ENFORCEMENT DECREE OF THE PUBLIC OFFICIALS PENSION ACT

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ENFORCEMENT DECREE OF THE PUBLIC OFFICIALS PENSION ACT — 법갈피

Article 4(Scope of income and non-taxable income) #

(1) The scope of income under Article 3(1)4 of the Act shall be the remuneration for the preceding year received after having been in office for a certain period in accordance with the statutes, the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decrees, relating to the remuneration of public officials (hereinafter referred to as "statutes, regulations, etc. relating to the remuneration of public officials"); provided, where the Minister of Personnel Management deems it inappropriate to include certain income in the income for calculating member contributions and benefits due to changes in the types of allowances, whether they are taxable, etc., he or she may determine the scope of income differently.

(2) Among the incomes under paragraph (1), the following incomes shall be the amount (if the amount is less than 1,000 won, it shall be deemed 1,000 won) calculated by dividing the total amount paid to the relevant public officials by type, grade, and rank (including a class equivalent thereto; hereinafter the same shall apply) [including only the amount paid to persons who served continuously from January 1 to December 31 of the preceding year] by the total number of the relevant public officials by type, grade, and rank as of the end of the year (including only those who served continuously from January 1 to December 31 of the preceding year); in such cases, the classification of the types, grades, and ranks of public officials shall be determined by the Minister of Personnel Management:

1. Performance-based annual salaries, performance-based bonuses, bonuses, performance-based benefits under the statutes, regulations, etc. relating to the remuneration of public officials, or any remuneration equivalent thereto;

2. Overtime allowances (limited to overtime work allowances, night work allowances, and holiday work allowances) under the statutes, regulations, etc. relating to the remuneration of public officials, or any benefits equivalent thereto;

3. Compensation for unused annual leave under the statutes, regulations, etc. relating to the remuneration of public officials, or any remuneration equivalent thereto.

(3) The scope of non-taxable income under Article 3(1)4 of the Act shall be the non-taxable income for the preceding year under subparagraph 3 of Article 12 of the Income Tax Act.

Article 5(Determination of standard monthly income) #

(1) The standard monthly income defined in Article 3(1)4 of the Act shall be calculated according to the following classifications:

1. Where a person has served continuously from January 1 to December 31 of the preceding year: (The amount obtained by excluding non-taxable income under Article 4(3) from the income under Article 4(1) and (2) ÷ 12) × (1 + the rate of increase in remuneration for public officials under paragraph (4));

2. Where a person has not served continuously from January 1 to December 31 of the preceding year, or where the preceding year includes a period during which he or she served for hours shorter than the normal working hours [hereinafter referred to as "period of part-time work"] due to the conversion to part-time work under Article 57-3 of the Decree on the Appointment of Public Officials: The amount calculated under Article 6 or 7.

(2) Notwithstanding paragraph (1), where a ground for benefits arises before the standard monthly income for the relevant year based on the income for the preceding year is determined and applied (referring to the period from January to April of the relevant year), the amount obtained by adding the amount under subparagraph 2 to the amount under subparagraph 1 shall be the standard monthly income for the relevant year in which the ground for benefits arises:

1. The amount calculated under paragraph (1)1 - [(the amount obtained by excluding non-taxable income under Article 4(3) from the amount under Article 4(2) ÷ 12) × (1 + the rate of increase in remuneration for public officials under paragraph (4))];

2. (The amount obtained by excluding non-taxable income under Article 4(3) from the amount under Article 4(2), which formed the basis of the standard monthly income for the preceding year, ÷ 12) × (1 + the rate of increase in step for the preceding year by type, grade, and rank of public officials)

(3) Notwithstanding paragraphs (1) and (2), where a ground for benefits (excluding retirement pension, early retirement pension, and retirement survivors' pension) arises in the relevant year after the monthly salary has increased due to promotion, transfer, reassignment, etc., the standard monthly income for calculating such benefits shall be the amount obtained by adding the amount under subparagraph 2 to the amount under subparagraph 1; provided, in the case of a retirement allowance, the standard monthly income shall be the amount obtained by adding the amount under subparagraph 3 to the amount under subparagraph 1: <Amended on Jul. 7, 2025>

1. The standard monthly income calculated under paragraph (1) or (2) (referring to the standard monthly income for the month in which the date the ground for benefits arises falls);

2. [The increased portion of the monthly salary due to promotion, transfer, reassignment, etc. (in the case of a public official subject to the annual salary system, referring to the increased portion of the amount equivalent to the monthly salary under Article 2(1) of the Addenda to the partially amended Public Officials Remuneration Regulations (Presidential Decree No. 20537))] × [(the number of months for which the monthly salary has increased) ÷ 12];

3. The increased portion of the monthly salary due to promotion, transfer, reassignment, etc. (in the case of a public official subject to the annual salary system, referring to the increased portion of the amount equivalent to the monthly salary under Article 2(1) of the Addenda to the partially amended Public Officials Remuneration Regulations (Presidential Decree No. 20537)).

(4) Notwithstanding paragraphs (1) through (3), the standard monthly income under the proviso of Article 30(1) of the Act shall be the amount obtained by adding the amount under subparagraph 2 to the amount under subparagraph 1; provided, in the case of a public official subject to the annual salary system (excluding those newly appointed as a public official subject to the annual salary system by promotion, etc.), the standard monthly income shall be the amount obtained by adding the amount under subparagraph 3 to the amount under subparagraph 1: <Added on Jul. 7, 2025>

1. The standard monthly income calculated under paragraphs (1) through (3) (referring to the standard monthly income for the month in which the date the ground for benefits arises falls);

2. The increased portion of the monthly salary due to appointment by promotion, etc. under the proviso of Article 30(1) of the Act (in the case of a public official newly becomes subject to the annual salary system by promotion, etc., referring to the increased portion of the monthly salary calculated by deeming that the person has been promoted according to the grade and step system applicable to public officials subject to the step-based salary system);

3. The amount calculated by dividing by 12 the amount obtained by multiplying the amount falling under each subparagraph of Article 37(2) of the Public Officials Remuneration Regulations (where a person becomes subject to the job performance-based annual salary system by promotion, etc., referring to the duty-based pay amount corresponding to Grade B of high-ranking public officials under Article 68 of that Decree and subparagraphs 1 and 2 of Appendix 40) by 66 percent.

