PUBLIC OFFICIALS PENSION ACT

영문법령 불러오는 중…

PUBLIC OFFICIALS PENSION ACT — 법갈피

Article 25(Calculation of length of service) #

(1) The length of service of a public official shall be calculated by the number of years and months from the month in which the date of appointment as a public official falls to the month in which the day preceding the date of retirement or the date of death falls.

(2) If a retired public official, a member of the Republic of Korea Armed Forces, or a private school teacher or employee (excluding a person who has not been subject to this Act, the Military Pension Act, or the Pension for Private School Teachers and Staff Act) is appointed as a public official, the period of service or the period of military service under the relevant pension Act may, at his or her option, be aggregated with the length of service under (1).

(3) Any of the following periods of service before a person is appointed as a public official may, at his or her option, be included in the length of service under (1): <Amended on Dec. 31, 2019>

1. The period of service as an active duty serviceman under the Military Service Act or as a non-commissioned officer appointed without volunteering (including the period of service prescribed by Presidential Decree among the periods of service performed pursuant to a defense call-up, a full-time reserve call-up, a supplementary call-up, or an alternative call-up);

2. The period of service as a public health doctor under any of the following Acts during the period from January 1, 1979 to May 31, 1992:

a. The previous Act on Special Measures for Public Health and Medical Services (referring to the Act before it was repealed by Act No. 3335, Dec. 31, 1980);

b. The previous Act on Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages (referring to the Act before it was wholly amended by Act No. 4430, Dec. 14, 1991);

c. The previous Act on Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, etc. (referring to the Act before it was partially amended by Act No. 4685, Dec. 31, 1993).

(4) The length of service or the period of service under paragraphs (2) and (3), and the length of service under Article 7(2) of the Addenda to the Act Amending the Public Officials Pension Act (Act No. 3586) shall not be aggregated with or included in the length of service under paragraph (1) when a retirement allowance under subparagraph 4 of Article 28 is paid.

(5) When calculating the length of service for the purpose of paying a retirement allowance under subparagraph 4 of Article 28, 1/2 of the period of leave of absence, excluding a leave of absence due to any of the following reasons, the period of removal from office, the period of suspension from office, and the period during which he or she was unable to engage in his or her duties due to demotion shall be deducted from each such period.

1. A leave of absence due to a disease or injury incurred in the course of official duties;

2. A leave of absence to complete military service under the Military Service Act;

3. A leave of absence due to temporary employment with an international organization, a foreign institution, an educational institution abroad (referring to an educational institution abroad as defined in subparagraph 2 of Article 2 of the Act on Educational Support for Overseas Korean Nationals), a university or research institute in the Republic of Korea or abroad, another State agency, a private enterprise, or any other institution;

4. A leave of absence under Article 71(1)6 of the State Public Officials Act, Article 63(1)4 of the Local Public Officials Act, or Article 44(1)11 of the Educational Officials Act;

5. A leave of absence due to the rearing of a child or due to the pregnancy or childbirth of a female public official;

6. A leave of absence to perform obligations under other Acts.

Article 30(Basis for calculation of amount of benefits) #

(1) Benefits under this Act (excluding a retirement pension and an early retirement pension under Article 43(1) and (2), and a retirement survivors’ pension under Article 54(1)) shall be calculated based on the standard monthly income for the month in which the date on which the grounds for benefits arise falls; provided, if a public official dies in the course of official duties or is killed in action and is appointed, including by promotion, to a higher rank, grade, or position (including a position in the Senior Executive Service) under statutes or regulations relating to the appointment of public officials, the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree (hereinafter referred to as “statutes, regulations, etc. relating to the appointment of public officials”), the benefits shall be calculated based on the standard monthly income calculated by deeming the public official to have served in the relevant higher rank, grade, or position, as prescribed by Presidential Decree. <Amended Jan. 7, 2025>

(2) A retirement pension and an early retirement pension under Article 43(1) and (2), and a survivors’ pension under Article 54(1), shall be calculated based on the following amounts:

1. An amount converted into the present value as of the time pension payments commence, as prescribed by Presidential Decree in consideration of the rate of increase in remuneration for public officials, etc., of the amount obtained by dividing by 3 the aggregate of the amounts calculated in accordance with the following items:

a. An amount obtained by adjusting the average standard monthly income of all public officials in the year 3 years prior to retirement by the nationwide consumer price fluctuation rate for the year preceding retirement as compared with the year 3 years prior to retirement;

b. An amount obtained by adjusting the average standard monthly income of all public officials in the year 2 years prior to retirement by the nationwide consumer price fluctuation rate for the year preceding retirement as compared with the year 2 years prior to retirement;

c. The average standard monthly income of all public officials in the year preceding retirement;

2. The average standard monthly income; in such cases, the standard monthly income shall not exceed 160 percent of the average standard monthly income of all public officials.

