intends to receive a retirement survivors' pension, additional payment for retirement survivors' pension, special additional payment for retirement survivors' pension, lump-sum retirement survivors' pension, or lump-sum retirement survivors' benefit under Article 54, 55, or 58 of the Act shall submit a claim for retirement survivors' benefits to the Service, along with the following documents: | 1. | A document evidencing the fact that the person entitled to a retirement pension or early retirement pension has died and that the claimant is a survivor of the deceased; |
| 2. | Where the application is filed by a representative among survivors in the same order of priority, a document evidencing that the applicant is the representative of the survivors under Article 27; |
| Article 52 (Application for transfer of entitlement to retirement survivors' pension) |
If the whereabouts of a person entitled to a retirement survivors' pension are unknown for at least 1 year, or such entitlement is lost, and a survivor in the same order of priority or the next order of priority intends to receive the retirement survivors' pension under Article 56 or 57(2) of the Act, the relevant survivor shall submit an application for transfer of entitlement to retirement survivors' pension to the Service, along with the following documents: <Amended on Jul. 7, 2025> | 1. | A document evidencing that the applicant is a survivor of the person entitled to a retirement pension or early retirement pension; |
| 2. | Where the application is filed by a representative among survivors in the same order of priority, a document evidencing that the applicant is the representative of the survivors under Article 27; |
| 3. | Documents classified according to the following items: |
| a. | A document evidencing that the whereabouts of the person entitled to the retirement survivors' pension have been unknown for at least 1 year: A document confirmed by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of the Si/Gun/Gu, or the chief of a police station; |
| b. | A document evidencing the loss of the entitlement: Documents classified according to the following items: |
1) If the person dies or remarries, if his or her kinship with the deceased person who was a public official is terminated, or if a child or grandchild who does not have a disability becomes 19 years of age: A certificate on the recorded matters of family relations or a certified copy of resident registration;
2) If a child or grandchild 19 years of age or older who had been in a disability status is no longer in such status: A document proving the degree of disability, such as a registration certificate for a person with a disability under Article 32 of the Act on Welfare of Persons with Disabilities, or a document proving that registration as a person with a disability has been revoked under Article 32-3 of that Act.
| Article 53 (Reporting on loss of entitlement to receive retirement survivors' pension) |
If a person entitled to a retirement survivors' pension loses such entitlement under Article 57(1) of the Act, the person falling under any of the following subparagraphs shall report such fact to the Service within 30 days from the date the cause occurs: | 2. | Where the person remarries or where his or her kinship with the deceased person who was a public official is terminated: The person; |
| 3. | Where a child or a grandchild becomes 19 years of age: The person or a person who was his or her legal representative; |
| 4. | Where a child or a grandchild 19 years of age or older who had been in a disability status is no longer in such status: The person or a person who is or was his or her legal representative. |
SECTION 4 Non-Duty-Related Disability Benefits
| Article 54 (Classification of disability grades) |
| Article 55 (Claim for non-duty-related disability benefits) |
A person who intends to receive a non-duty-related disability pension or a non-duty-related disability lump-sum payment under Article 59(1) of the Act shall submit to the Service a claim for non-duty-related disability benefits, along with the following documents: | 1. | A medical certificate of disability for public official pension issued by a medical care institution; |
| 2. | An explanatory statement of the circumstances of disability. |
| Article 56 (Revision of disability grades) |
| (1) | If the degree of disability of a recipient of a non-duty-related disability pension has worsened or improved, he or she shall submit to the Service an application for revision of a disability grade under Article 60 of the Act, along with a medical certificate of disability for public official pension issued by a medical care institution. |
| (3) | The Service shall bear the cost of the diagnosis if it requires a diagnosis under paragraph (2). |
SECTION 5 Retirement Allowance
| Article 57 (Claim for retirement allowance) |
| (1) | A person who intends to receive a retirement allowance under Article 62(1) of the Act shall submit a claim for retirement allowance to the Service. |
| (2) | Notwithstanding paragraph (1), in the following cases, a retirement allowance may be claimed by telephone without submitting a claim form; in such cases, the Service shall conduct verification procedures, such as call recording, to verify the identity of the claimant and confirm that the claim has been filed: <Amended Jul. 7, 2025> |
| 1. | Where the claimant meets the criteria prescribed by the Service and the length of service is short or the amount claimed is small; |
| Article 58 (Retirement allowance) |
| (1) | "Percentage prescribed by Presidential Decree" in the formula provided in Article 62(2) of the Act refers to the percentage classified as follows: |
| 1. | Where the length of service is at least 1 year but less than 5 years: 6.5 percent; |
| 2. | Where the length of service is at least 5 years but less than 10 years: 22.75 percent; |
| 3. | Where the length of service is at least 10 years but less than 15 years: 29.25 percent; |
| 4. | Where the length of service is at least 15 years but less than 20 years: 32.5 percent; |
| 5. | Where the length of service is at least 20 years: 39 percent. |
| (2) | In calculating a retirement allowance under Article 62(2) of the Act, the length of service shall not exceed 33 years. |
SECTION 6 Restrictions on Benefits
| Article 59 (Reduction of benefits due to intention or gross negligence) |
If a person who is or was a public official falls under any subparagraph of Article 63(3) of the Act, a non-duty-related disability pension or a non-duty-related disability lump-sum payment shall be paid after deducting 1/2 of the amount of the benefits. In such cases, benefits in the form of a pension shall begin to apply from the month following the month in which the cause occurs.
| Article 59-2 (Reduction of retirement survivors' benefits due to failure to fulfill child-rearing responsibilities) |
| (1) | If a survivor of a person who is or was a public official intends to apply for a restriction on retirement survivors' benefits against a person who has failed to fulfill his or her child-rearing responsibilities toward such public official under Article 63(4) of the Act (hereafter in this Article referred to as "person subject to deliberation on restriction on benefits"), the survivor shall file an application for restriction on benefits with the Service, together with the following documents: |
| 1. | A document evidencing that the claimant is a person who is or was a public official; |
| 2. | A document evidencing that the claimant is the representative of the survivors, if the claim is filed by the representative among the survivors in the same order of priority; |
| 3. | A document evidencing that the person subject to deliberation on restriction on benefits has failed to fulfill his or her child-rearing responsibilities. |
| (2) | Upon receipt of an application filed under paragraph (1), the Service shall notify the person subject to deliberation on restriction on benefits of such fact, receive documents evidencing the fulfillment of child-rearing responsibilities from him or her, verify and investigate the facts, and send the results, together with the application and attached documents under paragraph (1), to the Minister of Personnel Management. |
| (3) | Upon receipt of the application and other documents under paragraph (2), the Minister of Personnel Management shall decide whether to restrict benefits and the rate of reduction following deliberation by the Public Officials' Accident Compensation Deliberative Committee under Article 6 of the Public Officials' Accident Compensation Act; provided, if the person subject to deliberation on restriction on benefits has received a decision restricting accident benefits for survivors under Article 44(4) of the Public Officials' Accident Compensation Act, the deliberation of the Public Officials' Accident Compensation Deliberative Committee may be omitted. |
| (4) | If the Minister of Personnel Management decides whether to restrict benefits and the rate of reduction under paragraph (3), he or she shall send the written decision to the applicant, the person subject to deliberation on restriction on benefits, and the Service. |
| (5) | Upon receipt of the written decision under paragraph (4), the Service shall calculate and pay benefits to the person subject to deliberation on restriction on benefits accordingly; in such cases, the amount of benefits not paid to such person under paragraph (4) shall be paid according to the following classification: |
| 1. | Where there is a person in the same order of priority as the person subject to deliberation on restriction on benefits: If only 1 such person exists, the entire amount shall be paid to that person, and if there are 2 or more such persons, the amount shall be divided equally among them; |
| 2. | Where there is no person in the same order of priority as the person subject to deliberation on restriction on benefits: |
| a. | Where the entire amount of benefits is not paid: If there is 1 person in the next order of priority, the entire amount shall be paid to such person, and if there are multiple persons in the next order of priority, the amount shall be divided and paid equally; |
| b. | Where part of the benefits is not paid: Unpaid. |
| (6) | When determining the non-fulfillment of child-rearing responsibilities toward a current or previous public official, matters specified in Appendix 5 shall be taken into consideration. |
[This Article Added on Jun. 22, 2021]
| Article 60 (Reduction of benefits due to failure to undergo diagnosis) |
If a person who is or was a public official fails, without good cause, to undergo a diagnosis requested by the Service or the head of an agency dealing with pensions in connection with the payment of benefits within the prescribed deadline under Article 64 of the Act, a non-duty-related disability pension or a non-duty-related disability lump-sum payment shall be paid after deducting 1/2 of the amount of the benefits. In such cases, benefits in the form of a pension shall begin to apply from the month following the month in which the deadline for undergoing the diagnosis falls.
