Article 18(Adjustment of Overlapping Benefits) #
(1) If two or more separate rights to aggregate benefits under this Act arise for any beneficiary of aggregate benefits, the beneficiary shall be given an option to choose one of such rights to adjust overlapping benefits as follows: <Amended on May 29, 2016>
1. If a right to the benefits of the aggregate old-age pension and a right to the benefits of the aggregate old-age pension for a bereaved family member arise for a beneficiary:
(a) If he or she chooses the right to the benefits of the aggregate old-age pension, he or she is entitled to the amount of aggregate old-age pension, along with 30/100 of the amount of aggregate old-age pension for the bereaved family member;
(b) If he or she chooses the right to the benefits of the aggregate old-age pension for a bereaved family member, he or she is entitled only to the amount of aggregate old-age pension;
2. If two or more separate rights to the benefits of the aggregate old-age pension for a bereaved family member arise for a bereaved family member, he or she is entitled to the amount of aggregate old-age pension that he or she chooses, along with 30/100 of the amount of aggregate old-age pension that he or she does not choose;
3. If a right to the benefits of the aggregate retirement pension and a right to the benefits of the aggregate retirement pension for a bereaved family member arise for a beneficiary, he or she is entitled to the amount of aggregate retirement pension, along with one half of the amount of aggregate retirement pension for the bereaved family member.
(2) If a right to aggregate benefits under this Act and a right to benefits under each applicable pension Act arise in parallel for a beneficiary of aggregate benefits, he or she shall be given an option to choose one of such rights to adjust overlapping rights as follows: Provided, That if a right to any benefits arises in parallel for a beneficiary in addition to the aggregate benefits and the benefits specified in the following subparagraphs, such benefits shall be paid in accordance with the applicable pension Act: <Amended on May 29, 2016>
1. If a right to the benefits of the aggregate old-age pension and a right to the benefits of the pension for a bereaved family member under the National Pension Act arise for a beneficiary:
(a) If he or she chooses the right to the benefits of the aggregate old-age pension, he or she is entitled to the amount of aggregate old-age pension, along with 30/100 of the amount of pension for the bereaved family member;
(b) If he or she chooses the right to the benefits of the pension for the bereaved family member under the National Pension Act, he or she is entitled only to the amount of pension for the bereaved family member;
2. If a right to the benefits of the aggregate retirement pension and a right to the benefits of the pension for a bereaved family member under any law on occupational pensions arise for a beneficiary:
(a) If he or she chooses the right to the benefits of the aggregate retirement pension, he or she is entitled to the amount of aggregate retirement pension, along with one half of the pension for the bereaved family member under the laws on occupational pensions;
(b) If he or she chooses the right to the benefits of the pension for the bereaved family member under the laws on occupational pensions, he or she is entitled only to the amount of pension for the bereaved family member;
3. If a right to the benefits of the aggregate old-age pension for a bereaved family member and a right to the benefits of the pension for a bereaved family member under the National Pension Act arise for a beneficiary:
(a) If he or she chooses the right to the benefits of the aggregate old-age pension for the bereaved family member, he or she is entitled to the amount of aggregate old-age pension for the bereaved family member, along with 30/100 of the pension for the bereaved family member;
(b) If he or she chooses the right to the pension for the bereaved family member under the National Pension Act, he or she is entitled to the benefits of the pension for the bereaved family member, along with 30/100 of the amount of aggregate old-age pension for the bereaved family member;
4. If a right to the benefits of the aggregate old-age pension for a bereaved family member and a right to the benefits of the old-age pension under the National Pension Act arise for a beneficiary:
(a) If he or she chooses the right to the benefits of the aggregate old-age pension for the bereaved family member, he or she is entitled only to the amount of aggregate old-age pension for the bereaved family member;
(b) If he or she chooses the right to the benefits of the old-age pension under the National Pension Act, he or she is entitled to the amount of old-age pension, along with 30/100 of the amount of aggregate old-age pension for the bereaved family member;
5. If a right to the benefits of the aggregate old-age pension and a right to the benefits of the disability pension under the National Pension Act arise for a beneficiary, he or she is entitled only to the amount of pension that he or she chooses;
6. If a right to the benefits of the aggregate old-age pension for a bereaved family member and a right to the benefits of the disability pension under the National Pension Act arise for a beneficiary:
(a) If he or she chooses the right to the benefits of the aggregate old-age pension for the bereaved family member, he or she is entitled only to the amount of aggregate old-age pension for the bereaved family member;
(b) If he or she chooses the right to the benefits of the disability pension under the National Pension Act, he or she is entitled to the amount of disability pension, along with 30/100 of the amount of aggregate old-age pension for the bereaved family member;
7. If a right to the benefits of the aggregate old-age pension for a bereaved family member and a right to the lump-sum refund under the National Pension Act arise for a beneficiary:
(a) If he or she chooses the right to the benefits of the aggregate old-age pension for the bereaved family member, he or she is entitled to the amount of aggregate old-age pension for the bereaved family member, along with the amount determined pursuant to Article 80 (2) of the National Pension Act out of the lump-sum refund;
(b) If he or she chooses the right to the lump-sum refund under the National Pension Act, he or she is entitled only to the payment of the lump-sum refund.
(3) If a right to the benefits of the aggregate retirement pension for a bereaved family member and a right to the benefits of the retirement pension under any law on occupational pensions arise for a beneficiary of aggregate benefits, he or she is entitled to the retirement pension under the applicable laws on occupational pensions, along with 1/2 of the amount of aggregate retirement pension for the bereaved family member.
(4) If a beneficiary of aggregate benefits has chosen the aggregate retirement pension or the pension for a bereaved family member under any law on occupational pensions in accordance with paragraph (2) 2, he or she shall not change the pension that he or she chose to another pension after aggregate benefits or benefits have been paid to him or her.
(5) If two or more rights to benefits under this Act or any pension Act arise for a beneficiary of aggregate benefits, applicable pension laws shall apply mutatis mutandis to the adjustment of such overlapping benefits, except as otherwise provided for in paragraphs (1) through (4).