(3) The standards and methods for calculating the average standard monthly income of all public officials shall be prescribed by Presidential Decree.

Article 37(Recovery of benefits) #

(1) If a person who has received benefits falls under any of the following subparagraphs, the Service shall recover the amount of such benefits (if a difference arises between the amount of benefits received and the amount of benefits that should have been paid, referring to the difference; hereafter in this Article the same shall apply); in such cases, in cases falling under subparagraph 1, the Service shall collect the amount of benefits together with interest and expenses of recovery as prescribed by Presidential Decree; and in cases falling under subparagraph 2 or 3, if a person liable to pay the amount to be recovered fails to pay it by the deadline, interest as prescribed by Presidential Decree shall be added:

1. Where he or she received benefits by fraud or other improper means;

2. Where, after benefits were received, the grounds for benefits retroactively ceased to exist;

3. Other cases where benefits were paid in error.

(2) If, in recovering benefits under paragraph (1), a person liable to pay the amount to be recovered fails to pay it by the deadline, the Service may, with the approval of the Minister of Personnel Management, collect it in the same manner as delinquent national taxes are collected under the National Tax Collection Act.

(3) If, in recovering benefits under paragraph (1), any of the following grounds exists, the Service may write off the amount to be recovered; provided, in cases falling under subparagraphs 1 and 3, if the Service discovers property subject to seizure after the write-off, it shall, without delay, revoke the write-off and collect the amount in the same manner as delinquent national taxes are collected:

1. Where disposition for arrears has been completed and the distributed amount appropriated to the amount in arrears is less than the amount in arrears;

2. Where the extinctive prescription for the relevant right has been completed;

3. Where it is recognized that collection is impossible, as prescribed by Presidential Decree.

(4) Executive officers and employees of the Service who carry out disposition for arrears under paragraph (2) and the proviso of paragraph (3), shall be deemed to be public officials.

Article 41(Adjustment to benefits under other statutes or regulations) #

(1) If a person receives, at the expense of the State or a local government, the same type of benefits as those under this Act under other statutes or regulations, the benefits under this Act shall be paid after deducting an amount equivalent to such benefits.

(2) If a recipient of a veterans’ retirement pension under the Military Pension Act, a retirement pension or an early retirement pension under the Pension for Private School Teachers and Staff Act, or the Special Post Offices Act also receives a retirement survivors’ pension under this Act, the retirement survivors’ pension shall be paid after deducting 1/2 of the amount thereof.

(3) If the right to receive non-duty-related disability benefits under Article 59 and the right to receive disability benefits under Article 28 of the Public Officials’ Accident Compensation Act arise simultaneously, one of those benefits may be selected and received.

(4) If a public official entitled to a retirement pension or an early retirement pension dies and the survivors become entitled to a survivors' pension for a public official who died in the line of duty under Article 36 of the Public Officials' Accident Compensation Act (hereinafter referred to as the "survivors' pension for line-of-duty death") or a survivors' pension under Article 38 of that Act (hereinafter referred to as the "survivors' pension for line-of-duty death in hazardous duty"), he or she may elect to receive one of the retirement survivors' pension under Article 54(1) and the survivors' pension for line-of-duty death or the survivors' pension for line-of-duty death in hazardous duty.

(5) Notwithstanding paragraph (4), if a public official who has served for 10 years or more dies while in service and the survivors select a lump-sum retirement survivors' pension under Article 54(4), and if the survivors become entitled to a survivors' pension for line-of-duty death or a survivors' pension for line-of-duty death in hazardous duty, the survivors may select and receive one of the lump-sum retirement survivors' pension and the survivors' pension for line-of-duty death or the survivors' pension for line-of-duty death in hazardous duty.

