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💴 | If a person receiving a survivor's pension gets married, can he continue to receive the pension?


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If a person receiving a survivor's pension gets married, can I continue to receive the pension?

 
If you write the contents roughly
Therefore, you will not be able to continue to receive the survivor's pension as you would if you were married.
 

First of all, a brief review of the survivor's pension As mentioned at the beginning, the survivor's pension is a member of the national pension and the welfare pension ... → Continue reading

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Common-law marriage

Common-law marriageWhat is (common-law marriage)?婚姻A concept that means facts in general[1].. The concept of "common-law marriage" is used ambiguously, and "common-law marriage" as a method of establishing marriage is "factual marriage".Informal marriageIt is a concept that is opposed to the formal marriage (formal marriage).[1][2],Normal,JapanThen, "common-law marriage" is used as a concept for legal marriage (notified marriage).[1][2].

Therefore, common-law marriage is broadly defined as "Inner edge"ofsynonym-類 義 語Also used as[3][4], When using the concept of "common-law marriage" in the course, especially by independent and intentional choice between the partiesMarriage registrationIt refers to the case of living a communal life without issuing a notification, and is often used as a distinction from the concept of "concubinage" including the case where there is a social factor that makes it impossible to submit a notification.[5][6]..Emphasizing this point, "Selective common-law marriage'[7]Or "Spontaneous common-law'[8]It is also sometimes called.

In addition, as mentioned above, the concept of "common-law marriage" is ambiguous, so avoid using the word "common-law marriage" as a legal concept, and refer to "common-law marriage" for legal marriage.Free union(Union libre) ”some commentators use the concept[9].

In the following, this item describes common-law marriage in the case of living together and living together without filing a marriage registration by voluntary and intentional choice between the parties.

Common-law marriage in Japan

Overview

Common-law marriage is a factual relationship that is considered to be a marriage in terms of social customs. Being a concept[10](Factual marriage as a marriage requirement [2]).

If there is a fact that seems to be a marriage in social customs, a legal system that recognizes it as a legal marriageCommon-law marriageHowever, it is common that a public notice (ceremony, etc.) as approval by society is required for the establishment of a marriage, and pure common-law marriage is1926Soviet-Russian law is said to exist very rarely[1].

The concept of common-law marriage in the classification of marriage formation methods is as above, but in JapanUnder the Civil CodeIn the concept of "common-law marriage", the concept of "common-law marriage" is because there is no organic connection between legal marriage and marriage facts because the notification marriage principle is separated from the customary marriage ritual. It is said that it is used as a concept for registered marriage (legal marriage) including[1][2].

When the concept of common-law marriage is used to distinguish it from the common-law marriage, it generally includes the case where there are social circumstances in which the parties have the intention of marrying but cannot file a notification.[11], When the concept of common-law marriage is used to distinguish it from the common-law marriage, it is used to refer to the case of living a communal life without filing a marriage notification, especially by making a choice based on the independent intention of the parties.[5](Common-law marriage against legal marriage)[2].

As of 2020, legalSame-sex marriageIn Japan, where is not permitted, same-sex couples may be forced into common-law marriage, and in some cases the district court has approved common-law marriage.[12].

ChibaChibaAnd Kanagawa Prefecture横 浜 市Like,LGBTSome local governments have a partnership oath system in which two people of the same sex or the opposite sex, such as those who are married or in common-law marriage, take an oath and the city proves the oath.[13][14].

Reasons and background for choosing common-law marriage

The reason for choosing common-law marriage isFamily name by couplePractice andHome consciousnessResistance to, occupational need, etc.[5]..Some of such common-law couplesSelectiveFamily name by couplesystemThere are also voices requesting the early introduction of[15].

K. YoshizumiAccording to a survey of common-law couples by, the most common reason for women as "the reason why they started living as a couple without filing a marriage report" was "Family name by coupleTo let through ", then"Family register"I'm against the system" "I don't have to deliver it to the country because it's private", while for men "Family register"Opposite the system" was the highest, followed by "Family name by couple"To pass through" "Respect the unmarried way of life of the other party"[16][17].

Handling of common-law marriage

Resident's card description

Because it is not a legal marriageFamily registerThe family register remains the same, and the surname does not change.Basic Resident Registration ActSince it is stipulated that those who are not the head of the household should describe the "relationship with the head of the household", they are described as "living together" or "husband (unreported)" and "wife (unreported)". The current situation is that it is left to each local government.
Resident card OfrelationshipBy making "unreported wife (husband)"Household(A gathering of people who live and live together[18]) Becomes the same, and it becomes possible to clearly distinguish between common-law marriage and cohabitation.

For this reason, you can receive family allowances from your place of employment or become a recipient of life insurance (however, depending on the rules of your place of employment and the rules of the insurance company).In addition, it should be notedSingle assignmentIf the household cannot be the same due to such reasons, such a description cannot be made.
The child is the mother's surname and the family register says "Illegitimate childHowever, the family court decides that the family register of the father can be entered into the family register of the father and the surname of the father can be used.

Treatment on social insurance

pension(National pension,Employee pension) And publicmedical insurance(Health insurance,Seafarers insuranceEtc.), if there is an offer to the effect that it is a common-law marriage, if it meets the requirementsSupport,Survivor pensionIt is supposed to be treated in the same way as legal marriage in the receipt of.

If the following requirements are met, a person is recognized as having a common-law marriage (March 23, 3, 23 No. 0323).

  • There is an agreement between the parties to establish a factual relationship that is considered to be a shared life of a married couple according to social conventions.
  • There is a factual relationship between the parties that is recognized as a couple's communal life according to social conventions.

However, even if the above requirements for accreditation are met, in principle, if the common-law relationship is an unethical common-law relationship, that is, Article 734 of the Civil Code (Close marriage), Article 735 (Prohibition of marriage between lineal relatives) or Article 736 (Prohibition of marriage between adoptive parents and children) This shall not be recognized as a person who is in a de facto marriage relationship.