(5) The Minister of Personnel Management shall give public notice of the rate of increase in remuneration for public officials in the Official Gazette by January 25 each year. <Amended on Jul. 7, 2025>

Article 22(Calculation of amount to be returned) #

(1) When calculating the amount to be returned, the calculation period for interest to be collected in addition to the amount of benefits to be returned shall be the number of months from the month following the month in which the benefits were paid to the month in which the date on which the application for aggregation of length of service is received by the Service falls; such interest shall be included in the amount of benefits on a yearly basis, and the amount of interest thereafter shall be calculated on the basis of such amount; provided, if payment is made in installments under Article 26(3) of the Act, the calculation period for interest to be added again shall be from the month following the month in which the aggregation of length of service is recognized to the month in which installment payments end, and the amount payable per installment shall be the amount obtained by equally dividing the principal and interest by the number of installments.

(2) “Interest prescribed by Presidential Decree” in the main clause of Article 26(2) of the Act means interest calculated, for the interest calculation period, by applying the interest rate calculated in accordance with the following subparagraphs, based on the time deposit interest rates as of January 1 of each relevant year applied by banks established under the Banking Act whose business area covers the entire nation (hereinafter referred to as “nationwide banks”): <Amended on Jul. 7, 2025>

1. The amount to be returned of a lump-sum retirement benefit: The average of the time deposit interest rates;

2. The amount to be returned of a lump-sum retirement pension and a lump-sum retirement pension after deductions: The highest of the time deposit interest rates.

(3) "Interest prescribed by Presidential Decree" in the latter part of Article 26(3) of the Act refers to interest calculated by applying the interest rate determined in accordance with the subparagraphs of paragraph (2), on the basis of the interest rates on time deposits applied by nationwide banks as of January 1 of the year in which approval for the aggregation of the length of service was granted; provided, where the difference between the interest rate applied during installment payments and the interest rate at the time of such approval is at least 2 percentage points, the increased or decreased rate shall be applied in calculating interest. The same shall apply where, during installment payments, there is a further increase or decrease of at least 2 percentage points compared with the changed rate. <Amended on Jul. 7, 2025>

(4) If the amount to be returned is not paid by the payment deadline prescribed in Article 21(1), the calculation period for interest for arrears shall be the period of arrears (calculated on a daily basis), and the applicable interest rate shall be twice the highest interest rate among the interest rates on time deposits with a maturity of 1 year applied by nationwide banks as of January 1 of each relevant year during the calculation period for interest for arrears.

Article 33(Investigation of personal affairs of pension recipients) #

(1) To identify any changes in status affecting benefits in the form of a pension under Article 93 of the Act, the Service may request the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the place of residence or place of registration of a pension recipient to conduct an investigation into his or her personal affairs.

(2) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu, upon receipt of a request for investigation under paragraph (1), shall conduct the investigation without delay and notify the Service of the results thereof.

(3) Under Article 93(1) and (2) of the Act, the Service may, to verify any change to or extinguishment of entitlement, conduct investigations of a pension recipient or his or her family members, etc. regarding matters such as whether the pension recipient has died or divorced, maintains his or her livelihood, or fulfills his or her child-rearing responsibilities, or may request the submission of relevant materials. <Amended on Jun. 22, 2021>

(4) A pension recipient residing in a foreign country shall, as of May 31 of each year, submit to the Service by June 30 of that year documents stating changes in his or her status, after obtaining confirmation from the head of the diplomatic mission abroad (if no diplomatic mission abroad has been established in that country, from the head of a diplomatic mission abroad located in an adjacent country; hereafter in this paragraph the same shall apply); provided, submission of documents prescribed by the Service that verify the identity of the pension recipient, issued by the Government, a public institution, or a hospital of the country of residence, such as a certificate of entry and exit or a tax filing certificate, may substitute for confirmation by the head of the diplomatic mission abroad. <Amended on Jul. 7, 2025>

(5) If a pension recipient fails to submit the materials under paragraph (3) or (4) without good cause, the Service may suspend the payment of benefits under Article 93(5) of the Act. In such cases, the Service shall notify the pension recipient or his or her family members, etc. in advance, before suspending the payment of benefits, that the payment of benefits may be suspended if the materials under paragraph (3) or (4) are not submitted.

(6) The Service shall resume the payment of benefits immediately after the reason for suspension of the payment of benefits under paragraph (5) is resolved.

Article 34(Recovery of benefits) #

(1) The interest and expenses of recovery that shall be collected in addition to the amount of benefits under the latter part, with the exception of the subparagraphs, of Article 37(1) of the Act shall be as follows; in such cases, the period for calculating the interest to be added to the amount of benefits shall be from the day following the day on which the benefits are received to the day on which the amount of benefits to be recovered and the interest thereon (hereinafter referred to as the “amount to be recovered”) are determined and publicly notified; such interest shall be added to the amount of benefits on a yearly basis, and the interest accrued thereafter shall be calculated based on such amount:

1. Interest: The amount calculated by applying, for each relevant year, the highest interest rate among the time deposit interest rates applied by nationwide banks as of January 1 of that year;

2. Expenses of recovery: The amount determined by the Service as travel expenses necessary for investigations relating to the recovery of benefits and other expenses incurred in such recovery.

(2) If a person liable to pay an amount to be recovered fails to pay it by the deadline under the latter part, with the exception of the subparagraphs, of Article 37(1) of the Act, the late-payment interest shall be the amount calculated by applying, during the period for calculating late-payment interest, an interest rate equivalent to twice the highest interest rate among the time deposit interest rates applied by nationwide banks as of January 1 of each relevant year. In such cases, if the amount to be recovered is not paid by the deadline, the period for calculating late-payment interest shall be from the day following the deadline to the day on which the amount to be recovered is paid.

