Public Officials Pension Act (Korea)

Public Officials Pension Act

Published: 2013-03-23

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CHAPTER I GENERAL PROVISIONS

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Article 1 (Purpose)

The purpose of this Act is to contribute to the stability of the lives of public officials and their survivors and the promotion of the welfare thereof, by paying benefits for the retirement, death, or an injury, disease or disability of public officials incurred during his/her service.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 2 (Jurisdiction)

The Minister of Security and Public Administration shall have jurisdiction over matters concerning the operation of the public officials pension system under this Act. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 3 (Definitions)

(1)	The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 10984, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013>

1.	The term "public official" means any of the following persons who serve full-time in a public service job:

(a)	Any public official under the State Public Officials Act, the Local Public Officials Act and other Acts: Provided, That military personnel and public officials elected to office shall be excluded herefrom;

(b)	Other personnel in the State or local governments prescribed by Presidential Decree;

The term "public official who died on duty" means any person who falls under subparagraph 1 and died of a cause directly resulting from an injury sustained as set forth in any of the following items on duty at risk of causing severe danger to his/her life and body: Provided, That any public official who died of a disease not directly resulting from an injury set forth in any of the following items on duty shall be excluded herefrom:

(a)	Any injury incurred by a police officer or investigative officer in apprehending a culprit or suspect;

(b)

Any injury incurred by a police officer in performing guard duty, security escort of important persons, or counter-espionage operations defined in subparagraph 2 of Article 2 of the Act on the Performance of Duties by Police Officers, and any injury incurred in conducting traffic control and prevention of danger and injuries under subparagraph 4 of the same Article;

(c)	Any injury incurred by a counter terrorism special force soldier belonging to the National Police Agency or the Korea Coast Guard in performing his/her duties;

(d)	Any injury incurred by a fire officer in extinguishing fires or rescuing people in a disaster area (including emergency mobilization and return for the said purposes and activities incidental thereto);

(e)

Any injury incurred by a public official placed in a disaster area in rescuing people, extinguishing fires, defending against floods, or conducting salvage operations (including emergency mobilization and return for the said purposes and activities incidental thereto) pursuant to the Framework Act on the Management of Disasters and Safety;

(f)	Any injury incurred by a personnel member of the Presidential Security Service in performing guard duty under the Presidential Security Act;

(g)	Any injury incurred by a personnel member of the National Intelligence Service in apprehending a spy;

(h)	Any injury incurred by a correctional officer in performing a relevant duty in a situation falling under any of the subparagraphs of Article 101 (1) of the Administration and Treatment of Correctional Institution Inmates Act;

(i)	Any injury incurred by a public official in performing duties for curing patients of an infectious disease or preventing the spread of an infectious disease under the Infectious Disease Control and Prevention Act;

(j)	Any injury incurred by a pilot of a forest aviation helicopter in extinguishing forest fires (including emergency mobilization and return for the said purposes and activities incidental thereto);

(k)	Any injury incurred by a public official mobilized to extinguish a forest fire under Article 39 (1) of the Forest Protection Act;

(l)	Any injury incurred by a public official in performing his/her duties related to protecting citizens of the Republic of Korea or cleaning up accidents when an act of God, war, combat, riot, kidnap, terror, infectious disease, or other perilous circumstance occurs in a foreign country;

(m)	Other injury incurred in performing a hazardous duty acknowledged by the Line of Duty Death Compensation Review Committee referred to in Article 75-2 as equivalent to an injury set forth in any of items (a) through (l);

3.	The term "survivor" means any of the following persons who are supported by a present or former public official at the time of his/her death:

(a)	A spouse (limited to a person who is in a conjugal relationship during his/her service, and including a person who has a de facto conjugal relationship);

(b)	A child (excluding offspring born or adopted after the retirement date, but an embryo or fetus at the time of retirement shall be deemed offspring born during his/her service; hereinafter the same shall apply);

(c)	A parent (excluding a parent in cases of adoption after the retirement date);

(d)	A grandchild (excluding a grandchild born or adopted after the retirement date, but an embryo or fetus at the time of retirement shall be deemed a grandchild born during his/her service; hereinafter the same shall apply);

(e)	A grandparent (excluding a grandparent in cases of adoption after the retirement date);

The term "retirement" means any kind of release from office caused by dismissal, resignation, or any other reason except death: Provided, That this shall not apply where a person regains his/her eligibility as a public official on the same day or following day after the eligibility becomes void and has not received retirement benefits and retirement allowances under this Act;

The term "amount of standard monthly income" means the amount calculated by averaging the total amount of annual payment of income earned by serving for a certain period less tax-exempted income divided by 12 months, which forms the basis for calculating the contribution and benefit amounts. In such cases, the extent of income and tax-exempted income, and the method of determining the amount of standard monthly income, the applicable period thereof, etc. shall be determined by Presidential Decree;

The term "average amount of standard monthly income" means the amount computed by dividing the total amount of standard monthly income of each service year after converting such respective amount of monthly income into the current value on the day on which the grounds for the payment of benefits arise, as prescribed by Presidential Decree (where the grounds for the payment of benefits arise due to a retirement or after a retirement, referring to the day preceding the date of retirement; hereinafter the same shall apply) in view of the rate of pay increase of public officials, etc. by the service period: Provided, That the average amount of standard monthly income which forms the basis for computing a retirement pension or an early retirement pension under Article 46 (1) and (2), and a survivors' pension under Article 56 (1) 1 (excluding where a person who was a public official dies while receiving a retirement pension or an early retirement pension, and his/her survivors are to receive a survivors' pension accordingly), means an amount computed by converting the average amount of standard monthly income as at the time the grounds for a pension arisen into the current value at the time of the commencement of the payment of pension, as prescribed by Presidential Decree, in view of the rate of pay increase of public officials, etc.;

7.	The term "head of an agency" means the head of an agency which executes a budget for remuneration, who is prescribed by Presidential Decree;

8.	The term "person liable to collect contributions" means a person prescribed by Presidential Decree who is in charge of budget expenditure affairs;

9.	The term "contribution" means any cost incurred in relation to benefits, which is payable by a public official;

10.	The term "charge" means any cost incurred in relation to benefits, which is payable by the State or a local government.

(2)

Children and grandchildren prescribed in paragraph (1) 3 shall be limited to the following persons. In such cases, grandchildren shall be limited to cases where they do not have fathers or where their fathers are in the status of disability prescribed by Presidential Decree: <Amended by Act No. 11488, Oct. 22, 2012>

1.	Those who are under 19 years of age;

2.	Those who are not less than 19 years of age and in the status of disability determined by Presidential Decree.

(3)	Any embryo or fetus at the time of death of a present or former public official shall be deemed already born as at the time of payment of a pension under this Act.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

CHAPTER II GOVERNMENT EMPLOYEES PENSION SERVICE

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Article 4 (Establishment of the Government Employees Pension Service)

In order to ensure the effective promotion of projects to accomplish the purpose prescribed in Article 1 under the entrustment of the Minister of Security and Public Administration, the Government Employees Pension Service (hereinafter referred to as the "GEPS") shall be established. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 5 (Legal Personality)

The GEPS shall be a juristic person.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 6 (Articles of Incorporation)

(1)	The articles of incorporation of the GEPS shall include the following:

Purpose;

Name;

3.	Matters concerning the principal office and branch offices;

4.	Matters concerning executives and employees;

5.	Matters concerning the board of directors;

6.	Matters concerning services and the implementation thereof;

7.	Matters concerning assets and accounting;

8.	Matters concerning modifications of articles of incorporation;

9.	Matters concerning the enactment, amendment and repeal of regulations or rules;

10.	Matters concerning the method of public notice.

(2)	When the GEPS intends to provide for or amend the articles of incorporation, it shall obtain authorization from the Minister of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 7 (Registration of Incorporation)

The GEPS shall be brought into existence by registration of incorporation at the seat of its principal office.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 8 (Executives)

(1)	The GEPS shall have, as its executives, one president, three standing directors, five or less non-standing directors, and one auditor.

(2)	The term of office of the president shall be three years, whereas the term of office of standing directors, non-standing directors and an auditor shall be two years; the term of office of all the executives may continuously be extended for additional one year.

(3)

The president shall be appointed or dismissed by the President with the recommendation of the Minister of Security and Public Administration, whereas standing directors and non-standing directors shall be appointed or dismissed by the Minister of Security and Public Administration with the recommendation of the president. In such cases, the non-standing directors shall include public officials or former public officials. <Amended by Act No. 11690, Mar. 23, 2013>

(4)	The auditor shall be appointed or dismissed by the President with the recommendation of the Minister of Strategy and Finance.

(5)	Executives under paragraphs (3) and (4) (excluding non-standing directors) shall be appointed from among several persons recommended by the Executive Recommendation Committee under Article 29 of the Act on the Management of Public Institutions.

(6)

Non-standing directors under paragraph (3) shall be appointed from among several persons recommended by the Executive Recommendation Committee under Article 29 of the Act on the Management of Public Institutions after deliberation and resolution by the Committee for Management of Public Institutions under Article 8 of the same Act.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 9 (Duties of Executives)

(1)	The president shall represent the GEPS, and control overall its affairs.

(2)

Standing directors shall take partial charge of the affairs of the GEPS, as prescribed by the articles of incorporation and shall act for and on behalf of the president in accordance with the order prescribed by the articles of incorporation in cases where he/she is not able to perform his/her duties due to an extenuating ground.

(3)	The auditor shall audit and inspect the accounts and business of the GEPS.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 9-2 (Appointment of Agents)

The president may, pursuant to the articles of incorporation, appoint an agent having authority to conduct any and all judicial or extrajudicial acts pertaining to the GEPS's business, from among his/her employees.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 10 (Grounds for Ineligibility of Executives)

No person who falls under any of the following subparagraphs shall serve as an executive of the GEPS:

1.	Any person who is not a national of the Republic of Korea;

2.	Any person who falls under any ground of ineligibility set forth in the subparagraphs of Article 33 of the State Public Officials Act.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 11 (Dismissal of Executives)

(1)	Any executive who falls under any subparagraph of Article 10 or who is found to fall thereunder at the time of appointment, shall retire ex officio from office.

(2)	If an executive falls under any of the following subparagraphs, the person who is authorized to appoint and dismiss him/her may dismiss such executive:

1.	When it is extremely difficult or impossible for him/her to perform his/her duties due to a physical or mental disability;

2.	When he/she causes a loss to the GEPS intentionally or by gross negligence;

3.	When he/she violates his/her functional duties.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 12 (Restriction on Holding Concurrent Office by Executives and Employees)

(1)	The president, standing directors, auditor and employees of the GEPS shall not engage in profit-making business.

(2)

The president and standing directors shall not concurrently hold another office without permission from the Minister of Security and Public Administration; the auditor shall not concurrently hold another office without permission from the Minister of Strategy and Finance; and the employees shall not concurrently hold another office without permission from the president. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 13 (Board of Directors)

(1)	In order to deliberate and decide on important matters of the GEPS, the board of directors shall be established within the GEPS.

(2)	The board of directors shall be comprised of the president, standing directors and non-standing directors.

(3)	Meetings of the board of directors shall be convened by the president or by request of no less than one third of the directors on the register, which shall be presided over by the president.

(4)	The board of directors shall adopt resolutions with the affirmative vote of a majority of its incumbent members.

(5)	The auditor may attend the meetings of the board of directors and present his/her opinion.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 14 (Appointment and Dismissal of Employees)

Employees of the GEPS shall be appointed or dismissed by the president, as prescribed by the articles of incorporation.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 15 (Legal Fiction as Public Official in Application of Penal Provisions)

In the application of the provisions under Articles 129 through 132 of the Criminal Act, executives and employees of the GEPS shall be deemed public officials.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 16 (Business Affairs of the GEPS)

The GEPS shall conduct the following business affairs: <Amended by Act No. 11690, Mar. 23, 2013>

1.	Payment of pensions;

2.	Collection of contributions, charges and other expenses;

3.	Business affairs for multiplication of the public official pension fund;

4.	Business affairs for the welfare of public officials;

5.	Construction, supply and lease of housing or acquisition of housing sites;

6.	Other business affairs commissioned by the Minister of Security and Public Administration.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 16-2 (Special Cases for Housing Construction Business, etc.)

The GEPS may construct, supply and lease housing or acquire housing sites for public officials under the provisions of the Housing Act, the Housing Site Development Promotion Act or the Rental Housing Act. In such cases, the GEPS shall be deemed the State or a local government.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 17 (Supervision over the GEPS)

(1)	The GEPS shall obtain approval from the Minister of Security and Public Administration on the business operation plan and budget of each fiscal year, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

(2)	The GEPS shall report the outcomes of business and the settlement of accounts to the Minister of Security and Public Administration within two months after the closure of each fiscal year. <Amended by Act No. 11690, Mar. 23, 2013>

(3)

The Minister of Security and Public Administration may order the GEPS to report its business, or may inspect the status of its business or property, and, if deemed necessary and take measures necessary for supervision, such as instructing to amend the articles of incorporation, etc. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 18 (Accounting of the GEPS)

(1)	The fiscal year of the GEPS shall be coincide with that of the Government.

(2)	The GEPS shall establish accounting rules with the approval from the Minister of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013>

(3)	The GEPS may, if necessary for efficiently conducting business affairs under Article 16, manage the revenue and expenditure of the business of a specified field prescribed by accounting rules as separate accounts.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 19 (Revenue and Expenditure of the GEPS)

(1)	The revenue and expenditure of the GEPS shall be constituted of the following amounts:

Revenue:

(a)	Contributions;

(b)

Charges;

(c)	Supplementary money;

(d)	Transferred money and introductive reserves from the public official pension fund;

(e)	Subsidies and borrowings from the State and local governments, and other revenues;

2.	Expenditure:

(a)	Benefits, reserve funds and refunds under this Act;

(b)	Redemption of borrowings and interest thereon;

(c)	Other expenses incurred in the operation of the GEPS.

(2)	Transferred money from the public official pension fund prescribed in paragraph (1) shall be prescribed by the Minister of Security and Public Administration within the limit of the amount equivalent to the fund operation proceeds of the previous year. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 20 (Disposal of Surplus)

If a surplus amount remains upon the settlement of accounts at the end of each fiscal year, the GEPS shall make up for any loss therewith and the balance shall be set aside as the revenue for the public official pension fund: Provided, That where the revenue and expenditure are managed as separate accounts under Article 18 (3), the foregoing shall not apply to the surplus amount in the relevant accounts.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 21 (Commissioning of Business Affairs of the GEPS)

(1)	The GEPS may, as prescribed by the articles of incorporation, commission communications agencies, local governments, financial institutions, public corporations under Article 5 of the Act on the Management of Public Institutions, or any other person to conduct some of its business affairs.