In addition,bigamyWith regard to common-law marriage, it is natural that the marriage relationship by notification should be prioritized because the establishment of marriage is supposed to have legal effect by notification. Therefore, the marriage relationship by notification is the same. Only when the substance has been completely lost, a person who has a common-law relationship shall be recognized as a person who has a de facto marriage relationship.

Problems in common-law marriage

Common-law marriage is not legally a marriage, so there are various problems.[19][20][21][22][23][24][25].

First, from a family law perspective, if you have children, only oneCustodyCan't have (Joint custodyCan't have[19][20][23][26]Even if you recognize the childFamily registerAs a childChild outside the marriageDescribed as (illegitimate child)[20], To the other party when you dieinheritanceNo right (Bequestin order towillNeed to leave)[19][20][27]Moreover, there is a reduction in the tax amount in the case of inheritance division or bequest to a spouse in legal marriage, but in the case of common-law marriage, especially when the inherited property is large, there is a big economic disadvantage in terms of inheritance tax.[25][28][29], And so on.In addition, gift tax that is not applied to legal marriage may be incurred due to the distribution of property and payment of consolation fees at the time of divorce.[25]..When one of the couples has diminished judgment ability due to dementia etc.成年 後 見Even if you try to start成年 後 見Unable to petition to start (must sign a voluntary guardianship contract before such a situation occurs)[25].

As an inconvenience in daily life, it is difficult to prove a family relationship with a "spouse".Therefore, the family手術 OfsignatureOr refused to explain the medical condition of the hospitalized family[21][30], Claiming insurance claims in the event of an accident is limited to legal relatives and difficult in common-law marriage[25],Life insuranceRecipients andHousing loan Ofjoint guarantorHard to become[19][25][Note 1], It is not possible to order a spouse's family register extract that can be obtained by legal marriage[25], Etc.In addition, when one of the couples is assigned overseas, a spouse visa or permanent residence is often not granted in common-law marriage.[25][32].

Furthermore, compared to the case of legal marriage, there are various economic disadvantages other than the above-mentioned disadvantages such as inheritance.In particular,Final return OfSpousal deductionCan't receive[19][23][25],Medical expenses deductionI can't add up my husband and wife[23][25],infertilityI can't receive the subsidy[21][23][33]And so on. AlsoCredit card,Mileage,Mobile phoneIn some cases, it may be difficult to apply a common-law marriage, such as applying a family member / family discount such as a contract, or applying a family set of overseas travel insurance.[23][25], Family allowances, etc. may not be paid from the place of employment[23]..In addition, even if a marital problem occurs, it is possible if you are married because you are not legally married.Restitution for DamagesMay not be recognized[20], And so on.

As a way to avoid these problems, after marriage instead of common-law marriagemaiden nameThePopular nameIt is possible to use it, but there are various problems in that case as well (""Problems with using the nickname of the maiden nameSee also. ).As another measure, the maiden name of a person who is usually marriedPopular nameSome couples get married again after divorcing, returning to their maiden name, and obtaining a certificate with their maiden name.Divorce and remarriage for this purposePaper divorce remarriageCalled[34]..On the contrary, some couples are usually married and only get married when their child is born.[35]..In these cases, since the remarriage partner is the same person, the 733 days of women stipulated in Article 100 of the Civil CodeRemarriage prohibition period(Waiting period) Does not apply.The divorce period in paper divorce remarriage is a common-law marriage situation.However, in this case, there may be a legal problem in using the certificate obtained during the divorce period during the remarriage.

Due to these issues, selective that allows legal marriage without changing Mr.Family name by coupleThere are discussions calling for institutions and the need for greater legal protection against common-law marriages.[19].

Discussion on legal protection of common-law marriage

Unlike the case of common-law marriage, where there are unavoidable circumstances in which a notification cannot be submitted, the legal protection of common-law marriage, in particular quasi-marriage protection, is permitted without filing a marriage notification by independent and intentional choice between the parties. There is a dispute between theories as to whether or not it should be[36].. (However, it is not limited to common-law marriageInner edgeFor general legal protection for married couples,Inner edge # Effect of inner edgeSee. )

Typically, there are the following conflicts between lifestyle theory and marriage protection theory.[37][38].

Lifestyle theory
Article 13 of the Constitution of Japan(Right to pursue happiness), Individuals are free to choose whether to take the form of marriage or common-law marriage, and the state should guarantee this freedom, which is an economic disadvantage and morality. The theory that if such a problem remains, it is virtually impossible to select such a lifestyle, and it is necessary to secure a living in the same way as a normal common-law marriage.[39]..With respect to this view, if both parties are trying to choose a relationship that is not bound by legal binding, the fact that they live together will result in legal binding as a subject of common-law protection. There is also the idea that it is a problem because it goes against the original intention of[40]..There is also the view that if this logic is thoroughly enforced, it may result in the fact that notification should not be a requirement for legal protection of marriage (de facto marriage should be taken).[41].
Marriage protection theory
The theory that marriage-like effects should not be granted to parties who do not want the legal effects of marriage.Whether or not the legal effect of marriage is desired can be selected at the discretion of the parties, and if the parties do not wish to marry and do not choose to marry, they will enjoy the formal protection of the marriage system. The theory that it is natural that it cannot be done.