(6) If a public official who has served for less than 10 years dies while in service and the survivors become entitled to a survivors' pension for line-of-duty death or a survivors' pension for line-of-duty death in hazardous duty, the survivors may select and receive one of the lump-sum retirement survivors' benefit under Article 58(1) and the survivors' pension for line-of-duty death or the survivors' pension for line-of-duty death in hazardous duty.

Article 43(Retirement pension or lump-sum retirement pension) #

(1) If a public official retires after serving for 10 years or more, a retirement pension shall be paid from the time when he or she falls under any of the following until his or her death: <Amended on Jan. 7, 2025>

1. Where he or she reaches the age of 65;

2. When 5 years have elapsed since he or she reached the retirement age or upper age limit for service if the statutes, regulations, etc. relating to the appointment of public officials prescribe a retirement age or an upper age limit for service of less than 60 years (if no upper age limit for service is prescribed for the relevant public official, the upper age limit refers to the age prescribed by Presidential Decree in consideration of the upper age limit, etc. applicable to public officials in similar positions under the statutes, regulations, etc. relating to the appointment of public officials);

3. When 5 years have elapsed since he or she retired upon reaching the class retirement age prescribed by the statutes, regulations, etc. relating to the appointment of public officials;

4. When 5 years have elapsed since he or she retired because his or her position was abolished or excess personnel arose as a result of the amendment or abolition of the organizational structure and authorized staffing levels, or a reduction in the budget, etc.;

5. When he or she comes to fall under a disability status prescribed by Presidential Decree.

(2) Notwithstanding paragraph (1), if a public official who has retired after serving for 10 years or more wishes to receive a retirement pension before the time at which payment of the retirement pension begins under paragraph (1)1 through 4, an amount determined in accordance with the classifications set forth in the following subparagraphs based on the number of years falling short of that time (hereinafter referred to as “shortfall years”) may be paid to him or her as an early retirement pension until his or her death:

1. Where the shortfall years are 1 year or less: 95 percent of the amount equivalent to the retirement pension;

2. Where the shortfall years exceed 1 year but are 2 years or less: 90 percent of the amount equivalent to the retirement pension;

3. Where the shortfall years exceed 2 years but are 3 years or less: 85 percent of the amount equivalent to the retirement pension;

4. Where the shortfall years exceed 3 years but are 4 years or less: 80 percent of the amount equivalent to the retirement pension;

5. Where the shortfall years exceed 4 years but are 5 years or less: 75 percent of the amount equivalent to the retirement pension.

(3) If a person entitled to a retirement pension or an early retirement pension under paragraphs (1) and (2) so requests, a lump-sum retirement pension may be paid in lieu of the retirement pension or the early retirement pension or, with respect to any period selected by the person out of his or her length of service exceeding 10 years (or, if a recipient of a retirement pension, an early retirement pension, or a veterans' retirement pension has had his or her length of service aggregated under Article 26, the aggregated length of service), a lump-sum retirement pension after deductions may be paid in lieu of the retirement pension or the early retirement pension corresponding to that period.

(4) The amount of a retirement pension under paragraph (1) shall be 1.7 percent of the average standard monthly income per year of the length of service (if the length of service is less than 1 year, 1 month shall be calculated as 1/12 year; hereinafter the same shall apply); provided, the length of service shall not exceed 36 years.

(5) The lump-sum retirement pension under paragraph (3) shall be calculated in accordance with the following formula; in such cases, any period of less than 1 year in the length of service shall be calculated on the basis that 1 month equals 1/12 year, and any period exceeding 36 years shall be calculated as 36 years:

〔별표·서식 이미지 — 상단 '원문 보기'에서 확인〕

┌────────────────────────────────────────┐

│퇴직한 날의 전날이 × 재직연수 × [ 975 + 65 (재직연수-5) ] │

│속하는 달의 ───── ───── │

│기준소득월액 1,000 10,000 │

└────────────────────────────────────────┘

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(6) The lump-sum retirement pension after deductions under paragraph (3) shall be calculated in accordance with the following formula; in such cases, the deductible length of service refers to the length of service that the retiring public official wishes to have included in the calculation of the lump-sum retirement pension after deductions, and any period of less than 1 year shall be calculated on the basis that 1 month equals 1/12 year:

〔별표·서식 이미지 — 상단 '원문 보기'에서 확인〕

┌────────────────────────────────────────┐

│퇴직한 날의 전날이 × 공제 × ( 975 + 65 × 공제 ) │

│속하는 달의 재직연수 ───── ───── 재직연수 │

│기준소득월액 1,000 10,000 │

└────────────────────────────────────────┘

</img>

(7) If the amount calculated under paragraph (5) is less than the amount obtained by adding interest under Article 379 of the Civil Act to the member contributions already paid, the latter amount shall be paid in lieu of the amount calculated under paragraph (5).