(3) If a person who has received benefits or the head of an agency dealing with pensions discovers any fact falling under any subparagraph of Article 37(1) of the Act, he or she shall, without delay, file a report with or notify the Service of such fact.

(4) If the Service discovers any reason for recovery of benefits through a report or notification under paragraph (3) or by any other means, it shall conduct an investigation without delay, send a written notice of return of the amount to be recovered to the person who has received the benefits, and notify the head of the agency dealing with pensions of such fact.

(5) A person who has received a written notice of return under paragraph (4) shall pay the amount to be recovered within 30 days from the date of receipt of the written notice; provided, in cases falling under Article 37(1)2 and 3, he or she may submit an application for installment payments of the amount to be recovered to the Service, obtain approval therefrom, and make monthly installment payments from the month following the month in which the date of approval falls, within the range classified as follows:

1. Where the amount to be returned is less than 10 million won: 20 installments;

2. Where the amount to be returned is at least 10 million won but less than 20 million won: 40 installments;

3. Where the amount to be returned is at least 20 million won: 60 installments.

(6) Interest to be added where installment payments are made under the proviso, with the exception of the subparagraphs, of paragraph (5) (excluding cases falling under Article 37(1)3 of the Act where benefits are erroneously paid from the outset due to a mistake of, or omission by, the head of an agency dealing with pensions or the Service) shall be calculated by applying the interest rate under paragraph (1)1 to the amount to be recovered payable during the period of installment payments. In such cases, the amount per installment shall be the amount obtained by equally dividing the principal and interest by the number of installments.

(7) If a person who has obtained approval for installment payments of an amount to be recovered under the proviso, with the exception of the subparagraphs, of paragraph (5) is in arrears on installment payments for 3 months or more, the Service may revoke the approval of installment payments and recover the amount to be recovered and the late-payment interest in a lump sum.

(8) If the whole amount to be returned is not paid by the deadline prescribed in the main clause, with the exception of the subparagraphs, of paragraph (5) (in cases of installment payments under the proviso, with the exception of the subparagraphs, of that paragraph, referring to the deadline for payment of the last installment), or if the amount to be recovered and the late-payment interest are recovered in a lump sum under paragraph (7), the Service shall collect them in the same manner as delinquent national taxes are collected under Article 37(2) of the Act.

Article 47(Suspension of payment of retirement pension, early retirement pension, or disability pension for reasons other than official duties) #

(1) If a recipient of a retirement pension, early retirement pension, or non-duty-related disability pension (hereafter in this Article referred to as "recipient of a retirement pension, etc.") is appointed to or retires from office as a public official, a member of the armed forces, or a private school teacher or staff member subject to the application of the Act, the Military Pension Act, or the Pension for Private School Teachers and Staff Act, he or she shall, within 10 days from the date thereof, submit a report on reappointment or re-retirement to the Service, after obtaining confirmation thereon from the head of an agency dealing with pensions or the head of the institution to which he or she belongs.

(2) The monthly income amount under the former part, with the exception of the subparagraphs, of Article 50(3) of the Act shall be calculated by dividing the amount of income accrued from January 1 to December 31 (amounts of less than 10,000 won shall not be included) by the number of months during which the income accrues. <Amended on Mar. 16, 2021>

(3) If, under the former part, with the exception of the subparagraphs, of Article 50(3) of the Act, the monthly income for the pertinent year exceeds the monthly average pension amount of the preceding year, the payment of a retirement pension, early retirement pension, or non-duty-related disability pension (hereafter in this Article referred to as "retirement pension, etc.") shall be partially suspended; provided, the initial amount to be suspended shall be calculated by applying the monthly average pension amount of the preceding year, and settled after the final return on the tax base is filed under paragraph (5).

(4) The Service shall suspend the payment of retirement pension, etc. for the pertinent year based on materials provided by State agencies, etc. under Article 93(3) of the Act; provided, if it is not possible to verify the income of a recipient of retirement pension, etc. with the materials provided by State agencies, etc., the payment of retirement pension, etc. shall be suspended based on the income of the preceding year or the year immediately preceding the preceding year.

(5) If the payment of retirement pension, etc. is suspended under Article 50 of the Act, the Service shall determine the amount of pension payment to be suspended for the pertinent year after the final return on the tax base is filed under Article 70 of the Income Tax Act, and shall add or deduct the settlement difference when it pays retirement pension, etc. in the following month and thereafter; provided, if a recipient of retirement pension, etc. requests an adjustment of the amount to be suspended by submitting an application for adjustment, together with objective materials evidencing the income for the pertinent year, the amount to be suspended may be adjusted before the final return on the tax base is filed. <Amended on Mar. 16, 2021>

(6) If it is confirmed that a recipient of retirement pension, etc. has no income other than retirement pension, etc. in the month in which the settlement difference under the main clause of paragraph (5) is deducted, the settlement difference shall be deducted within 20 percent of the relevant monthly pension.

(7) The average standard monthly income of all public officials for the preceding year under the proviso, with the exception of the subparagraphs, of Article 50(1) of the Act shall apply from January through December of the pertinent year, based on the amount calculated in May of the preceding year.

Article 52(Application for transfer of entitlement to retirement survivors' pension) #

If the whereabouts of a person entitled to a retirement survivors' pension are unknown for at least 1 year, or such entitlement is lost, and a survivor in the same order of priority or the next order of priority intends to receive the retirement survivors' pension under Article 56 or 57(2) of the Act, the relevant survivor shall submit an application for transfer of entitlement to retirement survivors' pension to the Service, along with the following documents: <Amended on Jul. 7, 2025>

1. A document evidencing that the applicant is a survivor of the person entitled to a retirement pension or early retirement pension;

2. Where the application is filed by a representative among survivors in the same order of priority, a document evidencing that the applicant is the representative of the survivors under Article 27;

3. Documents classified according to the following items:

a. A document evidencing that the whereabouts of the person entitled to the retirement survivors' pension have been unknown for at least 1 year: A document confirmed by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of the Si/Gun/Gu, or the chief of a police station;

b. A document evidencing the loss of the entitlement: Documents classified according to the following items:

1) If the person dies or remarries, if his or her kinship with the deceased person who was a public official is terminated, or if a child or grandchild who does not have a disability becomes 19 years of age: A certificate on the recorded matters of family relations or a certified copy of resident registration;

2) If a child or grandchild 19 years of age or older who had been in a disability status is no longer in such status: A document proving the degree of disability, such as a registration certificate for a person with a disability under Article 32 of the Act on Welfare of Persons with Disabilities, or a document proving that registration as a person with a disability has been revoked under Article 32-3 of that Act.