Related literature

  • Junichi Watanabe, "Factual Marriage-A New Form of Love," Shueisha, 2011,ISBN 408720619X
  • Chizuko Ueno"The Modern Family in Japan and the End" Iwanami Shoten, March 1994,ISBN 4000027425
  • Takeo Ota, Yoshio Tameike (eds.), "Comparative Legal Study of Common-law Marriage," Yuhikaku Publishing, May 1986,ISBN 464103625X
  • Terue Ohashi "Sociology of Unmarried" Japan Broadcasting Corporation, June 1993,ISBN 4140016663
  • Marriage Association (ed.) "Unmarried Parents and Children Out of Marriage Tomorrow Without Discrimination" Aoki Shoten, May 2004,ISBN 4250204111
  • Fujiko Sakakibara, "Women and Family Registration: Towards the Age of Married Couples," Akashi Shoten, 1992,ISBN 4750304743
  • Ikuko Sugiura "Partnership / Life and System Marriage, Factual Marriage, Same-sex Marriage (Problem Q & A)" Ryokufu Shuppan, January 2007,ISBN 4846107019
  • Family Register and Discrimination against Out-of-Marriage Children (ed.) “Discrimination against Out-of-Marriage Children / Women Beyond“ Home ”,“ Bride ”and“ Gender Role ”” Akashi Shoten, February 2004,ISBN 4750318566
  • Takaaki Nishikawa, Haruko Nishikawa (co-authored) "New Form of Marriage: The Age of Flexible Marriage" ("Takarajimasha Shinsho"), Takarajimasha, February 2001,ISBN 4796621008
  • Shuhei Ninomiya"Modern Issues of Common-law Marriage" Nihon Hyoronsha, March 1990,ISBN 4535578575
  • Shuhei Ninomiya, "Another Choice to Consider Factual Marriage," Nihon Hyoronsha, May 1991,ISBN 4535579423
  • Shuhei Ninomiya, "Common-law Marriage" ("Study of Comprehensive Case Law of Series"), Ichigakusha, February 2002ISBN 4752702991
  • Kyoko Yoshizumi, "Ask Discrimination of Out-of-Marriage Children Who Want to Live Unmarried," Aoki Shoten, February 1992,ISBN 4250920062
  • Kyoko Yoshizumi, "Voice of Non-Legal Married Couples Beyond <Modern Family>" Aoki Shoten, June 1997,ISBN 4250970248
  • Fumiko Takeishi, "A Book That Understands the True Reality of" Common-law Marriage "Talked by <Marriage / Divorce Counselor Administrative Scrivener> with 20 Years of Common-law Marriage" Subarusha, April 2012 Electronic Book
  • A meeting to think about the revision of the Civil Code "Understanding Civil Code Amendment-In Search of Selective Marital Surnames & Elimination of Discrimination against Married Couples" Chaoyangkai, February 2010ISBN 4903059324
  • Japan Federation of Bar Associations "Let's change now! Family Law: Discrimination among Children Outside of Marriage and Considering Surnames by Selective Couple,” Nihon Kayo Publishing, 2011

footnote

注 釈

  1. ^ Regarding life insurance recipients and mortgages, although it depends on the company,Resident cardIt may be possible depending on the conditions, such as describing "wife (unreported)" and "husband (unreported)" in the relationship in[31][27]. However,Single assignmentIf the resident's card cannot be made the same, this method cannot be used.

Source

  1. ^ a b c d e Edited by Michio Aoyama and Toru Arichi, "New Edition Commentary Civil Code <21> Relatives 1" Yuhikaku <Yuhikaku Commental>, December 1989, p. 12
  2. ^ a b c d e Atsushi Omura, "Family Law, 2nd Edition, Revised Edition", Yuhikaku <Yuhikaku Law School>, October 2004, p. 10
  3. ^ Shinmura Izuru, "Kojien 6th Edition", Iwanami Shoten, p. 1223
  4. ^ Takashi Uchida, "Civil Code IV, Revised Relatives and Inheritance," University of Tokyo Press, March 2004, p. 3
  5. ^ a b c Shuhei NinomiyaWritten by "Family Law 2nd Edition" Shinseisha <New Law Library 9>, April 1999, p. 4
  6. ^ Takashi Uchida, "Civil Code IV, Revised Relatives and Inheritance," University of Tokyo Press, March 2004, p. 3
  7. ^ Koji Ono, "Practice Note: Relatives Law / Inheritance Law Complete Edition", Hogaku Shoin, April 2002, p. 4
  8. ^ Nobuyoshi Toshitani, "Modern Family Law," Law Culture Company <NJ Series>, July 1999
  9. ^ Atsushi Omura, "Family Law, 2nd Edition, Revised Edition", Yuhikaku <Yuhikaku Law School>, October 2004, p. 10
  10. ^ Edited by Michio Aoyama and Toru Arichi, "New Edition Commentary Civil Code <21> Relatives 1" Yuhikaku <Yuhikaku Commental>, December 1989, pp. 12-182
  11. ^ Edited by Michio Aoyama and Toru Arichi, "New Edition Commentary Civil Code <21> Relatives 1" Yuhikaku <Yuhikaku Commental>, December 1989, p. 12
  12. ^ "Legal protection for common-law marriages of the same sex Utsunomiya District Court decision”(Japanese). Nikkei newspaper electronic version. 2020/10/24Browse.
  13. ^ Chiba. "What kind of system is the Chiba City Partnership Oath System?”(Japanese). Chiba City: Frequently Asked Questions (FAQ). 2020/10/24Browse.
  14. ^ "Yokohama City Partnership Oath System”(Japanese). www.city.yokohama.lg.jp. 2020/10/24Browse.
  15. ^ A meeting to think about the revision of the Civil Code "Understanding Civil Code Amendment-In Search of Selective Marital Surnames & Elimination of Discrimination against Married Couples" Chaoyangkai, 2010
  16. ^ K. Yoshizumi "Beyond <Modern Family>" (1997)
  17. ^ New trends in marriage behavior, White Paper on National Life, 17, Chapter 1, Supplement XNUMX.
  18. ^ "Explanation of terms --Overview of the 26 National Life Basic Survey (PDF)”. Ministry of Health, Labor and Welfare. 2015/11/5Browse.
  19. ^ a b c d e f “The surname of the couple, isn't it strange?”, Asahi Shimbun Digital, April 2015, 4
  20. ^ a b c d e "What is the impact on children if you choose a married couple's surname? A de facto married couple talks about their surroundings," wotopi, April 2015, 4
  21. ^ a b c "Why can't I become a family? Diverse family shapes hindered by outdated laws", Kumiko Nakatsuka, Kenko Uehara (Author), Asahi Shimbun.
  22. ^ "What happens to selective married couples' surnames" (below) ",Yomiuri Shimbun, August 2008, 3
  23. ^ a b c d e f g "(Tell me! Marriage and law: XNUMX) What is your problem with using your maiden name or getting married?",Asahi Shimbun, August 2015, 11.
  24. ^ "Family and Law (above) The Way to Live in Your Own Name, Married Couples, Common-law Marriage Spreads," Nihon Keizai Shimbun, December 2015, 12, morning edition.
  25. ^ a b c d e f g h i j k Fumiko Takeishi, "A Marriage and Divorce Counselor Administrative Scrivener" with 20 Years of Actual Marriage Tells a Real Book of "Actual Marriage" Subarusha, April 2012
  26. ^ "(My point of view) Family should be expanded to the issue of custody Reiko Koga",Asahi Shimbun, August 2016, 2.
  27. ^ a b "Money" that is different from common-law marriage and legal marriage with a married couple's surname,ZUU online, August 2016, 1
  28. ^ "Reduction of spouse's tax amount", National Tax Agency
  29. ^ "What happens to the inheritance tax if you acquire property as a bequest?", AllAbout, February 2015, 2
  30. ^ "The Wall of Law and Values ​​That Doesn't Fit the Times," AERA, February 2016, 2, p.8-22.
  31. ^ Difference between common-law marriage and disappearing legal marriage?"Wife (Unreported)", Business Journal, March 2014, 3, Increasing Interest in Many Benefits
  32. ^ Prime Minister's speech, placard blocked by mysterious black clothes, Ronza, May 2019, 7.
  33. ^ Infertility treatment Factual marriage subsidy postponement "need to consider parent-child relationship", Mainichi Shimbun, December 2018, 1.
  34. ^ Junichi Watanabe, "Factual Marriage-A New Form of Love," Shueisha, 2011
  35. ^ Parents asked the couple's surname and the true intentions of the child, "No problem. That's it.", Withnews, October 2018, 10
  36. ^ Shuhei Ninomiya, Family Law, 2nd Edition, Shinseisha <New Law Library 9>, April 1999, pp. 4-109
  37. ^ Atsushi Omura, "Family Law, 2nd Edition, Revised Edition", Yuhikaku <Yuhikaku Law School>, October 2004, pp. 10-238
  38. ^ Hisakazu Matsuoka and Kunihiro Nakata, "Learning Commental Civil Code <2> Relatives and Inheritance," Nihon Hyoronsha, September 2009, p.
  39. ^ Shuhei Ninomiya, Family Law 2nd Edition, Shinseisha <New Law Library 9>, April 1999, p. 4
  40. ^ Yoichi Maeda, Atsushi Motoyama, Yukiko Urano, "Civil Law VI Relatives and Inheritance" Yuhikaku <LEGAL QUEST>, October 2010, p. 10
  41. ^ Atsushi Omura, "Family Law, 2nd Edition, Revised Edition", Yuhikaku <Yuhikaku Law School>, October 2004, p. 10