| Article 61 (Reduction of retirement benefits and retirement allowance due to punishment) |
| (1) | If a person who is or was a public official falls under any subparagraph of Article 65(1) of the Act, retirement benefits and retirement allowances shall be paid after being reduced in accordance with the following classifications; in such cases, a retirement pension or early retirement pension shall not be reduced until the month in which the date on which the ground for reduction occurs falls. |
| a. | Retirement benefits for a person whose length of service is less than 5 years: 1/4; |
| b. | Retirement benefits for a person whose length of service is at least 5 years: 1/2; |
| c. | Retirement allowances: 1/2; |
| a. | Retirement benefits for a person whose length of service is less than 5 years: 1/8; |
| b. | Retirement benefits for a person whose length of service is at least 5 years: 1/4; |
| c. | Retirement allowances: 1/4. |
| (2) | The interest to be paid additionally to the amount reduced under Article 65(2) of the Act shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year; and the interest for the period from the month following the month in which the date on which the partially reduced retirement benefits or retirement allowances are paid falls until the month in which the date on which the reason for the reduction of the amount ceases to exist falls shall be included in the reduced amount on an annual basis, and the amount of interest thereafter shall be calculated based on such amount. |
| (3) | A person who intends to receive an amount reduced under Article 65(2) of the Act shall submit to the Service a claim for reduced retirement benefits or a claim for reduced retirement allowances, along with documents classified as follows: |
| 1. | In cases falling under Article 65(1)1 of the Act: A copy of a final and conclusive court judgment or a certificate of final criminal judgment; |
| 2. | In cases falling under Article 65(1)2 or 3 of the Act: A copy of a judgment or a copy of a resolution where a disposition of removal from office or dismissal due to impeachment or disciplinary action has been rendered invalid, revoked, or modified by a judgment or decision of a court, etc.; |
| 3. | Any other materials evidencing that the grounds for reduction of benefits have ceased to exist retroactively. |
If, under Article 65(3) of the Act, an investigation is under way or a criminal trial is pending against a person who is or was a public official for a criminal act punishable by imprisonment without labor or a heavier punishment for a reason arising during the length of service (excluding cases arising from negligence not related to his or her duties and cases arising from negligence committed in the course of complying with a lawful official order of his or her superior), 3/4 of the amount of a lump-sum retirement benefit shall be paid first to a person whose length of service is less than 5 years, and 1/2 of the amount of retirement allowances and a lump-sum retirement pension, a lump-sum retirement pension after deductions, or a lump-sum retirement benefit shall be paid first to a person whose length of service is at least 5 years. <Amended on Dec. 29, 2020> | 1. | Deleted; <Dec. 29, 2020> |
| 2. | Deleted; <Dec. 29, 2020> |
| 3. | Deleted. <Dec. 29, 2020> |
| (5) | The amount remaining after the preferential payment under paragraph (4) shall be paid when a person who is or was a public official whose payment has been suspended under Article 65(3) of the Act falls under any of the following; provided, in cases falling under subparagraph 1, if an investigation procedure for the relevant case is under way again after a decision of non-referral or non-prosecution has been made, or if a criminal trial is pending because a prosecution has been instituted for the relevant case, the remaining amount shall not be paid: <Added on Dec. 29, 2020> |
| 1. | When he or she is subject to a non-referral or non-prosecution; |
| 2. | When he or she is not sentenced to imprisonment without labor or a heavier punishment; |
| 3. | When a court has rendered a judgment suspending the sentence of imprisonment without labor or a heavier punishment and the period of such suspension has expired. |
| (6) | The interest to be added to the remaining amount under the latter part of Article 65(3) of the Act shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year; the interest for the period from the month following the month in which part of the retirement benefits or retirement allowances is paid until the month in which the ground for payment of the remaining amount occurs shall be added to the remaining amount on an annual basis, and interest thereafter shall be calculated on the basis of the remaining amount. <Amended on Dec. 29, 2020> |
| (7) | A person who intends to receive the remaining amount under the main clause of paragraph (5) shall submit to the Service a claim for the remaining retirement benefits or remaining retirement allowances, along with documents classified as follows: <Amended on Jul. 14, 2020; Dec. 29, 2020> |
| 1. | In cases falling under paragraph (5)1: A decision of non-referral issued by the head of the competent police agency, or a decision of non-prosecution issued by the Director-General of the Corruption Investigation Office for High-ranking Officials or the head of the competent public prosecutor's office; |
| 2. | In cases falling under paragraph (5)2 or 3: A certificate of final criminal judgment issued by the Director-General of the Corruption Investigation Office for High-ranking Officials or the head of the competent public prosecutor's office. |
| (8) | Even if the length of service before reappointment of a person whose retirement benefits have been reduced under paragraph (1) is added to the length of service after reappointment under Article 25(2) of the Act, the retirement benefits attributable to the length of service before reappointment shall be paid after being reduced in the same manner as before such addition. <Added on Mar. 16, 2021> |
| (9) | If the head of an agency dealing with pensions becomes aware that a person who is or was a public official under his or her jurisdiction falls under Article 65 of the Act, he or she shall, without delay, notify the Service of such fact. <Amended on Dec. 29, 2020; Mar. 16, 2021> |
CHAPTER V SHARING OF COSTS
| Article 62 (Basis for calculating expenses incurred in providing benefits) |
Expenses incurred in providing benefits shall be calculated taking into account the retirement rate of public officials, the rate of increase in remuneration, the rate of increase in authorized personnel, the rate of increase in medical service fees, and all other factors affecting the calculation of such expenses.
| Article 63 (Payment of member contributions and amount to be returned) |
| (1) | When a person obligated to collect member contributions collects or receives member contributions, an amount to be returned, an amount to be recovered, etc., he or she shall, within 3 days, deposit them with a post office or financial institution entrusted with receipt operations by the Service under Article 23 of the Act and Article 16 of this Decree (hereafter referred to as a “collecting agency”). |
| (2) | A collecting agency that has received member contributions, an amount to be returned, an amount to be recovered, etc. under paragraph (1) shall issue a receipt and a notice of deposit to the agency that made the payment. |
| Article 64 (Collection of member contributions from persons reemployed after retirement) |
| (1) | If a person is reappointed as a public official on the date of retirement or the following day, his or her member contributions shall be collected by the person obligated to collect member contributions in the former agency to which he or she belonged. |
| (2) | If a public official is transferred to another agency and does not receive remuneration for the month in which the date of transfer falls from the former agency, the agency to which he or she is transferred shall collect the member contributions. |
| Article 65 (Payment of member contributions by persons taking leave of absence for military service) |
| (1) | If a public official does not receive remuneration due to a leave of absence taken for military service or for other reasons, he or she shall not pay member contributions during the period of leave of absence, and the person obligated to collect member contributions shall separately collect, from the month following the month in which remuneration is paid as the reason for leave of absence ceases to exist, member contributions in the same amount as those for the relevant months during the period of leave of absence (hereinafter referred to as “retroactive member contributions”); provided, if he or she so desires, the public official may pay member contributions for the relevant period on a monthly basis even during the period of leave of absence. |
| (2) | In cases falling under the main clause of paragraph (1), if the relevant public official intends to pay the retroactive member contributions in a lump sum, he or she may calculate the remaining retroactive member contributions on the basis of the member contributions for the month in which he or she intends to pay them in a lump sum. |
| (3) | If a public official returns to the Service the amount of benefits (including a retirement allowance) received at the time of discharge after being subject to the Military Pension Act during the period of leave of absence taken for military service, he or she shall return such amount together with interest under Article 22(1) and (2). In such cases, if such amount is not returned by the time of retirement, it may be deducted from retirement benefits, etc., together with interest under Article 22(1) and (2) accrued until the retirement date. |
| Article 66 (Return of overpaid member contributions) |
If overpaid or underpaid member contributions are returned or collected, interest calculated by applying, for the period during which they were overpaid or underpaid (calculated on a daily basis), the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year shall be added; provided, no interest shall be added if the amount of member contributions for the month in which they were overpaid or underpaid is the same as that for the month in which the overpaid or underpaid member contributions are returned or collected.
| Article 67 (State pension contributions and supplementary State contributions) |
| (1) | “Remuneration budget prescribed by Presidential Decree” in the main clause of Article 71(1) of the Act refers to the total budget appropriated for the remuneration and allowances of public officials under statutes, regulations, etc. relating to the remuneration of public officials and for other benefits payable to public officials, and the method of calculation thereof shall be determined by the Minister of Personnel Management. |
| (2) | Under the proviso of Article 71(1) of the Act, the supplementary State contributions to be borne by the State or a local government shall be the amount obtained by subtracting the amount under subparagraph 2 from the amount under subparagraph 1, or the amount obtained by adding the amount under subparagraph 3 to the amount under subparagraph 1: |
| 1. | The amount expected to be insufficient to cover the expenditures for retirement benefits and retirement survivors’ benefits (including all expenses incurred in processing retirement benefits and retirement survivors’ benefits; hereafter in this Article referred to as “total amount of benefits”) out of the benefits under Article 28 of the Act with the member contributions and State pension contributions paid in the relevant year; |
| 2. | The amount by which the total amount of member contributions, State pension contributions, and supplementary State contributions for the year immediately preceding the previous year exceeds the total amount of benefits for that year; |
| 3. | The amount by which the total amount of benefits for the year immediately preceding the previous year falls short of the total amount of member contributions, State pension contributions, and supplementary State contributions for that year. |
| (3) | The supplementary State contributions to be borne by the State or a local government under paragraph (2) shall be borne by each account under its jurisdiction, and the amount thereof shall be calculated by multiplying the ratio obtained by dividing the supplementary State contributions calculated under paragraph (2) by the total remuneration budget for the relevant year (calculated up to the third decimal place; hereafter in this Article referred to as the “supplementary State contribution burden ratio”) by the remuneration budget for the relevant year of each such account; provided, the supplementary State contributions to be borne by the State shall be borne from the general account under the jurisdiction of the Ministry of Personnel Management. |
| (4) | The Service shall notify the State and local governments of the supplementary State contribution burden ratio before the compilation of the budget for each fiscal year so that such ratio may be reflected therein. |
| (5) | The State and a local government shall reflect the pension contributions and supplementary State contributions under paragraphs (1) and (2) (hereinafter referred to as "State pension contributions, etc.") in the budget of each account for appropriating the budget for remuneration and shall pay them to the Service. |
| (6) | The head of an agency that pays State pension contributions, etc. shall submit a remuneration budget to the Service in any of the following cases: |
| 1. | Where the budget for the following year is approved; |
| 2. | Where a supplementary revised budget is compiled and finalized. |
| (7) | If a remuneration budget is changed under paragraph (6)2, the Service shall calculate the increased or decreased amount of State pension contributions, etc. and notify the head of the relevant agency thereof. |
| (8) | The head of an agency who has received a notification under paragraph (7) shall add or subtract the relevant amount when paying the State pension contributions, etc. for the next term; provided, if there is any increase or decrease in the last term of the relevant year, the State pension contributions, etc. shall be paid by the end of that term after adding or subtracting the increased or decreased amount. |
| (9) | The head of the State or a local government shall submit to the Service the statement of settlement of accounts for the relevant expenditure budget after the end of the fiscal year. |
| (10) | The interest to be added under Article 71(7) of the Act shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year, and such interest shall be compounded each fiscal year. |
| Article 68 (State contributions for retirement allowances) |
| (1) | Expenses incurred in paying retirement allowances to be borne by the State or a local government under Article 73(1) of the Act (hereinafter referred to as “State contributions for retirement allowances”) shall be calculated taking into account the factors under Article 62. |
| (2) | The Service shall notify in advance the amount of the State contributions for retirement allowances to be borne by the State or a local government, which is generally calculated by multiplying the remuneration budget of each account by a fixed ratio. |
| (3) | The State and local governments shall reflect the State contributions for retirement allowances under paragraph (2) in the budgets of the respective accounts in which remuneration budgets are appropriated and shall pay them to the Service. |
| (4) | The interest to be added under the proviso of Article 73(2) of the Act shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year, and such interest shall be compounded each fiscal year. |
| Article 69 (Payment of State pension contributions) |
The State or a local government shall, when paying State pension contributions, supplementary State contributions, and State contributions for retirement allowances to the Service, deposit them with a collecting agency.