Article 59-2(Reduction of retirement survivors' benefits due to failure to fulfill child-rearing responsibilities) #

(1) If a survivor of a person who is or was a public official intends to apply for a restriction on retirement survivors' benefits against a person who has failed to fulfill his or her child-rearing responsibilities toward such public official under Article 63(4) of the Act (hereafter in this Article referred to as "person subject to deliberation on restriction on benefits"), the survivor shall file an application for restriction on benefits with the Service, together with the following documents:

1. A document evidencing that the claimant is a person who is or was a public official;

2. A document evidencing that the claimant is the representative of the survivors, if the claim is filed by the representative among the survivors in the same order of priority;

3. A document evidencing that the person subject to deliberation on restriction on benefits has failed to fulfill his or her child-rearing responsibilities.

(2) Upon receipt of an application filed under paragraph (1), the Service shall notify the person subject to deliberation on restriction on benefits of such fact, receive documents evidencing the fulfillment of child-rearing responsibilities from him or her, verify and investigate the facts, and send the results, together with the application and attached documents under paragraph (1), to the Minister of Personnel Management.

(3) Upon receipt of the application and other documents under paragraph (2), the Minister of Personnel Management shall decide whether to restrict benefits and the rate of reduction following deliberation by the Public Officials' Accident Compensation Deliberative Committee under Article 6 of the Public Officials' Accident Compensation Act; provided, if the person subject to deliberation on restriction on benefits has received a decision restricting accident benefits for survivors under Article 44(4) of the Public Officials' Accident Compensation Act, the deliberation of the Public Officials' Accident Compensation Deliberative Committee may be omitted.

(4) If the Minister of Personnel Management decides whether to restrict benefits and the rate of reduction under paragraph (3), he or she shall send the written decision to the applicant, the person subject to deliberation on restriction on benefits, and the Service.

(5) Upon receipt of the written decision under paragraph (4), the Service shall calculate and pay benefits to the person subject to deliberation on restriction on benefits accordingly; in such cases, the amount of benefits not paid to such person under paragraph (4) shall be paid according to the following classification:

1. Where there is a person in the same order of priority as the person subject to deliberation on restriction on benefits: If only 1 such person exists, the entire amount shall be paid to that person, and if there are 2 or more such persons, the amount shall be divided equally among them;

2. Where there is no person in the same order of priority as the person subject to deliberation on restriction on benefits:

a. Where the entire amount of benefits is not paid: If there is 1 person in the next order of priority, the entire amount shall be paid to such person, and if there are multiple persons in the next order of priority, the amount shall be divided and paid equally;

b. Where part of the benefits is not paid: Unpaid.

(6) When determining the non-fulfillment of child-rearing responsibilities toward a current or previous public official, matters specified in Appendix 5 shall be taken into consideration.

[This Article Added on Jun. 22, 2021]

Article 61(Reduction of retirement benefits and retirement allowance due to punishment) #

(1) If a person who is or was a public official falls under any subparagraph of Article 65(1) of the Act, retirement benefits and retirement allowances shall be paid after being reduced in accordance with the following classifications; in such cases, a retirement pension or early retirement pension shall not be reduced until the month in which the date on which the ground for reduction occurs falls.

1. A person falling under Article 65(1)1 or 2 of the Act:

a. Retirement benefits for a person whose length of service is less than 5 years: 1/4;

b. Retirement benefits for a person whose length of service is at least 5 years: 1/2;

c. Retirement allowances: 1/2;

2. A person falling under Article 65(1)3 of the Act:

a. Retirement benefits for a person whose length of service is less than 5 years: 1/8;

b. Retirement benefits for a person whose length of service is at least 5 years: 1/4;

c. Retirement allowances: 1/4.

(2) The interest to be paid additionally to the amount reduced under Article 65(2) of the Act shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year; and the interest for the period from the month following the month in which the date on which the partially reduced retirement benefits or retirement allowances are paid falls until the month in which the date on which the reason for the reduction of the amount ceases to exist falls shall be included in the reduced amount on an annual basis, and the amount of interest thereafter shall be calculated based on such amount.

(3) A person who intends to receive an amount reduced under Article 65(2) of the Act shall submit to the Service a claim for reduced retirement benefits or a claim for reduced retirement allowances, along with documents classified as follows:

1. In cases falling under Article 65(1)1 of the Act: A copy of a final and conclusive court judgment or a certificate of final criminal judgment;

2. In cases falling under Article 65(1)2 or 3 of the Act: A copy of a judgment or a copy of a resolution where a disposition of removal from office or dismissal due to impeachment or disciplinary action has been rendered invalid, revoked, or modified by a judgment or decision of a court, etc.;

3. Any other materials evidencing that the grounds for reduction of benefits have ceased to exist retroactively.

If, under Article 65(3) of the Act, an investigation is under way or a criminal trial is pending against a person who is or was a public official for a criminal act punishable by imprisonment without labor or a heavier punishment for a reason arising during the length of service (excluding cases arising from negligence not related to his or her duties and cases arising from negligence committed in the course of complying with a lawful official order of his or her superior), 3/4 of the amount of a lump-sum retirement benefit shall be paid first to a person whose length of service is less than 5 years, and 1/2 of the amount of retirement allowances and a lump-sum retirement pension, a lump-sum retirement pension after deductions, or a lump-sum retirement benefit shall be paid first to a person whose length of service is at least 5 years. <Amended on Dec. 29, 2020>