Related item

Survivor pension

Survivor pensionWhat is (Izoku Nenkin)?National Pension Act,Welfare Pension Insurance ActBased on the above, etc., when the insured dies, it is paid to the surviving survivorsJapanese public pensionIs a general term for. This section also deals with lump-sum payments to survivors as specified by the same law.

Bereaved family basic pension

The survivor's basic pension is the date of enforcement of the so-called "new law" (Showa61 years(1986)May 4) It will be paid if the entitlement occurs afterwards (in case of death). Among the survivor pensions before the enforcement date, the maternal and child welfare pension and the quasi-mother and child welfare pension have been switched to the survivor basic pension after the enforcement date.

Payment requirements

Requirements for those who died
  • National pension insuredWho is
  • Those who were insured in the national pension,In JapanAddressHaveThose who are between 60 and 65 years old
    • For any of these,Insurance payment requirementsAs a general rule, when there is an insured period before the month before the death date on the day before the death date, in principle, the sum of the insurance payment period and the insurance exemption period is 3 minutes of the enrollment period. Must be 2 or more. If you are under the age of 65 on the day of death,2026Only if the person died before April 4st, the day before the death date, one year before the month before the death date (for those who were not insured on the death date, If there is no delinquency period (1 year until the month), it will be treated as a person who has satisfied the insurance premium payment requirements.
  • Old age basic pensionPerson who is a recipient of the insurance (limited to those who have combined the insurance payment period and the insurance exemption period for more than 25 years)
  • A person whose sum of the insurance payment period and the insurance exemption period is 25 years or more
    • For those that fall under these categories, there is no requirement for premium payment.
Requirements for recipients

The survivor's basic pension was maintained by the deceased,Have childrenspouseOrChildIt is.

"spouse"[1]About "child" (of person who died corresponding to the following requirementsLegal children onlyAnd does not include de facto children such as spouse's children)Make a livingthing. It is not paid to "spouse without children". The age of the spouse does not matter.

"Child" means the last day of the year 18 (at the time of death of the deceased person)May 3) Or under the age of 20 and having a disability grade 1 or 2 (including children who have become disabled by the end of the 18th year after obtaining the entitlement), andIn fact婚姻Not doingthing. At the time of death of the insured or the insured,FetusWas deemed to have been kept alive by the deceased person, the spouse was deemed to have been living with the fetus, and the future spouse (if the fetus was born) and It is treated that the child is granted the right to receive the bereaved family basic pension.

"Maintaining a livelihood" means that when an insured person (was) was deceased, he/she will have the same livelihood as the insured person and will receive the amount of money (annual income of 850 million yen or more) specified by the Minister of Health, Labor and Welfare.Into the futureIt is admitted that it cannot be obtained (March 23, 3, yearly issue 23 No. 0323). In addition, even if you come to have the income after obtaining the entitlement right, you will not be forfeited.

Civil lawAccording toDisappearanceIf there is, the day when seven years have passed since it was missing is considered to be the death date (Civil Code Article 7), but for the relationship to maintain a livelihood, the missing date is treated as the death date. However, the entitlement will occur on the day when the disappearance is confirmed. AlsoShip,aircraftWhen the life and death is unknown for 3 months due to the accident, it is presumed that he died on the day of the accident, but in this case the entitlement occurs on the day of the accident.

