Article 72 (Survivor Pension Beneficiaries)

(1) If a person who falls under any of the following subparagraphs dies, a survivor pension shall be paid to his/her surviving family: Provided, That if an insured person whose insurance coverage period is less than one year dies of a disease or injury, the survivor pension shall be paid only where such death is caused by a disease or injury which arose during the insurance coverage period:
1. A beneficiary of an old-age pension;
2. A formerly insured person with an insurance coverage period of ten years or more;
3. A currently insured person;
4. A beneficiary of a disability pension who has at least a second degree disability.
(2) If a formerly insured person whose insurance coverage period is less than ten years dies of a disease or injury which arose during his/her insurance coverage period or of a disease caused by the said injury within two years from the date of the first medical examination performed during his/her insurance coverage period of or within one year after losing his/her insured status, the survivors may be paid the survivor pension: Provided, That where the person in question or survivors have been paid a lump-sum refund pursuant to Article 77, the survivor pension shall not be paid.

Article 73 (Scope of Survivors, etc.)

(1) Survivors entitled to a survivor pension shall be the following persons whose livelihood is supported by a person under each subparagraph of Article 72 (1) at the time the person dies (where he/she is declared disappeared under Article 27 (1) of the Civil Act, referring to the time at which the period of disappearance begins; where he/she is declared disappeared under paragraph (2) of the aforesaid Article, referring to the time at which the danger that causes his/her death occurs). In such cases, the criteria for recognition of persons whose livelihood is supported by a person who participates or participated in the National Pension Plan shall be prescribed by Presidential Decree:

1. Spouse;

2. Child: Provided, That such is limited to a child under the age of 25, or a child whose level of disability is at least the second grade;

3. Parent (including the parent of a spouse; hereafter the same shall apply in this Section): Provided, That such is limited to a parent who is aged 60 or older, or a parent with at least a second degree disability;

4. Grandchild: Provided, That such is limited to a grandchild under age 19, or a grandchild with at least a second degree disability;

5. Grandparent (including the grandparent of a spouse; hereafter the same shall apply in this Section): Provided, That such is limited to a grandparent who is aged 60 or older, or a grandparent with at least a second degree disability.

(2) A survivor pension shall be paid only to the highest-ranked person in order of priority as provided for in the subparagraphs of paragraph (1): Provided, That if the survivor’s entitlement to survivor pension referred to in paragraph (1) 1 expires pursuant to Article 75 or is suspended pursuant to Article 76, the survivor pension shall be paid to the survivor referred to in paragraph (1) 2.

(3) If two or more survivors fall within the same ranking in order of priority in case of paragraph (2), the survivor pension shall be equally divided among such survivors, and the method of payment shall be prescribed by Presidential Decree.

Enforcement Ordinance

Enforcement Ordinance

Article 74 (Amount of Survivor Pensions)

The amount of a survivor pension shall be any of the following amounts depending on the insurance coverage period plus a dependant pension amount: Provided, That a survivor pension amount payable where a beneficiary of an old age pension dies shall not exceed the old age pension amount received by the deceased:
1. For an insurance coverage period less than 10 years, an amount equivalent to 400/1000 of the basic pension amount;
2. For an insurance coverage period ranging from 10 to less than 20 years, an amount equivalent to 500/1000 of the basic pension amount;
3. For an insurance coverage period of 20 years or more, an amount equivalent to 600/1000 of the basic pension amount.

Article 75 (Termination of Entitlement to Survivor Pensions)

(1) If the beneficiary of a survivor pension falls under any of the following subparagraphs, his/her entitlement thereto shall terminate:
1. When the beneficiary dies;
2. When the beneficiary who is a spouse remarries;
3. When the beneficiary who is a child or grandchild is adopted or whose adoption is dissolved;
4. When the beneficiary who is a child or grandchild and who does not fall within at least a second degree disability category reaches age 19;
5. When the person who has acquired entitlement to a pension on grounds of disability no longer qualifies as having at least a second degree disability.
(2) A parent, grandchild, or grandparent’s entitlement to a survivor pension shall terminate if a fetus of a currently or formerly insured is born at the time the currently or formerly insured dies, acquiring entitlement to a survivor pension.

Article 76 (Suspension of Payment of Survivor Pension)

(1) With respect to a spouse who is the annuitant of a survivor pension, the survivor pension shall be paid for three years from the time the spouse becomes entitled to such pension and then suspended until the spouse reaches the age of 55: Provided, That if the annuitant falls under any of the following, the payment of such pension shall not be suspended:

1. Where the level of his/her disability is at least the second grade;

2. Where he/she supports the livelihood of children under the age of 25 or a child with the second grade disability or higher grade of a person who participates or participated in the National Pension Plan;

3. Where he/she is not engaged in income-earning activities prescribed by Presidential Decree.

(2) When the whereabouts of a spouse who is the beneficiary of a survivor pension remain unknown for at least one year, the amount of the survivor pension payable to him/her for the period during which his/her whereabouts is unknown shall be suspended at the request of the child who is a survivor.

(3) Where two or more beneficiaries of a survivor pension exist other than the spouse, and whereabouts of one of them remain unknown for at least one year, the payment of the survivor pension payable to him/her for the period in which his/her whereabouts are unknown shall be suspended at the request of the other beneficiaries of the survivor pension.

(4) Where the whereabouts of a person to whom the payment of a survivor pension is suspended pursuant to paragraphs (2) and (3) are confirmed, the suspension of the payment shall be lifted at the request of the person in question.

(5) When the annuitant who is a child or grandchild is adopted by another person, the National Pension Service shall suspend the payment of a survivor pension from the time he/she is adopted by another person.

(6) Where the adoption of a person in whose case the National Pension Service has suspended the payment of a survivor pension pursuant to paragraph (5) is dissolved, the National Pension Service shall cancel the suspension of payment at the request of the person himself/herself from the time the adoption of the person is dissolved.

(7) Where a person who is entitled to receive benefits due to a disability no longer has a disability in the second degree or higher, the National Pension Service shall suspend the payment of a survivor pension from that time.

(8) Where a person in whose case the National Pension Service suspends the payment of a survivor pension pursuant to paragraph (7) has a disability in the second degree or higher because his/her disease or injury deteriorates, the National Pension Service shall cancel the suspension of the payment thereof at the request of the person himself/herself from the time he/she disability falls under the second degree or higher.

[Title Amended on Oct. 24, 2017]

Enforcement Ordinance