MILITARY PENSION ACT

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to stabilizing the livelihood of members of the armed forces and their survivors and to improving their welfare by providing adequate benefits for the members of the armed forces and survivors upon their retirement or death after having diligently completed military service for a substantial period.

Article 2(Scope of application) #

This Act shall apply to non-commissioned officers and higher-ranking members of the armed forces in active service; provided, non-commissioned officers appointed not volunteered are excluded herefrom.

Article 3(Definitions) #

(1) The terms used in this Act are defined as follows:

1. The term "amount of standard monthly income" means an amount averaging the total of the taxable annual income, out of the income earned for military service for a certain period, by 12 months, based on which contributions and benefits are calculated. In such cases, the scope of taxable income included in the amount of standard monthly income, the methods of determining the amount of standard monthly income, the applicable periods thereof, and other relevant matters shall be prescribed by Presidential Decree;

2. The term "amount of average standard monthly income" means an amount dividing, by a member’s period of service, the total of each year’s standard monthly income during the member’s period of service, which is converted into the current value as of the day on which the reason for paying benefits occurs (or the day preceding the date of the member’s retirement if the reason for paying benefits occurs upon or after retirement from service; hereinafter the same shall apply), as prescribed by Presidential Decree, taking into account the rate of increase in remuneration for the members of armed forces and other factors;

3. The term "retirement" means discharge, retirement, or removal from military service;

4. The term "survivor" means any of the following persons supported by a current or former member of the armed forces at the time of the member’s death:

MILITARY PENSION ACT

Article 1(Purpose) #

Article 2(Scope of application) #

Article 3(Definitions) #

Article 4(Return of contributions) #

Article 5(Calculation of period of service) #

Article 6(Methods of aggregating periods of service) #

Article 7(Kinds of benefits) #

Article 8(Confirmation of reasons for benefits and determination of benefits) #

Article 9(Basis for calculation of benefits) #

Article 10(Order of priority of survivors) #

Article 11(Competition between persons in same order of priority) #

Article 12(Special cases concerning beneficiaries of benefits) #

Article 13(Period and timing for payment of pension) #

Article 14(Adjustment of amount of pension) #

Article 15(Special cases concerning payment of pension) #

Article 16(Recovery of benefits) #

Article 17(Payment after deduction of unpaid amount) #

Article 18(Protection of entitlement) #

Article 19(Adjustment of benefits) #

Article 20(Adjustment of benefits under other statutes or regulations) #

Article 21(Veteran's pension or lump-sum veteran's pension) #

Article 22(Eligible beneficiaries of split pension) #

Article 23 #

Article 24(Relationship between split pension and veteran's pension) #

Article 25(Special cases concerning claims for split pensions) #

Article 26(Split of lump-sum veteran's pension) #

Article 27(Suspension of veteran's pension) #

Article 28(Lump-sum payment on retirement) #

Article 29(Retirement benefits for missing persons) #

Article 30(Veteran's pension for survivors) #

Article 31(Veteran's pension for survivors payable to missing persons) #

Article 32(Loss and transfer of entitlement to veteran's pension for survivors) #

Article 33(Additional payments to veteran's pension for survivors) #

Article 34(Lump-sum veteran's pension for survivors) #

Article 35(Lump-sum payments on retirement to survivors) #

Article 36(Special death gratuities) #

Article 37(Retirement allowances) #

Article 38(Restrictions on benefits due to criminal punishment) #

Article 39(Restrictions on benefits due to intent) #

Article 40(Restrictions on benefits for failure to receive physical examination) #

Article 41(Principles of bearing expenses) #

Article 42(Contributions) #

Article 43(Disposition of overpaid or underpaid contributions) #

Article 44(State’s contributions) #

Article 45(Compensatory grants) #

Article 46(Transfer of amount of pension) #

Article 47(Establishment and creation of military pension fund) #

Article 48(Accumulation of legal reserves) #

Article 49(Management and operation of the fund) #

Article 50(Purposes of fund) #

Article 51(Request for review) #

Article 52(Prescription) #

Article 53(Period of effectuation) #

Article 54(Right to request submission of documents) #

Article 55(Matters to be reported) #

Article 56(Delegation and entrustment of determination and payment of benefits) #