(2)	The scope of business affairs to be commissioned by the GEPS under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 22 (Application Mutatis Mutandis of the Civil Act)

Except as provided for in this Act, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis to the GEPS.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

CHAPTER III TENURE OF OFFICE

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Article 23 (Calculation of Tenure of Office)

(1)	The tenure of office of a public official shall be the number of years and months from the month on which his/her date of appointment falls, to the month on which the day prior to his/her retirement date or the date of his/her death falls.

(2)

When a retired public official or a member of military personnel or private school personnel (excluding persons who have 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 former tenure of office or period of military service may be added to the tenure of office as prescribed in paragraph (1) at his/her own request.

(3)

The period of military service (including service periods prescribed by Presidential Decree, out of the service periods by a call to defense, a call to full-time reserve or a call to reservist duty) of any soldier in active service under the Military Service Act before appointment as a public official, or of any noncommissioned executive appointed non-voluntarily, may be included in the tenure of office under paragraph (1) at his/her own request.

(4)

The tenure of office or period of military service referred to in paragraphs (2) and (3), and the tenure of office referred to in Article 7 (2) of the Addenda to the amended Public Officials Pension Act (Act No. 3586) shall not be added to or included in the tenure of office under paragraph (1) in the payment of the retirement allowance under subparagraph 4 of Article 42.

(5)

In calculating the tenure of office at the time of payment of retirement allowances as prescribed in subparagraph 4 of Article 42, the period of temporary leave from service, except temporary retirement from office on any of the following grounds, the period of release from office, the period of suspension from office, and any other period of non-service due to demotion shall be subtracted from the tenure of office by half of such respective periods: <Amended by Act No. 10435, Mar. 8, 2011; Act No. 10984, Aug. 4, 2011>

1.	Any temporary retirement from office due to a disease or injury while on official duties;

2.	Any temporary retirement from office for completing military service under the Military Service Act;

Any temporary retirement from office due to temporary appointment at an international institution, foreign institute, educational institution abroad (referring to an educational institution abroad as provided in subparagraph 2 of Article 2 of the Act on the Educational Support, etc. for Korean Nationals Residing Abroad), university or research institute in Korea and abroad, any other national agency or private enterprise, or any other institute;

4.	Any temporary retirement from office under Article 71 (1) 6 of the State Public Officials Act, Article 63 (1) 6 of the Local Public Officials Act, or Article 44 (1) 11 of the Public Educational Officials Act;

5.	Any temporary retirement from office due to either parenting of children or by pregnancy or childbirth of a female public official;

6.	Other temporary retirement for performing duties as prescribed in other Acts.

(6)

The tenure of office at the time of payment of retirement allowances as prescribed in subparagraph 4 of Article 42 to a public official who works for shorter working hours than usual working hours under Article 26-2 of the State Public Officials Act or Article 25-3 of the Local Public Officials Act, shall be calculated in proportion to the period of service, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 24 (Method of Aggregating Tenure of Office)

(1)	A person who intends to aggregate his/her former tenure of office or period of military service as prescribed in Article 23 (2) shall submit an application for aggregating the tenure of office to the GEPS. <Amended by Act No. 10984, Aug. 4, 2011>

(2)

A person who has been granted an aggregation of his/her former tenure of office upon filing an application for aggregating the tenure of office shall return to the GEPS the amount of retirement payment received at the time of retirement [when the amount of payment was restricted under Article 64 (including cases as applicable mutatis mutandis in Article 42 of the Pension for Private School Teachers and Staff Act), or Article 33 of the Military Pension Act, the amount of payment that he/she would have received if such restriction had not existed], with the interest specified by Presidential Decree: Provided, That where a person who has been granted an aggregation of his/her former tenure of office is an annuitant of a retirement pension, early retirement pension, or veteran's retirement pension, no payment of such pension shall be returned.

(3)

The amount of retirement benefits to be returned and the interest thereon under paragraph (2) (hereinafter referred to as "benefits to be returned") may be paid in installments, as prescribed by Presidential Decree. In such cases, the interest prescribed by Presidential Decree shall be added thereto.

(4)

Where a person who has been granted an aggregation of his/her former tenure of office files an application for full or partial exclusion from aggregation of the recognized tenure of office, or fails to pay the benefits to be returned for at least six months, the GEPS may exclude aggregation of the period which deducts the tenure of office equivalent to the benefits to be returned which have already been paid from the recognized tenure of office.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 24-2 (Method of Including Period of Military Service before Appointment into Tenure of Office)

A person who intends to include his/her former period of military service under Article 23 (3) into his/her tenure of office shall submit an application for inclusion of period of military service to the GEPS. <Amended by Act No. 10984, Aug. 4, 2011>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 24-3 Deleted. <by Act No. 9905, Dec. 31, 2009>

CHAPTER IV BENEFITS

SECTION 1 Common Provisions

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Article 25 (Benefits)

Short-term benefits as prescribed in Article 34 shall be paid for a disease, injury or accident suffered by a public official in performing his/her official duties, and long-term benefits as prescribed in Article 42 shall be paid for the retirement, disability or death of a public official.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 26 (Confirmation of Grounds for Payment and Decision of Benefits)

(1)

Benefits of various kinds shall be paid by the GEPS based on the decision of the Minister of Security and Public Administration upon the request of a person entitled to receive them (when a person requests medical care expenses related to the performance of official duties under Article 35, disability pension or disability compensation benefits under Article 51, survivors' compensation benefits under Article 61, or other type of benefits prescribed by Presidential Decree, referring to a request for the same after obtaining confirmation from the head of the institution to which the relevant public official belonged), with the confirmation of the head of the agency to which he/she belongs: Provided, That any decision on the kinds of benefits prescribed by Presidential Decree shall undergo deliberation by the Public Official Pension Benefit Deliberation Committee; any decision on the amounts of survivors' pension for public officials who died on duty and compensation for survivors of public officials who died on duty (hereinafter referred to as "benefits for survivors of public officials who died on duty") shall undergo deliberation by the Line of Duty Death Compensation Review Committee in advance; and the accident relief money and death condolence money for the public officials of a local government shall be paid by the local government by a decision of its head. <Amended by Act No. 10984, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013>

(2)	Matters concerning the organization and operation of the Public Official Pension Benefit Deliberation Committee as prescribed in the proviso to paragraph (1) shall be prescribed by Presidential Decree.

(3)

The authority of the Minister of Security and Public Administration to make decisions on benefits as prescribed in paragraph (1) (excluding benefits for survivors of public officials who died on duty) may be commissioned to the GEPS, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

(4)	A person who intends to apply for the payment of benefits for survivors of a public official who died on duty shall, in regard to survivors' compensation under Article 61, obtain confirmation of the ground for the payment of benefits and a decision on the amount thereof in advance.

(5)

When the Minister of Security and Public Administration decides on the amount of benefits for survivors of a public official, he/she shall notify the person entitled to receive such benefits, the head of the agency to which the public official who died on duty belongs and the GEPS of the fact of such decision, and the GEPS shall pay the benefits within 14 days from the date of receiving the notification. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 27 (Basis in Calculating Amount of Benefits)

(1)	The computation of benefits prescribed in the following subparagraphs shall be based on the amount of standard monthly income in the month which includes the day on which the ground for the payment of benefits accrued: <Amended by Act No. 10435, Mar. 8, 2011>

1.	Death condolence money under Article 41-2 (2) out of short-term benefits under Article 34;

2.	Long-term benefits under Article 42 (excluding retirement pensions and early retirement pensions under Article 46 (1) and (2), compensation for survivors of public officials who died on duty under Article 42, and survivors' pensions under Article 56 (1) 1.

(2)

The computation of a retirement pension and early retirement pension under Article 46 (1) and (2) and a survivors' pension under Article 56 (1) 1 shall be based upon the average amount of standard monthly income. In such cases, the amount of standard monthly income shall not exceed 180/100 of the average of the amounts of standard monthly incomes of all public officials.

(3)

The computation of benefits prescribed in the following subparagraphs shall be based on the average of the amounts of standard monthly incomes of all public officials in the month which includes the day on which the ground for the payment of benefits accrued: <Amended by Act No. 10435, Mar. 8, 2011>

1.	Accident relief money under Article 41 out of short-term benefits under Article 34;

2.	Death condolence money under Article 41-2 (1) out of short-term benefits under Article 34;

3.	Compensation for survivors of a public official who died on duty out of long-term benefits under Article 42.

(4)	The criteria for and the method of computing the average of the amounts

of standard monthly incomes of all public officials shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 28 (Priority in Order of Survivors)

The priority in the order of survivors who are to receive benefits shall coincide with the priority in succession.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 29 (Coexistence of Survivors in Same Order of Priority)

When two or more survivors are in the same order of priority, the amount of benefits shall be divided equally and paid to each of them, but the method of payment shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 30 (Special Cases for Recipients of Benefits)

(1)

In the case of death of any public official or former public official, when no survivor to receive benefits exists, an amount not exceeding the limit prescribed by Presidential Decree shall be paid to his/her lineal ascendant or descendent who is not his/her survivor, and if no such lineal ascendant or descendent exists, it may be used for the said public official or former public official. <Amended by Act No. 10984, Aug. 4, 2011>

(2)	Where there exist two or more lineal ascendants or descendents who are not survivors under paragraph (1), Articles 28 and 29 shall apply mutatis mutandis to the payment of the relevant benefits. <Amended by Act No. 10984, Aug. 4, 2011>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 31 (Recovery of Benefits)

(1)

Where any recipient of benefits falls under any of the following subparagraphs, the GEPS or a local government shall recover such benefits. In such cases, in cases under subparagraph 1, the interest and recovery expenses prescribed by Presidential Decree shall be added to the amount of benefits to be recovered, and when a person liable to pay the collection fails to do so within the specified period in cases under subparagraph 2 or 3, the interest prescribed by Presidential Decree shall be added thereto:

1.	Where he/she receives the benefits in an unlawful manner;

2.	Where the ground for the payment of benefits is extinguished retroactively after receiving the benefits;

3.	Where other benefits are paid by fault or error.

(2)

When the GEPS or a local government recovers benefits as prescribed in paragraph (1), the person from whom the benefits are to be recovered fails to pay the relevant amount within the given period, it may collect such amount in accordance with the precedents of disposition for arrears as prescribed in the National Tax Collection Act, subject to the approval from the Minister of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013>

(3)

The head of the GEPS or a local government may, if any ground falling under any of the following subparagraphs exists when he/she collects benefits under paragraph (1), make a disposition on deficits: Provided, That in cases under subparagraphs 1 and 3, if he/she has found any property which may be seized after disposition on deficits, he/she shall, without delay, cancel such disposition, and collect such property according to the precedents of dispositions for arrears:

1.	Where the dispositions for arrears are fulfilled, and the distributed amount which is appropriated to the amount in arrears is short of such amount in arrears;

2.	Where the extinctive prescription against the relevant right ends;

3.	Where it is deemed that there exists no possibility for collection, as prescribed by Presidential Decree.

(4)	Executives and employees of the GEPS who make a disposition for arrears under paragraph (2) and the proviso to (3) shall be deemed public officials.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 31-2 (Payment after Deduction of Deficiencies)

Where any person who is or was a public official is liable for any of the following debts, benefits may be paid after deducting the debts from the benefits under this Act (excluding short-term benefits under Article 34): Provided, That in cases of pensions, deduction shall not be made in excess of one half of the monthly pension paid:

1.	Principal and interest of the benefits to be returned under Article 24 (2) and (3);

2.	Principal and interest of the amount of recovery under Article 31;

3.	Difference related to the settlement of the amount of payment suspension under Article 47 (2);

4.	Unpaid contributions in cases of deficiencies of contributions under Article 66 (1) and (3) of this Act, Article 7 (2) and (3) of the Addenda to the amended Public Officials Pension Act (Act No. 3586);

5.	Unredeemed principal and interest of student loans under Article 72;

6.	Unredeemed principal and interest of the loans under Article 74 (2) 5.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 32 (Protection of Rights)

No entitlement to receive benefits shall be transferred, seized or provided as collateral: Provided, That the entitlement to receive pensions may be provided as collateral to financial institutions designated by Presidential Decree and may be the object of a disposition for arrears as prescribed in the National Tax Collection Act, the Framework Act on Local Taxes, and other Acts. <Amended by Act No. 10984, Aug. 4, 2011>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 33 (Adjustment of Benefits under other Acts and Subordinate Statutes)

(1)

For any person who receives the same kind of benefits as benefits under this Act at the cost of the State or a local government under other Acts and subordinate statutes, the amount equivalent to such benefits shall be paid after deducting from the benefits set out in this Act: Provided, That no such amount shall be deducted where compensation is also paid to a recipient of a survivors' pension under Article 56 (1) 3 (including a person who chose survivors’ pension under Article 56 (1) 1, a lump-sum survivors' pension under Article 56 (2) or survivors’ lump-sum benefits under Article 60) or to a recipient of benefits for survivors of public officials who died on duty under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State. <Amended by Act No. 10984, Aug. 4, 2011>

(2)

Where any ground for the payment of benefits under this Act exists due to an act of a third party, the GEPS or a local government shall acquire the right to claim compensation for damage held by the recipient against the third party within the limits of the amount of the benefits (the amount calculated as receiving disability compensation when disability pension is paid) which has been already paid on the ground for the relevant benefits: Provided, That where the third party falls under any of the following subparagraphs, the GEPS or a local government may choose not to fully or partially exercise the right to claim compensation for damage subject to the deliberation by the Public Official Pension Benefit Deliberation Committee:

1.	The spouse of the public official or former public official concerned;

2.	A lineal ascendant or descendant of the public official or former public official concerned;

3.	A public official performing his/her official duties.

(3)	In cases falling under paragraph (2), when the recipient has already been paid compensation for damage from the third person on the same ground, no benefit shall be paid within the limits of the amount of such compensation.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

SECTION 2 Short-Term Benefits

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Article 34 (Short-Term Benefits)

Short-term benefits under this Act shall be as follows:

1.	Medical care expenses related to the performance of official duties;

2.	Deleted; <by Act No. 10984, Aug. 4, 2011>

3.	Accident relief money;

4.	Death condolence money.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 35 (Medical Care Expenses Related to Performance of Official Duties)

(1)	When a public official obtains any of the following medical care due to a disease or injury incurred in the course of performing official duties, medical care expenses related to the performance of official duties shall be paid:

1.	Diagnosis;

2.	Provision of medicine, medication, and dental prosthesis;

3.	Disposal, operation and other medical treatment;

4.	Convalescence at a hospital or sanatorium;

Nursing;

6.	Transportation.

(2)

Medical care expenses related to the performance of official duties as prescribed in paragraph (1) shall be the amount required for medical care for the same disease or injury, the actual period of medical care of which shall not exceed two years: Provided, That if there is a medical opinion for continuous treatment even after two years' actual period of medical care, the period of medical care may be extended for up to one year for each occasion, as prescribed by Presidential Decree. <Amended by Act No. 10984, Aug. 4, 2011>

(3)	The criteria for a disease or injury incurred in the course of performing official duties under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 36 (Additional Medical Care)

(1)

Where a person who received medical care expenses related to the performance of his/her official duties under Article 35 is cured and his/her disease or injury subject to the medical care recurs or aggravates than his/her condition as at the time of the cure, and where there is a medical opinion for positive treatment to cure the recurred or aggravated disease or injury, he/she may apply for additional medical care.