1. Deleted; <Dec. 29, 2020>

2. Deleted; <Dec. 29, 2020>

3. Deleted. <Dec. 29, 2020>

(5) The amount remaining after the preferential payment under paragraph (4) shall be paid when a person who is or was a public official whose payment has been suspended under Article 65(3) of the Act falls under any of the following; provided, in cases falling under subparagraph 1, if an investigation procedure for the relevant case is under way again after a decision of non-referral or non-prosecution has been made, or if a criminal trial is pending because a prosecution has been instituted for the relevant case, the remaining amount shall not be paid: <Added on Dec. 29, 2020>

1. When he or she is subject to a non-referral or non-prosecution;

2. When he or she is not sentenced to imprisonment without labor or a heavier punishment;

3. When a court has rendered a judgment suspending the sentence of imprisonment without labor or a heavier punishment and the period of such suspension has expired.

(6) The interest to be added to the remaining amount under the latter part of Article 65(3) of the Act shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year; the interest for the period from the month following the month in which part of the retirement benefits or retirement allowances is paid until the month in which the ground for payment of the remaining amount occurs shall be added to the remaining amount on an annual basis, and interest thereafter shall be calculated on the basis of the remaining amount. <Amended on Dec. 29, 2020>

(7) A person who intends to receive the remaining amount under the main clause of paragraph (5) shall submit to the Service a claim for the remaining retirement benefits or remaining retirement allowances, along with documents classified as follows: <Amended on Jul. 14, 2020; Dec. 29, 2020>

1. In cases falling under paragraph (5)1: A decision of non-referral issued by the head of the competent police agency, or a decision of non-prosecution issued by the Director-General of the Corruption Investigation Office for High-ranking Officials or the head of the competent public prosecutor's office;

2. In cases falling under paragraph (5)2 or 3: A certificate of final criminal judgment issued by the Director-General of the Corruption Investigation Office for High-ranking Officials or the head of the competent public prosecutor's office.

(8) Even if the length of service before reappointment of a person whose retirement benefits have been reduced under paragraph (1) is added to the length of service after reappointment under Article 25(2) of the Act, the retirement benefits attributable to the length of service before reappointment shall be paid after being reduced in the same manner as before such addition. <Added on Mar. 16, 2021>

(9) If the head of an agency dealing with pensions becomes aware that a person who is or was a public official under his or her jurisdiction falls under Article 65 of the Act, he or she shall, without delay, notify the Service of such fact. <Amended on Dec. 29, 2020; Mar. 16, 2021>

Article 67(State pension contributions and supplementary State contributions) #

(1) “Remuneration budget prescribed by Presidential Decree” in the main clause of Article 71(1) of the Act refers to the total budget appropriated for the remuneration and allowances of public officials under statutes, regulations, etc. relating to the remuneration of public officials and for other benefits payable to public officials, and the method of calculation thereof shall be determined by the Minister of Personnel Management.

(2) Under the proviso of Article 71(1) of the Act, the supplementary State contributions to be borne by the State or a local government shall be the amount obtained by subtracting the amount under subparagraph 2 from the amount under subparagraph 1, or the amount obtained by adding the amount under subparagraph 3 to the amount under subparagraph 1:

1. The amount expected to be insufficient to cover the expenditures for retirement benefits and retirement survivors’ benefits (including all expenses incurred in processing retirement benefits and retirement survivors’ benefits; hereafter in this Article referred to as “total amount of benefits”) out of the benefits under Article 28 of the Act with the member contributions and State pension contributions paid in the relevant year;

2. The amount by which the total amount of member contributions, State pension contributions, and supplementary State contributions for the year immediately preceding the previous year exceeds the total amount of benefits for that year;

3. The amount by which the total amount of benefits for the year immediately preceding the previous year falls short of the total amount of member contributions, State pension contributions, and supplementary State contributions for that year.

(3) The supplementary State contributions to be borne by the State or a local government under paragraph (2) shall be borne by each account under its jurisdiction, and the amount thereof shall be calculated by multiplying the ratio obtained by dividing the supplementary State contributions calculated under paragraph (2) by the total remuneration budget for the relevant year (calculated up to the third decimal place; hereafter in this Article referred to as the “supplementary State contribution burden ratio”) by the remuneration budget for the relevant year of each such account; provided, the supplementary State contributions to be borne by the State shall be borne from the general account under the jurisdiction of the Ministry of Personnel Management.

(4) The Service shall notify the State and local governments of the supplementary State contribution burden ratio before the compilation of the budget for each fiscal year so that such ratio may be reflected therein.

(5) The State and a local government shall reflect the pension contributions and supplementary State contributions under paragraphs (1) and (2) (hereinafter referred to as "State pension contributions, etc.") in the budget of each account for appropriating the budget for remuneration and shall pay them to the Service.

(6) The head of an agency that pays State pension contributions, etc. shall submit a remuneration budget to the Service in any of the following cases:

1. Where the budget for the following year is approved;

2. Where a supplementary revised budget is compiled and finalized.

(7) If a remuneration budget is changed under paragraph (6)2, the Service shall calculate the increased or decreased amount of State pension contributions, etc. and notify the head of the relevant agency thereof.

(8) The head of an agency who has received a notification under paragraph (7) shall add or subtract the relevant amount when paying the State pension contributions, etc. for the next term; provided, if there is any increase or decrease in the last term of the relevant year, the State pension contributions, etc. shall be paid by the end of that term after adding or subtracting the increased or decreased amount.

(9) The head of the State or a local government shall submit to the Service the statement of settlement of accounts for the relevant expenditure budget after the end of the fiscal year.

(10) The interest to be added under Article 71(7) of the Act shall be calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year, and such interest shall be compounded each fiscal year.