| Article 70 (Collection of State pension contributions from grants-in-aids) |
| (1) | If the Service intends to directly collect State pension contributions, etc. or State contributions for retirement allowances of a local government from grants-in-aid or other grants provided by the State to the local government under Article 71(4) of the Act (including cases applied mutatis mutandis in the main clause of Article 73(2) of the Act), it shall notify the head of the central government agency that administers the grants-in-aid or other grants (referring to a central government agency under Article 6(2) of the National Finance Act; hereinafter the same shall apply), clearly stating the name of the relevant local government and the amount to be collected. |
| (2) | The head of a central government agency who has received a notice under paragraph (1) shall pay the relevant amount to the Service unless there is a compelling reason not to do so. |
| (3) | Upon receipt of State pension contributions, etc. or State contributions for retirement allowances under paragraph (2), the Service shall issue a certificate of payment of State pension contributions, etc. or a certificate of payment of State contributions for retirement allowances to the head of the relevant local government, and the head of the local government who has received such certificate shall process the matter by deeming that the relevant budget has been executed. |
| Article 71 (Transfer of pension amounts) |
| (1) | If a recipient of a veterans’ pension, a retirement pension, or an early retirement pension under the Military Pension Act or the Pension for Private School Teachers and Staff Act is appointed as a public official and, under Article 26 of the Act, is allowed to aggregate the length of service or period of service under the relevant Pension Act, and thereafter retires or dies, the Service shall, without delay, request the Minister of National Defense or the Korea Teachers Pension under the Pension for Private School Teachers and Staff Act (hereafter referred to as the “Korea Teachers Pension”) to transfer an amount equivalent to the amount of benefits under the former part of Article 74 of the Act. |
| (3) | The Minister of National Defense or the Korea Teachers Pension shall transfer the amount under paragraph (1) to the Service as follows: |
| 1. | A veterans’ pension, a retirement pension, an early retirement pension, a survivors’ pension, or a retirement survivors’ pension: The amount shall be transferred semiannually, with the portion for the first half-year transferred by March 31 and the portion for the second half-year transferred by September 30; |
| 2. | Benefits under Article 33 of the Act, a lump-sum payment received in lieu of a pension under Article 36 of the Act, and additional payments for retirement survivors’ pension and special additional payments for retirement survivors’ pension under Article 54 of the Act: The portion payable for the period from September of the previous year to February of the relevant year shall be transferred by March 31 of the relevant year, and the portion payable for the period from March to August of the relevant year shall be transferred by September 30 of the relevant year. |
| (4) | While receiving semiannual transfers from the Minister of National Defense or the Korea Teachers Pension under Article 74 of the Act and paragraph (3)1 of this Article, the Service shall, at least once a year, investigate whether there is any ground for the extinguishment of, or reduction in, the entitlement to a veterans’ pension, a retirement pension, an early retirement pension, a survivors’ pension, or a retirement survivors’ pension under the Military Pension Act or the Pension for Private School Teachers and Staff Act, or any other ground affecting such transfer, and shall notify the Minister of National Defense or the Korea Teachers Pension of the results thereof. |
| (5) | If the Minister of National Defense or the Korea Teachers Pension fails to transfer the relevant benefits to the Service within the period specified in paragraph (3), the Service shall require the payment thereof together with interest calculated by applying, for the delayed period, the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year, and such interest shall be compounded each fiscal year. |
| Article 72 (State contributions for student loans) |
| (1) | The amount of State contributions for student loans to be borne by the State or a local government under Article 75 of the Act shall be as follows: |
| 1. | Loans: An amount determined by the Minister of Personnel Management, in consultation with relevant agencies, taking into account the previous year’s loan performance of the State and each local government and the rate of increase in the number of students and the rate of increase in tuition for the relevant year; |
| 2. | Expenses incurred in operating student loans: An amount calculated by the Service in proportion to the amounts of loans attributable to each contributing agency. |
| (2) | When the Minister of Personnel Management determines the amounts under paragraph (1), he or she shall notify the relevant State agencies and local governments of the amounts of the State contributions, and the head of an agency who has received such notification shall reflect them in the budget of the relevant agency and shall pay them to the Service. |
| (3) | If the Service temporarily borrows funds from the Public Officials Pension Fund under Article 75(3) of the Act, the interest on such temporary loan shall be calculated by applying, for the borrowing period, the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year. |
| (4) | If the State or a local government fails to settle any overpaid or underpaid State contributions for student loans under the latter part of Article 75(2) of the Act by the payment deadline for the following term (including where the full amount is not paid to the Service by January 31 of the following fiscal year), such amount under the latter part of Article 75(2) shall be treated as the principal, and settlement shall be made by adding interest calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year; such interest shall be compounded each fiscal year. |
| (5) | The Service shall extend student loans to public officials themselves and their children from the State contributions for student loans paid by the State or a local government, in preference to loans from the Public Officials Pension Fund. |
| (6) | Student loans shall be repaid in installments over 4 years after a 2-year grace period, beginning after graduation of the public official who received the loan or his or her child (where the child graduates from a 2-year college and transfers to a 4-year university or college, referring to after graduation from the 4-year university or college), and the person obligated to collect member contributions shall collect the amount from remuneration each month and pay it to the Service; provided, the grace period and the repayment period in cases falling under any of the following subparagraphs shall be as determined by the Minister of Personnel Management: <Amended on Jul. 7, 2025> |
| 1. | Where the child of a public official who received a loan withdraws from school before completion; |
| 2. | Where the school from which the child of a public official who received a loan graduated is a 2-year college; |
| 3. | Where a public official who received a loan retires; |
| 4. | Where the repayment periods of student loans for 2 or more children overlap. |
| (7) | Matters necessary for the persons eligible to receive student loans, the amount of, and timing for receiving, a student loan, reimbursement procedures, etc. shall be determined by the Minister of Personnel Management in consultation with the relevant agencies. |
CHAPTER VI PUBLIC OFFICIALS PENSION FUND
| Article 73 (Revenue and expenditure of the Public Officials Pension Fund) |
The revenue and expenditure of the Public Officials Pension Fund (hereinafter referred to as the "Fund") shall be the amounts of each item classified as follows:
| b. | Transfers from the Fund; |
| c. | Surplus from settlement of accounts other than revenue and expenditure; |
| d. | Repayment of principal; |
| f. | Income from the operation of the Fund under Article 77 of the Act; |
| b. | Repayment of loans and interest thereon; |
| Article 74 (Fund growth projects and welfare programs for public officials) |
| (1) | "Fund growth projects or welfare programs for public officials prescribed by Presidential Decree" in Article 77(2)6 of the Act refers to the following: <Amended on Aug. 26, 2025> |
| 1. | Fund growth projects as follows: |
| a. | Projects to acquire, dispose of, or hold real estate, or to increase the value or utilization of real estate held; |
| d. | Other projects expected to generate a rate of return not lower than the average of the interest rates of 1-year time deposits applied by nationwide banks; |
| 2. | The following welfare programs for public officials: |
| a. | Construction, acquisition, sale, or leasing of housing for public officials; |
| d. | Operation of hospitals, recreational facilities, nursing facilities, and training facilities for the welfare of public officials; funeral service-related business; shops; and other welfare-related business; |
| e. | Programs to support counseling and education for retirement planning of public officials and support for social participation activities for social contribution. |
| (2) | If necessary for the implementation of the fund growth projects and welfare programs specified in Article 77(2)5 of the Act and paragraph (1) of this Article, the Service may borrow funds on a temporary basis from the State, local governments, financial companies, etc. |
| (3) | If the Service intends to borrow funds under paragraph (2), it shall obtain approval in advance from the Minister of Personnel Management by submitting a written document clearly stating the purpose, amount, terms and conditions, and method of repayment of the funds. |
| (4) | If funds available for the payment of retirement benefits are insufficient due to an unforeseen increase in the amount of retirement benefits, the Service may borrow funds on a temporary basis from financial companies, etc. to cover the shortfall. |
| Article 75 (Lending funds for installation and operation of welfare facilities) |
| (1) | If the State or a local government intends to carry out a business falling under Article 74(1)2d, the Service may lend the funds required therefor from the Fund. |
| (2) | Any business carried out with funds lent from the Fund under paragraph (1) shall be managed and operated in accordance with the manner determined by the Service after obtaining approval from the Minister of Personnel Management. |
| Article 76 (Organization of the Public Officials Pension Management Committee) |
Members of the Public Officials Pension Management Committee under Article 79(1) of the Act (hereinafter referred to as the "Management Committee") shall be appointed or commissioned by the Minister of Personnel Management from among the following persons: <Amended on Dec. 30, 2025> | 1. | One public official from among members of the Senior Executive Service in the Ministry of Education, the Ministry of National Defense, the Ministry of Planning and Budget, or the Ministry of Personnel Management who is in charge of duties relating to the public officials pension and related welfare or accident compensation; |
| 2. | Not more than 4 public officials belonging to public officials' organizations; |
| 3. | Not more than 2 recipients of a retirement pension; |
| 5. | Not more than 6 persons with extensive knowledge of, and experience in, public officials pensions (including 1 standing director responsible for financial management from among the standing directors of the Service). |
| Article 77 (Term of office of members of the Management Committee) |
| (1) | The term of office of members of the Management Committee under Article 76 shall be as follows: |
| 1. | Members falling under subparagraph 1 of Article 76: The period during which they hold the relevant position; |
| 2. | Members falling under subparagraphs 2 through 5 of Article 76 (excluding members falling under subparagraph 3 of this paragraph): 2 years; in such cases, they may be reappointed; |
| 3. | Members who are standing directors of the Service among those falling under subparagraph 5 of Article 76: The period during which they hold the relevant position. |
| (2) | If a member of the Management Committee falls under any of the following cases, the Minister of Personnel Management may remove or dismiss him of her from office: |
| 1. | Where the member becomes unable to perform his or her duties due to a mental or physical disability; |
| 2. | Where the member engages in misconduct in connection with his or her duties; |
| 3. | Where the member is deemed unsuitable as a member of the Management Committee due to the neglect of duties, loss of dignity, or any other reason; |
| 4. | Where the member voluntarily admits that it is difficult for him or her to perform the duties. |
| Article 78 (Duties of chairperson of the Management Committee) |
| (1) | The chairperson shall represent the Management Committee and exercise general supervision over its affairs. |
| (2) | When the chairperson is unable to perform his or her duties due to any unavoidable cause, a member designated by the chairperson shall act on behalf of the chairperson. |
| Article 79 (Meetings of the Management Committee) |
| (1) | The chairperson shall convene and preside over meetings of the Management Committee. |
| (2) | Any resolution of a meeting of the Management Committee shall require the attendance of a majority of all incumbent members and the concurring vote of a majority of those present. |
| Article 80 (Executive secretary and clerks) |
| (1) | To handle the general affairs of the Management Committee, the Management Committee shall have 1 chief secretary, 1 executive secretary, and several clerks. |
| (2) | The chief secretary, the executive secretary, and the clerks shall be appointed by the Minister of Personnel Management from among public officials of the Ministry of Personnel Management. |
| Article 81 (Allowances for members of the Management Committee) |
Members who attend a meeting of the Management Committee may be paid allowances and travel expenses within the budget; provided, this shall not apply to a public official who attends the meeting in direct relation to his or her official duties.