(2)	A person who has applied for additional medical care pursuant to paragraph (1) may re-obtain the medical care related to the performance of his/her official duties set forth in any subparagraph of Article 35 (1), subject to deliberation by the Public Official Pension Benefit Deliberation Committee.

(3)

With respect to the period of additional medical care under paragraphs (1) and (2) and the extension of such period, Article 35 (2) shall apply mutatis mutandis, whereas requirements and procedures for the additional medical care and other necessary matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10984, Aug. 4, 2011]

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Article 36-2 (Suspension of Payment of Disability Pension)

Where an annuitant of a disability pension receives medical care expenses related to his/her performance of official duties pursuant to Article 35 or 36, payment of the disability pension shall be suspended from the month following the month on which the date of commencement of such medical care falls to the month on which the date of termination of such medical care falls.

[This Article Newly Inserted by Act No. 10984, Aug. 4, 2011]

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Article 37 (Medical Care Institutions)

Medical care related to the performance of official duties as prescribed in Article 35 or 36 shall be received at a medical care institution as set out in Article 42 of the National Health Insurance Act (hereinafter referred to as "medical care institution"). <Amended by Act No. 10984, Aug. 4, 2011; Act No. 11141, Dec. 31, 2011>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 38 (Claims for and Payment of Medical Care Expenses Related to Performance of Official Duties)

(1)

When a medical care institution has provided any medical care related to the performance of official duties under Article 35 or 36, it shall claim the medical care expenses related to the performance of official duties computed under Article 39 against the GEPS. <Amended by Act No. 10984, Aug. 4, 2011>

(2)	The GEPS shall, upon receipt of a claim for medical care expenses related to the performance of official duties under paragraph (1) from a medical care institution, pay such expenses to the medical care institution.

(3)	Notwithstanding the provisions of paragraphs (1) and (2), medical care expenses related to the performance of official duties prescribed by Presidential Decree may be paid directly to the principal.

(4)

The GEPS may commission relevant specialized institutions to perform some affairs involving the payment of medical care expenses related to the performance of official duties, such as claims for and payment of medical care expenses related to the performance of official duties under paragraphs (1) through (3), and matters necessary for the scope of affairs for commission, eligible agencies for commission, the payment of expenses incurred for commission, etc. shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 39 (Computation of Medical Care Expenses Related to Performance of Official Duties)

The amount of medical care expenses related to the performance of official duties shall be the amount of any of the following medical care expenses: <Amended by Act No. 10984, Aug. 4, 2011; Act No. 11141, Dec. 31, 2011>

1.	Medical care expenses computed under Article 45 of the National Health Insurance Act;

Medical care expenses computed under Article 40 of the Industrial Accident Compensation Insurance Act, which exceed the medical care expenses computed under Article 45 of the National Health Insurance Act, or which are incurred in relation to any medical care, other than such medical care as prescribed in the same Article;

3.	Medical care expenses in excess of the medical care expenses computed under subparagraphs 1 and 2, or expenses incurred for any other medical care in excess of the relevant scope, which are prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 40 (Special Cases for Payment of Medical Care Expenses Related to Performance of Official Duties)

(1)

Where any public official receives medical care related to performance of official duties under Article 35 or 36 at any medical care institution, other than medical care institutions referred to in Article 37 due to an urgent necessity or any other extenuating circumstances, medical care expenses related to the performance of official duties may be paid within the limits recognized by the Minister of Security and Public Administration. <Amended by Act No. 10984, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013>

(2)	Article 39 shall apply mutatis mutandis to the computation of medical care expenses related to the performance of official duties prescribed in paragraph (1).

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 41 (Accident Relief Money)

(1)

Where any public official suffers any damage to his/her property due to a flood, fire or any other accident, accident relief money within the limits of the amount equivalent to four times the average of the amounts of standard monthly incomes of all the public officials shall be paid. <Amended by Act No. 10435, Mar. 8, 2011>

(2)	The amount of accident relief money according to the range and degree of such accident under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 41-2 (Death Condolence Money)

(1)

When the spouse, a parent (including a parent of the spouse), or a child of a public official is deceased, death condolence money shall be paid to the public official concerned. In such cases, when two or more public officials subject to the payment of such death condolence money exist, it shall be paid to one public official prescribed by Presidential Decree, but when another public official who have supported the deceased exists, it shall be paid to such another public official.

(2)	When a public official is deceased, death condolence money shall be paid to his/her spouse, but when no spouse exists, it shall be paid to a person who conducts a funeral and memorial service, as prescribed by Presidential Decree.

(3)

Death condolence money under paragraph (1) shall be the amount equivalent to 65/100 of the average of the amounts of standard monthly incomes of all the public officials, and death condolence money under paragraph (2) shall be the amount equivalent to 195/100 of the amount of standard monthly income of the public official concerned. <Amended by Act No. 10435, Mar. 8, 2011>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

SECTION 3 Long-Term Benefits

Subsection 1

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Article 42 (Long-Term Benefits)

Long-term benefits under this Act shall be as follows:

1.	Retirement benefits:

(a)	Retirement pension;

(b)	Lump-sum retirement pension;

(c)	Lump-sum retirement pension deductions;

(d)	Lump-sum retirement benefits;

2.	Disability benefits:

(a)	Disability pension;

(b)	Disability compensation benefits;

3.	Survivors' benefits:

(a)	Survivors' pension;

(b)	Benefit additional to survivors' pension;

(c)	Special benefit additional to survivors' pension;

(d)	Lump-sum survivors' pension;

(e)	Survivors' lump-sum benefits;

(f)	Survivors' compensation benefits;

(g)	Survivors' pension for public officials who died on duty;

(h)	Compensation for survivors of public officials who died on duty;

4.	Retirement allowances.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 43 (Period and Timing for Payment of Pensions)

(1)

Benefits as pensions shall be paid from the month following the month which includes the day on which the ground for payment of such benefits (including grounds for revision of the grade of disability pension under Article 53) accrued, to the month which includes the day on which the relevant ground is extinguished: Provided, That where any pension benefit falls under any provision of Article 46 (1) 1 through 4 and (2), the portions of benefits that accrue from the month which includes the day on which the payment of the relevant retirement pension begins (excluding where it is included in the tenure of office under Article 23 (1)) to the month which includes the day on which the relevant ground is extinguished shall be paid. <Amended by Act No. 9905, Dec. 31, 2009>

(2)

If any ground to suspend the payment of benefits as pensions accrued, payment of the portions of benefits that accrue from the month following the month which includes the day of accrual of such ground to the month which includes the day of extinguishment of such ground shall be suspended: Provided, That where the day of accrual of the ground for suspension and the day of extinguishment of such ground fall on the same month, payment of such portions of benefits shall not be suspended. <Amended by Act No. 9905, Dec. 31, 2009>

(3)	Deleted. <by Act No. 6328, Dec. 30, 2000>

(4)	Benefits as pensions shall be paid each month, as prescribed by Presidential Decree. <Amended by Act No. 9905, Dec. 31, 2009>

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Article 43-2 (Adjustment of Amount of Pension)

(1)

The annual amount of benefits as a pension shall be increased or decreased by the amount corresponding to the previous year's rate of fluctuation of nationwide consumer price index which the Commissioner of the National Statistical Office under Article 3 of the Statistics Act announces every year after comparison of the two between the consumer price index of the previous year and that of the year before the previous year.

(2)	The amount adjusted under paragraph (1) shall be applied from January to December of the relevant year.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 44 (Special Cases for Payment of Pension)

(1)	When a person entitled to receive a pension emigrates to a foreign country, he/she may be paid in a lump sum, according to his/her wishes, the amount equivalent to his/her pension for four years based on the month following the month of his/her departure, in lieu of such pension.

(2)	When a person entitled to receive a pension has lost Korean nationality, he/she may be paid in a lump sum, according to his/her wishes, the amount equivalent to his/her pension for four years based on the month following the month of his/her losing Korean nationality, in lieu of such pension.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 45 (Coordination of Benefits)

(1)	Disability benefits or survivors' compensation benefits, and other long-term benefits (excluding benefits for survivors of public officials who died on duty) shall be paid concurrently.

(2)

Where an annuitant of a retirement pension or veteran's retirement pension retires from office or dies after his/her former tenure of office was added as prescribed in Article 24, he/she may only receive a retirement pension (including lump-sum retirement pension deductions), early retirement pension (including lump-sum retirement pension deductions), or survivors' pension (including benefits additional to survivors' pension), and, in lieu thereof, shall not receive a lump-sum retirement pension or lump-sum survivors' pension.

(3)

Where an annuitant of an early retirement pension re-retires from office or is dead after his/her former tenure of office was added as prescribed in Article 24, he/she may only receive an early retirement pension (including lump-sum retirement pension deductions) or survivors' pension (including benefits additional to survivors' pension), and, in lieu thereof, shall not receive a pension lump-sum retirement pension or lump-sum survivors' pension. In such cases, the amount of early retirement pension shall be calculated by applying the payment rate before reappointment to the amount of the retirement pension calculated after aggregating the former tenure of office.

(4)	Where an annuitant of a retirement pension or early retirement pension concurrently receives a survivors' pension as well as his/her retirement pension or early retirement pension, only half the amount of such survivors' pension shall be paid.

(5)

No person for whom the payment of a survivors' pension for public officials who died on duty is determined shall receive benefits under Article 56 (1) and (2) or 60, and no person for whom the payment of compensation for survivors of public officials who died on duty is determined shall receive benefits under Article 51 or 61 (1) and (2). In such cases, when benefits under Article 51, 56 (1) and (2), 60, or 61 (1) and (2) have already been paid, the amount of the survivors' pension for public officials who died on duty or compensation for survivors of public officials who died on duty shall be paid after deducting the relevant amount paid therefrom.

(6)

With respect to an annuitant of a survivors' pension under Article 56 (1) 3, the benefits set out in Articles 56 (1) 1, 56 (2) and 60 shall not be paid. If the aforementioned benefits have already been paid, the sum of the amount of the survivors' pension under Article 56 (1) 3 and the amount of the survivors' compensation benefits under Article 61 (1) shall be paid after deducting the said benefits already paid. <Newly Inserted by Act No. 10984, Aug. 4, 2011>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 45-2 (Coordination with Benefits under other Acts)

Where an annuitant of a veteran's retirement pension, retirement pension or early retirement pension under the Military Pension Act or the Pension for Private School Teachers and Staff Act receives a survivors' pension under this Act at the same time, only half the amount of such survivors' pension shall be paid.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

Subsection 2

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Article 46 (Retirement Pension or Lump-Sum Retirement Pension)

(1)	When a public official retires from office after serving for not less than 20 years, a retirement pension shall be paid from the time when he/she falls under any of the following subparagraphs until he/she dies:

1.	When he/she reaches the age of 65;

Where other Acts or the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations and Presidential Decree (hereinafter referred to as the "Acts and subordinate statutes pertaining to appointment of public officials") prescribe the age limit or the upper age limit for service (the upper age limit for service of public officials whose upper age limit for service is not stipulated in the Acts and subordinate statutes pertaining to appointment of public officials shall be the age prescribed by Presidential Decree, in consideration of that of public officials whose upper age limit for service is stipulated in other Acts and subordinate statutes pertaining to the appointment of public officials and who have positions similar to them) to less than 60 years of age, when five years have elapsed since he/she reached such age limit or such upper age limit for service;

3.	When five years have elapsed since he/she reached the class age limit as stipulated in the Acts and subordinate statutes pertaining to the appointment of public officials and retired from his/her office;

4.	When five years have elapsed since he/she retired from his/her office due to the abolition of his/her position or excessive capacity resulting from alteration or abolition of the office organization and fixed number of personnel, or budget reductions, etc.;

5.	When he/she falls into the state of disability prescribed by Presidential Decree.

(2)

Notwithstanding paragraph (1), where a public official has been in service for not less than 20 years and is retired from office before reaching to the age eligibility for receiving a retirement pension under paragraph (1) 1 through 4, any of the following amounts may be paid, at his/her own request, as an early retirement pension according to the number of years in short of the relevant age for receiving a retirement pension as prescribed in paragraph (1) 1 through 4 (hereinafter referred to as "years in shortage") until he/she dies:

1.	Not more than one year in shortage: 95/100 of the amount equivalent to the retirement pension;

2.	Over one year and not more than two years in shortage: 90/100 of the amount equivalent to the retirement pension;

3.	Over two years and not more than three years in shortage: 85/100 of the amount equivalent to the retirement pension;

4.	Over three years and not more than four years in shortage: 80/100 of the amount equivalent to the retirement pension;

5.	Over four years and not more than five years in shortage: 75/100 of the amount equivalent to the retirement pension.

(3)

At the request of a person entitled to receive a retirement pension or early retirement pension as prescribed in paragraphs (1) and (2), a lump-sum retirement pension shall be paid in lieu of the retirement pension or early retirement pension, or lump-sum retirement pension deductions (hereinafter referred to as "lump-sum deductions") may be paid in lieu of the retirement pension or early retirement pension corresponding to the period that he/she wishes out of his/her tenure of office over twenty years (which shall be such added tenure of office, where an annuitant of a retirement pension, early retirement pension, or veteran's retirement pension has been granted an aggregation of his/her former tenure of office as prescribed in Article 24).

(4)

The amount of a retirement pension under paragraph (1) shall be the amount equivalent to 19/1,000 of the average amount of standard monthly income for each service year (for calculation purposes, each one month of less than a year shall be deemed 1/12 year; hereinafter the same shall apply). In such cases, the amount of a retirement pension shall not exceed 627/1,000 of the average amount of standard monthly income.

(5)

The amount of a lump-sum retirement pension as prescribed in paragraph (3) shall be the amount calculated by adding the amount equivalent to 65/10,000 of the amount obtained by multiplying the amount of standard monthly income of the month which includes the day before the retirement day, for every one year of the number of years which deducts five years from the number of years in office, to the amount equivalent to 975/1,000 of the amount obtained by multiplying the amount of standard monthly income of the month which includes the day before the retirement day by the number of years in office (for calculation purposes, each one month of less than a year shall be deemed 1/12 year; hereinafter the same shall apply). In such cases, the number of years in office shall not exceed 33 years.