Article 71(Transfer of pension amounts) #

(1) If a recipient of a veterans’ pension, a retirement pension, or an early retirement pension under the Military Pension Act or the Pension for Private School Teachers and Staff Act is appointed as a public official and, under Article 26 of the Act, is allowed to aggregate the length of service or period of service under the relevant Pension Act, and thereafter retires or dies, the Service shall, without delay, request the Minister of National Defense or the Korea Teachers Pension under the Pension for Private School Teachers and Staff Act (hereafter referred to as the “Korea Teachers Pension”) to transfer an amount equivalent to the amount of benefits under the former part of Article 74 of the Act.

(2) The amount to be transferred by the Minister of National Defense or the Korea Teachers Pension under paragraph (1) shall be the amount of benefits receivable under the Military Pension Act or the Pension for Private School Teachers and Staff Act as at the time the relevant public official retires or dies, under Article 74 of the Act. In such cases, the amount of benefits shall be calculated by deeming that the same type of ground for payment of benefits as that under the Public Officials Pension Act at the time of the retirement or death has arisen equally under the Military Pension Act or the Pension for Private School Teachers and Staff Act (in cases of an early retirement pension, referring to the amount obtained by reducing the veterans’ pension or the retirement pension by the reduction ratio applicable to an early retirement pension under the Public Officials Pension Act).

(3) The Minister of National Defense or the Korea Teachers Pension shall transfer the amount under paragraph (1) to the Service as follows:

1. A veterans’ pension, a retirement pension, an early retirement pension, a survivors’ pension, or a retirement survivors’ pension: The amount shall be transferred semiannually, with the portion for the first half-year transferred by March 31 and the portion for the second half-year transferred by September 30;

2. Benefits under Article 33 of the Act, a lump-sum payment received in lieu of a pension under Article 36 of the Act, and additional payments for retirement survivors’ pension and special additional payments for retirement survivors’ pension under Article 54 of the Act: The portion payable for the period from September of the previous year to February of the relevant year shall be transferred by March 31 of the relevant year, and the portion payable for the period from March to August of the relevant year shall be transferred by September 30 of the relevant year.

(4) While receiving semiannual transfers from the Minister of National Defense or the Korea Teachers Pension under Article 74 of the Act and paragraph (3)1 of this Article, the Service shall, at least once a year, investigate whether there is any ground for the extinguishment of, or reduction in, the entitlement to a veterans’ pension, a retirement pension, an early retirement pension, a survivors’ pension, or a retirement survivors’ pension under the Military Pension Act or the Pension for Private School Teachers and Staff Act, or any other ground affecting such transfer, and shall notify the Minister of National Defense or the Korea Teachers Pension of the results thereof.

(5) If the Minister of National Defense or the Korea Teachers Pension fails to transfer the relevant benefits to the Service within the period specified in paragraph (3), the Service shall require the payment thereof together with interest calculated by applying, for the delayed period, the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year, and such interest shall be compounded each fiscal year.

Article 72(State contributions for student loans) #

(1) The amount of State contributions for student loans to be borne by the State or a local government under Article 75 of the Act shall be as follows:

1. Loans: An amount determined by the Minister of Personnel Management, in consultation with relevant agencies, taking into account the previous year’s loan performance of the State and each local government and the rate of increase in the number of students and the rate of increase in tuition for the relevant year;

2. Expenses incurred in operating student loans: An amount calculated by the Service in proportion to the amounts of loans attributable to each contributing agency.

(2) When the Minister of Personnel Management determines the amounts under paragraph (1), he or she shall notify the relevant State agencies and local governments of the amounts of the State contributions, and the head of an agency who has received such notification shall reflect them in the budget of the relevant agency and shall pay them to the Service.

(3) If the Service temporarily borrows funds from the Public Officials Pension Fund under Article 75(3) of the Act, the interest on such temporary loan shall be calculated by applying, for the borrowing period, the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year.

(4) If the State or a local government fails to settle any overpaid or underpaid State contributions for student loans under the latter part of Article 75(2) of the Act by the payment deadline for the following term (including where the full amount is not paid to the Service by January 31 of the following fiscal year), such amount under the latter part of Article 75(2) shall be treated as the principal, and settlement shall be made by adding interest calculated by applying the highest interest rate among the interest rates of time deposits applied by nationwide banks as of January 1 of each relevant year; such interest shall be compounded each fiscal year.

(5) The Service shall extend student loans to public officials themselves and their children from the State contributions for student loans paid by the State or a local government, in preference to loans from the Public Officials Pension Fund.

(6) Student loans shall be repaid in installments over 4 years after a 2-year grace period, beginning after graduation of the public official who received the loan or his or her child (where the child graduates from a 2-year college and transfers to a 4-year university or college, referring to after graduation from the 4-year university or college), and the person obligated to collect member contributions shall collect the amount from remuneration each month and pay it to the Service; provided, the grace period and the repayment period in cases falling under any of the following subparagraphs shall be as determined by the Minister of Personnel Management: <Amended on Jul. 7, 2025>

1. Where the child of a public official who received a loan withdraws from school before completion;

2. Where the school from which the child of a public official who received a loan graduated is a 2-year college;

3. Where a public official who received a loan retires;

4. Where the repayment periods of student loans for 2 or more children overlap.

(7) Matters necessary for the persons eligible to receive student loans, the amount of, and timing for receiving, a student loan, reimbursement procedures, etc. shall be determined by the Minister of Personnel Management in consultation with the relevant agencies.