| Article 82 (Reporting on fund operation) |
| (1) | The Service shall report a trial balance of the Fund for each quarter to the Minister of Personnel Management by the 15th day of the month following the end of each quarter. |
| (2) | The Service shall reflect the results of the closing of accounts for each fiscal year, prepared on an accrual basis, in the following documents relating to the closing of accounts and report them to the Minister of Personnel Management by the end of February of the following year: <Amended on Mar. 16, 2021> |
| 1. | A statement of financial position and a statement of profit or loss of the pertinent year; |
| 2. | A statement of surplus and a statement of appropriation of surplus for the pertinent year; |
| 3. | Other notes to the financial statements; |
| 4. | A statement of revenue and expenditure. |
| Article 83 (Disclosure of Fund operation) |
The Minister of Personnel Management shall, under Article 81 of the Act, disclose the closing of accounts of the Fund each year in the Official Gazette within 3 months after the end of each fiscal year.
| Article 84 (Interest rate for operation of the Fund) |
| (1) | If the Fund is operated by any of the following methods, it shall be operated at an interest rate not less than the average interest rate applied to 1-year time deposits by nationwide banks: |
| 1. | Depositing funds with a financial company; |
| 2. | Depositing funds in each government account; |
| 3. | Purchasing Government bonds and public or corporate bonds; |
| 4. | Earning installment interest arising from installment sales. |
| (2) | The interest rates for the operation of the Fund for welfare programs shall be as follows: <Amended on Mar. 16, 2021> |
| 1. | Interest rates on various loans and installment sales: An interest rate determined by the Minister of Personnel Management, taking into account banks’ household lending rates, etc. compiled by the Bank of Korea under Article 86 of the Bank of Korea Act; |
| 2. | Rental rate for real estate: Not less than 2 percent of the value of the relevant property; |
| 3. | Student loans under Article 75 of the Act and lending funds for the installation and operation of welfare facilities under Article 75 of this Decree: Interest-free. |
CHAPTER VII WELFARE OF PUBLIC OFFICIALS
| Article 85 (Formulation and implementation of master plan for welfare of public officials) |
| (1) | The Minister of Personnel Management shall, in accordance with Article 83(2) of the Act, formulate and implement a master plan for the welfare of public officials (hereinafter referred to as the “master plan”) every 5 years. |
| (2) | The master plan shall include the following: |
| 1. | The basic objectives and policy directions of welfare policies for public officials; |
| 2. | Research on systems relating to the welfare of public officials; |
| 3. | The installation and operation of welfare facilities for public officials; |
| 4. | Support for health management of public officials; |
| 5. | Support for cultural and athletic activities of public officials; |
| 6. | Support for retirement preparation of public officials; |
| 7. | The procurement and use of financial resources for welfare programs for public officials; |
| 8. | Other matters necessary to promote the welfare of public officials. |
| (3) | The Minister of Personnel Management shall, in accordance with the master plan, formulate and implement an annual implementation plan (hereinafter referred to as the “implementation plan”) by January 31 of each year. |
| (4) | The Minister of Personnel Management may conduct a survey on the status of welfare of public officials in order to efficiently formulate and implement the master plan and the implementation plan. |
| (5) | The Minister of Personnel Management shall notify the heads of central administrative agencies of the master plan and the implementation plan formulated under paragraphs (1) and (3). |
| (6) | The head of a central administrative agency shall, in accordance with the master plan and the implementation plan, formulate a welfare execution plan (hereinafter referred to as the “execution plan”) by the end of February of each year in order to improve the welfare of public officials under his or her jurisdiction and shall submit it to the Minister of Personnel Management. |
| (7) | The Minister of Personnel Management may establish and operate an advisory group composed of relevant experts and stakeholders, etc., in order to conduct professional review of matters relating to the welfare of public officials and to gather the opinions of stakeholders, etc. |
| (8) | Matters necessary for the formulation and implementation of the master plan, the implementation plan, etc., and for the establishment, operation, etc. of the advisory group shall be determined by the Minister of Personnel Management. |
| Article 86 (Formulation of business plan for welfare programs for public officials) |
| (1) | The Service shall, in accordance with the master plan and the implementation plan, formulate a business plan for welfare programs for public officials (hereafter in this Article referred to as the “business plan”) by the end of February of each year and shall submit it to the Minister of Personnel Management. |
| (2) | The business plan shall include the following: |
| 1. | Support for work-family balance of public officials, including childbirth and child-rearing; |
| 2. | Support for livelihood stability, including the sale and rental of housing for public officials; |
| 3. | Support for health management of public officials, including medical examinations; |
| 4. | Support for social adjustment and retirement preparation of public officials expected to retire; |
| 5. | Other welfare programs for public officials implemented by the Service or matters deemed necessary by the Minister of Personnel Management. |
| Article 87 (Composition of the Committee for the Promotion of Retired Public Officials’ Social Contribution) |
| (1) | The Committee for the Promotion of Retired Public Officials’ Social Contribution under Article 84(2) of the Act (hereafter in this Chapter referred to as the "Committee") shall deliberate on the following: |
| 1. | The formulation and implementation of policies and programs relating to social contribution activities of retired public officials; |
| 2. | Inter-ministerial cooperation and administrative and financial support relating to social contribution activities of retired public officials; |
| 3. | Other matters that the Minister of Personnel Management determines to be necessary in relation to social contribution activities of retired public officials. |
| (2) | The Committee shall be comprised of not more than 15 members, including 1 chairperson. |
| (3) | The Committee shall be composed of the following members, and the Minister of Personnel Management shall serve as the chairperson: <Amended on Dec. 30, 2025> |
| 1. | Public officials designated by the head of the relevant agency from among members of the Senior Executive Service in the Ministry of the Interior and Safety, the Ministry of Planning and Budget, the Ministry of Personnel Management, or the Office for Government Policy Coordination; |
| 2. | Not more than 10 persons commissioned by the Minister of Personnel Management from among persons with extensive knowledge of, and experience in, relevant fields, such as public administration, social welfare, economics, employment, and safety. |
| (4) | The members under paragraph (3)2 shall hold office for a term of 1 year and may be reappointed not more than 2 consecutive terms. |
| Article 88 (Operation of the Committee) |
| (1) | The chairperson shall convene and preside over meetings of the Committee. |
| (2) | A majority of the members of the Committee shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present. |
| (3) | To handle the administrative affairs of the Committee, the Committee shall have 1 executive secretary, who shall be appointed by the Minister of Personnel Management from among public officials of the Ministry of Personnel Management. |
| (4) | A working committee may be established in the Committee to support the operation of the Committee, such as conducting prior review of agenda items to be deliberated on by the Committee. |
| (5) | Allowances and travel expenses may be paid, within the budget, to members, experts, etc. who attend meetings of the Committee or the working committee; provided, this shall not apply where a public official attends in direct relation to his or her official duties. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the operation of the Committee shall be determined by the Minister of Personnel Management. |
| Article 89 (Request for provision of data to support social contribution activities of retired public officials) |
"Data prescribed by Presidential Decree" in the former part of Article 84(3) of the Act refers to the following data: | 1. | Operational plans for policies and programs relating to social contribution activities of retired public officials; |
| 2. | Performance results and evaluation outcomes of policies and programs relating to social contribution activities of retired public officials; |
| 3. | Other data necessary to support social contribution activities of retired public officials. |
| Article 90 (Support for expenses for social contribution activities of retired public official) |
| (1) | The Minister of Personnel Management may, within the budget, provide all or part of the necessary expenses to persons who have participated in policies or programs relating to social contribution activities of retired public officials. |
| (2) | The heads of relevant ministries or institutions that implement policies or programs relating to social contribution activities of retired public officials may, if necessary, provide administrative and financial support to persons who have participated in such policies or programs. |
| Article 91 (Welfare programs for retired public officials) |
| (1) | "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" in Article 85 of the Act means the following programs: |
| 1. | Establishment and operation of a mutual aid association for retired public officials; |
| 2. | Lending funds and leasing office space to a mutual aid association for retired public officials; |
| 3. | Fund management programs conducted in accordance with the entrustment, etc. of the management of cash assets by a mutual aid association for retired public officials and by retired public officials; |
| 4. | Programs to operate hospitals, sports facilities, recreational facilities, nursing facilities, shops, and other welfare facilities, etc.; |
| 5. | Social contribution activities of retired public officials and support therefor; |