(6)

The amount of a lump-sum deduction as prescribed in paragraph (3) shall be the amount calculated by adding the amount equivalent to 975/1,000 of the amount obtained by multiplying the amount of standard monthly income of the month which includes the day before the retirement day by the number of years in office which the retiring public official wishes to include in calculation of the lump-sum deductions (hereinafter referred to as "deduction number of years in office"), for every one deduction number of years in office, to the amount equivalent to 65/10,000 of the amount obtained by multiplying the amount of standard monthly income of the month which includes the day before the retirement day by the number of years in office. In such cases, the deduction number of years in office shall not exceed 13 years.

(7)	Any confirmation of retirement under paragraph (1) 4 shall be made by the Minister of Security and Public Administration, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 46-2 (Loss of Entitlement to Receive Retirement Pension)

When the status of disability of those who have received a retirement pension under Article 46 (1) 5 fails to retain the status of disability prescribed by Presidential Decree, no retirement pension accrued due to the ground under the same subparagraph shall cease to be paid from the next month.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 47 (Suspension of Payment of Retirement Pension or Early Retirement Pension)

(1)

When an annuitant of a retirement pension or early retirement pension is appointed to a public official, military person, or teacher or staff of a private school subject to this Act, the Military Pension Act or the Pension for Private School Teachers and Staff Act, the payment of all the relevant pension during the period of tenure of office shall be suspended.

(2)

When a recipient of a retirement pension or early retirement pension has, other than such pension, any amount of business income provided in Article 19 (2) of the Income Tax Act (excluding the amount of business income prescribed by Presidential Decree) or amount of employment income provided in Article 20 (2) of the same Act, and each amount of income or the average monthly amount of income computed by aggregating each said income amount (hereinafter referred to as "amount of monthly income") exceeds the amount of average monthly wage during the preceding year, the payment of the following amount shall be suspended from the retirement pension or early retirement pension. In such cases, the amount of payment suspension shall not exceed one half of the retirement pension or early retirement pension:

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

2.	Excess amount of monthly income is not less than 500,000 won but less than one million won: 150,000 won + 40 percent of the excess amount of monthly income exceeding 500,000 won;

3.	Excess amount of monthly income is not less than one million won but less than 1.5 million won: 350,000 won + 50 percent of the excess amount of monthly income exceeding one million won;

4.	Excess amount of monthly income is not less than 1.5 million won but less than two million won: 600,000 won + 60 percent of the excess amount of monthly income exceeding 1.5 million won;

5.	Excess amount of monthly income is not less than two million won: 900,000 won + 70 percent of the excess amount of monthly income exceeding two million won.

(3)

"Average amount of monthly wage" referred to in paragraph (2) means the annual average amount of the total wages of a worker indicated on the labor statistics data on workers’ wages prepared by the Minister of Employment and Labor under Article 3 of the Statistics Act on the basis of business or places of business regularly employing five or more workers (excluding agricultural business, forestry business and fishery business). <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10984, Aug. 4, 2011>

(4)	Matters necessary for the computation of the amount of monthly income and the amount of average monthly wage referred to in paragraph (2), the method of payment suspension thereof, etc. shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 48 (Lump-Sum Retirement Benefits)

(1)	When a public official retires from office after serving for less than 20 years, a lump-sum retirement benefits may be paid.

(2)

A lump-sum retirement benefit prescribed in paragraph (1) shall be the amount equivalent to 78/100 of the amount obtained by multiplying the amount of standard monthly income of the month which includes the day before the retirement day, by the number of years in office, for any person whose tenure of office is not less than one month, but less than five years, and the amount computed by the method of calculation prescribed in Article 46 (5), for any person whose tenure of office is not less than five years, but less than 20 years.

(3)

Notwithstanding paragraph (2), when the amount computed in accordance with paragraph (2) is less than the amount of the contribution already paid plus the interest under Article 379 of the Civil Act, the amount of the contribution and the interest thereon under Article 379 of the Civil Act shall be paid in lieu of the amount computed under paragraph (2).

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 48-2 Deleted. <by Act No. 4334, Jan. 14, 1991>

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Article 49 (Retirement Benefits for Missing Persons)

(1)	Where a person entitled to receive a retirement benefit is missing for not less than one year, the relevant retirement benefit may be paid to his/her heir upon a claim by the heir (who shall be a person falling under the scope of his/her survivors; hereafter the same shall apply in this Article).

(2)

Where an heir claims a pension of any missing person under paragraph (1), the relevant pension accrued from the time when the missing person becomes entitled to receive the retirement pension or early retirement pension under this Act shall be paid, and where the whereabouts of the missing person are not verified even three years after the time when he/she became entitled to receive the pension, the amount equivalent to 60/100 of the relevant pension amount shall be paid from the following month.

(3)

Where the death of a missing person is verified after the payment of a benefit under paragraph (2), a survivors' pension shall be paid to his/her heir from the month following the month his/her death is verified: Provided, That if the day on which the missing person is dead falls within three years since the date of paying the benefit under paragraph (1), the amount of difference between the survivors' pension receivable by the heir from the month following the month in which he/she dies until the month whereto belongs the day on which three years have elapsed and the benefit actually paid, as well as the interest specified by Presidential Decree, shall be paid to the GEPS.

(4)

Where the survival of a missing person is verified, a retirement pension or early retirement pension shall be paid to the missing person from the month following the month in which his/her survival is verified. In such cases, when the amount equivalent to 60/100 of the retirement pension or early retirement pension has been paid to his/her heir as prescribed in paragraph (2), the amount corresponding to the difference between the benefits during the relevant payment period and the benefits payable as well as the interest specified by Presidential Decree shall be paid.

(5)

Where two or more heirs under paragraph (1) exist, Articles 28 and 29 shall apply mutatis mutandis with respect to the order of priority of such heirs and the payment of retirement benefits, whereas Article 59 shall apply mutatis mutandis with respect to an heir's loss of entitlement to receive benefits under paragraph (2).

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 50 (Linkage between Retirement Benefits Relating to Transfer to Public Enterprise)

(1)

Where particular affairs of the State or a local government are transferred to a public enterprise or an institution or organization similar thereto (hereinafter referred to as "public enterprise") and a public official in charge of such particular affairs (including affairs related thereto) retires from office and becomes an executive or employee of the public enterprise accordingly, the former tenure of office of such executive or employee as a public official under Article 23 shall, in calculation of the retirement benefits of such public enterprise, be added to the tenure of office at such public enterprise, and the amount equivalent to the lump-sum retirement pension or lump-sum retirement benefits shall be transferred from the GEPS to the public enterprise as retirement benefits for a former public official under this Act at the time such executive or employee retires from the public enterprise or is deceased.

(2)

The calculation of a lump-sum retirement pension or lump-sum retirement benefit to be transferred to a public enterprise as prescribed in paragraph (1) shall be made under the provisions concerning the calculation of a retirement benefit at the time of the public official's retirement, and the amount of standard monthly income which forms the basis for calculation shall be the amount of standard monthly income of the public official at the time of retirement from or death at the public enterprise.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

Subsection 3

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Article 51 (Disability Pension or Disability Compensation Benefits)

When a public official retires from office in a state of disability due to a disease or injury incurred in performing official duties, or becomes disabled due to such disease or injury after retirement, disability pension or disability compensation benefits shall be paid at his/her requests, based on the disability level prescribed by the Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 52 (Amount of Disability Pension or Disability Compensation Benefits)

(1)	The amount of disability pension shall be calculated by multiplying the amount of standard monthly income by the ratio according to the following grade:

1.	Grade I, 5,200/10,000;

2.	Grade II, 4,875/10,000;

3.	Grade III, 4,550/10,000;

4.	Grade IV, 4,225/10,000;

5.	Grade V, 3,900/10,000;

6.	Grade VI, 3,575/10,000;

7.	Grade VII, 3,250/10,000;

8.	Grade VIII, 2,925/10,000;

9.	Grade IX, 2,600/10,000;

10.	Grade X, 2,275/10,000;

11.	Grade XI, 1,950/10,000;

12.	Grade XII, 1,625/10,000;

13.	Grade XIII, 1,300/10,000;

14.	Grade XIV, 975/10,000.

(2)	The amount of disability compensation benefits shall be that equivalent to the disability pensions for five years.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 53 (Revision of Grade of Disability Pension, etc.)

(1)

Where the degree of disability of a person entitled to receive a disability pension worsens or improves, at his/her request or when the GEPS recognizes it, the degree of such disability pension shall be revised according to the changed degree of disability, as prescribed by Presidential Decree. <Amended by Act No. 9905, Dec. 31, 2009>

(2)	Deleted. <by Act No. 6328, Dec. 30, 2000>

(3)	When a person entitled to receive a disability pension is no longer in a state of disability prescribed by Presidential Decree, his/her right shall become extinct. <Amended by Act No. 9905, Dec. 31, 2009>

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Article 54 (Handling Cases of not Less than Two Disabilities)

When a present or former public official has not less than two disabilities at the same time, such disabilities shall be dealt with concurrently, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 55 (Suspension of Payment of Disability Pension)

(1)	Article 47 shall apply mutatis mutandis with regard to the suspension of payment of disability pension.

(2)

When a person whose payment of disability pension is suspended as prescribed in paragraph (1) retires from office again, only when he/she is in the state of disability prescribed by Presidential Decree at the time of the retirement, the amount of disability pension shall be redetermined on the basis of the amount of standard monthly income at the time of re-retirement.

(3)	When the amount of disability pension is redetermined as prescribed in paragraph (2), if the amount of disability pension is less than that of the previous one, it shall be the amount of the previous disability pension: Provided, That the application of Article 53 (1) and (3) shall not be excluded.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

Subsection 4

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Article 56 (Survivors' Pension, Benefits Additional to Survivors' Pension, Special Benefits Additional to Survivors' Pension, Lump-Sum Survivors' Pension, and Survivors' Pension for Public Officials who Died on Duty)

(1)

When an incumbent or former public official falls under any of the following subparagraphs, a disability pension shall be paid: Provided, That when a public official who has served for at least 20 years dies during his/her service, benefits additional to survivors' pension shall be paid separately in addition to a survivors' pension, and when a person who was a public official dies before the payment of such pension commences, or when an annuitant of an early retirement pension dies within three years from the month following the month in which retirement occurs, special benefits additional to survivors' pension shall be paid separately in addition to a survivors' pension: <Amended by Act No. 10984, Aug. 4, 2011>

1.	Where a person entitled to receive a retirement pension or early retirement pension dies;

2.	Where a person entitled to receive a disability pension dies;

Where a person dies on duty during his/her service or dies due to a disease or injury related to the performance of his/her official duties (including where he/she sustained a disease or injury during his/her service and dies within three years after retirement due to such disease or injury, and excluding cases of a public official who dies on duty).

(2)

When a public official who has served for at least 20 years and falls under paragraph (1) 1 or 3 dies during his/her service, if a survivor wishes, a lump-sum survivors' pension shall be paid in lieu of a survivors' pension and benefits additional to survivors' pension. <Amended by Act No. 10984, Aug. 4, 2011>

(3)

When a survivor of a public official who has served for at least 20 years becomes entitled to a survivors' pension under paragraph (1) 3, any one of the survivors' pension under paragraph (1) 1 and the survivors' pension under paragraph (1) 3 may be paid to him/her according to his/her choice. <Newly Inserted by Act No. 10984, Aug. 4, 2011>

(4)	Survivors of any public official who dies on duty shall be paid a survivors' pension for public officials who died on duty. <Amended by Act No. 10984, Aug. 4, 2011>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 57 (Amounts of Survivors' Pension, Benefits Additional to Survivors' Pension, Special Benefits Additional to Survivors' Pension, Lump-Sum Survivors' Pension, and Survivors' Pension for Public Officials who Died on Duty)

(1)	The amount of a survivors' pension shall be as follows: <Amended by Act No. 10984, Aug. 4, 2011>

In cases falling under Article 56 (1) 1, the amount equivalent to 60 percent of the amount of retirement pension or early retirement pension which is receivable by an incumbent or former public official: Provided, That, where a person entitled to receive a retirement pension or early retirement pension dies before he/she reaches the age of entitlement for the relevant retirement pension (where he/she is deceased in excess of five shortage years, he/she shall be deemed deceased at a point of time between over four and not more than five shortage years), it shall be the amount equivalent to 60 percent of the amount of early retirement pension at the time of death;

2.	In cases falling under Article 56 (1) 2, the amount equivalent to 60 percent of the amount of disability pension receivable by a former public official;

In cases falling under Article 56 (1) 3 and where the relevant public official has served for less than 20 years, the amount equivalent to 2,600/10,000 of the amount of standard monthly income at the time of his/her death (where he/she dies after retirement, referring to the time of retirement; hereafter the same shall apply in this subparagraph), and where he/she has served for at least 20 years, the amount equivalent to 3,250/10,000 of the amount of standard monthly income at the time of his/her death.

(2)	The amount of benefits additional to survivors' pension shall be the amount equivalent to one quarter of the amount of the lump-sum retirement pension as at the time of death.

(3)

The amount of special benefits additional to survivors' pension shall be computed by multiplying the amount equivalent to one quarter of the amount of the lump-sum retirement pension as at the time of retirement (referring to the lump-sum retirement pension for the selected pension period, when the lump-sum deduction is selected) by the following ratio:

{36-(the number of months starting from the month during which an annuitant is eligible to receive a retirement pension or early retirement pension until death as prescribed by Article 43 (1))} × (1/36)

(4)	Article 46 (5) shall apply mutatis mutandis to the amount of lump-sum survivals' pension.

(5)

The amount of a survivors' pension for a public official who died on duty shall be the amount equivalent to 3,575/10,000 of the amount of standard monthly income at the time of his/her death for a public official who has served for less than 20 years, or 4,225/10,000 for a public official who has served for at least 20 years.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 58 (Survivors' Pension or Survivors' Pension for Public Officials Who Died on Duty Payable to Missing Persons)

Where a person entitled to receive a survivors' pension or survivors' pension for public officials who died on duty is missing for not less than one year, pensions for the period for which he/she is missing may, at the request of a person in the same order of priority, be paid to the person in the same order of priority, and, if no person exists in the same order of priority, pensions for the period for which he/she is missing may be paid to a person next in order at the request of the person next in order of priority.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 59 (Loss of Entitlement to Receive Survivors' Pension or Survivors' Pension for Public Officials who Died on Duty)

(1)	Where a person entitled to receive a survivors' pension or survivors' pension for public officials who died on duty falls under any of the following subparagraphs, he/she shall relinquish such entitlement: <Amended by Act No. 11488, Oct. 22, 2012>

1.	When he/she is deceased;

2.	When he/she remarries (including where he/she is in a de facto conjugal relationship);

3.	When the kinship is terminated with the deceased who was a public official;

4.	When a child or grandchild who is not in the state of disability prescribed by Presidential Decree attains 19 years of age;

5.	When the state of disability of an annuitant who has been receiving a survivals' pension as prescribed in Presidential Decree is annulled.