(8) The Minister of Personnel Management shall confirm retirement under paragraph (1)4, as prescribed by Presidential Decree.

Article 50(Suspension of payment of retirement pension or early retirement pension) #

(1) If a recipient of a retirement pension or an early retirement pension falls under any of the following subparagraphs, payment of the entire pension shall be suspended during the relevant period of service; provided, in the case of a local council member falling under subparagraph 2, if the monthly earned income under Article 20(2) of the Income Tax Act (hereinafter referred to as the "monthly earned income") is less than the amount of his or her retirement pension or early retirement pension, payment of part of the pension equivalent to such monthly earned income shall be suspended; and, in the case of any of subparagraphs 3 through 5, if the monthly earned income is less than 160 percent of the average standard monthly income of all public officials for the preceding year, payment of part of the pension shall be suspended in accordance with paragraph (3): <Amended on Jun. 30, 2023>

1. Where he or she is appointed as a public official under this Act, a member of the armed forces under the Military Pension Act, or a private school teacher or staff under the Pension for Private School Teachers and Staff Act;

2. Where he or she takes office as an elected public official by election;

3. Where he or she is employed as an executive officer or employee by an institution wholly invested in or funded by the State among public institutions under Article 4 of the Act on the Management of Public Institutions;

4. Where he or she is employed as an executive officer or employee by an institution wholly invested in or funded by a local government among local government-directly operated enterprises, local government-invested public corporations, and public agencies under Article 2 of the Local Public Enterprises Act;

5. Where he or she is employed as an executive officer or employee by an institution wholly invested in or funded by a local government among institutions under Article 2(1) of the Act on the Operation of Local Government-Invested or -Funded Institutions.

(2) Matters relating to the designation, public notice, etc. of institutions falling under paragraph (1)3 through 5 shall be prescribed by Presidential Decree.

(3) If a recipient of a retirement pension or an early retirement pension has a business income amount under Article 19(2) of the Income Tax Act or an earned income amount under Article 20(2) of that Act, and the monthly average amount of each income amount or the combined income amount (hereinafter referred to as the "monthly income amount") exceeds the average monthly pension amount of the preceding year (referring to the amount obtained by dividing the total amount of the retirement pension and the retirement survivors' pension by the number of the relevant recipients), payment of the amount classified under the following subparagraphs shall be suspended from the retirement pension or the early retirement pension; in such cases, the amount of payment suspended shall not exceed 1/2 of the retirement pension or the early retirement pension.

1. Where the monthly income amount exceeding the average monthly pension amount of the preceding year (hereinafter referred to as the "monthly excess income amount") is less than 500,000 won: 30 percent of the monthly excess income amount that is less than 500,000 won;

2. Where the monthly excess income amount is 500,000 won or more but less than 1 million won: 150,000 won plus 40 percent of the portion of the monthly excess income amount exceeding 500,000 won;

3. Where the monthly excess income amount is 1 million won or more but less than 1.5 million won: 350,000 won plus 50 percent of the portion of the monthly excess income amount exceeding 1 million won;

4. Where the monthly excess income amount is 1.5 million won or more but less than 2 million won: 600,000 won plus 60 percent of the portion of the monthly excess income amount exceeding 1.5 million won;

5. Where the monthly excess income amount is 2 million won or more: 900,000 won plus 70 percent of the portion of the monthly excess income amount exceeding 2 million won.

(4) Matters necessary for to the calculation of the monthly income amount and the average monthly pension amount under paragraph (3), methods of suspension of payment, etc. shall be prescribed by Presidential Decree.

[Amended on Jun. 30, 2023; Act No. 19513, following a decision of nonconformity to the Constitution rendered by the Constitutional Court on Jan. 27, 2022]

Article 52(Retirement benefits for missing persons) #

(1) If a person entitled to retirement benefits has been missing for 1 year or longer, such retirement benefits may be paid to his or her heir upon a claim filed by a person who is to become his or her heir (who shall fall within the scope of survivors; hereafter in this Article the same shall apply).