Expansion to father-and-child family

Until March 26, 3, only "wife with child" when husband died, "husband with child" when wife died could not receive the basic survivor pension ( This is because the purpose of establishing a basic survivor's pension is the surviving family left when a working man died (Fatherless familyA) because it was to guarantee the life of). From April 26, 4, the notation of "husband" and "wife" was unified to "spouse", and the range of payment was expanded to "husband with a child" when the wife died. In the original plan, the case where the dead person is the third insured person was exempted, but in the end, even if the dead person was the third insured person, it was covered. If the spouse has died by March 1, 3, it will not be retroactively covered.

Annual amount

The amount of pension is irrespective of the insurance payment period of the deceased personFlat rate.

When paid to a spouse with a child, the basic annual amount (the same amount as the full amount of the old-age basic pension, 29 yen in 779,300), "1 yen x revision rate" for each 2st and 224,700nd child (Rounded up to the nearest 100 yen. FY29 is 224,300 yen), and after the third child, "3 yen x revision rate" (rounded up to the nearest 74,900 yen. 100, 29 yen) is added.

If only one child has one child, only the basic annual amount is paid, and if there are two or more children, the second child is "1 yen x revision rate" (rounded to the nearest 2 yen. (2 yen for the fiscal year), "224,700 yen x revision rate" (rounded off to less than 100 yen, 29 yen for 224,300) per person after the third child, and divide by the total number of children.

If there is a change in the beneficiary,From the next monthThe amount of increase/decrease will be revised. If the spouse has a new child, the increase will be revised. If there are two or more children and one or more of the children falls under any of the following, the reduction will be revised. If all of the children fall under the reduction revision reason, they will be "spouses without children" and the spouse's entitlement will be extinguished.

  • When you die
  • When we got married
  • Of non-spouseAdopted childWhen
  • DivorceWhen the child is no longer a child of
  • When you lose your living with your spouse
  • When the year-end of 18 years is over. However, except when there is a disability grade 1 or 2
  • When the circumstances have stopped for a child with a disability grade of 1st or 2nd grade. However, except when the person is 18 years old by the end of the year
  • When you reach the age of 20

Suspension of payment

The survivor's basic pension for "spouse and child" is about the death of the insured,Labor Standards ActIf the bereaved family is compensated under the provisions of, the payment will be suspended for 6 years from the date of death. If the survivor's (compensation) pension for work accident insurance is paid, the survivor's basic pension will be paid in full and the work accident insurance will make adjustments. Specifically, if only the survivor basic pension is received, the survivor (compensation) pension will be reduced to 88%.

If the whereabouts of "spouse or child" is not clear for more than a year,When the whereabouts disappearSuspension of payment. A spouse or child who has been suspended due to an unknown whereabouts can apply for cancellation of suspension at any time.

The survivor's basic pension for "child" isWhen there is a child's father or mother who makes a livingWill be suspended. Therefore, the basic survivor's pension paid to the "spouse with a child" will be paid to the spouse, including the additional amount for the child. Even if the spouse receives benefits such as other pensions and the entire amount of the basic survivor's pension is suspended, the payment of the basic survivor's pension to the child will be suspended, but the spouse's survivor's survivor's family will be suspended. When the total amount of basic pension is suspended, the child's survivor's basic pension is paid.

In addition to the general pension benefit restrictions,PurposelyThose who have been killed by will not be provided with a basic survivor pension. The survivor's basic pension shall not be paid to those who deliberately died another person who should be the beneficiary before the insured person died. In addition,suicideIf you die by, the payment is not limited (the widow pension, lump-sum death allowance, and the welfare pension for survivors as well).

Widow pension

The widow pension is the number one insured person, if the husband who satisfies the eligibility period for the old-age basic pension dies without receiving the old-age basic pension, the wifeThe month following the month in which the age of 60 is reached(If the wife is already 60 years old or older at the time of her husband's death, the month following the month to which her husband died)The month to which the day reaches the age of 65Will be paid[2].. There are implications for preventing the premium from being thrown away and protecting old widows (if the husband was the first insured for a long time, the wife'sSurvivor's welfare pensionAre unpaid or very low, and are 60 years oldRetirement age(Age) to 65 years old (the age at which the old-age basic pension starts) must be guaranteed).

Payment requirements

As a requirement of the husband who died,

  • National pensionNo. 1 insured (including voluntarily insured, old pension insured,No. 2 insured person, special enrollment insured period not included)) and the insurance premium exemption period (excluding the student payment exception and the grace period for payment of young people), and there is at least 10 years by the month before the month to which the death date belongs.
  • Basic disability pensionHave never been a recipient of (not arbitrated) (Even if you have never actually received a disability basic pension, the widows' pension will not be paid if you have been arbitrated), the disability welfare benefits of the old law are not included in the disability basic pension here.
  • Not receiving the old-age basic pension

As a requirement on the wife's side

  • At the time of the death of the husband, the husband's livelihood was maintained and the marriage period with the husband continued for more than 10 years.
  • Being under 65 (the lower age limit does not matter)
  • Not receiving the old age basic pension paid

Adjustment of annual amount and payment

The amount of the widow pension will be equivalent to three-fourths of the amount calculated by the example of calculating the old-age basic pension amount (the amount related to the first insured period) on the day before the husband's death date. Even if the deceased husband pays the additional insurance premium, the wage pension is not added.

Widows pension due to the death of her husbandDeath allowanceIf both of the above are satisfied, only one of them is paid by the wife's choice. The widows pension and the survivor's welfare pension cannot be combined, but even if the husband's death has already received the basic survivor's pension, the widows pension can be received when the requirements are met.

  • Whether to choose a widow pension or a lump-sum death payment depends on individual circumstances. Generally, the wage pension, which is a pension, receives more payments than the lump-sum death lump-sum payment, but when the wage pension is received for a short period (when the wife died near the age of 65, the husband died). Etc.) and a certain amount of survivor's welfare pension (including the 300-month deemed period and the addition of widows for middle-aged and elderly), and in some cases, the lump-sum death benefit may be advantageous when the old-age basic pension is advanced.

If the husband's death should be compensated for survivors under the Labor Standards Act, the payment will be suspended for 6 years from the date of death. If the surviving (compensation) pension of the workers' compensation insurance is paid, the widows' pension will be paid in full and the workers' compensation insurance will make adjustments. Specifically, the survivor (compensation) pension will be reduced to 88% if only the widows pension is received.