(2)

Where a person entitled to receive a survivors' pension or survivors' pension for public officials who died on duty loses such entitlement, such entitlement shall be transferred to a person in the same order of priority, if any, and, to a person next in order, if no person exists in the same order of priority.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 60 (Survivors' Lump-Sum Benefits)

(1)

When a public official dies after serving for less than 20 years (including when a survivor wishes survivors' lump-sum benefits in lieu of survivors' pension among the cases falling under Article 56 (1) 3), survivors' lump-sum benefits shall be paid to his/her survivors. <Amended by Act No. 10984, Aug. 4, 2011>

(2)	Article 48 (2) and (3) shall apply mutatis mutandis to the amount of survivors' lump-sum benefits as prescribed in paragraph (1).

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 60-2 Deleted. <by Act No. 4334, Jan. 14, 1991>

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Article 61 (Survivors' Compensation Benefits and Compensation for Survivors of Public Officials who Died on Duty)

(1)

When a public official dies on duty or dies due to a disease or injury related to the performance of his/her official duties during his/her service, or dies within three years after retirement due to such disease or injury, survivors' compensation benefits shall be paid to his/her survivors. <Amended by Act No. 10984, Aug. 4, 2011>

(2)	The amount of survivors' compensation benefits as prescribed in paragraph (1) shall be the amount equivalent to 234/10 of the amount of standard monthly income of an incumbent or former public official.

(3)	Compensation for survivors of public officials who died on duty shall be paid in lump sum to the survivors of a public official who died on duty, in addition to a survivors' pension for public officials who died on duty under Article 56 (4). <Amended by Act No. 10984, Aug. 4, 2011>

(4)

The amount of compensation for survivors of public officials who died on duty shall be the amount equivalent to 442/10 of the average of the amounts of standard monthly incomes of all public officials: Provided, That the amount of compensation for survivors of public officials who died on duty due to any harm or injury suffered in the course of carrying out counter-espionage operations, out of such injuries as set forth in Article 3 (1) 2 (b), shall be the amount equivalent to 577/10 of the average of the amounts of standard monthly incomes of all public officials.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

Subsection 5

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Article 61-2 (Retirement Allowances)

(1)	When a public official dies or retires from office after serving for not less than one year, retirement allowances shall be paid.

(2)	The amount of retirement allowances as prescribed in paragraph (1) shall be the amount obtained by multiplying the amount of standard monthly income by the ratio prescribed by Presidential Decree, for each year of his/her tenure of office.

(3)	With regard to the payment of retirement allowances, Article 49 (1) and (5) shall apply mutatis mutandis.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

SECTION 4 Restriction on Benefits

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Article 62 (Restriction on Benefits due to Willful Conduct, Gross Negligence, etc.)

(1)	If a person entitled to receive benefits under this Act intentionally causes a disease, injury, disability or accident, the relevant benefits shall not be paid.

(2)

If a person entitled to receive survivors' benefits or benefits for survivors of public officials who died on duty intentionally causes the death of a present or former public official or the death of a person who is receiving survivors' benefits or benefits for survivors of public officials who died on duty, the survivors' benefits or the benefits for survivors of public officials who died on duty shall not be paid for such person. The same shall also apply where, before the death of a present or former public official, a person entitled to receive survivors' benefits or benefits for survivors of public officials who died on duty due to the death of such present or former public official, intentionally causes the death of another relevant person in the same order of priority or in a higher order of priority.

(3)

If a person entitled to receive benefit s under this Act falls under any of the following subparagraphs, the relevant benefits may not be paid fully or partially, as prescribed by Presidential Decree: Provided, That in cases of an injury or disease caused by an accident incurred in performing official duties, except where he/she intentionally caused such accident, the full amount of the medical care expenses incurred in relation to the injury or disease shall be paid:

1.	Where a person fails to comply with instructions for medical care, by gross negligence or without any justifiable ground, and thereby causes a disease, injury or disability, dies, worsens the degree of such disease, injury or disability, or prevents recovery therefrom;

2.	Where a person intentionally worsens the degree of a disease, injury, or disability, or prevents recovery therefrom.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 63 (Restriction on Benefits in Cases of Refusing Diagnosis)

Where a person fails, without any justifiable ground, to receive diagnosis for the payment of benefits under this Act, the GEPS may not pay the relevant benefits partially, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 64 (Restriction on Benefits due to Penalties, etc.)

(1)

Where a present or former public official falls under any of the following subparagraphs, part of his/her retirement benefits and retirement allowances shall be reduced before payment, as prescribed by Presidential Decree. In such cases, the amount of the retirement benefits shall not be reduced below the amount calculated by adding the interest specified in Article 379 of the Civil Act to the total amount of contributions paid:

Where he/she is sentenced to imprisonment without prison labor or heavier punishment due to any ground arising during the period of his/her service (excluding cases where such sentence is caused by negligence not related to his/her official duties and by negligence in the course of complying with an order lawfully issued by his/her superior);

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

3.	Where he/she is dismissed in disgrace for accepting valuables and entertainments, or the embezzlement and misappropriation of public money.

(2)

Where an investigation or criminal trial is under way against a person who is or was a public official due to criminal acts deserving imprisonment without prison labor or heavier punishment due to any ground arising during the period of his/her service (excluding where caused by negligence not related to his/her official duties and by negligence during the course of complying with an order lawfully issued by his/her superior), the retirement benefits (excluding pensions) and retirement allowances may not be paid partially, as prescribed by Presidential Decree. In such cases, when he/she no longer falls under the grounds for the restriction of the payment of benefits, the balance, in addition to the interest specified by Presidential Decree, shall be paid.

(3)

Where a person who is or was a public official commits a crime as prescribed in Chapters I and II of Part II under the Criminal Act, Chapters I and II of Part II under the Military Criminal Act, and the National Security Act (excluding Article 10) due to any ground arising during the period of his/her service and is sentenced to imprisonment without prison labor or heavier punishment, the amount calculated by adding the interest specified in Article 379 of the Civil Act to the total amount of contribution paid shall be returned, but the benefits shall not be paid.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

CHAPTER V DEFRAYMENT OF EXPENSES

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Article 65 (Principles for Defrayment of Expenses)

(1)

Expenses incurred in relation to retirement benefits and survivors' benefits, of the benefits under Article 42 (excluding a survivors' pension under Article 56 (1) 2 and 3, a survivors' pension for public officials who died on duty under Article 56 (4), survivors' compensation benefits under Article 61 (1), and compensation for survivors of public officials who died on duty under Article 61 (3); hereafter the same shall apply in this paragraph), shall be borne by public officials, the State or local governments. In such cases, expenses incurred in relation to the retirement benefits and the survivors' benefits shall be recalculated at least once every five years in order to maintain financial balance. <Amended by Act No. 10984, Aug. 4, 2011>

(2)	The State or local governments shall bear expenses for payment of benefits under Article 34, benefits on a disease, injury, disability, or death occurred in the line of duty, and benefits for survivors of public officials who died on duty, out of benefits prescribed in Article 42.

(3)	The State or local governments shall bear expenses for the payment of retirement allowances, out of benefits prescribed in Article 42.

(4)	The State may subsidize expenses incurred in operating the GEPS.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 66 (Contributions)

(1)

Contributions shall be paid in monthly installments from the month which includes the date of appointment of a person as a public official to the month which includes the day immediately preceding the date of his/her retirement or the date of his/her death: Provided, That the person who has paid contributions for over 33 years shall be exempted from the payment of contributions.

(2)

The amount of contributions prescribed in paragraph (1) shall be the amount equivalent to 70/1,000 of the amount of standard monthly income. In such cases, the amount of standard monthly income shall not exceed 180/100 of the average of the amounts of standard monthly incomes of all public officials.

(3)

A person whose period of military service is included in the tenure of office as a public official under Article 23 (3) shall pay, for such included period, retroactive contributions in an amount equal to the contributions for the relevant months, from the month following the month which includes the date on which the GEPS approves such inclusion. In such cases, when the relevant public official retires from office or dies in the middle of paying such retroactive contributions, the remaining amount of the retroactive contributions calculated on the basis of the amount of standard monthly income at the time of retirement or death shall be deducted from the relevant retirement benefits or survivors' benefits. <Amended by Act No. 10984, Aug. 4, 2011>

(4)

In cases falling under the former part of paragraph (3), when the relevant public official intends to pay the retroactive contributions in a lump sum, he/she may pay in a lump sum the remaining amount of the retroactive contributions calculated on the basis of the amount of contributions for the month for which he/she intends to pay the same. <Newly Inserted by Act No. 10984, Aug. 4, 2011>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 67 (Collection of Contributions)

Contributions shall be collected from monthly remuneration by a person liable to collect the contributions and paid to the GEPS within three days from the payday.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 68 (Collection of Contributions in Cases of Transfer-Out)

Where a public official is transferred to another agency, contributions for the month in which the day of transfer-out occurs shall be collected by a person liable to collect the contributions in his/her previous agency.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 68-2 (Disposition of Overpaid or Underpaid Contributions)

(1)	Overpaid or underpaid contributions may be reduced or added at the time of collecting the following contributions.

(2)	The criteria for computing the amount of contributions to be reduced or added under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 69 (Pension Charges and Supplementary Money)

(1)

The amount of charges borne by the State or a local government under Article 65 (1) (hereinafter referred to as "pension charges") shall be the amount equivalent to 70/1,000 of the budget for remuneration prescribed by Presidential Decree in each fiscal year: Provided, That where the State or the local government cannot cover the expenses incurred for the payment of retirement benefits and survivors' benefits (excluding a survivors' pension under Article 56 (1) 2 and 3, a survivors' pension for public officials who died on duty under Article 56 (4), survivors' compensation benefits under Article 61 (1), and compensation to survivors of public officials who died on duty under Article 61 (3)), out of benefits under Article 42, with contributions and pension charges, the State or the local government shall bear the relevant deficiencies (hereinafter referred to as "supplementary money"), as prescribed by Presidential Decree. <Amended by Act No. 10984, Aug. 4, 2011>

(2)	The State or local governments shall pay to the GEPS the pension charges and supplementary money under paragraph (1) (hereafter referred to as "pension charges, etc." in this Article) for each quarter by the end of January, April, July and October.

(3)	In cases falling under paragraph (2), the calculation of pension charges, etc. shall be based on the first day of each quarter: Provided, That when the budget for remuneration is increased or decreased, it shall be settled in calculation of the pension charges, etc. for the following quarter.

(4)	Pension charges, etc. to be borne by a local government may be collected directly by the GEPS, out of the grants-in-aids or other subsidies which the State grants to the local government.

(5)	Pension charges, etc. referred to in paragraph (4) may be collected in advance as an estimate. In such cases, they shall be settled at the end of the following quarter.

(6)	Where any overpaid or underpaid pension charges, etc., exists, the difference shall be reduced from or added to payment of the pension charges, etc. in the following quarter.

(7)

Where the overpaid or underpaid pension charges, etc. under paragraph (6) have not been settled when the pension charges, etc. for the following quarter are paid (including where the total amount is not paid to the GEPS within the relevant fiscal year), the settlement shall be made with such overpaid or unpaid amount as the principal and interest prescribed by Presidential Decree.

(8)

Where the Minister of Security and Public Administration deems it necessary for efficiently operating the finance of the public officials pension, he/she may use funds transferred from the public official pension fund under Article 19 to make up for the supplementary money, subject to deliberation by the Public Official Pension Management Committee. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 69-2 (Accumulation of Legal Reserves)

The State and local governments shall, for the financial stability of the public officials pension, accumulate legal reserves in the pension fund within budgetary limits.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 69-3 (Accident Compensation Charges)

(1)

Expenses to be borne by the State or local governments under Article 65 (2) (excluding expenses incurred for paying accident relief money and death condolence money to be paid to public officials of local governments; hereinafter referred to as "accident compensation charges") shall be the amount computed, as prescribed by Presidential Decree, in view of the incidence rate of accidents, the scope of expenses to be borne, etc.

(2)	Article 69 (2) through (7) shall apply mutatis mutandis to the payment of the accident compensation charges to be borne by the State or local governments.

(3)

Where accident compensation charges cannot cover the expenditures required for the payment of accident compensation benefits (referring to medical care expenses related to the performance of official duties, accident relief money, and death condolence money (excluding expenses incurred for accident relief money and death condolence money to be paid to public officials of local governments), disability benefits, survivors' pension under Article 56 (1) 2 and 3, survivors' pension for public officials who died on duty under Article 56 (4), survivor's compensation benefits under Article 61 (1), and compensation for survivors of public officials who died on duty under Article 61 (3)), temporary borrowings may be made from the public official pension fund. In such cases, the temporary borrowings shall be refunded by adding the interest prescribed by Presidential Decree by the end of the following fiscal year. <Amended by Act No. 10984, Aug. 4, 2011>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 69-4 (Retirement Allowance Charges)

(1)	Expenses incurred for the payment of retirement allowances to be borne by the State or local governments under Article 65 (3) (hereinafter referred to as "retirement allowance charges") shall be the amount computed, as prescribed by Presidential Decree.

(2)

Article 69 (2) through (7) shall apply mutatis mutandis with regard to the payment of retirement allowance charges to be borne by the State or local governments: Provided, That where the amount paid by the State or local governments by the end of the relevant fiscal year is short of, or in excess of the expenses actually incurred, the difference shall be settled by the end of January of the following year, as prescribed by Presidential Decree, and unless the settlement is made by the end of January of the following year, the amount calculated by adding the interest specified by Presidential Decree shall be paid.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 70 (Transfer of Amount of Pension)

(1)

Where an annuitant of a veteran's retirement pension, retirement pension, or early retirement pension under the Military Pension Act or the Pension for Private School Teachers and Staff Act retires from office or dies after being appointed as a public official and granted an aggregation of his/her former tenure of office as prescribed in Article 24 (1), the Minister of National Defense or the Korea Teachers Pension shall transfer to the GEPS the amount equivalent to the veteran's retirement pension, retirement pension, early retirement pension, or survivors' pension (including the amount receivable under Article 30, benefits additional to survivors' pension and special benefits additional to survivors' pension) which the retired person or his/her survivors (including those entitled to receive benefits under Article 30) are able to receive under the Military Pension Act or the Pension for Private School Teachers and Staff Act. In such cases, the computation method, transfer period, etc. of the transfer amount shall be prescribed by Presidential Decree. <Amended by Act No. 10984, Aug. 4, 2011>

(2)

If benefits under this Act are not paid as prescribed in Article 45 (5) and (6), such unpaid amount shall be transferred to the funds for accident compensation charges for the fiscal year after next. In such cases, a survivor of a public official who died on duty or a survivor of a public official falling under Article 56 (1) 3 receives the survivors' pension concerned and is entitled to a survivors' pension under Article 56 (1) 1, the amount to be transferred shall be calculated as he/she is deemed to have received survivors' lump-sum benefits. <Amended by Act No. 10984, Aug. 4, 2011>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 71 Deleted. <by Act No. 6328, Dec. 30, 2000>

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Article 72 (Defrayment of Student Loans)

(1)

Among the public official welfare projects executed by the GEPS, loans necessary for lending school expenses for a public official him/herself and his/her children as well as operating expenses (hereinafter referred to as "student loans, etc.") shall be borne (hereinafter referred to as "contributions for student loans") by the State or local governments, as prescribed by Presidential Decree.