| 6. | Other programs that the Minister of Personnel Management deems necessary for the welfare of retired public officials. |
| (2) | The interest rate for lending funds and the rental rate for leasing office space to a mutual aid association for retired public officials under paragraph (1)2 shall be as follows: |
| 1. | Interest rate on loan funds: Not less than 3 percent per year; in such cases, matters necessary for the specific interest rate, repayment period, collateral, etc. of the loan funds shall be determined by the Minister of Personnel Management; |
| 2. | Rental rate for office space: Not less than 2 percent of the property value; provided, it may be provided free of charge if the Minister of Personnel Management deems such provision necessary for the smooth operation of the mutual aid association for retired public officials. |
| (3) | If the management of the cash assets of a mutual aid association for retired public officials and retired public officials under paragraph (1)3 is entrusted to the Service under Article 86 of the Act, the procedures, methods of management, and other necessary matters shall be determined by the Service with the approval of the Minister of Personnel Management. |
| (4) | Article 75 shall apply mutatis mutandis to the lending of funds for the programs under paragraph (1)4. |
CHAPTER VIII REQUEST FOR EXAMINATION
| Article 92 (Procedures for requesting examination) |
| (1) | A person who intends to request the Public Officials’ Accident Compensation Pension Committee under Article 52 of the Public Officials’ Accident Compensation Act (hereinafter referred to as the “Public Officials’ Accident Compensation Pension Committee”) to conduct an examination under Article 87(1) of the Act shall submit to the Service a written request for examination, with a statement of reasons attached thereto, within the period specified in Article 87(2) of the Act. |
| (2) | If the Service receives a written request for examination under paragraph (1), it shall send a written reply, with other necessary materials attached thereto, to the Public Officials’ Accident Compensation Pension Committee within 10 days. |
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 93 (Commencement date of prescription period) |
| (1) | If a person who has requested an examination by the Public Officials’ Accident Compensation Pension Committee under Article 87(1) of the Act receives a decision granting such request or prevails in litigation he or she has filed in connection therewith, the prescription period under Article 88 of the Act for the entitlement to the relevant benefits shall commence on the date the decision granting such request or the judgment becomes final and conclusive. |
| (2) | If the payment of part of the amount of benefits is suspended under Article 61(4), the prescription period under Article 88(1) of the Act for the entitlement to the suspended benefits shall commence from the time when any of the subparagraphs of Article 61(5) applies. <Amended on Dec. 29, 2020> |
| Article 94 (Request for provision of data and methods thereof) |
| (1) | "Institutions, corporations, and organizations prescribed by Presidential Decree" in the former part of Article 93(3) of the Act refers to the institutions, corporations, and organizations specified in Appendix 3. |
| (2) | "Data prescribed by Presidential Decree" in the former part of Article 93(3) of the Act refers to the data specified in Appendix 4. |
| (3) | If the data under Article 93(3) of the Act is stored in computerized recording media such as diskettes, magnetic tapes, microfilms, optical discs, or by means of computer programs, the head of an institution, corporation, or organization that has received a request for provision of data under Article 93(3) of the Act may provide the data in the form in which it is stored. |
| Article 95 (Fact-finding survey, including collection of data) |
The Service may request the head of an agency dealing with pensions to conduct a fact-finding survey, including the collection of data, for long-term assessment of pension finance and for improvement of the pension system.
| Article 96 (Processing of sensitive information and personally identifiable information) |
If it is unavoidable to conduct the following business affairs under the Act or this Decree, the head of an agency dealing with pensions, the Service (including institutions entrusted with the affairs of the Service under Article 23 of the Act or Article 16 of this Decree), and the Minister of Personnel Management may process data containing information on health under Article 23 of the Personal Information Protection Act, information constituting criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of that Act, and data containing resident registration numbers, passport numbers, driver's license numbers, or alien registration numbers under Article 19 of that Decree, which are included in documents and data submitted under the Act or this Decree: <Amended on Jul. 7, 2025> | 1. | Business of the Service under Article 17 of the Act; |
| 2. | Calculation of the length of service under Article 25 of the Act; |
| 3. | Business affairs relating to the confirmation of grounds for benefits and determination and payment of benefits under Article 29 of the Act; |
| 4. | Payment of benefits where there is no survivor under Article 33 of the Act; |
| 5. | Payment of benefits where a person emigrates to a foreign country or loses his or her Korean nationality under Article 36 of the Act; |
| 6. | Recovery of benefits under Article 37 of the Act; |
| 7. | Payment after deduction of unpaid amounts under Article 38 of the Act; |
| 8. | Adjustments among benefits under Articles 40 and 41 of the Act; |
| 9. | Exercise of the right to claim damages against a third party under Article 42 of the Act; |
| 10. | Determination and payment of a divided pension, etc. under Articles 45, 48, and 49 of the Act; |
| 11. | Suspension of the payment of a pension under Article 50 of the Act; |
| 12. | Retirement benefits for missing persons under Articles 52 and 56 of the Act; |
| 13. | Linkage of retirement benefits relating to corporatization under Article 53 of the Act; |
| 14. | Loss and transfer of the entitlement to retirement survivors' pension under Article 57 of the Act; |
| 15. | Revision, etc. of disability grades for non-duty-related disability pensions under Article 60 of the Act; |
| 16. | Restrictions on benefits under Articles 63 through 65 of the Act; |
| 17. | Collection of member contributions, State contributions, or other expenses under Article 67, 71, 73 or 75 of the Act; |
| 18. | Transfer of pension amounts under Article 74 of the Act; |
| 19. | Welfare of public officials under Articles 83 through 85 of the Act; |
| 20. | Request for examination under Article 87 of the Act; |
| 21. | Request, etc. of the Service to submit data under Article 93 of the Act. |
Forms necessary for the enforcement of the Act and this Decree shall be determined by the Service in consultation with the Minister of Personnel Management.
ADDENDA <Presidential Decree No. 29181, Sep. 18, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on September 21, 2018.
Article 2 (Applicability to number of installment payments of amount to be returned)
Notwithstanding the former part of Article 12 and Article 14 of the Addenda, the amended provisions of Article 21(2) shall begin to apply to persons who are recognized as eligible for aggregation of the length of service after this Decree enters into force. Article 3 (Applicability to confirmation of grounds for benefits)
Notwithstanding Article 14 of the Addenda, the amended provisions of Article 24 shall also apply to cases where, as at the time this Decree enters into force, a request for confirmation of grounds for benefits and for deliberation on benefits, etc. has been filed and the procedures are in progress. Article 4 (Applicability to claim for settlement of pensions for reasons of emigration or loss of nationality)
Notwithstanding Article 14 of the Addenda, the amended provisions of Articles 32, 51, and 56 shall also apply to cases where, as at the time this Decree enters into force, a claim or application for settlement of pensions, etc. for reasons of emigration or loss of nationality has been filed and the procedures are in progress. Article 5 (Applicability to change to type of, or timing of payment of, divided pension)
Notwithstanding Article 14 of the Addenda, the amended provisions of Article 48(3) shall begin to apply to applications to change the type of, or timing of payment of, a retirement pension, etc. are filed after this Decree enters into force. Article 6 (Applicability to procedures for requesting examination)
Notwithstanding Article 14 of the Addenda, the amended provisions of Article 92 shall also apply where, as at the time this Decree enters into force, a request for examination has been filed and the relevant procedures are in progress. Article 7 (Special cases concerning formulation and implementation of master plans or implementation plans)
| (1) | Notwithstanding the amended provisions of Article 85(1), the first master plan formulated after this Decree enters into force shall be formulated and implemented by March 31, 2019. |
| (2) | Notwithstanding the amended provisions of Article 85(3), the first implementation plan formulated after this Decree enters into force shall be formulated and implemented by April 30, 2019. |
| (3) | Notwithstanding the amended provisions of Article 85(6), the first execution plan formulated after this Decree enters into force shall be submitted to the Minister of Personnel Management by May 31, 2019. |
| (4) | Notwithstanding the amended provisions of Article 86(1), the first business plan formulated after this Decree enters into force shall be submitted to the Minister of Personnel Management by May 31, 2019. |
Article 8 (Transitional measures concerning criteria for recognizing support)
| (1) | Notwithstanding the amended provisions of Article 3(1), Article 3(1) of the previous Enforcement Decree of the Public Officials Pension Act (referring to the Enforcement Decree before being wholly amended by Presidential Decree No. 29181, excluding Article 23 of the Addenda) shall apply to the criteria for recognizing support provided before this Decree enters into force. In such cases, the amended provisions of Appendix 1 to the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 20501) shall begin to apply to determinations made after Presidential Decree No. 20501 enters into force of a person entitled to a survivors' pension due to the death of a person who is or was a public official, or of a new person entitled to survivors' benefits due to the death, etc. of a survivor who has previously been receiving survivors' benefits. |