Death allowance

The lump-sum death allowance is applicable when the person who has paid the premium as the first insured for 1 months or more dies without receiving the old-age basic pension or disability basic pension, and the survivor basic pension is not also paid. A lump sum payment will be provided to the bereaved family. This has the implication of preventing the premiums from being discarded.

Payment requirements

As a requirement for those who died,

  • On the day before the death date, the premium for the period of the first insured person (including voluntarily insured persons, specially voluntarily insured persons, and national pension insured persons under the old law) until the month before the month to which the death date belongs The paid period (the insurance premium exemption period is calculated by the number of months corresponding to the remaining amount paid) is 1 months or more
  • Have never received an old-age basic pension or disability basic pension(Including basic survivor's pension arbitrated from maternal and child welfare pension or quasi-mother and child welfare pension)

As a requirement for bereaved families,

  • At the time of death of the deceased person, he was living with himspouse, Children, parents, grandchildren, grandparents, siblings
    • There is no need to ask for a “living relationship,” so it is sufficient if the deceased and the livelihood are the same.
    • The order of priority is this. When there are two or more persons with the same rank, the claim made by that one person shall be deemed to have been made in full for all, and the payment made to that person shall be deemed to have been made to all.
  • There is no survivor who can receive the basic survivor's pensionThing (including the case where the entitlement is extinguished or payment is suspended in the same month)
    • Therefore,There is no possibility that the survivor's basic pension and the death lump sum will be provided together... In addition, if a person who was a fetus on the day of death of the deceased is subsequently born and can receive the survivor's basic pension together with the spouse, the lump-sum death allowance will not be paid.
    • Since the survivor's welfare pension is not included in this, the survivor's welfare pension and the lump-sum death allowance can be provided together.
    • In the case of the father-child family in the basic survivor pension before the 26 revision, the husband is not provided with the basic survivor pension, but if the wife meets the requirements, the husband will be provided with a lump-sum death allowance. Was there.

One-time payment

The following amount will be paid according to the number of months corresponding to the period of payment of insurance premiums for the deceased person.

  • From 36 months to less than 180 months-120,000 yen
  • From 180 months to less than 240 months-145,000 yen
  • From 240 months to less than 300 months-170,000 yen
  • From 300 months to less than 360 months-220,000 yen
  • From 360 months to less than 420 months-270,000 yen
  • 420 months or more-JPY 320,000

If the deceased person has paid the additional insurance premium for 3 years or more, 8,500 yen will be added to the death allowance. Unlike other benefits under the current pension laws,Death allowanceMacro economy slideNot subject to automatic revision byTherefore, unless the law is revised,物 価,wageThe amount of the lump-sum death allowance does not change even if the level of fluctuates significantly.

Survivor's welfare pension

Payment requirements

The insured person or the person who was the insured person will be paid to the bereaved family if the following short-term requirements or long-term requirements are met. After the unification of employee pensions in October 27, in the case of short-term requirements, the executing agency corresponding to the type of insured on the day of death will perform the affairs related to payment, and in the case of long-term requirements, the affairs related to payment will be by type. Each implementing agency will do this.

Short term requirements
  • Employee pensionWhen the insured died (The number of months of the insured person does not matter)
  • A person who was an employee of the Employees' Pension was injured during the insured periodWithin 5 years after the first visitWhen died in
    • In these cases, as in the case of the basic survivor's pension, as a requirement for payment of insurance premiums, there may be two-thirds or more of the national pension enrollment period for the deceased person, which is the sum of the premium payment period and the insurance exemption period. is necessary. The same applies to transitional measures for those under the age of 3 until April 2, 65 (Miner-SailorAs the insured period, unlike the old-age welfare pension, is calculated in the actual period). Normally, the period during which the employee was insured under the welfare annuity is the same as the period during which the premium was paid for the national pension, but there is a possibility that the premium payment requirement may not be met if there is a long unpaid period before employment and after retirement. If the deceased is a senior voluntary insured, the transitional measure is not applicable because the person is already 70 years old or older.
  • When the beneficiary of the 1st or 2nd level disability welfare pension died (3rd level is not applicable).
    • In this case, insurance payment requirements are not required.
Long-term requirements
  • Old-age welfare pensionWhen a person who has satisfied the eligibility period of (there is a period in which the sum of the insurance payment period and the insurance exemption period is 25 years or more) has died (the insurance payment requirement is not required).

Subject

The survivors who receive the survivor's welfare pension are those whose livelihood was maintained by the insured (the person) at the time of death, and the scope and rank are as follows. Subordinates lose their qualifications to be eligible for the Survivor's Welfare Pension when the prior persons acquire the entitlement. “Maintaining a livelihood” is the same as the basic survivor pension. The so-called "transfer" that has been done with mutual aid pensions is no longer done due to the unification of employee pensions.

  1. Spouse and child
    The wife may be a "wife without children" regardless of age and other requirements. However, if the wife does not have the right to receive the basic survivor's pension and the child has the right to receive the basic survivor's pension, the payment will be suspended during that time (the child has been suspended due to an unknown whereabouts). This is not the case).
    About the husband, the wife must be 55 years old or older at the time of death (if the death date is April 8, 4, and if the husband at the time of death was a disability grade 1 or higher, no age requirement is required.[3].. In addition, if the death date is April 19, 4 and the dead person is a recipient of a retirement mutual aid pension, etc. having the former applicable corporation mutual aid member's term, and if the husband at the time of death is a disability grade 1 or higher, Age requirements do not matter). However, the payment is suspended until the husband is 2 years old (this is not the case when the husband is entitled to the basic survivor pension). Also, the period during which the child has the right to receive the survivor's welfare pension will be suspended (unless the child is suspended due to an unknown whereabouts).
    About the child, by the end of the 18-year-old (March 3st), or under the age of 31 with a disability level 20 or 1 and not currently married .. The treatment of the fetus is the same as for the bereaved family basic pension. The payment will be suspended while the wife has the right to receive the survivor's welfare pension.
  2. parents
    Being 55 years of age or older at the time of death of the insured person (the date of death in 81996) Before April 4st, and if the parents at the time of death were at grade 1 or higher in disability, no age requirement was required.[3].. In addition, if the death date is April 19, 4 and the dead person is the recipient of a retirement mutual aid pension, etc. having the former applicable corporation mutual aid cooperative member period, and if the parents at the time of death are grade 1 or higher of disability, Age requirements do not matter). However, the payment will be suspended until the parents are 2 years old.
  3. Grandchild
    By the end of the 18 year old (March 3st), or under the age of 31 with a disability level 20 or 1 and not currently married.
  4. Grandparents
    Being 55 years old or older at the time of death of the insured (if the death date was April 8, 1996, and if the grandparents at the time of death were grade 4 or higher No age requirement[3].. In addition, if the death date is April 19, 4 and the dead person is a recipient of a retirement mutual aid pension, etc. having the former applicable corporation mutual aid member period, and if the grandparents at the time of death are grade 1 or higher in disability, Age requirements do not matter). However, the payment is suspended until the grandparents are 2 years old.