(2)

The State or local governments shall pay contributions for student loans under paragraph (1) to the GEPS on a semi-annual basis, which falls on the end of January and the end of July. In such cases, Article 69 (6) and (7) shall apply mutatis mutandis with regard to the settlement, etc. of any overpaid or underpaid contributions for student loans.

(3)

Where the GEPS cannot cover student loans, etc. with the contributions for student loans paid by the State or local governments, it may borrow a temporary loan for such shortage from the public official pension fund. In such cases, the State or local governments shall pay the interest accrued on the amount of such temporary loan to the GEPS by the end of the following fiscal year, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

CHAPTER VI PUBLIC OFFICIAL PENSION FUND

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Article 73 (Establishment of and Constitution to Public Official Pension Fund)

(1)	The public official pension fund (hereinafter referred to as the "Fund") shall be established as a legal reserve to pay benefits under this Act.

(2)	The Fund shall be constituted of the reserve funds which are earmarked in the budget of the GEPS, surplus on the settlement of accounts, and the Fund's operating margins in each fiscal year.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 74 (Management and Operation of Fund)

(1)	The Fund shall be managed and operated by the GEPS.

(2)	The Fund shall be operated in any of the following ways:

1.	Increase in Fund reserves and the acquisition of property to promote the welfare of public officials;

2.	Deposits in financial institutions;

3.	Deposits in financial funds;

4.	Purchase of securities which are issued directly or the payment of which is guaranteed by the State, a local government, or a financial institution;

5.	Loans to public officials or persons entitled to receive a public official pension;

6.	Other projects to increase Fund reserves and projects to promote the welfare of public officials as prescribed by Presidential Decree.

(3)	The GEPS shall obtain prior approval from the Minister of Security and Public Administration for important matters concerning the operation of the Fund. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 74-2 (Contribution and Investment of Fund)

(1)	The GEPS may contribute the Fund to projects to promote the welfare of public officials, after deliberation by the Public Official Pension Management Committee.

(2)	The GEPS may invest the Fund in any of the following projects to promote the welfare of public officials under Article 74 (2) 6, after deliberation by the Public Official Pension Management Committee.

1.	Sports facilities business under the Installation and Utilization of Sports Facilities Act;

2.	Tourist accommodation business and resort condominium business under Article 3 of the Tourism Promotion Act;

3.	The establishment and operation of funeral service facilities under subparagraph 15 of Article 2 of the Act on Funeral Services, etc..

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 75 (Public Official Pension Management Committee)

(1)

In order to deliberate on the following matters concerning the public officials pension, the Public Official Pension Management Committee (hereinafter referred to as the "Management Committee") shall be established in the Ministry of Security and Public Administration: <Amended by Act No. 11690, Mar. 23, 2013>

1.	Matters concerning the public officials pension system;

2.	Matters concerning the accounting of the public officials pension;

3.	Matters concerning Fund management plans and settlement of accounts;

4.	Matters concerning projects to promote the welfare of public officials by the Fund;

5.	Matters concerning the contribution and investment of the Fund;

6.	Other matters acknowledged by the Minister of Security and Public Administration as necessary for the management of the public officials pension.

(2)	The Management Committee shall be comprised of not less than 15, but not more than 20 members, including the chairperson.

(3)

The Vice Minister of Security and Public Administration shall assume the chairmanship of the Management Committee, and other members shall be nominated or commissioned by the Minister of Security and Public Administration from among those falling under any of the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013>

1.	Public officials of central administrative agencies related to the affairs of the public officials pension;

2.	Public officials belonging to an organization of public officials;

3.	Annuitants of a retirement pension;

4.	Those who belong to a nonprofit, non-governmental organization under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;

5.	Persons with considerable knowledge and experience in the public officials pension.

(4)	Necessary matters concerning the organization and operation of the Management Committee shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 75-2 (Line of Duty Death Compensation Review Committee)

(1)

In order to deliberate on matters concerning the payment of benefits to survivors of public officials who died on duty, the Line of Duty Death Compensation Review Committee (hereinafter referred to as "Review Committee") shall be established in the Ministry of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013>

(2)	The Review Committee shall be comprised of not less than seven, but not more than nine members, including the chairperson.

(3)	The Vice Minister of Security and Public Administration shall serve as the chairperson of the Management Committee, and the following persons shall serve as members: <Amended by Act No. 11690, Mar. 23, 2013>

Grade III or higher-ranking public officials, each from the Ministry of Strategy and Finance, the Ministry of Justice, the Ministry of Security and Public Administration, and the Patriots and Veterans Affairs Agency or any public official corresponding thereto, who are recommended by the head of the Ministry or agency whereto they belong:

2.	Other public officials with considerable knowledge and experience who are commissioned by the Minister of Security and Public Administration.

(4)

The Review Committee may, if necessary for deliberations, summon the relevant public officials, interested parties, etc. to appear or conduct investigations, and request State agencies, local governments or the GEPS to submit materials. In such cases, the State agencies, local governments or the GEPS requested to submit materials shall comply with such request in the absence of any justifiable ground.

(5)	Necessary matters concerning the organization and operation of the Review Committee shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 9905, Dec. 31, 2009]

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Article 76 (Borrowing Loans and Appropriation by Transfer from Fund)

(1)	If funds necessary for the payment of benefits in each fiscal year are deficient, the GEPS may borrow a temporary loan from the Fund.

(2)	A temporary loan prescribed in paragraph (1) shall be redeemed within the fiscal year concerned.

(3)	If the expenditure of benefits of each fiscal year exceeds the revenue, the GEPS may make up for it by transfers from the Fund.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 77 (Public Announcement of Fund Operation)

The Minister of Security and Public Administration shall publicly announce the settlement of accounts of the Fund of each fiscal year, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 78 (Interest Rate of Fund)

The interest rate for operation of the Fund shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 79 Deleted. <by Act No. 6328, Dec. 30, 2000>

CHAPTER VII REQUESTS FOR REVIEW

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Article 80 (Requests for Review)

(1)

Any person who is dissatisfied with a decision on benefits, the collection of contributions, and other benefits under this Act (excluding benefits for survivors of public officials who died on duty) may request the Public Official Pension Benefit Review Committee to review such decision, etc., as prescribed by Presidential Decree.

(2)

A request for review as prescribed in paragraph (1) shall be filed within 180 days after the date on which a decision on benefits, etc. is rendered or within 90 days after the relevant party becomes aware of such fact: Provided, That this shall not apply where he/she proves that he/she was not able to file a request for review within such period due to a justifiable ground.

(3)	The Public Official Pension Benefit Review Committee under paragraph (1) shall be established within the Ministry of Security and Public Administration, and matters necessary for its organization, operation, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

(4)	No administrative appeal under the Administrative Appeals Act shall be filed with respect to a decision on benefits, the collection of contributions, and other benefits under this Act (excluding benefits for survivors of public officials who died on duty).

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

CHAPTER VIII SUPPLEMENTARY PROVISIONS

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Article 81 (Prescription)

(1)

If the entitlement to receive short-term or long-term benefits under this Act is not exercised for three years or five years, respectively, after any ground for such benefits arises, such entitlement shall expire due to extinctive prescription: Provided, That in cases of benefits for survivors of public officials who died on duty, the prescription shall be interrupted from the date of applying for benefits as prescribed in Article 26 to the date of rendering a decision on benefits.

(2)	If the entitlement to receive a refund of contributions erroneously paid is not exercised for five years after the date of a decision on the payment of retirement benefits or survivors' benefits, such entitlement shall expire due to extinctive prescription.

(3)	If the authority of the GEPS to collect or recover contributions, funds to be recovered, and other money to be collected, etc. under this Act is not exercised within five years after any ground for collection or recovery arises such entitlement shall expire due to extinctive prescription.

(4)	The notice of or request for payment of contributions, funds to be recovered, and other money to be collected, etc. under this Act, and claims for the payment of benefits or for the refund of excessive payments under this Act, shall have the effect of interrupting extinctive prescription.

(5)	Extinctive prescription interrupted under paragraph (4) shall run anew from the time when the term of payment under the notice of or request for payment has elapsed.

(6)

If a person wins a lawsuit filed with regard to a decision on benefits for survivors of public officials who died on duty as prescribed in Article 26, but does not exercise the entitlement to receive the benefits relating thereto within five years from the date on which such ruling has become final and conclusive, such entitlement shall expire due to extinctive prescription.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 82 (Period of Effectuation)

In calculating the period for a request for benefits or review, report, etc. as prescribed in this Act, the number of days taken by mail the relevant documents are sent shall not be included in such period.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 83 (Confirmation by Heads of Agencies)

(1)	The head of an agency shall examine and confirm the personal records necessary for the existence of any ground for benefits, payment of contributions, and calculation of the tenure of office, and other personal matters of a present or former public official under this Act.

(2)	The head of an agency may request a present or former public official or other related persons to submit materials or state their opinions, if it is necessary for performing duties to confirm matters as prescribed in paragraph (1).

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 84 (Responsibilities of Persons Liable to Collect Contributions)

When a person liable to collect contributions fails to collect contributions intentionally or by gross negligence during the course of performing his/her duties and thus causes losses to the GEPS, he/she shall compensate such losses.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 85 (Authority, etc. of the GEPS)

(1)	In order to ensure the propriety of benefits under this Act, the GEPS may request the heads of agencies dealing with pensions and medical care institutions, and other persons related to the benefits to notify necessary matters or submit the related documents.

(2)

The GEPS may request State agencies, local governments, the Korea Teachers Pension, the National Pension Service, and other public organizations to provide data necessary for conducting investigations of incomes, etc. under Article 47 and other public officials pension affairs. In such cases, agencies in receipt of a request to provide such data shall comply therewith, in the absence of any extenuating ground. <Amended by Act No. 10984, Aug. 4, 2011>

(3)	User fees, handling fees, etc. shall be exempted for data received by the GEPS pursuant to paragraph (2).

(4)	In cases falling under paragraph (1), when a person entitled to receive benefits fails to comply with a request without justifiable grounds, payment of the benefits may be suspended until he/she complies therewith.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 86 (Authority of Minister of Security and Public Administration)

(1)

When the Minister of Security and Public Administration deems it necessary for the proper operation of benefits under this Act and the pension system, he/she may request the heads of agencies dealing with pensions and medical care institutions, and other related persons to conduct the following acts, or may have its public officials or the GEPS investigate the following acts: <Amended by Act No. 11690, Mar. 23, 2013>

1.	Necessary reporting;

2.	Submission of books, documents and other things;

3.	Attendance at certain places, and statement or explanation of opinions.

(2)	When the public official concerned or an employee of the GEPS conducts an investigation as prescribed in paragraph (1), he/she shall carry a certificate indicating his/her authority and present it to related persons.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 87 (Welfare of Retired Public Officials)

(1)	The Minister of Security and Public Administration shall take necessary measures for the welfare of retired public officials, such as the establishment, operation, etc. of the Retired Public Official Benefits Society. <Amended by Act No. 11690, Mar. 23, 2013>

(2)	When the GEPS is entrusted with the cash assets of the Retired Public Official Benefits Society or retired public officials, it may manage and operate such assets.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 87-2 (Honorable Treatment)

Public officials who died on duty and their survivors shall be given honorable treatment as prescribed in the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State due to a reason that they are deemed to be soldiers or policemen who died on duty and their survivors under Article 4 (1) 5 of the same Act, and the registration and decision of persons entitled to receive honorable treatment shall be subject to the same Act: Provided, That persons deemed to be soldiers or policemen killed in action or soldiers or policemen who died on duty and their survivors under Article 4 (1) 3 or 5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and thus specified to receive honorable treatment under other Acts shall be subject to such Acts.

[This Article Newly Inserted by Act No. 9905, Dec. 31, 2009]

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Article 88 (Special Examples for Defrayment of Expenses)

Expenses incurred in the payment of the benefits accrued due to a war or disaster shall be borne by the State within the limits of the amount which exceeds the contributions, charges and Fund's operating margins in the relevant year.

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

CHAPTER IX PENAL PROVISIONS

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Article 89 (Fines for Negligence)

(1)	When an executive or employee of the GEPS violates an order issued or measure taken under Article 17 (3), or refuses, hinders or avoids an examination, he/she shall be punished by a fine for negligence not exceeding one million won.

(2)	Any person who fails to make a report under Article 86 (1) or who makes a false report, or refuses, hinders or avoids an examination shall be punished by a fine for negligence not exceeding 300,000 won.

(3)	Fines for negligence under paragraphs (1) and (2) shall be levied and collected by the Minister of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9905, Dec. 31, 2009]

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Article 90 Deleted. <by Act No. 9905, Dec. 31, 2009>

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 1983.

Article 2 (Repeal of Act)

Article 3 (Transitional Measures concerning Fund and the GEPS)

The public official pension fund established by the former Act related to the Establishment, Operation, etc. of the Public Official Pension Special Accounting and Fund as at the time this Act enters into force shall be deemed the Fund under this Act, and the Government Employees Pension Corporation established under the same Act shall be deemed the GEPS under this Act.

Article 4 (Succession, etc. of Rights and Duties)

(1)

All rights and duties held by the Minister of Government Administration with regard to the property (including loans and obligations) and goods that belong to the public official pension special accounting and the public official pension fund, in accordance with the former Public Officials Pension Act and the Act Related to the Establishment, Operation, etc. of the Public Official Pension Special Accounting and Fund as at the time this Act enters into force shall be comprehensively assumed and succeeded by the GEPS.

(2)	The title "Minister of Government Administration" indicated in the register book and other public books concerning the property and goods which the GEPS succeeds as prescribed in paragraph (1) shall be deemed to be the "GEPS".

(3)

Any action taken by the Minister of Government Administration concerning the collection of contributions, benefits, and the management and operation of the public official pension special accounting and the public official pension fund before this Act enters into force shall be deemed taken by the GEPS, and any action taken towards the Minister of Government Administration shall be deemed taken towards the GEPS.