Article 74(Fund growth projects and welfare programs for public officials) #

(1) "Fund growth projects or welfare programs for public officials prescribed by Presidential Decree" in Article 77(2)6 of the Act refers to the following: <Amended on Aug. 26, 2025>

1. Fund growth projects as follows:

a. Projects to acquire, dispose of, or hold real estate, or to increase the value or utilization of real estate held;

b. Projects for the acquisition and lending of securities under Article 4 of the Financial Investment Services and Capital Markets Act;

c. Projects for the trading of exchange-traded derivatives and over-the-counter derivatives under Article 5(2) and (3) of the Financial Investment Services and Capital Markets Act;

d. Other projects expected to generate a rate of return not lower than the average of the interest rates of 1-year time deposits applied by nationwide banks;

2. The following welfare programs for public officials:

a. Construction, acquisition, sale, or leasing of housing for public officials;

b. Sports facility business defined in subparagraph 2 of Article 2 of the Installation and Utilization of Sports Facilities Act;

c. Tourist accommodation business or theme park business under Article 3(1)2 or 6 of the Tourism Promotion Act;

d. Operation of hospitals, recreational facilities, nursing facilities, and training facilities for the welfare of public officials; funeral service-related business; shops; and other welfare-related business;

e. Programs to support counseling and education for retirement planning of public officials and support for social participation activities for social contribution.

(2) If necessary for the implementation of the fund growth projects and welfare programs specified in Article 77(2)5 of the Act and paragraph (1) of this Article, the Service may borrow funds on a temporary basis from the State, local governments, financial companies, etc.

(3) If the Service intends to borrow funds under paragraph (2), it shall obtain approval in advance from the Minister of Personnel Management by submitting a written document clearly stating the purpose, amount, terms and conditions, and method of repayment of the funds.

(4) If funds available for the payment of retirement benefits are insufficient due to an unforeseen increase in the amount of retirement benefits, the Service may borrow funds on a temporary basis from financial companies, etc. to cover the shortfall.

Article 85(Formulation and implementation of master plan for welfare of public officials) #

(1) The Minister of Personnel Management shall, in accordance with Article 83(2) of the Act, formulate and implement a master plan for the welfare of public officials (hereinafter referred to as the “master plan”) every 5 years.

(2) The master plan shall include the following:

1. The basic objectives and policy directions of welfare policies for public officials;

2. Research on systems relating to the welfare of public officials;

3. The installation and operation of welfare facilities for public officials;

4. Support for health management of public officials;

5. Support for cultural and athletic activities of public officials;

6. Support for retirement preparation of public officials;

7. The procurement and use of financial resources for welfare programs for public officials;

8. Other matters necessary to promote the welfare of public officials.

(3) The Minister of Personnel Management shall, in accordance with the master plan, formulate and implement an annual implementation plan (hereinafter referred to as the “implementation plan”) by January 31 of each year.

(4) The Minister of Personnel Management may conduct a survey on the status of welfare of public officials in order to efficiently formulate and implement the master plan and the implementation plan.

(5) The Minister of Personnel Management shall notify the heads of central administrative agencies of the master plan and the implementation plan formulated under paragraphs (1) and (3).

(6) The head of a central administrative agency shall, in accordance with the master plan and the implementation plan, formulate a welfare execution plan (hereinafter referred to as the “execution plan”) by the end of February of each year in order to improve the welfare of public officials under his or her jurisdiction and shall submit it to the Minister of Personnel Management.

(7) The Minister of Personnel Management may establish and operate an advisory group composed of relevant experts and stakeholders, etc., in order to conduct professional review of matters relating to the welfare of public officials and to gather the opinions of stakeholders, etc.

(8) Matters necessary for the formulation and implementation of the master plan, the implementation plan, etc., and for the establishment, operation, etc. of the advisory group shall be determined by the Minister of Personnel Management.

Article 91(Welfare programs for retired public officials) #

(1) "Programs prescribed by Presidential Decree, such as the establishment and operation of a mutual aid association for retired public officials and the management of the cash assets of retired public officials" in Article 85 of the Act means the following programs:

1. Establishment and operation of a mutual aid association for retired public officials;

2. Lending funds and leasing office space to a mutual aid association for retired public officials;

3. Fund management programs conducted in accordance with the entrustment, etc. of the management of cash assets by a mutual aid association for retired public officials and by retired public officials;

4. Programs to operate hospitals, sports facilities, recreational facilities, nursing facilities, shops, and other welfare facilities, etc.;

5. Social contribution activities of retired public officials and support therefor;

6. Other programs that the Minister of Personnel Management deems necessary for the welfare of retired public officials.

(2) The interest rate for lending funds and the rental rate for leasing office space to a mutual aid association for retired public officials under paragraph (1)2 shall be as follows:

1. Interest rate on loan funds: Not less than 3 percent per year; in such cases, matters necessary for the specific interest rate, repayment period, collateral, etc. of the loan funds shall be determined by the Minister of Personnel Management;

2. Rental rate for office space: Not less than 2 percent of the property value; provided, it may be provided free of charge if the Minister of Personnel Management deems such provision necessary for the smooth operation of the mutual aid association for retired public officials.

(3) If the management of the cash assets of a mutual aid association for retired public officials and retired public officials under paragraph (1)3 is entrusted to the Service under Article 86 of the Act, the procedures, methods of management, and other necessary matters shall be determined by the Service with the approval of the Minister of Personnel Management.

(4) Article 75 shall apply mutatis mutandis to the lending of funds for the programs under paragraph (1)4.

Article 96(Processing of sensitive information and personally identifiable information) #

If it is unavoidable to conduct the following business affairs under the Act or this Decree, the head of an agency dealing with pensions, the Service (including institutions entrusted with the affairs of the Service under Article 23 of the Act or Article 16 of this Decree), and the Minister of Personnel Management may process data containing information on health under Article 23 of the Personal Information Protection Act, information constituting criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of that Act, and data containing resident registration numbers, passport numbers, driver's license numbers, or alien registration numbers under Article 19 of that Decree, which are included in documents and data submitted under the Act or this Decree: <Amended on Jul. 7, 2025>

1. Business of the Service under Article 17 of the Act;

2. Calculation of the length of service under Article 25 of the Act;

3. Business affairs relating to the confirmation of grounds for benefits and determination and payment of benefits under Article 29 of the Act;

4. Payment of benefits where there is no survivor under Article 33 of the Act;

5. Payment of benefits where a person emigrates to a foreign country or loses his or her Korean nationality under Article 36 of the Act;