| (2) | Notwithstanding the former part of paragraph (1), if a ground for benefits arose before January 20, 2003, the date on which the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17891) entered into force, the previous provisions before being amended by that Decree shall apply. |
Article 9 (Transitional measures concerning determination of standard monthly income)
| (2) | Notwithstanding the former part of paragraph (1), if a public official retires or dies within 1 year after being promoted, demoted, transferred, reassigned, or reappointed (referring to cases where a retired public official, a member of the Armed Forces, or a private school teacher or staff member has been appointed as a public official and has been allowed aggregation of his or her period of service under Article 23(2) of that Act; hereafter in this Article the same shall apply) before December 31, 2000 under Article 8 of the Addenda to the Public Officials Pension Act (Act No. 6328), the amount of his or her monthly remuneration before such promotion, demotion, transfer, reassignment, or reappointment shall be the amount obtained by multiplying his or her monthly remuneration by a number obtained by adding 1 to the average rate of increase in remuneration of public officials under the amended provisions of Article 3-4 of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101). |
| (3) | Notwithstanding the former part of paragraph (1), if it is impossible to calculate the standard monthly income under the amended provisions of Articles 3-3 through 3-5 of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21947) due to new employment or reinstatement, leave of absence, etc. after January 2, 2008, the amount equivalent to the average amount of standard monthly income of public officials whose type, grade, rank, and step are the same as or similar to those of public officials as of the date immediately preceding the enforcement date of that Decree shall be the standard monthly income. |
Article 10 (Transitional measures concerning conversion of standard monthly income into current value)
| (3) | In cases falling under paragraph (1), the amended provisions of Article 3-8(2) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506) shall also apply to persons for whom the grounds for payment of a retirement pension, early retirement pension, or survivors' pension (excluding cases where a person who was a public official dies while receiving a retirement pension or early retirement pension and his or her survivor becomes entitled to a survivors' pension; hereafter in paragraph (4) referred to as "retirement pension, etc.") have arisen due to retirement or death during the period from January 1, 2010 to before May 1, 2013 (including persons who retired or died during the relevant period and are receiving benefits). |
| (4) | Among persons falling under paragraph (3), if the average standard monthly income is calculated in accordance with the amended provisions of Article 3-8(2) of the partially amended Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506) with respect to persons who were already receiving benefits as of May 1, 2013, the difference obtained by subtracting the retirement pension, etc. already paid from the retirement pension, etc. that could have been received before May 1, 2013 shall be aggregated and paid when the retirement pension, etc. are first paid after May 1, 2013. |
| (6) | Notwithstanding paragraph (1), the monthly remuneration or average monthly remuneration under Article 7(5)1 of the Addenda to the partially amended Public Officials Pension Act (Act No. 9905), converted into present value as at the time to which the date on which the grounds for benefits have arisen belongs, shall be calculated as follows: |
(The monthly remuneration or average monthly remuneration as of the day immediately preceding January 1, 2010) × [(the average standard monthly income of all public officials in the month to which the date on which the grounds for benefits have arisen belongs) ÷ (the average of the average standard monthly income of all public officials for taxable income for 2008 and for 2009)]
| (7) | Notwithstanding paragraph (1), if a person appointed as a public official after January 1, 2010, the date on which the partially amended Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21974) enters into force, aggregates the length of service or period of service before that Decree enters into force (hereinafter referred to as the “previous period”), the monthly remuneration or average monthly remuneration for the relevant period under Article 7(5)1 of the Addenda to the Public Officials Pension Act (Act No. 9905) shall be calculated as follows: <Amended on Mar. 16, 2021; Oct. 1, 2025> |
[The amount of monthly remuneration or the average amount of monthly remuneration as at the time of retirement converted into the current value as at the time of appointment as a public official, taking into account the percentage of increase in remuneration for public officials] x [(The average amount of standard monthly income of all public officials in the month in which a reason for providing benefits has arisen) ÷ (The average amount of standard monthly income of all public officials as at the time of appointment as a public official)]
| (8) | Notwithstanding paragraphs (1), (6), and (7), if the monthly remuneration or average monthly remuneration calculated under paragraph (6) or (7) is less than the amount obtained by converting the monthly remuneration or average monthly remuneration as of the day immediately preceding January 1, 2010 (in cases falling under paragraph (7), referring to the time of the previous retirement) into present value as of the date on which the grounds for benefits have arisen, reflecting the rate of increase in remuneration for public officials, the larger of the 2 amounts shall be construed as the monthly remuneration or average monthly remuneration for the previous period. |
| (9) | If the monthly remuneration or average monthly remuneration for the previous period is converted into present value as at the time to which the date on which the grounds for benefits have arisen belongs under paragraphs (6) and (7), and if the grounds for long-term benefits have arisen before the standard monthly income for the relevant year based on income for the preceding year is determined and applied (referring to January through April of the relevant year), the amount obtained by reflecting the rate of increase in remuneration for public officials for the relevant year in the amount calculated under paragraphs (6) and (7) shall be the amount under paragraphs (6) and (7). |
| (10) | Notwithstanding paragraph (1), the rate to be applied to the standard monthly income for calculating the amount of benefits under Article 3 of the Addenda to the partially amended Public Officials Pension Act (Act No. 9905) (limited to benefits in the form of a pension and including an aggregate retirement pension under the Act on Aggregation of National Pension and Occupational Pensions) shall be as follows; provided, if a person retires after serving more than 33 years, the rate applicable to 33 years of service shall apply. | <The rate to be applied to the amount of standard monthly income by each length of service (Unit: %)> | Previous
period
Period thereafter | At least 32 years
| At least 31 years
-
less than 32 years | At least 30 years
-
less than 31 years | At least 29 years
-
less than 30 years | At least 28 years
-
less than 29 years | At least 27 years
-
less than 28 years | At least 26 years
-
less than 27 years | At least 25 years
-
less than 26 years | At least 24 years
-
less than25 years | At least 23 years
-
less than 24 years | At least 22 years
-
less than 23 years | At least 21 years
-
less than 22 years | At least 20 years
-
less than 21 years | At least 19 years
-
less than 20 years | At least 18 years
-
less than 19 years | At least 17 years
-
less than 18 years | At least 16 years
-
less than 17 years | At least 15 years
-
less than 16 years | At least 14 years
-
less than 15 years | At least 13 years
-
less than 14 years | At least 12 years
-
less than 13 years | At least 11 years
-
less than 12 years | At least 10 years
-
less than 11 years | At least 9 years
-
less than 10 years | At least 8 years
-
less than 9 years | At least 7 years
-
less than 8 years | At least 6 years
-
less than 7 years | At least 5 years
-
less than 6 years | At least 4 years
-
less than 5 years | At least 3 years
-
less than 4 years | At least 2 years
-
less than 3 years | At least 1 year
-
less than 2 years | At least 1 month
-
less than 1 year | Newly appointed public officials | ~
Not exceeding 1 year | 67.46 | 67.46 | 67.46 | 67.46 | 67.46 | 67.46 | 67.46 | 67.46 | 67.46 | 67.46 | 67.46 | 67.46 | 67.46 | 84.33 | 84.33 | 84.33 | 84.33 | 84.33 | 84.33 | 84.33 | 84.33 | 84.33 | 84.33 | 83.69 | 83.04 | 81.90 | 81.76 | 81.11 | 80.47 | 79.83 | 79.18 | 78.54 | 77.90 | 77.25 | Exceeding 1 year
~
Not exceeding 2 years | | 67.94 | 67.94 | 67.94 | 67.94 | 67.94 | 67.94 | 67.94 | 67.94 | 67.94 | 67.94 | 67.94 | 67.94 | 76.43 | 84.92 | 84.92 | 84.92 | 84.92 | 84.92 | 84.92 | 84.92 | 84.92 | 84.92 | 84.53 | 83.88 | 82.72 | 82.58 | 81.93 | 81.28 | 80.63 | 79.98 | 79.33 | 78.68 | 78.03 | Exceeding 2 years
~
Not exceeding 3 years | | | 68.42 | 68.42 | 68.42 | 68.42 | 68.42 | 68.42 | 68.42 | 68.42 | 68.42 | 68.42 | 68.42 | 74.12 | 79.82 | 85.53 | 85.53 | 85.53 | 85.53 | 85.53 | 85.53 | 85.53 | 85.53 | 84.87 | 84.22 | 83.06 | 82.92 | 82.26 | 81.61 | 80.96 | 80.31 | 79.66 | 79.00 | 78.35 | Exceeding 3 years
~
Not exceeding 4 years | | | | 68.91 | 68.91 | 68.91 | 68.91 | 68.91 | 68.91 | 68.91 | 68.91 | 68.91 | 68.91 | 73.22 | 77.52 | 81.83 | 86.14 | 86.14 | 86.14 | 86.14 | 86.14 | 86.14 | 86.14 | 85.48 | 84.82 | 83.65 | 83.51 | 82.85 | 82.20 | 81.54 | 80.88 | 80.22 | 79.57 | 78.91 | Exceeding 4 years
~
Not exceeding 5 years | | | | | 69.48 | 69.48 | 69.48 | 69.48 | 69.48 | 69.48 | 69.48 | 69.48 | 69.48 | 72.95 | 76.43 | 79.90 | 83.37 | 86.85 | 86.85 | 86.85 | 86.85 | 86.85 | 86.85 | 86.18 | 85.52 | 84.34 | 84.20 | 83.54 | 82.87 | 82.21 | 81.55 | 80.89 | 80.22 | 79.56 | Exceeding 5 years
~
Not exceeding 6 years | | | | | | 69.91 | 69.91 | 69.91 | 69.91 | 69.91 | 69.91 | 69.91 | 69.91 | 72.82 | 75.74 | 78.65 | 81.56 | 84.47 | 87.39 | 87.39 | 87.39 | 87.39 | 87.39 | 86.72 | 86.05 | 84.87 | 84.72 | 84.05 | 83.39 | 82.72 | 82.06 | 81.39 | 80.72 | 80.06 | Exceeding 6 years
~
Not exceeding 7 years | | | | | | | 70.49 | 70.49 | 70.49 | 70.49 | 70.49 | 70.49 | 70.49 | 73.01 | 75.53 | 78.05 | 80.57 | 83.08 | 85.60 | 88.12 | 88.12 | 88.12 | 88.12 | 87.45 | 86.77 | 85.58 | 85.43 | 84.76 | 84.09 | 83.41 | 82.74 | 82.07 | 81.40 | 80.72 | Exceeding 7 years
