Fukushima Institute for Research, Education and Innovation
Retirement Allowance Regulations for Executive Officers

(Purpose)

Article 1 The purpose of these Regulations is to set forth standards for the payment of retirement allowances to officers of the Fukushima Institute for Research, Education and Innovation (hereinafter referred to as “Institute”) pursuant to the provisions of Article 50-2, paragraph (2) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999) as applied mutatis mutandis pursuant to the provisions of Article 125 of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima (Act No. 25 of 2012).

(Scope of Application)

Article 2 A retirement allowance will be paid to officers (excluding part-time officers; same applied hereinafter) in the event of their retirement (including death or dismissal) (or to their bereaved family members should said officers retire due to their death).

(Scope and Order of Bereaved Family Members)

Article 3 1 For the purpose of these Regulations, the term “bereaved family members” refers to the persons listed below.

• (1) Spouse (including a person who did not submit notification of marriage but was in a de facto marital relationship with the officer at the time of their death)
• (2) Children, parents, grandchildren, grandparents, and siblings of the officer who were primarily dependent on the income of that officer at the time of their death
• (3) In addition to the persons listed in the preceding item, relatives who were primarily dependent on the income of the officer at the time of their death
• (4) Children, parents, grandchildren, grandparents, and siblings who not fall under item (ii)

2 The order of priority of bereaved family members to receive a retirement allowance will be in accordance with the order in each item of the preceding paragraph. For persons listed in items (ii) and (iv) of the preceding paragraph, the order of priority will be in accordance with the order listed in each said item. In such cases, for parents, adoptive parents will take precedence over natural parents. For grandparents, the parents of adoptive parents will take precedence over the parents of natural parents, and the adoptive parents of parents will take precedence over the natural parents of parents.

3 In cases where there are two (2) or more persons with the same priority order among the bereaved family members to receive a retirement allowance, said retirement allowance will be divided equally according to the number of those persons and paid to each said bereaved family member.

4 The persons listed below shall not be considered bereaved family members who may be paid a retirement allowance.

• (1) Persons who intentionally caused the death of the officer
• (2) Persons who, prior to the death of the officer, intentionally caused the death of someone who would have been a bereaved family member with a higher or equivalent priority order enabling them to be paid a retirement allowance as a result of the death of that officer

(Payment of Retirement Allowance)

Article 4 1 Retirement allowances will be paid in cash directly to the persons to receive payment of allowances in accordance with these Regulations in the amount resulting after the amount to be deducted in accordance with the provisions of laws and regulations is deducted from the allowances. However, when so requested by persons to receive payment of those retirement allowances, allowances will be paid by way of a bank transfer to those persons’ deposit or savings.

2 Retirement allowances will be paid within one (1) month from the date on which the performance consideration rate prescribed in the following Article is determined. However, this may not apply when it is not possible to ascertain persons to receive payment of retirement allowances for persons who retired due to their death or when there are other special circumstances.

(Amount of Retirement Allowance)

Article 5 The amount of retirement allowances per one (1) month of tenure of service shall be the amount obtained by multiplying the monthly salary of the person in question on the day of their retirement by 10.4625/100 and then multiplying that amount by the performance consideration rate determined by the separately stipulated committee for evaluation (hereinafter referred to as “Evaluation Committee”) in accordance with performance within a range from 0.0 to 2.0. However, the amount of retirement allowance for persons deemed to have continued to be in service in accordance with the provisions of Article 7, paragraph (2) and the latter part of Article 8 per month of their tenure of service for each differing position (hereinafter referred to “Position-Specific Tenure”) shall be the total of the amounts obtained by multiplying the monthly salary for each said differing position on the day of retirement by 10.4625/100 and then multiplying that amount by the performance consideration rate determined by the Evaluation Committee in accordance with performance within a range from 0.0 to 2.0.

(Calculation of Tenure of Service)

Article 6 1 The number of months of the tenure of service and Position-Specific Tenure shall be calculated from the date of appointment according to the calendar. When fractions of less than one (1) month (hereinafter referred to as “Fractions”) arise, they shall be counted as one (1) month.

2 In cases based on the provisions of the proviso of the preceding Article, when the total number of months of Position-Specific Tenure exceeds the number of months of the tenure of service calculated in accordance with the provisions of the preceding paragraph, the number of months in service during Position-Specific Tenure shall be successively reduced by one (1) month starting from the number of months in office with low Fractions until the applicable number of months in excess is reached. In such cases, when the fractions are equal, the number of months in office during subsequent Position-Specific Tenure shall be similarly reduced by one (1) month.