(2) If an heir claims the pension of the missing person under paragraph (1), the relevant pension shall be paid from the time when the missing person becomes entitled to a retirement pension or an early retirement pension under this Act; and if the whereabouts of the missing person remain unconfirmed even after 3 years have elapsed from the time when he or she became entitled to such pension, 60 percent of the amount of the relevant pension shall be paid beginning with the following month.

(3) If the death of a person who had been missing is verified after benefits have been paid under paragraph (2), a retirement survivors' pension shall be paid to his or her heir beginning with the month following the month in which the date of confirmation of death falls; provided, if the date of death of the person who had been missing falls within 3 years from the date on which benefits under paragraph (1) were paid, the heir shall pay to the Service the amount obtained by adding interest prescribed by Presidential Decree to the difference between the survivors' pension receivable by the heir from the month following the month in which the date of death falls through the month in which the 3-year period expires and the benefits actually received.

(4) If the survival of a person who had been missing is verified, a retirement pension or an early retirement pension shall be paid to the person beginning with the month following the month in which the date of confirmation of survival falls. In such cases, if 60 percent of the retirement pension or the early retirement pension has been paid to the heir under paragraph (2), the Service shall pay the amount obtained by adding interest prescribed by Presidential Decree to the difference between the benefits paid for the relevant period and the benefits payable.

(5) If there are 2 or more heirs under paragraph (1), Articles 31 and 32 shall apply mutatis mutandis with respect to the order of priority of the heirs and the payment of retirement benefits, and Article 57 shall apply mutatis mutandis with respect to the loss and transfer of entitlement to benefits of an heir who receives benefits under paragraph (2).

Article 65(Restrictions on benefits due to punishment) #

(1) If a person who is or was a public official falls under any of the following, the retirement benefits and retirement allowance shall be reduced in part, as prescribed by Presidential Decree; in such cases, the amount of retirement benefits shall not be reduced below the amount obtained by adding interest under Article 379 of the Civil Act to the total amount of member contributions already paid:

1. Where a sentence of imprisonment without labor or a heavier punishment becomes final for a reason arising during the period of service (excluding cases where such reason arises from negligence unrelated to his or her duties or from negligence committed while complying with a lawful official order of his or her superior; hereafter in paragraph (3) the same shall apply);

2. Where he or she is removed from office by impeachment or disciplinary action;

3. Where he or she is dismissed by disciplinary action for accepting money or other valuables and entertainment, or for embezzlement or misappropriation of public funds.

(2) If, after the retirement benefits and retirement allowance have been reduced in part and paid because a person who is or was a public official falls under any of the subparagraphs of paragraph (1), the ground for such reduction ceases to exist retroactively, the reduced amount shall be paid by adding interest prescribed by Presidential Decree.

(3) If an investigation is under way or a criminal trial is pending for a criminal act punishable by imprisonment without labor or a heavier punishment for a reason arising during the period of service, part of the retirement benefits (excluding benefits in the form of a pension) and the retirement allowance may be suspended, as prescribed by Presidential Decree; in such cases, if the ground for restricting benefits ceases to exist, the amount whose payment was suspended shall be paid by adding interest prescribed by Presidential Decree.

(4) If a person who is or was a public official is sentenced to imprisonment without labor or a heavier punishment, which becomes final, for committing a crime prescribed in Chapters I and II of Part II of the Criminal Act, Chapters I and II of Part II of the Military Criminal Act, or the National Security Act (excluding Article 10), for a reason arising during the period of service, the amount obtained by adding interest under Article 379 of the Civil Act to the total amount of member contributions already paid shall be returned; in such cases, benefits shall not be paid.

Article 71(State pension contributions and supplementary State contributions) #

(1) The amount of the contributions borne by the State or a local government under Article 66(1) (hereinafter referred to as "State pension contributions") shall be 9 percent of the remuneration budget prescribed by Presidential Decree for each fiscal year; provided, where the State or a local government is unable to cover the costs incurred in providing retirement benefits and retirement survivors' benefits among the benefits under Article 28 with member contributions and State pension contributions, the State or the local government shall bear the insufficient amount (hereinafter referred to as "supplementary State contributions"), as prescribed by Presidential Decree.

(2) The State or a local government shall pay the State pension contributions and supplementary State contributions under paragraph (1) (hereafter in this Article referred to as "State pension contributions, etc.") to the Service in 4 installments per year, by January 31, April 30, July 31, and October 31.