~
Not exceeding 8 years | | | | | | | | 71.01 | 71.01 | 71.01 | 71.01 | 71.01 | 71.01 | 73.23 | 75.45 | 77.67 | 79.89 | 82.11 | 84.33 | 86.55 | 88.77 | 88.77 | 88.77 | 88.09 | 87.41 | 86.21 | 86.06 | 85.38 | 84.70 | 84.03 | 83.35 | 82.67 | 82.00 | 81.32 | Exceeding 8 years
~
Not exceeding 9 years | | | | | | | | | 71.39 | 71.39 | 71.39 | 71.39 | 71.39 | 73.37 | 75.36 | 77.34 | 79.32 | 81.30 | 83.29 | 85.27 | 87.25 | 89.24 | 89.24 | 88.56 | 87.88 | 86.66 | 86.51 | 85.83 | 85.15 | 84.47 | 83.79 | 83.11 | 82.43 | 81.75 | Exceeding 9 years
~
Not exceeding 10 years | | | | | | | | | | 72.00 | 72.00 | 72.00 | 72.00 | 73.80 | 75.60 | 77.40 | 79.20 | 81.00 | 82.80 | 84.60 | 86.40 | 88.20 | 90.00 | 89.31 | 88.63 | 87.40 | 87.25 | 86.57 | 85.88 | 85.19 | 84.51 | 83.82 | 83.13 | 82.45 | Exceeding 10 years
~
Not exceeding 11 years | | | | | | | | | | | 72.39 | 72.39 | 72.39 | 74.03 | 75.68 | 77.32 | 78.97 | 80.61 | 82.26 | 83.90 | 85.55 | 87.19 | 88.84 | 89.79 | 89.10 | 87.87 | 87.72 | 87.03 | 86.34 | 85.65 | 84.96 | 84.27 | 83.58 | 82.89 | Exceeding 11 years
~
Not exceeding 12 years | | | | | | | | | | | | 73.09 | 73.09 | 74.61 | 76.14 | 77.66 | 79.18 | 80.70 | 82.23 | 83.75 | 85.27 | 86.80 | 88.32 | 89.16 | 89.97 | 88.73 | 88.58 | 87.88 | 87.18 | 86.49 | 85.79 | 85.09 | 84.40 | 83.70 | Exceeding 12 years
~
Not exceeding 13 years | | | | | | | | | | | | | 73.89 | 75.31 | 76.73 | 78.15 | 79.58 | 81.00 | 82.42 | 83.84 | 85.26 | 86.68 | 88.10 | 88.84 | 89.56 | 89.70 | 89.55 | 88.84 | 88.14 | 87.43 | 86.73 | 86.02 | 85.32 | 84.62 | Exceeding 13 years
~
Not exceeding 14 years | | | | | | | | | | | | | | 76.13 | 77.46 | 78.80 | 80.14 | 81.47 | 82.81 | 84.14 | 85.48 | 86.81 | 88.15 | 88.80 | 89.43 | 89.50 | 90.64 | 89.93 | 89.21 | 88.50 | 87.79 | 87.07 | 86.36 | 85.65 | Exceeding 14 years
~
Not exceeding 15 years | | | | | | | | | | | | | | | 78.24 | 79.50 | 80.76 | 82.03 | 83.29 | 84.55 | 85.81 | 87.07 | 88.34 | 88.91 | 89.47 | 89.46 | 90.53 | 91.04 | 90.31 | 89.59 | 88.87 | 88.15 | 87.43 | 86.70 | Exceeding 15 years
~
Not exceeding 16 years | | | | | | | | | | | | | | | | 80.35 | 81.55 | 82.75 | 83.95 | 85.14 | 86.34 | 87.54 | 88.74 | 89.26 | 89.75 | 89.68 | 90.68 | 91.13 | 91.55 | 90.82 | 90.08 | 89.35 | 88.62 | 87.89 | Exceeding 16 years
~
Not exceeding 17 years | | | | | | | | | | | | | | | | | 82.29 | 83.44 | 84.58 | 85.72 | 86.87 | 88.01 | 89.15 | 89.61 | 90.04 | 89.91 | 90.86 | 91.25 | 91.62 | 91.97 | 91.22 | 90.48 | 89.74 | 89.00 | Exceeding 17 years
~
Not exceeding 18 years | | | | | | | | | | | | | | | | | | 84.29 | 85.38 | 86.47 | 87.57 | 88.66 | 89.76 | 90.16 | 90.54 | 90.36 | 91.26 | 91.60 | 91.92 | 92.22 | 92.50 | 91.75 | 91.00 | 90.25 | Exceeding 18 years
~
Not exceeding 19 years | | | | | | | | | | | | | | | | | | | 86.14 | 87.19 | 88.24 | 89.29 | 90.34 | 90.70 | 91.03 | 90.80 | 91.66 | 91.95 | 92.22 | 92.48 | 92.72 | 92.95 | 92.19 | 91.42 | Exceeding 19 years
~
Not exceeding 20 years | | | | | | | | | | | | | | | | | | | | 87.86 | 88.87 | 89.88 | 90.89 | 91.20 | 91.50 | 91.21 | 92.04 | 92.28 | 92.52 | 92.73 | 92.93 | 93.12 | 93.29 | 92.52 | Exceeding 20 years
~
Not exceeding 21 years | | | | | | | | | | | | | | | | | | | | | 89.67 | 90.64 | 91.62 | 91.89 | 92.14 | 91.82 | 92.60 | 92.81 | 93.01 | 93.19 | 93.35 | 93.50 | 93.63 | 92.86 | Exceeding 21 years
~
Not exceeding 22 years | | | | | | | | | | | | | | | | | | | | | | 91.47 | 92.41 | 92.64 | 92.86 | 92.49 | 93.25 | 93.42 | 93.58 | 93.72 | 93.85 | 93.97 | 94.07 | 93.30 | Exceeding 22 years
~
Not exceeding 23 years | | | | | | | | | | | | | | | | | | | | | | | 93.26 | 93.46 | 93.64 | 93.24 | 93.96 | 94.10 | 94.23 | 94.34 | 94.44 | 94.52 | 94.59 | 93.81 | Exceeding 23 years
~
Not exceeding 24 years | | | | | | | | | | | | | | | | | | | | | | | | 94.46 | 94.61 | 94.16 | 94.8
6 | 94.97 | 95.07 | 95.15 | 95.22 | 95.28 | 95.32 | 94.53 | Exceeding 24 years
~
Not exceeding 25 years | | | | | | | | | | | | | | | | | | | | | | | | | 95.64 | 95.16 | 95.84 | 95.92 | 95.98 | 96.04 | 96.08 | 96.11 | 96.12 | 95.33 | Exceeding 25 years
~
Not exceeding 26 years | | | | | | | | | | | | | | | | | | | | | | | | | | 96.10 | 96.75 | 96.80 | 96.84 | 96.87 | 96.88 | 96.89 | 96.87 | 96.07 | Exceeding 26 years
~
Not exceeding 27 years | | | | | | | | | | | | | | | | | | | | | | | | | | | 97.86 | 97.88 | 97.90 | 97.90 | 97.89 | 97.86 | 97.82 | 97.02 | Exceeding 27 years
~
Not exceeding 28 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | 98.90 | 98.89 | 98.86 | 98.83 | 98.78 | 98.72 | 97.90 | Exceeding 28 years
~
Not exceeding 29 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 100.08 | 100.03 | 99.97 | 99.90 | 99.81 | 98.99 | Exceeding 29 years
~
Not exceeding 30 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 101.12 | 101.04 | 100.94 | 100.84 | 100.00 | Exceeding 30 years
~
Not exceeding 31 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 102.17 | 102.06 | 101.93 | 101.09 | Exceeding 31 years
~
Not exceeding 32 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 103.23 | 103.08 | 102.23 |
Exceeding 32 years | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 104.30 | 103.44 |
|
|
| (12) | Notwithstanding paragraph (1) and the amended provisions of Article 9(1), (2), and (4) of the Addenda to the partially amended Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21974), the previous Enforcement Decree of the Public Officials Pension Act (referring to the Decree before being partially amended by Presidential Decree No. 24506) shall apply to the method of calculating the monthly remuneration or average monthly remuneration of a public official who retired during the period from January 1, 2010 to the day immediately preceding May 1, 2013 and for whom the grounds for benefits have arisen (including a person who aggregated his or her length of service or period of service before January 1, 2010 under Article 23(2) of the partially amended Public Officials Pension Act (Act No. 11690); hereafter in this Article the same shall apply). |
| (13) | Notwithstanding paragraphs (1) and (12), and the latter part of Article 9(1) of the Addenda, where the average amount of monthly remuneration of a public official for whom a ground for long-term benefits (limited to a retirement pension, an early retirement pension, and a survivors' pension) has arisen before determining and applying the standard monthly income for the pertinent year during the period from January 1, 2010 to the date immediately preceding May 1, 2013, which is the enforcement date under the proviso of Article 1 of the Addenda to the partially amended Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506) (referring to January to April of the pertinent year) during the length of service provided before 2010 is converted into the current value as at the time in which the date a reason for benefits has arisen falls, and if, in the formula under Article 9(1) and (2) of the Addenda to the partially amended Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21974), the standard monthly income for the pertinent year under the amended provisions of Article 3-3(2) of the partially amended Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506) is larger than the standard monthly income as of the date a ground for benefits has arisen, the average amount of monthly remuneration shall be converted into the current value as at the time in which the date a ground for benefits has arisen falls by applying the amount of standard monthly income for the pertinent year under the amended provisions of Article 3-3(2) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506) to the formula. |
| (14) | Long-term benefits calculated under paragraphs (12) and (13) shall be paid beginning with the first pension payment date that falls after May 1, 2013, the enforcement date under the proviso of Article 1 of the Addenda to the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 24506). |
Article 11 (Transitional measures concerning periods of service recognized as length of service)
Article 12 (Transitional measures concerning payment method of amount to be returned)
Article 13 (Transitional measures concerning application of interest rate in calculating amount to be returned)
| (2) | Notwithstanding the former part of paragraph (1), if a person who, as of January 23, 1988, which is the enforcement date of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 12380), was permitted to aggregate his or her length of service under Article 24(2) of the Public Officials Pension Act (Act No. 3964), had such aggregation revoked due to arrears in payment of the amount to be returned under the previous Enforcement Decree of the Public Officials Pension Act (referring to the Decree before being partially amended by Presidential Decree No. 12380), and is again permitted to aggregate his or her length of service and bears late-payment interest, he or she shall, with respect to the amount to be returned payable after January 23, 1988, pay an amount equivalent to the amount that should have been returned at the time of arrears; and with respect to the period of arrears before revocation (if such period exceeds 6 months, it shall be deemed to be 6 months), he or she shall pay the amount determined by recalculating the amount by adding late-payment interest thereto in accordance with the proviso of Article 19(1) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 12380). |
Article 14 (General transitional measures concerning occurrence of grounds for benefits)
| (2) | Notwithstanding paragraph (1), the provisions in force before being amended by the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 12380) shall apply to benefits for a person for whom the grounds for benefits have arisen before January 23, 1988, the enforcement date of that Decree. |
| (3) | Notwithstanding paragraph (1), the provisions in force before being amended by the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 12822) shall apply to benefits for which the grounds for payment have arisen before September 30, 1989. |
| (4) | Notwithstanding paragraph (1), the provisions in force before being amended by the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101) shall apply to benefits for a person for whom the grounds for benefits have arisen before January 1, 2001, the enforcement date of that Decree. |
Article 15 (Transitional measures concerning recovery of benefits)
| (2) | Notwithstanding the former part of paragraph (1), the provisions in force before being amended by the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101) shall apply to the calculation period of the interest to be added to the amount of benefits subject to a disposition for recovery under Article 31(1) of the Public Officials Pension Act (Act No. 6328) and the late-payment interest to be added to the amount to be recovered, if such disposition was made before January 1, 2001, the enforcement date of that Decree. |
