Article 72 (Annuitants of Survivor Pension)

(1) If any of the following persons dies, survivor pension benefits shall be paid to his or her surviving family:
1. An annuitant of an old-age pension;
2. A person who participates or participated in the National Pension Plan for at least ten years;
3. A person who participates or participated in the National Pension Plan, who has paid pension premiums for a period at least 1/3 of the participation period of National Pension Plan;
4. A person who participates or participated in the National Pension Plan, in whose case the period during which he or she has paid pension premiums of the period from the five years before the date of his or her death to the date of his or her death is at least three years: Provided, That the foregoing shall not apply to a person who has not paid pension premiums for at least three years of the participation period of National Pension Plan;
5. An annuitant of a disability pension, whose degree of disability is at least the second grade.

(2) Notwithstanding paragraph (1), where a person who falls under subparagraph 3 or 4 of the aforesaid paragraph dies during the following period, the Service shall not pay survivor benefits:
1. Period during which he or she is excluded from persons eligible for participation in the National Pension Plan under the proviso of Article 6;
2. Period during which he or she emigrates overseas or loses his or her nationality.

Article 73 (Scope of Survivors)

(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 or 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 or she is declared disappeared under paragraph (2) of the aforesaid Article, referring to the time at which the danger that causes his or 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 in this Section the same shall apply): 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 in this Section the same shall apply): 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 (1) 1 and 2 or is suspended pursuant to Article 76 (1) and (2), 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 participation period, plus a dependent pension amount: Provided, That a survivor pension amount payable, where an annuitant of an old age pension dies, shall not exceed the old age pension amount received by the deceased:
1. For a participation period less than 10 years, an amount equivalent to 400/1,000 of the basic pension amount;
2. For a participation period ranging from 10 to less than 20 years, an amount equivalent to 500/1,000 of the basic pension amount;
3. For a participation period of 20 years or more, an amount equivalent to 600/1,000 of the basic pension amount.

Article 75 (Termination of Entitlement to Survivor Pensions)

(1) If an annuitant of a survivor pension falls under any of the following cases, his or her entitlement thereto shall terminate:
1. When an annuitant dies;
2. When an annuitant who is a spouse remarries;
3. When the adoption of an annuitant who is a child or grandchild is dissolved;
4. When an annuitant who is a child and does not fall under the second disability grade or higher grade reaches the age of 25 or who is a grandchild and does not fall under the second disability grade or higher grade reaches the age of 19;
5. Deleted.

(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 or her disability is at least the second grade;
2. Where he or 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 or she is not engaged in income-earning activities prescribed by Presidential Decree.

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

(3) Where two or more annuitants 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 or her for the period in which his or her whereabouts are unknown shall be suspended at the request of the other annuitants 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 or 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 or 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 or she disability falls under the second degree or higher.

(9) Notwithstanding paragraphs (2) and (3), in cases prescribed by Presidential Decree, such as where the whereabouts of an annuitant of a survivor pension is unknown for at least one year and no person is able to file an application for suspension of payment under paragraphs (2) and (3), the payment of the survivor pension may be suspended.

(10) Article 86-2 (2) and (3) shall apply mutatis mutandis to the revocation of suspension of payment and payment subsequent thereto under paragraph (9).

Enforcement Ordinance

Enforcement Ordinance