Annual amount

The amount of the survivor's welfare pension is calculated by the following formula.

  • "The annual amount of the proportional portion of the compensation of the insured who died× 3/4+ Addition"

Annual amount proportional to remuneration

The calculation method is the same as the compensation proportion part of the old-age welfare pension. The same applies to the case of the previous amount guarantee. Detail isOld-age pension # Compensation proportionSee.

  • It is included even if the insured period is under 20 years old.
  • When the insured period is less than 300 months (25 years) when receiving the short-term requirements and receiving the benefits,Considered as 300 monthscalculate(Minimum guarantee). The benefit multiplication rate is uniform regardless of the date of birth (there is no increase in the multiplication rate).
  • When the long-term requirement is met, the insured period is not guaranteed and the actual period is calculated. The benefit multiplying rate will be replaced by the date of birth (increasing the multiplying rate).
  • If both short-term and long-term requirements are met, the short-term requirement will be used for calculation unless otherwise specified.

Addition

When a husband died, a wife with no children over 40 years old, 65 years from the time of acquisition of the entitlement until his wife reaches 40 years old, when there is a child who is eligible for basic survivor pension at the age of 40, From the time the child reaches the age of 18 after receiving the basic survivor pension, etc. until the age of 65, regardless of the date of birth, etc., the "survivor basic pension amount x 3/4 (rounded up to the nearest 100 yen)" Is added (Middle-aged widow addition, 29 yen in 584,500).

  • The addition of middle-aged widow is added to "wives without children" (people who cannot receive the basic pension of the surviving family) for the purpose of guaranteeing their lives. It is paid even if the wife is an employee insured.
  • If the deceased husband is eligible for the old-age welfare pension (corresponds to the long-term requirement), it is not added if the insured period underlying the calculation is less than 240 months (20 years). When looking at "240 months", the insured period related to the period in which the person was insured for two or more types of insuredTotalHowever, the judgment shall be made on the assumption that the insured period for one period is the only period. Note thatIf applicable to short-term requirements, add regardless of husband's insured period.
  • If a wife is under the age of 40 and has no children at the time of her husband's death, the addition of middle-aged widows will not be added even if the wife reaches the age of 40.
  • If more than one survivor's welfare pension is paid for long-term requirements,LongestWe add to survivor's welfare pension based on one period.

Showa 31 (1956) If the wife was born before April 4, and the husband was a recipient of the old-age welfare pension for more than 1 months, the wife was 240 years old or older at the time of the husband's death, or eligible for middle-aged widow addition When a person reaches the age of 65, (additional amount of middle-aged widows-full amount of old-age basic pension x rate according to wife's date of birth) is added (Progressive widows addition, 29~584,500 yen depending on the date of birth of his wife in 19,507).

  • These wives are already 30 years old or older when the new law came into force, and if they did not voluntarily join in the old law era, there may be cases where the wife's own old-age basic pension amount is less than the middle-aged widows addition amount. Therefore, the transitional widows are added to prevent a decrease in the pension amount after the age of 65.
  • The transitional widow addition is provided during the period when the wife who is the beneficiary can receive the disability basic pension (except when the payment is suspended) or the survivor basic pension for the death of the husband during that period. Is stopped.

"Spouse who has the same living as the child" or "child"If you do not acquire the right to receive the basic survivor pension, Add the amount equivalent to the survivor's basic pension and the additional amount of the child.

Suspension of payment/Adjustment of pension

The bereaved family welfare pension will be suspended for six years from the date of death when the insured person's death was compensated for by the bereaved family under the Labor Standards Act. If the survivor's (compensation) pension of the workers' compensation insurance is paid, the survivor's welfare pension is paid in full and the workers' compensation is adjusted. Specifically, the bereaved family (compensation) pension will be reduced to 6% if only the bereaved family welfare pension is received, and the bereaved family (compensation) pension will be reduced to 84% if both the bereaved family basic pension and the bereaved family welfare pension are provided. ..

If the whereabouts of the spouse or child is not known for more than one year, the payment will be suspended when the whereabouts of the spouse or child are not known due to the application of the child or spouse. In addition, if there are two or more beneficiaries to a person other than the spouse and the whereabouts of one or more persons have not been clarified for one year or more, the whereabouts have become unclear due to an application by another beneficiary. Sometimes it goes back and is stopped. Those who have been suspended due to an unknown whereabouts can apply for cancellation of suspension at any time. If you can receive the survivor's welfare pension based on the period of insured for two or more types of insured, the application for suspension of payment for the survivor's welfare pension based on one period is not applicable. With the application for the survivor's welfare pension based on the same payment reason as the survivor's welfare pension based on one period andat the same timeIt must be made.

The survivor's welfare pension for a spouse is the case where the spouse does not have the right to receive the basic survivor's pension and the child has the right to receive the basic survivor's pension for the death of the insured. During that time, the payment is suspended. However, this does not apply while the survivor's welfare pension for the child is suspended due to unknown whereabouts of the child. If the spouse's survivor's welfare pension was suspended due to the application, the suspension of severance for the child will not be released after October 27 (the treatment will be different from the survivor's basic pension).