Article 5 (Transitional Measures concerning Inclusion of Period of Military Service into Tenure of Office)

Any person whose period of military service is included in the tenure of office as a public official who is serving at the time this Act enters into force shall pay, for such included period, retroactive contributions in an amount equal to the contributions for the relevant months, from the month in which this Act enters into force falls. In such cases, when the public official concerned retires from office or dies in the middle of the payment of such retroactive contributions, the remaining retroactive contributions calculated on the basis of the monthly amount of remuneration at the time of retirement or death shall be deducted from the retirement or survivors' benefits concerned.

Article 6 (Transitional Measures concerning Reduction of Tenure of Office)

The calculation of the period for which a public official received a disposition of temporary leave from office, suspension from office, or release from position before January 1, 1973 shall be subject to the former provisions.

Article 7 (Measures concerning Retroactive Tenure of Office)

(1)	Any person who has been granted an aggregation or inclusion of his/her former tenure of office as prescribed in the former provisions before this Act enters into force shall be deemed to have been granted under this Act.

(2)

Any public official (including military personnel under Article 2 of the Military Pension Act) who served in office as a public official between August 15, 1948 and December 31, 1959, or as a member of sundry payment personnel between January 1, 1975 (January 1, 1976 for local sundry payment personnel) and June 30, 1980, or as a member of expert personnel between November 29, 1973 and June 30, 1980, may include the relevant periods in his/her tenure of office after obtaining the approval of the GEPS. In such cases, Article 16 of the Military Pension Act shall apply mutatis mutandis with regard to the calculation of the period of military service to be included.

(3)

Any person who has obtained approval for the retroactive calculation of his/her tenure of office under paragraph (1) shall pay, for such period, monthly retroactive contributions in an amount equal to the contributions for the relevant month. In such cases, when the public official concerned retires from office or dies in the middle of the payment of the retroactive contributions, the remaining retroactive contributions calculated on the basis of the monthly amount of remuneration shall be deducted from the retirement or survivors' benefits concerned.

Article 8 (Transitional Measures concerning Existence of Grounds for Benefits)

The former provisions shall apply with regard to the benefits of a person for whom a ground for benefits exists before this Act enters into force.

ADDENDA <Act No. 3735, Jul. 25, 1984>

(1)	(Enforcement Date) This Act shall enter into force on January 1, 1985.

(2)	(Transitional Measures concerning Committee's Acts, etc.) Any acts done by or towards the former Public Official Pension Benefit Deliberation Committee before this Act enters into force shall be deemed acts done by or towards the Public Official Pension Benefit Review Committee under this Act.

(3)	(Transitional Measures concerning Existence of Grounds for Payment) The former provisions shall apply with regard to the benefits of a person for whom a ground for benefits exists before this Act enters into force.

(4)	(Transitional Measures concerning Acts, etc. by the GEPS) Any action done by the GEPS with regard to decisions on payment before this Act enters into force shall be deemed taken on commission by the Minister of Government Administration.

ADDENDA <Act No. 3964, Nov. 28, 1987>

(1)	(Enforcement Date) This Act shall enter into force on January 1, 1988.

(2)	(Transitional Measures concerning Existence of Grounds for Payment) The former provisions shall apply with regard to the benefits of a person for whom a ground for benefits exists before this Act enters into force: Provided, That this shall not apply to survivors' pension under Article 57 (1).

ADDENDA <Act No. 4017, Aug. 5, 1988>

Article 1 (Enforcement Date)

This Act shall enter into force on September 1, 1988.(Proviso Omitted.)

Articles 2 through 8 Omitted.

ADDENDA <Act No. 4033, Dec. 29, 1988>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Article 2 (Transitional Measures concerning Existence of Grounds for Payment)

The former provisions shall apply with regard to the benefits of a person for whom a ground for benefits exists before this Act enters into force.

Article 3 (Transitional Measures concerning Suspension of Payment of Pension)

(1)

Notwithstanding Article 2 of the Addenda, the amended provisions of subparagraph 1 of Article 47 shall apply with regard to the benefits to be paid after this Act enters into force to annuitants before this Act enters into force: Provided, That this shall not apply where an annuitant who serves in a school institution prescribed in Article 3 of the Private School Teachers' Pension Act fails to include his/her former tenure of office as prescribed in Article 32 (1).

(2)

Where a person who has received a pension under the proviso to paragraph (1) intends to include his/her former tenure of office as prescribed in Article 32 (1) of the Private School Teachers' Pension Act after this Act enters into force, he/she shall return to the GEPS the pension which is paid after this Act enters into force and the interest specified by Presidential Decree.

ADDENDA <Act No. 4334, Jan. 14, 1991>

(1)	(Enforcement Date) This Act shall enter into force on October 1, 1991.

(2)	(Transitional Measures concerning Existence of Grounds for Payment) The former provisions shall apply with regard to the benefits of a person for whom a ground for benefits exists before this Act enters into force.

(3)

(Transitional Measures concerning Calculation of Tenure of Office) The amended provisions of Article 23 (4) and (5) shall not apply with regard to the payment of retirement allowances to a person who serves in office at the time this Act enters into force: Provided, That the periods of leave from office (excluding leave from office due to any of the grounds set forth in the subparagraphs of Article 23 (5)), release from position, and suspension from office shall be reduced to half, respectively.

(4)

(Transitional Measures concerning Refund in Addition of Tenure of Office) Where a person who serves in office at the time this Act enters into force is granted an aggregation of his/her former tenure of office and pays the refund accordingly, he/she shall pay such refund including money added to retirement benefits under the former provisions.

ADDENDA <Act No. 5117, Dec. 29, 1995>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 1996: Provided, That the amended provisions of Article 47 shall enter into force on January 1, 2000.

Article 2 (Transitional Measures concerning Existence of Grounds for Payment)

The former provisions shall apply with regard to the benefits of a person for whom a ground for benefits exists before this Act enters into force.

Article 3 (Transitional Measures concerning Scope of Survivors)

Notwithstanding the amended provisions of Article 3 (1) 2, the former provisions shall apply with regard to a spouse, child (including an embryo or fetus as of December 31, 1995), parent, grandchild (including an embryo or fetus as of December 31, 1995) and grandparent who established a conjugal, parental, or adoption relationship, before this Act enters into force, with a public official who retired before December 31, 1995.

Article 4 (Special Cases for Public Officials Reappointed on Retirement Day or Day Next to Retirement Day)

When a person who is reappointed on the retirement day or on the day following the retirement day before this Act enters into force and receives retirement benefits and retirement allowances for the tenure of office before the reappointment, returns the previous retirement benefits and retirement allowances by June 30, 1996 (including cases where he/she expresses the intention to return them by June 30, 1996 and pays them in installments by applying Article 24 (3) mutatis mutandis), he/she shall be deemed to keep serving in his/her office, notwithstanding the amended provisions of Article 3 (1) 3.

Article 5 (Transitional Measures concerning Inclusion of Tenure of Office)

Any public official who serves in office as of December 31, 1995 and falls under Article 23 (2) (including persons who are granted an aggregation of their former tenure of office again under the former provisions of Article 24 (5) and (6)) may file an application for addition of the tenure of office by December 31, 1997, notwithstanding the amended provisions of Article 24 (1).

Article 6 (Special Cases for Suspension of Payment of Retirement Pension, etc.)

The amended provisions of Article 47 (including cases applicable mutatis mutandis in Article 55 (1)) shall also apply to persons for whom a ground for benefits exists before December 31, 1999.

Article 7 (Transitional Measures concerning Application of Previous Class and Salary Grade)

Notwithstanding the amended provisions of Article 66 (4), any public official who serves in office as of December 31, 1995 and for whom a ground for application of his/her previous class and salary grade exists, may file an application for the application of the previous class and salary grade by December 31, 1996.

ADDENDA <Act No. 6101, Dec. 31, 1999>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2000. (Proviso Omitted.)

Articles 2 through 4 Omitted.

ADDENDA <Act No. 6124, Jan. 12, 2000>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Articles 2 through 6 Omitted.

ADDENDA <Act No. 6290, Dec. 26, 2000>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation.

Articles 2 through 4 Omitted.

ADDENDA <Act No. 6328, Dec. 30, 2000>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2001: Provided, That the amended provisions of Articles 26 (1), 38, 63, 69 (8), 69-3 shall enter into force on January 1, 2002, and the amended provisions of Article 47 shall enter into force on the date prescribed by Presidential Decree but within five years.

Article 2 (General Transitional Measures concerning Existence of Grounds for Benefits)

With respect to the benefits for those for whom a ground for benefits exists before this Act entering into force, the former provisions shall apply.

Article 3 (Transitional Measures concerning Application of Average Monthly Amount of Remuneration)

The average monthly amount of remuneration under the amended provisions of Article 3 (1) 5 shall be computed on the basis of the tenure of office after this Act enters into force and of the tenure of office or period of military service aggregated under Article 23 (2) after this Act enters into force.

Article 4 (Transitional Measures concerning Term of Office of Auditor)

The amended provisions of Article 8 (2) shall not apply to the auditor of the GEPS who is in office at the time this Act enters into force.

Article 5 (Special Examples for Aggregating Tenure of Office)

Among public officials who are in office as of December 31, 2000 and who are entitled to add his/her former tenure of office or period of military service under Article 23 (2), those whose tenure of office will be less than 20 years even if they serve until they reach the age limit or the upper age limit for service due to the reduction of the age limit or the upper age limit for service as a result of amendments to the Acts and subordinate statutes pertaining to the appointment of public officials, may add their tenure of office or period of military service until December 31, 2001, notwithstanding the provisions of Article 24 (1).

Article 6 (Transitional Measures concerning Inclusion of Period of Military Service before Appointment into Tenure of Office)

With respect to the inclusion of period of military service before appointment into the tenure of office for those who are in office as of December 31, 2000, the former provisions shall apply, notwithstanding the amended provisions of Article 23 (3).

Article 7 (Transitional Measures concerning Payment of Accident Compensation Benefits)

Notwithstanding the amended provisions of the proviso to Article 26 (1), with respect to the benefits for a disease, injury, disability or the death of a public official related to the performance of official duties for whom a ground for benefits exists for a local government prior to December 31, 2001, the local government shall pay such benefits; and with respect to the benefits to be continually paid after 2002, the GEPS shall pay them from January 1, 2002.

Article 8 (Transitional Measures concerning Computation of Benefit Amounts)

Notwithstanding the amended provisions of Article 27 (3) and the provisions of Article 5 of the Addenda, in computing a retirement pension and early retirement pension under Article 46 (1) and (2) and survivors' pension under Article 56 (1) 1, where the public official retires from office or dies within one year after he/she was promoted, demoted, degraded, transferred, changed position, or reappointed before December 31, 2000 (referring to cases where he/she has been granted an aggregation of his/her former tenure of office or service period under Article 23 (2) due to a reason that a retired public official, member of military personnel or teacher or staff of a private school was appointed as a public official; hereafter the same shall apply in this Article), the amount calculated by taking an average of combining the monthly amount of remuneration before a promotion, demotion, degradation, transfer, change of position or reappointment, and the monthly amount of remuneration at the time of retirement or death, shall be the basis for computing the benefits.

Article 9 (Transitional Measures concerning Adjustment of Pension Amount)

(1)	The pension amount for an annuitant of pension as of December 31, 2000 shall be adjusted under the amended provisions of Article 43-2 on the basis of pension amount as of December 31, 2000.

(2)	Notwithstanding the amended provisions of Article 43-2 (3), the first adjustment of pension amount after this Act enters into force shall be made when two years have elapsed after this Act enters into force. <Amended by Act No. 6859, Mar. 12, 2003>

Article 10 (Transitional Measures concerning Payment of Retirement Pension)

(1)	With respect to the public officials whose tenure of office at the time this Act enters into force is not less than 20 years, a retirement pension shall be paid from their retirement to their deaths, notwithstanding the amended provisions of Article 46 (1).

(2)

The retirement pension of public officials who are in office at the time this Act enters into force, and whose tenure of office is less than 20 years (referring to those officials who were appointed before December 31, 1995 or after January 1, 1996 and who have been granted an aggregation of careers as a public official, soldier, or member of private school personnel before December 31, 1995; hereafter the same shall apply in paragraphs (3) and (4)), in cases where they retire from office after this Act enters into force as their tenure of office reaches not less than 20 years, shall be paid, notwithstanding the amended provisions of Article 46 (1) 1 and 2, from the time they attain the relevant age determined for each of the following retirement years (referring to the year whereto belongs the day preceding the date of retirement, or the year in which the date of death falls): Provided, That this shall not apply where they first reach the age limit or the upper limit of service age under the amended provisions of Article 46 (1) 2:

1.	From 2001 to 2002 : 50 years of age;

2.	From 2003 to 2004 : 51 years of age;

3.	From 2005 to 2006 : 52 years of age;

4.	From 2007 to 2008 : 53 years of age;

5.	From 2009 to 2010 : 54 years of age;

6.	From 2011 to 2012 : 55 years of age;

7.	From 2013 to 2014 : 56 years of age;

8.	From 2015 to 2016 : 57 years of age;

9.	From 2017 to 2018 : 58 years of age;

10.	From 2019 to 2020 : 59 years of age.

(3)

Notwithstanding paragraph (2), at a time when a public official whose tenure of office is less than 20 years at the time this Act enters into force has reached the tenure of office of 20 years, and has retired from office after serving for not less than the tenure of service which is less than 20 years at the time this Act enters into force, the retirement pension shall be paid from such time: Provided, That when he/she first reaches the age under paragraph (2), the provisions of paragraph (2) shall apply.

(4)

When a public official whose tenure of office is less than 20 years at the time this Act enters into force retires from office after serving for not less than 20 years, the early retirement pension under Article 46 (2) may be paid according to his/her own wishes by applying the number of years which are short of the relevant years of age determined for each year falling under the subparagraphs of paragraph (2).

(5)

When a public official who has been granted an aggregation of his/her career (the career before December 31, 1995 shall be included; hereafter the same shall apply in this paragraph) as a public official or a member of military personnel or private school personnel before this Act enters into force under Article 23 (2) and Article 5 of the Addenda retires from office after serving for not less than 20 years after this Act enters into force, the period of such career added up shall be deemed the tenure of office at the time this Act enters into force under the provisions of paragraphs (1) through (4), and the retirement pension or early retirement pension shall be paid from the time or age for the payment of pension under the same provisions.

Article 11 (Transitional Measures concerning Suspension of Payment of Retirement Pension, etc.)

The amended provisions of Article 47 (including cases applicable mutatis mutandis in Article 55 (1)) shall also apply to those for whom a ground for benefits exists before the date on which the same provisions enters into force.

Article 12 (Transitional Measures concerning Disability Pension or Disability Compensation)

The amended provisions of Article 51 (1) shall also apply where any public official who retires from office at the time this Act enters into force becomes disabled.

Article 13 (Transitional Measures concerning Accident Compensation Charges)

In applying the former Article 69 (8) until December 31, 2001, the amended provisions of Article 69 (2), (6) and (7) shall apply mutatis mutandis.