6. Recovery of benefits under Article 37 of the Act;

7. Payment after deduction of unpaid amounts under Article 38 of the Act;

8. Adjustments among benefits under Articles 40 and 41 of the Act;

9. Exercise of the right to claim damages against a third party under Article 42 of the Act;

10. Determination and payment of a divided pension, etc. under Articles 45, 48, and 49 of the Act;

11. Suspension of the payment of a pension under Article 50 of the Act;

12. Retirement benefits for missing persons under Articles 52 and 56 of the Act;

13. Linkage of retirement benefits relating to corporatization under Article 53 of the Act;

14. Loss and transfer of the entitlement to retirement survivors' pension under Article 57 of the Act;

15. Revision, etc. of disability grades for non-duty-related disability pensions under Article 60 of the Act;

16. Restrictions on benefits under Articles 63 through 65 of the Act;

17. Collection of member contributions, State contributions, or other expenses under Article 67, 71, 73 or 75 of the Act;

18. Transfer of pension amounts under Article 74 of the Act;

19. Welfare of public officials under Articles 83 through 85 of the Act;

20. Request for examination under Article 87 of the Act;

21. Request, etc. of the Service to submit data under Article 93 of the Act.

ENFORCEMENT DECREE OF THE PUBLIC OFFICIALS PENSION ACT

Article 1(Purpose) #

Article 2(Employees other than regular public officials) #

Article 3(Criteria for recognizing survivors) #

Article 4(Scope of income and non-taxable income) #

Article 5(Determination of standard monthly income) #

Article 6(Standard monthly income of newly employed persons) #

Article 7(Standard monthly income during period of leave of absence) #

Article 8(Period of application of standard monthly income) #

Article 9(Submission of income data and notification of standard monthly income) #

Article 10(Conversion of standard monthly income into present value) #

Article 11(Heads of agencies dealing with pensions and persons obligated to collect member contributions) #

Article 12(Registration of establishment) #

Article 13(Matters to be resolved by the board of directors) #

Article 14(Business operation plans and budget) #

Article 15(Accounting rules) #

Article 16(Scope of entrustment of affairs) #

Article 17(Enactment and amendment of regulations) #

Article 18(Period of service recognized as length of service) #

Article 19(Notification of reasons for reducing length of service) #

Article 20(Procedures for aggregating length of service) #

Article 21(Method of paying amount to be returned) #

Article 22(Calculation of amount to be returned) #

Article 23(Procedures for including period of service before appointment) #

Article 24(Confirmation of grounds for benefits and deliberation on benefits) #

Article 25(Entrustment of authority to determine benefits) #

Article 26(Average amount of standard monthly income of all public officials) #

Article 27(Method of paying benefits to representative of survivors) #

Article 28(Special cases concerning payment of benefits where no survivor exists) #

Article 29(Payment and receipt of benefits) #

Article 30(Issuance of pension certificate) #

Article 31(Payment date of pensions) #

Article 32(Claim for settlement of pensions for reason of emigration or loss of nationality) #

Article 33(Investigation of personal affairs of pension recipients) #

Article 34(Recovery of benefits) #

Article 35(Write-off) #

Article 36(Adjustment to other benefits borne by the State) #

Article 37(Adjustment to third party's compensation for damage) #

Article 38(Application of upper age limit for service) #

Article 39(Confirmation of retirement due to amendment or abolition of organizational structure and authorized staffing levels) #

Article 40(Disability status for receipt of retirement pensions) #

Article 41(Claims for retirement benefits) #

Article 42(Special cases concerning calculation of retirement benefits) #

Article 43(Reporting on loss of entitlement to retirement pension, early retirement pension, and non-duty-related disability pension) #

Article 44(Marriage period excluded from calculation of divided pension) #

Article 45(Procedures for claiming divided pension) #

Article 46(Designation and public notice of invested or funded institutions subject to suspension of payment of whole amount of pension) #

Article 47(Suspension of payment of retirement pension, early retirement pension, or disability pension for reasons other than official duties) #

Article 48(Application to change to type of, or timing of payment of, retirement benefits) #

Article 49(Payment of retirement benefits to missing persons) #

Article 50(Standard monthly income when transferring retirement benefits relating to corporatization) #

Article 51(Claim for retirement survivors' pension, additional payment for retirement survivors' pension, special additional payment for retirement survivors' pension, lump-sum retirement survivors' pension, or lump-sum retirement survivors' benefit) #

Article 52(Application for transfer of entitlement to retirement survivors' pension) #

Article 53(Reporting on loss of entitlement to receive retirement survivors' pension) #

Article 54(Classification of disability grades) #

Article 55(Claim for non-duty-related disability benefits) #

Article 56(Revision of disability grades) #

Article 57(Claim for retirement allowance) #

Article 58(Retirement allowance) #

Article 59(Reduction of benefits due to intention or gross negligence) #

Article 59-2(Reduction of retirement survivors' benefits due to failure to fulfill child-rearing responsibilities) #

Article 60(Reduction of benefits due to failure to undergo diagnosis) #

Article 61(Reduction of retirement benefits and retirement allowance due to punishment) #

Article 62(Basis for calculating expenses incurred in providing benefits) #

Article 63(Payment of member contributions and amount to be returned) #

Article 64(Collection of member contributions from persons reemployed after retirement) #

Article 65(Payment of member contributions by persons taking leave of absence for military service) #

Article 66(Return of overpaid member contributions) #

Article 67(State pension contributions and supplementary State contributions) #

Article 68(State contributions for retirement allowances) #

Article 69(Payment of State pension contributions) #

Article 70(Collection of State pension contributions from grants-in-aids) #

Article 71(Transfer of pension amounts) #

Article 72(State contributions for student loans) #

Article 73(Revenue and expenditure of the Public Officials Pension Fund) #

Article 74(Fund growth projects and welfare programs for public officials) #

Article 75(Lending funds for installation and operation of welfare facilities) #

Article 76(Organization of the Public Officials Pension Management Committee) #

Article 77(Term of office of members of the Management Committee) #

Article 78(Duties of chairperson of the Management Committee) #