(3) In cases falling under paragraph (2), State pension contributions, etc. shall be calculated as at the first day of each installment period; provided, where the budget for remuneration is increased or decreased, an adjustment shall be made when calculating the State pension contributions, etc. for the following installment period.

(4) The Service may directly collect pension contributions, etc. to be paid by a local government out of the grants-in-aids or other grants which the State provides to the local government.

(5) If the Service collects pension contributions, etc. under paragraph (4), it may estimate them on a provisional basis and collect them in advance. In such cases, it shall adjust them at the end of the following installment period.

(6) If the State pension contributions, etc. are overpaid or underpaid, the amount thereof shall be added or subtracted when the State pension contributions, etc. for the following installment period are paid.

(7) If any overpaid or underpaid portion of the State pension contributions, etc. under paragraph (6) is not settled when the State pension contributions, etc. for the following installment period are paid (including cases where the full amount is not paid to the Service within the relevant fiscal year), the amount shall be settled as an amount obtained by adding interest, as prescribed by Presidential Decree, to the principal amount thereof.

(8) If the Minister of Personnel Management deems it necessary to ensure the smooth operation of the public officials pension finances, he or she may apply funds transferred from the Public Officials Pension Fund under Article 21(1)1d to supplementary State contributions, following deliberation by the Public Officials Pension Management Committee under Article 79.

Article 79(Public Officials Pension Management Committee) #

(1) To deliberate on the following matters relating to the public officials pension, a Public Officials Pension Management Committee (hereinafter referred to as the "Management Committee") shall be established in the Ministry of Personnel Management:

1. Matters relating to the public officials pension system;

2. Matters relating to actuarial calculations of the public officials pension;

3. Matters relating to the Fund management plan and settlement of accounts;

4. Matters relating to welfare programs for public officials implemented by the Fund;

5. Matters relating to contributions to, and investments of, the Fund;

6. Other matters that the Minister of Personnel Management deems necessary for the operation of the public officials pension.

(2) The Management Committee shall be composed of not fewer than 15 and not more than 20 members, including the chairperson.

(3) The Minister of Personnel Management shall serve as the chairperson of the Management Committee.

(4) The members of the Management Committee shall be designated or appointed by the Minister of Personnel Management from among the following persons:

1. Public officials of central administrative agencies responsible for matters relating to public officials pension and welfare or accident compensation;

2. Public officials belonging to organizations of public officials;

3. Persons receiving retirement pensions;

4. Persons belonging to a non-profit, non-governmental organization defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;

5. Persons with extensive knowledge of, and experience in, public officials pension matters.

(5) Members of the Management Committee who are not public officials shall be deemed to be public officials for purposes of applying Articles 129 through 132 of the Criminal Act.

(6) Matters necessary for the composition, operation, etc. of the Management Committee shall be prescribed by Presidential Decree.

Article 93(Authority of the Service) #

(1) For the proper operation of benefits under this Act, the Service may notify persons entitled to benefits, the heads of agencies dealing with pensions, the heads of medical care institutions, and other persons related to benefits of necessary matters, or require them to submit relevant documents.

(2) If necessary in relation to benefits under this Act, the Service may have its employees enter relevant places to examine documents, etc., or ask necessary questions of relevant persons. In such cases, an employee of the Service who enters, conducts an examination, or asks questions shall carry identification verifying his or her authority and present it to relevant persons.

(3) The Service may request State agencies, local governments, the Korea Teachers Pension, the National Pension Service under the National Pension Act (hereinafter referred to as the “National Pension Service”), and the heads of other institutions, corporations, or organizations prescribed by Presidential Decree to provide data necessary for public officials pension programs, including investigations of income, etc. under Article 50, determination and payment of benefits, recovery of benefits, and student loans, including data on resident registration, family relations registration, national taxes, local taxes, land, buildings, health insurance, registration of persons with disabilities, and other data prescribed by Presidential Decree; in such cases, State agencies, local governments, the Korea Teachers Pension, the National Pension Service, or the heads of institutions, corporations, or organizations shall comply with the request unless there is a compelling reason not to do so.

(4) With respect to data provided to the Service pursuant to paragraph (3), user fees, handling fees, etc. shall be exempted.