Article 14 (Transitional Measures concerning Request for Review)

With respect to the decisions, etc. on benefits for which no request for review has been filed at the time this Act enters into force, and for which the period of request for review under the former provisions has elapsed, no request for review may be filed, notwithstanding the amended provisions of Article 80 (2).

Article 15 Omitted.

ADDENDA <Act No. 6622, Jan. 19, 2002>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 and 3 Omitted.

ADDENDA <Act No. 6859, Mar. 12, 2003>

(1)	(Enforcement Date) This Act shall enter into force on the date of its promulgation, but shall apply on or after January 1, 2003.

(2)

(Transitional Measures concerning Adjustment of Pension Amount) Notwithstanding an adjustment made in accordance with the amended provisions of Article 43-2 (3), in the event a reversal has occurred in the payment of pension amount between low-ranking posts and high-ranking posts with the same tenure of office, such reversal shall be corrected through separate compensation: Provided, That in cases of any public official who has held neither a post nor a low-ranking post, such compensation shall be made according to the examples of any public official who has held a post.

ADDENDA <Act No. 7543, May 31, 2005>

(1)	(Enforcement Date) This Act shall enter into force on July 1, 2005.

(2)

(Transitional Measures concerning Existence of Grounds for Benefits) With regard to the benefits for whom a ground for the payment of benefits exists before this Act enters into force, the former provisions shall apply: Provided, That the amended provisions of Article 47 (including cases applicable as mutatis mutandis in Article 55 (1)) of the amended Public Officials Pension Act (Act No. 6328) shall also apply to persons for whom a ground for the payment of benefits exists before the date on which the same provisions enter into force.

ADDENDA <Act No. 7773, Dec. 29, 2005>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2006.

Article 2 Omitted.

ADDENDA <Act No. 8245, Jan. 19, 2007>

(1)	(Enforcement Date) This Act shall enter into force on the date of its promulgation.

(2)	(Applicability to Calculation of Tenure of Office in Payment of Retirement Allowances) The amended provisions of Article 23 (5) 3-3 shall apply to a temporary retirement, the application for which is filed on or after the date this Act enters into force.

ADDENDA <Act No. 8373, Apr. 11, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Articles 2 through 7 Omitted.

ADDENDA <Act No. 8387, Apr. 27, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Articles 2 through 9 Omitted.

ADDENDA <Act No. 8541, Jul. 23, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 43 Omitted.

ADDENDA <Act No. 8694, Dec. 14, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2008. (Proviso Omitted.)

Articles 2 through 26 Omitted.

ADDENDA <Act No. 8852, Feb. 29, 2008>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 7 Omitted.

This Act shall enter into force on the date of its promulgation.

ADDENDUM <Act No. 8928, Mar. 21, 2008>

This Act shall enter into force on the date of its promulgation.

ADDENDA <Act No. 8996, Mar. 28, 2008>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 5 Omitted.

ADDENDA <Act No. 9905, Dec. 31, 2009>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 64 shall enter into force on January 1, 2009.

Article 2 (Repeal of other Acts)

The Act on Compensation to Public Officials Who Lose their Lives in the Course of Performing Dangerous Duties shall hereby be repealed.

Article 3 (Special Cases for Application of Amount of Standard Monthly Income)

Notwithstanding the amended provisions of Article 3 (1) 5, the amount of standard monthly income for calculating the amount of benefits pursuant to the amended provisions of Article 3 (1) 5 concerning the tenure of office after this Act enters into force shall be the amount obtained by multiplying the amount of standard monthly income by the ratio for each tenure of office as stipulated by Presidential Decree: Provided, That where there is any change in the tenure of office due to a reason that the period added up as prescribed in Article 23 (2) after this Act enters into force includes the tenure of office or period of military service before this Act enters into force, the amount of standard monthly income shall be recalculated on the basis of such changed tenure of office.

Article 4 (Special Cases for Aggregation of Tenure of Office)

(1)

A public official who retires from office between January 1, 1996 and December 31, 2005 and is entitled to aggregate his/her former tenure of office under the amended provisions of Article 23 (2) may file an application for aggregation of the tenure of office within one year from the date on which this Act enters into force, if his/her tenure of office will less than 20 years even though he/she serves until the age of limit or the upper age limit for service or if his/her tenure of office will be not less than 20 years in cases of adding up his/her former tenure of office (excluding persons whose former tenure of office or period of military service is not less than 20 years).

(2)

Where a public official has been granted an aggregation of his/her tenure of office as prescribed in paragraph (1), he/she shall only be paid a retirement pension or early retirement pension for 20 years of service, as well as lump-sum retirement annuity deductions for service in excess of 20 years.

Article 5 (Special Cases for Contributions and Charges)

Notwithstanding the amended provisions of Articles 66 (2) and 69 (1), the amount of contributions and charges shall be calculated by multiplying the amount of standard monthly income and budget for remuneration for the relevant year by any of the following ratios:

1.	Year 2010: 63/1,000;

2.	Year 2011: 67/1,000.

Article 6 (Applicability to Calculation of Tenure of Office for Computing Retirement Allowances)

The amended provisions of Article 23 (5) 4 and (6) shall apply to the calculation and payment of retirement allowances on or after the date this Act enters into force.

Article 7 (Transitional Measures for Payment of Benefits)

(1)

The payment of benefits, a ground for the payment of which exists before this Act enters into force shall be governed by the former provisions: Provided, That the amended provisions of Article 47 (2) shall also apply to persons for which a ground for benefits exists before this Act enters into force; and the amended provisions of Article 64 shall also apply to the payment of a retirement pension or early retirement pension which is payable after January 1, 2009 to annuitants of a retirement pension or early retirement pension prior to January 1, 2009, as well as retirement benefits and retirement allowances a ground of the payment of which exists after January 1, 2009.

(2)

The payment of benefits for the tenure of office before this Act enters into force (including the tenure of office and period of military service before this Act enters into force, out of such periods as aggregated under Article 23 (2) after this Act enters into force; hereinafter referred to as "previous period") shall be governed by the former provisions.

(3)

The minimum age requirement for the payment of a retirement pension and early retirement pension for public officials who have served from before this Act enters into force (including persons who have been granted an aggregation of their tenure of office or period of military service before this Act enters into force as prescribed in Article 23 (2), after this Act enters into force; hereinafter the same shall apply) shall be governed by the former provisions.

(4)	The average amount of standard monthly income under the amended provisions of Article 3 (1) 6 shall be calculated on the basis of the tenure of office after this Act enters into force.

(5)	The amount of benefits for the previous period under paragraph (2) shall be calculated according to the following methods:

The monthly amount of remuneration or the average monthly amount of remuneration which forms the basis for the calculation of benefits refers to the amount obtained after converting the monthly amount of remuneration for the month in which the day preceding the effective date of this Act falls, or the average monthly amount of remuneration calculated as of the month in which the day preceding the effective date of this Act falls, into the current value on the date when a ground for the payment of benefits exists: Provided, That the average monthly amount of remuneration which forms the basis for the calculation of a retirement pension and early retirement pension under the former provisions of Article 46 (1) and (2) and a survivors' pension under Article 56 (1) 1 (excluding cases where a former public official dies in the course of receiving a retirement pension or early retirement pension and his/her survivors receive a survivors' pension accordingly) refers to the amount converted as prescribed in the proviso to the amended provisions of Article 3 (1) 6;

2.	If the previous period does not exceed 20 years, the amount of pension for such previous period shall be calculated by multiplying the average monthly amount of remuneration under subparagraph 1 by 25/1,000 for each year of service;

If the previous period exceeds 20 years, the amount of pension for such previous period shall be calculated by adding the amount equivalent to 20/1,000 of the average monthly amount of remuneration under subparagraph 1 for each one year of service which exceeds 20 years, to the amount equivalent to 500/1,000 of the average monthly amount of remuneration under subparagraph 1. In such cases, the amount of retirement pension for the previous period shall not exceed 760/1,000 of the average monthly amount of remuneration under subparagraph 1.

Article 8 (Transitional Measures concerning Adjustment of Pension Amount)

Notwithstanding the amended provisions of Article 43-2, and Article 7 (1) of the Addenda, the amount of pension shall be adjusted from 2010 to 2014, and if the fluctuation rate of nationwide consumer price index under the amended provisions of Article 43-2 (1) differs from the fluctuating rate of government employee's salary by three percentage points (pp) or more for each year, such difference shall be adjusted to the point where it does not exceed three percentage points for each year.

Article 9 (Transitional Measures following Change of Title)

(1)

The Government Employee Pension Corporation at the time this Act enters into force shall be deemed the Government Employees Pension Service under this Act. In such cases, the Government Employees Pension Service shall amend its articles of incorporation pursuant to the amended provisions of this Act within three months after this Act enters into force and obtain authorization thereon from the Minister of Public Administration and Security.

(2)

The president, standing directors, directors, and the auditor of the Government Employee Pension Corporation at the time this Act enters into force shall be deemed to have been appointed as the president, standing directors, non-standing directors, and the auditor of the Government Employees Pension Service, respectively, under this Act. In such cases, the term of office of executives shall be the remainder of their term of office under the former provisions.

(3)	All the property, rights and duties held by the Government Employee Pension Corporation at the time this Act enters into force shall be succeeded by the Government Employees Pension Service.

Article 10 (Transitional Measurers for Legal Fiction as Public Official in Application of Penal Provisions)

Notwithstanding the amended provisions of Article 15, the former provisions of Article 15 shall apply in application of penal provisions with regard to an act conducted by an executive or employee of the GEPS before this Act enters into force.

Article 11 (Transitional Measurers for Payment of Survivors' Pension)

Notwithstanding the amended provisions of Articles 49 (2) and (4), and 57 (1) 1 and 2, a retirement pension, early retirement pension or survivors' pension payable when a public official who has served from before this Act enters into force or who has retired from office before this Act enters into force dies or goes missing, shall be paid in an amount equivalent to 70/100 of the amount of the retirement pension, early retirement pension or disability pension which would have been paid to such person who is or was a public official.

Article 12 (Transitional Measures for Application of Previous Monthly Amount of Remuneration)

Where a person for which a ground for application of the previous monthly amount of remuneration exists in accordance with the former provisions of Article 66 (4) before this Act enters into force files an application for application of the previous monthly amount of remuneration after this Act enters into force, he/she may be caused to pay contributions according to the monthly amount of remuneration earned before reduction of the remuneration amount is made until the month prior to the month in which the effective date of this Act falls, as prescribed in the former provisions.

Article 13 (Transitional Measurers for Change of Title of Scholarship Loans)

Scholarship loans at the time this Act enters into force shall be deemed student loans under this Act.

Article 14 (Transitional Measures following Repeal of the Act on Compensation to Public Officials Who Lose their Lives in the Course of Performing Dangerous Duties)

(1)

Benefits for survivors of public officials who died on duty and their recipients under the Act on Compensation to Public Officials Who Lose their Lives in the Course of Performing Dangerous Duties at the time this Act enters into force, shall be deemed benefits for survivors of public officials who died on duty and their recipients under this Act.

(2)

The scope of public officials who died on duty subject to the payment of benefits for survivors of public officials who died on duty under this Act shall be as prescribed in the applicable examples under Article 2 of the Addenda to the Act on Compensation to Public Officials Who Lose their Lives in the Course of Performing Dangerous Duties (Act No. 7907).

Article 15 (Special Applicability of the Public Officials Pension Act to Employees of the Korea Communications Commission)

Notwithstanding Article 6 (4) of the Addenda to the Act on the Establishment and Operation of Korea Communications Commission (Act No. 8867), calculation of the pension amount for the tenure of office after this Act enters into force shall be governed by the amended provisions of Article 46 (4).

Article 16 Omitted.

ADDENDA <Act No. 10339, Jun. 4, 2010>

Article 1 (Enforcement Date)

This Act shall enter into force from the date on which one month lapses after the promulgation of this Act. (Proviso Omitted.)

Articles 2 and 5 Omitted.

ADDENDA <Act No. 10435, Mar, 8, 2011>

Article 1 (Enforcement Date)

This Act shall enter into force from the date of its promulgation.

Articles 2 (Applicability to Criteria for Payment of Accident Relief Money and Death Condolence Money)

The amended provisions of Articles 27 (1) and (3), 41 (1), and 41-2 (3) shall apply beginning with cases where a ground for the payment of the accident relief money or death condolence money occurs for the first time after this Act enters into force.

ADDENDA <Act No. 10984, Aug. 4, 2011>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 3 (1) and 23 (5) shall enter into force on the date of its promulgation.

Article 2 (Applicability to Public Officials who Died on Duty)

The amended provisions of Article 3 (1) 2 (l) shall apply to public officials who died due to an injury sustained while performing his/her official duties on or after the date the said amended provisions enter into force.

Article 3 (Applicability to Calculation of Tenure of Office for Computation of Retirement Allowances)

The amended provisions of Article 23 (5) 3 shall apply to calculation and payment of retirement allowances made on or after the date the said amended provisions enter into force.

Article 4 (Applicability to Special Cases for Recipients of Benefits)

The amended provisions of Article 30 shall apply where any person who is, or was, a public official dies on or after the date this Act enters into force and where he/she satisfies the eligibility requirements of the same amended provisions.

Article 5 (Applicability to Medical Care and Additional Medical Care)

The amended provisions of Articles 35 (2), 36 and 36-2 shall apply to persons who are receiving or entitled to receive medical care expenses related to the performance of his/her official duties and who received lump-sum medical care benefits related to the performance of his/her official duties pursuant to the previous provisions as at the time this Act enters into force, if they are in need of medical care or additional medical care with respect to the relevant disease or injury sustained while performing his/her official duties. In such cases, with respect to persons who received lump-sum medical care benefits related to the performance of his/her official duties, they shall, for the corresponding period thereof, be deemed to have received the aforementioned lump-sum medical care benefits during the period of medical care extended pursuant to the amended provisions of the proviso to Article 35 (2).

Article 6 (Applicability to Survivors' Pension, Benefit Additional to Survivors' Pension, Special Benefit Additional to Survivors' Pension)

The amended provisions of Articles 56 (1) and 57 (1) shall apply where any person dies on or after the date this Act enters into force and where he/she satisfies the eligibility requirements of the same amended provisions.

ADDENDA <Act No. 11141, Dec. 31, 2011>

Article 1 (Enforcement Date)

This Act shall enter into force on September 1, 2012. (Proviso Omitted.)

Articles 2 through 22 Omitted.

ADDENDUM <Act No. 11488, Oct. 22, 2012>

This Act shall enter into force six months after the date of its promulgation.

ADDENDA <Act No. 11690, Mar. 23, 2013>

Article 1 (Enforcement Date)

(1)	This Act shall enter into force on the date of its promulgation.

(2)

Omitted.

Articles 2 through 7 Omitted.