Article 44(Reduction of retirement benefits or retirement allowances due to punishment) #
(1) The amount of a retirement benefit or a retirement allowance to be reduced pursuant to Article 27 (2) of the Act, shall be as follows. In this case, a retirement pension or an early retirement pension shall not be reduced until the month in which the date a reason for the reduction arises falls:
1. In cases falling under Article 27 (2) 1 and 2 of the Act:
(a) Retirement benefit of a person whose period of service is less than five years: 1/4 of the corresponding amount;
(b) Retirement benefit of a person whose period of service is at least five years: 1/2 of the corresponding amount;
(c) Retirement allowance: 1/2 of the corresponding amount;
2. In cases falling under Article 27 (2) 3 the Act:
(a) Retirement benefit of a person whose period of service is less than five years: 1/8 of the corresponding amount;
(b) Retirement benefit of a person whose period of service is at least five years: 1/4 of the corresponding amount;
(c) Retirement allowance: 1/4 of the corresponding amount.
(2) Where there exist reasons for the suspension of payment under Article 27 (3) of the Act, only the amount equivalent to 3/4 of the benefits of the lump sum payment for retirement shall be paid first in the case of a person whose period of service is less than five years, while only the amount equivalent to 1/2 of the benefits of the lump sum pension for retirement or the lump sum payment for retirement shall be paid first in the case of a person whose period of service is at least five years: <Amended on Dec. 29, 2020>
1. Deleted; <Dec. 29, 2020>
2. Deleted; <Dec. 29, 2020>
3. Deleted. <Dec. 29, 2020>
(3) When a relevant postmaster submits a written application for retirement benefits or for retirement allowances of a person who falls under paragraph (1) or (2) to the Pension Service Agency after obtaining confirmation from the competent postmaster, he or she shall enter the relevant fact into the written application; provided, when a relevant postmaster comes to learn of the relevant fact only after transferring the written application for retirement benefits or for retirement allowances, he or she shall notify the Pension Service Agency of such fact without delay.
(4) The remaining amount after prioritized payment under paragraph (2) shall be paid when a person whose payment has been suspended under Article 27 (3) of the Act falls under any of the following; provided, in the case of subparagraph 1, the remaining amount shall not be paid if investigative procedures of the relevant case resume after a decision not to forward the case or not to indict is made or a criminal trial is pending due to the institution of a prosecution for the case: <Added on Dec. 29, 2020>
1. Where a person is received a decision not to forward the case or not to indict;
2. Where a person is not subject to imprisonment without labor or heavier punishment;
3. Where a person has been sentenced to imprisonment without labor or heavier punishment with suspension of sentence and for whom the period of the suspension has passed.
(5) Where a person for whom the payment has been suspended in accordance with Article 27 (3) of the Act intends to receive the remaining amount under the main clause of paragraph (4), he or she shall submit a written application for a retirement benefit balance or a retirement allowance balance to the Pension Service Agency, along with the following evidentiary documents: <Amended on Dec. 29, 2020>
1. Where paragraph (4) 1 applies to the person: A written decision not to forward the case issued by the head of the competent police agency or a written decision not to indict issued by the chief of the competent prosecutors' office;
2. Where paragraph (2) 2 or 3 applies to the person: A certificate of criminal trial decision issued by the chief of the competent prosecutors' office.
(6) "Interest prescribed by Presidential Decree" in the latter part of Article 27 (3) of the Act, means an amount of interest estimated adopting a method by which the interest for a given year shall be calculated by applying the highest interest rate among the interest rates on time deposits imposed by national banks as of January 1 of the corresponding year, during a period beginning with the month immediately following the month in which some of retirement benefits or retirement allowances are paid and ending with the month in which the date a reason for paying the balance arises falls, and then shall be added up to the amount of balance on an annual basis so that the amount of interest can be thereafter calculated based on such added amount. <Amended on Dec. 29, 2020>
[This Article Wholly Amended on May 30, 2011]
[Moved from Article 45, previous Article 44 moved to Article 37 <May 30, 2011>]
Article 44-2
[Article 44-2 Moved to Article 43]
Article 44-3
[Article 44-3 Moved to Article 45]
Article 44-4
[Article 44-4 Moved to Article 31]
Article 44-5
[Article 44-5 Moved to Article 38]
Article 44-6
[Article 44-6 Moved to Article 32]
Article 44-7
[Article 44-7 Moved to Article 30]
Article 44-8
[Article 44-8 Moved to Article 47]
Article 44-9
[Article 44-9 Moved to Article 39]
Article 44-10
[Article 44-10 Moved to Article 49]
Article 44-11
[Article 44-11 Moved to Article 41]
Article 44-12
[Article 44-12 Moved to Article 42]
Article 44-13
[Article 44-13 Moved to Article 57]
Article 44-14
[Article 44-14 Moved to Article 40]