(5) In cases falling under paragraph (1), where a person entitled to benefits fails to comply with a request of the Service without good cause, the payment of benefits may be suspended until he or she complies with the request.

PUBLIC OFFICIALS PENSION ACT

Article 1(Purpose) #

Article 2(Administration) #

Article 3(Definitions) #

Article 4(Establishment of the Government Employees Pension Service) #

Article 5(Legal personality) #

Article 6(Articles of incorporation) #

Article 7(Registration of establishment) #

Article 8(Executive officers) #

Article 9(Duties of executive officers) #

Article 10(Appointment of agent) #

Article 11(Grounds for disqualification of executive officers) #

Article 12(Dismissal of executive officers) #

Article 13(Restrictions on holding concurrent offices by executive officers and employees) #

Article 14(Board of directors) #

Article 15(Appointment and dismissal of employees) #

Article 16(Legal fiction as public officials for purposes of applying penalty provisions) #

Article 17(Business of the Service) #

Article 18(Special cases concerning housing construction projects) #

Article 19(Supervision over the Service) #

Article 20(Accounting of the Service) #

Article 21(Revenues and expenditures of the Service) #

Article 22(Disposal of surplus) #

Article 23(Entrustment of affairs of the Service) #

Article 24(Application mutatis mutandis of the Civil Act) #

Article 25(Calculation of length of service) #

Article 26(Method of aggregating length of service) #

Article 27(Methods for including period of service before appointment) #

Article 28(Benefits) #

Article 29(Confirmation of grounds for benefits and determination of benefits) #

Article 30(Basis for calculation of amount of benefits) #

Article 31(Order of priority of survivors) #

Article 32(Coexistence of survivors in the same order of priority) #

Article 33(Special cases concerning recipients of benefits) #

Article 34(Period and timing for payment of pensions) #

Article 35(Adjustment of amount of pension) #

Article 36(Special cases concerning payment of pension) #

Article 37(Recovery of benefits) #

Article 38(Payment after deduction of unpaid amounts) #

Article 39(Protection of rights) #

Article 40(Adjustment among benefits) #

Article 41(Adjustment to benefits under other statutes or regulations) #

Article 42(Right to claim damages against third party) #

Article 43(Retirement pension or lump-sum retirement pension) #

Article 44(Loss of entitlement to receive retirement pension) #

Article 45(Persons entitled to divided pension) #

Article 46(Special cases concerning payment of divided pension) #

Article 47(Relationship between divided pension and retirement pension) #

Article 48(Special case concerning claim for divided pension) #

Article 49(Division of lump-sum retirement pension) #

Article 50(Suspension of payment of retirement pension or early retirement pension) #

Article 51(Lump-sum retirement benefit) #

Article 52(Retirement benefits for missing persons) #

Article 53(Linkage of retirement benefits relating to corporatization) #

Article 54(Retirement survivors' pension and additional payments for retirement survivors' pension) #

Article 55(Amounts of retirement survivors' pension and additional payments for retirement survivors' pension) #

Article 56(Retirement survivors' pension payable in cases of missing persons) #

Article 57(Loss and transfer of entitlement to retirement survivors' pension) #

Article 58(Lump-sum retirement survivors' benefit) #

Article 59(Non-duty-related disability pension or non-duty-related disability lump-sum benefit) #

Article 60(Revision of disability grades for non-duty-related disability pensions) #

Article 61(Suspension of payment of non-duty-related disability pension) #

Article 62(Retirement allowance) #

Article 63(Restrictions on benefits due to intention or gross negligence) #

Article 64(Restrictions on benefits for failure to undergo diagnosis) #

Article 65(Restrictions on benefits due to punishment) #

Article 66(Principles governing sharing of costs) #

Article 67(Member contributions) #

Article 68(Collection of member contributions) #

Article 69(Collection of member contributions in cases of transfer) #

Article 70(Management of overpaid or unpaid member contributions) #

Article 71(State pension contributions and supplementary State contributions) #

Article 72(Accumulation of actuarial reserves) #

Article 73(State contributions for retirement allowances) #

Article 74(Transfer of pension amounts) #

Article 75(Bearing of expenses for student loans) #

Article 76(Establishment and creation of the Public Officials Pension Fund) #

Article 77(Management and operation of the Fund) #

Article 78(Contributions to and investments of the Fund) #

Article 79(Public Officials Pension Management Committee) #