| (4) | Notwithstanding the former part of paragraph (1), the amended provisions of Article 26(4) of the partially amended Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 21974) shall begin to apply to persons approved to make installment payments of an amount to be recovered after that Decree enters into force. |
Article 16 (Transitional measures concerning special cases concerning calculation of retirement benefits)
| (2) | Notwithstanding the former part of paragraph (1), if the amended provisions of Article 43(3) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 13340) apply to a retired member of the Republic of Korea Armed Forces or a retired private school teacher or staff member who was appointed as a public official and is in office as at the time that Decree enters into force, the amount to be returned under Article 24(2) of the Public Officials Pension Act (Act No. 4334) shall be the amount excluding the amount obtained by adding interest to the additional retirement benefits calculated under the provisions in force before being amended by that Decree. |
Article 17 (Transitional measures concerning application to change type of, or timing of payment of, retirement benefits)
Article 18 (Transitional measures concerning calculation of retirement allowance)
| (2) | Notwithstanding paragraph (1), if the retirement allowance payable due to retirement or death to a person who was in office as of October 1, 1991, the enforcement date of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 13340), is less than the amount determined under the following subparagraphs, the amount determined under the following subparagraphs shall be paid as the retirement allowance; in such cases, if the retirement allowance is reduced under Article 55(1) and (2) of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 13340), the amount determined under the following subparagraphs shall be 1/2 thereof: |
| 1. | Where the length of service is at least 5 years but less than 10 years: Lump-sum retirement benefit or lump-sum survivors' benefit x 20 percent; |
| 2. | Where the length of service is at least 10 years but less than 20 years: Lump-sum retirement benefit or lump-sum survivors' benefit x 25 percent; |
| 3. | Where the length of service is at least 20 years: Lump-sum retirement pension or lump-sum survivors' pension x 30 percent. |
| (3) | Notwithstanding paragraph (1), if the retirement allowance payable due to retirement or death to a person who was in office as of October 1, 1991, the enforcement date of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 13340), and who was permitted to aggregate his or her length of service under Article 23(2) of the Public Officials Pension Act (Act No. 4334), is less than the sum of the additional retirement benefits under the provisions in force before being amended by that Decree which were returned at the time of aggregation of the length of service, interest thereon (referring to interest calculated as compound interest at 10 percent per year for each year after payment of the additional retirement benefits), and the retirement allowance corresponding to his or her period of service as a public official, such sum shall be paid as the retirement allowance. |
Article 19 (Transitional measures concerning collection of member contributions for period of leave of absence taken for military service)
| (2) | Notwithstanding paragraph (1), a person who, as of January 1, 1983, the enforcement date of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 10962), was paying member contributions for a period corresponding to 1/2 of the period of leave of absence taken to complete military service under the Military Service Act in accordance with the previous Enforcement Decree of the Public Officials Pension Act (referring to the Decree before being wholly amended by Presidential Decree No. 10962; hereafter in this paragraph the same shall apply) shall pay member contributions in accordance with the previous Enforcement Decree of the Public Officials Pension Act, and shall, from the month following the month in which such payment is completed, pay member contributions for the remaining period of leave of absence taken for military service in an amount equal to the member contribution for the relevant month. |
Article 20 (Transitional measures concerning return of overpaid member contributions)
If overpaid or underpaid member contributions are returned or collected after this Decree enters into force, the previous Enforcement Decree of the Public Officials Pension Act shall apply to the calculation of such member contributions for the period until the day immediately preceding the enforcement date of this Decree, and the amended provisions of Article 66 shall apply to the calculation for the period after this Decree enters into force. Article 21 (Transitional measures concerning payment of member contributions based on monthly remuneration before reduction)
The amended provisions of Article 65-2 of the Enforcement Decree of the Public Officials Pension Act (Presidential Decree No. 17101) shall also apply to a person who, as of January 1, 2001, the enforcement date of that Decree, was paying member contributions based on the grade and step before reduction under Article 66(4) of the previous Public Officials Pension Act (referring to the Act before being partially amended by Act No. 6328); provided, the monthly remuneration for the year in which the enforcement date of that Decree falls, based on the grade and step before reduction, shall be deemed the monthly remuneration before reduction under Article 65-2 of that Decree. Article 22 (Transitional measures concerning forms)
Article 23 (Transitional measures concerning scope of application of previous Addenda)
The previous Addenda established in accordance with amendments to the previous Enforcement Decree of the Public Officials Pension Act shall continue to apply after this Decree enters into force, to the extent not inconsistent with this Decree, except where they have already ceased to have effect before this Decree enters into force. Article 25 (Relationship to other statutes or regulations)
If any other statute or regulation cites the previous Enforcement Decree of the Public Officials Pension Act or any provisions thereof as at the time this Decree enters into force, it shall be deemed to cite this Decree or the relevant provisions of this Decree in lieu of the previous provisions, if the provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 30760, Jun. 9, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on June 11, 2020.
ADDENDA <Presidential Decree No. 30807, Jun. 30, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 30833, Jul. 14, 2020>
This Decree shall enter into force on July 15, 2020.
ADDENDA <Presidential Decree No. 31337, Dec. 29, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2021.
Article 2 (General applicability)
This Decree shall also apply to cases under investigation by a senior judicial police officer as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 31349, Dec. 31, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2021.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31537, Mar. 16, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to documents attached to claims for settlement of pensions)
The amended provisions of Article 32(1) shall begin to apply to claims for settlement of pensions filed after this Decree enters into force. Article 3 (Transitional measures concerning conversion of standard monthly income into present value)
| (1) | Notwithstanding the amended provisions of Article 10(1), the previous provisions shall apply to the conversion into present value of the standard monthly income of a person who was recognized, before this Decree enters into force, as having aggregated his or her length of service or period of service under Article 25(2) of the Act. |
ADDENDA <Presidential Decree No. 31820, Jun. 22, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on June 23, 2021.
Article 2 (Transitional measures concerning criteria for recognizing survivors)
Notwithstanding the amended provisions of Article 3, subparagraph 3 of Article 24, and Article 56, the previous provisions shall apply to the criteria for recognizing survivors, the confirmation of the ground for benefits, and the confirmation of the disability status with respect to persons for whom a ground for survivors' benefits arose before this Decree enters into force. Article 3 (Transitional measures concerning criteria for recognizing support)
Notwithstanding the amended provisions of Appendix 1, the previous provisions shall apply to the criteria for recognizing support with respect to persons for whom a ground for survivors' benefits arose before this Decree enters into force.
ADDENDA <Presidential Decree No. 32529, Mar. 8, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 35636, Jul. 7, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on July 8, 2025; provided, the amended provisions of Article 22(2) and (3) shall enter into force on January 1, 2026. Article 2 (Applicability to repayment of student loans)
The amended provisions of Article 72(6)4 shall also apply to persons who, as at the time this Decree enters into force, are in a grace period for a student loan or are repaying such loan in installments. Article 3 (Transitional measures concerning interest rate applicable to calculation of amounts to be returned)
Notwithstanding the amended provisions of Article 22(2) and (3), the previous provisions shall apply to the interest rate applicable to the calculation of the amount to be returned for a person who was recognized as having aggregated his or her length of service before the enforcement date under the proviso of Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 35716, Aug. 26, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on August 28, 2025.
ADDENDUM <Presidential Decree No. 35811, Oct. 1, 2025>
This Decree shall enter into force on the date of its promulgation; provided, the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but enforcement dates of which have yet to arrive, from among the Presidential Decrees amended under this Decree, shall enter into force on their respective enforcement dates.
ADDENDA <Presidential Decree No. 35948, Dec. 30, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on January 2, 2026; provided, the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but enforcement dates of which have yet to arrive, from among the Presidential Decrees amended under Article 4 of the Addenda, shall enter into force on their respective enforcement dates.