The recipient of the survivor's welfare pension is the old-age welfare pension[4]If you are also eligible to receive benefits (for spouses over 65 years old), the full amount of the old-age welfare pension is paid, and the survivor's welfare pension is equivalent to the old-age welfare pension. However, if the amount of the old-age welfare pension is lower than the amount of the survivor's welfare pension or the amount of "survivor's welfare pension × 2/3 + old-age welfare pension × 1/2", the difference is received as the survivor's welfare pension. it can. The old-age basic pension and the old-age welfare pension are subject to taxationThe survivor's welfare pension is tax-freeSo, in reality, you will choose a pattern where you will receive the amount after tax. If the beneficiary of the old-age pension under the old law (65 years old or older) receives the survivor's welfare pension, half of the old-age pension will be suspended.

Until September 27, due to the principle of one-on-one pension, if the bereaved family welfare pension is a short-term requirement, it cannot be co-paid with the bereaved family mutual benefit pension, and it has been elected. If the survivor's welfare pension is a long-term requirement, the survivor's welfare pension can also be provided if it is the long-term requirement, but if the survivor's welfare pension is a short-term requirement, the survivor's welfare pension will be provided, and the welfare welfare pension will not be provided. From October 9, the amount of the survivor's welfare pension for those who have a period of two or more types of insured will be insured for one period by adding up the insured period in case of short-term requirements. The amount of money is calculated assuming that there is only one period. In the case of long-term requirements, the amount shall be paid for each type of insured period, and each amount shall be deemed to have only the insured period for one period, summing up the insured period. After calculating, calculate each period as the basis of calculation and apportion it to the calculated amount.

Special survivor pension

Those who have been insured for the welfare pension for one year or longer and who are not eligible for the old-age welfare pension and have a combined period of 1 years or more for the insured period and the former mutual aid membership period have died. In this case, if the survivor of the person does not obtain the right to receive the survivor's welfare pension, the special survivor's pension is paid to the survivor. The pension isSpecially provided old-age welfare pensionThe amount is equivalent to 100/50. The special survivor's pension is generally regarded as a survivor's welfare pension that meets the long-term requirements.

Forfeiture

The entitlement to the bereaved family pension, the widows pension, and the bereaved welfare pension shall be extinguished when the beneficiary falls under any of the following.Once extinguished, the entitlement will never be restored.

  • When you die
  • When we got married
    • Remarriage of a spouse who has the right to receive the basic survivor's pension does not mean that he or she will be forfeited (even if the child becomes an adopted child of the remarriage partner, he/she will not be extinguished). Usually, the real parent (former spouse) falls under "the father or mother of the child who shares the same living income", so the survivor's basic pension is not paid (the survivor's welfare pension is paid).
  • Direct lineBloodOr direct linePrinceWhen adopted by someone other than
  • DivorceWhen the family relationship with the person who died due to
    • A spouse who is a beneficiary will not be relinquished because he will not be "divorced" if he returns to his parents' house and restores his first and last names.
  • When the end of the 18-year-old year ends for children and grandchildren. However, except when there is a disability grade 1 or 2
  • When the circumstances have ceased for children and grandchildren with disability grades 1 and 2. However, except when you are 18 years old by the end of the year
  • When children and grandchildren reach the age of 20
  • A spouse who has the right to receive the survivor basic pension and all of the children fall under any of the reasons for the reduction and revision (only the survivor basic pension)
    • If all of the children are adopted by a direct lineage or a direct lineage, the child will not be relinquished, but the spouse will be relinquished because all of the children fall under the reduced price revision event.
  • 19 (2007) If the right to receive the survivor's welfare pension occurs after April 4,Wife under 30In the event that the parent does not acquire the beneficiary basic pension, counting from the date of acquiring the beneficiary pension5When passed (bereaved welfare pension only)
  • If the entitlement to the survivor's welfare pension occurs after April 19, 2007, the wife who has the entitlement to the survivor's basic pensionBy the day you reach the age of 30When the right to receive the payment is extinguished, counting from the day of extinction5When passed (bereaved welfare pension only)
  • When a parent, grandchild, or grandparent who is entitled to the survivor's welfare pension, who was a fetus at the time of the death of the insured (was) was born (survivor's welfare pension only)
  • My wife, who has a wage pension recipient,65Reached (widows pension only)
  • My wife, who has a wage pension recipient,Increased payment of old-age basic pensionWhen requesting (widows pension only)

footnote

  1. ^ According to Article 5(7) of the National Pension Act and Article 3(2) of the Welfare Pension Insurance Act, "spouse", "husband" and "wife" in this articleCommon-law marriageThose who are in a state are included. Regarding the recognition of “fact marriage”, “there is an agreement between the parties to establish a factual relationship that is considered to be the common life of the couple according to social conventions” The fact that there is a factual relationship that is recognized as a communal life", but if the internal relationship is an unethical internal relationship (in certain casesClose marriage), this is not recognized as a person who is in fact married.bigamyIt is natural that priority should be given to marital relationships by notification, and therefore, only when the marital relationship by notification has lost its substance, a person who has an internal relationship can be married. It shall be certified as a related person (March 23, 3, annual issue 23 No. 0323).
  2. ^ It is said that the payment of the widows pension will start from the month following the month in which they reach the age of 60, but since the right to receive the widows pension occurs on the day the husband dies, when the husband dies, the wife is under 60 years old. Even if it is, make a request for arbitrage for widows promptlyAdministrative guidanceIs being carried out (April 46, 4, Agency Insurance No. 30).
  3. ^ a b c In the old era, age requirements were considered irrelevant if the disability grade was 2 or higher, but disability requirements were abolished when the new law came into effect, and a special exception was established as a time-limited measure for 10 years. However, if a person under 55 years of age obtains the right to receive the benefits, the right to receive the survivor's welfare pension disappears when the condition of disability ceases to apply.
  4. ^ If you are covered by an old-age pension for employment, the amount will be calculated based on the old-age welfare pension amount assuming that payment will not be suspended.

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