(Special Provisions on Calculation of Tenure of Service, Etc.)

Article 7 1 When a national public servant prescribed in Article 2, paragraph (1) of the National Public Servant Retirement Allowance Act (Act No. 182 of 1953) (hereinafter simply referred to as “National Public Servant”) retires to continue to be an officer at the request of a party with appointive power or a proxy thereof, and continues to serve an officer, the tenure of service of that person as an officer prescribed in paragraph (1) of the preceding Article shall include the continuous tenure of service by that person as a National Public Servant.

2 When officers retire at the request of the Institute to continue to be a National Public Servant and continue to be an officer again after continuing to be a National Public Servant, in calculating of the tenure of service of those persons prescribed in paragraph (1) of the preceding Article, the period from the beginning of the former tenure of service as an officer to the end of the latter tenure of service as an officer will be deemed to be the continuous tenure of service by that person as an officer.

3 The provisions of the preceding Article will apply mutatis mutandis to the calculation of the tenure of service as an officer in cases under the preceding two paragraphs.

4 When officers retire in accordance with the provisions of paragraph (1) and continue to be a National Public Servant or officers who fall under the provisions of paragraph (2) retire and continue to be a National Public Servant, no retirement allowance will be paid.

5 When officers who fall under the provisions of paragraph (1) do not continue to be a National Public Servant after retiring as an officer regardless of the provisions of the preceding paragraph, notwithstanding the provisions of Article 5, the amount of the retirement allowance of those officers shall be an amount calculated in accordance with the provisions of the National Public Servant Retirement Allowance Act as if they were a National Public Servant on the date of said retirement. In such cases, the monthly salary to serve as the basis for the calculation of the retirement allowance amount shall be an amount set forth by the President based on the monthly salary of the officer in question as a National Public Servant on the day they retired from being a National Public Servant in order to become an officer who falls under the provisions of paragraph (1) and taking into consideration the continuous tenure of service, etc. by the officer in question.

(Handling of Reappointment, Etc.)

Article 8 When officers are appointed to the same position again on the day of expiration of their term of service or the following day, they will be deemed to have continued to be in service with respect to the payment of their retirement allowance. The same shall also apply when officers are appointed to a different position prior to the day of expiration of their term of service or the following day.

(Limitations on Payment of Retirement Allowance)

Article 9 1 When persons who retired fall under officers who have been dismissed pursuant to the provisions of Article 23, paragraph (2), item (ii) or paragraph (3) of the Act on General Rules for Incorporated Administrative Agencies as applied mutatis mutandis in accordance with the provisions of Article 125 of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima, the President may make a disposition not to pay all or part of the retirement allowance pertaining to said retirement to said persons who retired (or to persons who succeeded the right to receive payment of the amount of said retirement allowance, etc. when said persons who retired have died) following consideration of the duties and responsibilities of the positions occupied by said persons who retired, the state of the service of said persons who retired, the details and extent of the illegality committed by said persons who retired, the background of said illegality, the words and deeds of said persons who retired after said illegality, the extent of the hindrance said illegality has on the performance of public duties, and the influence that said illegality has on public trust in the affairs and services conducted by the Institute (hereinafter referred to as “Circumstances”).

2 When making a disposition based on the provisions of the preceding paragraph, the President must notify the persons to be subject to said disposition to that effect in writing with the reason for that disposition appended.

3 In cases where the President gives notice based on the provisions of the preceding paragraph, when the whereabouts of persons to receive said disposition are unknown, the President may indicate the contents of said disposition by public notice based on the provisions of Article 98 of the Civil Code (Act No. 89 of 1896) in lieu of giving said notice. In such cases, the notice will be deemed to have reached the persons to receive said disposition on the day on which two (2) weeks have elapsed from the day of the public notice.

(Suspension of Payment of Retirement Allowance)

Article 10 1 When persons who retired fall under any of the following items, the President shall make a disposition to suspend the payment of the amount of the retirement allowance pertaining to said retirement to those persons who retired.

• (1) When an officer has been prosecuted in a criminal case (limited to cases in which imprisonment without work or a severer punishment is stipulated for the criminal offense pertaining to said prosecution; excluding cases based on summary proceedings as prescribed in Part 6 of the Code of Criminal Procedure (Act No. 131 of 1948); same applies hereinafter) and that officer resigned before the judgment therefor became final and binding
• (2) When the amount of the applicable retirement allowance has not yet been paid to the person who retired and said person who retired is prosecuted with respect to a criminal case pertaining to an act committed during their basic tenure of service

2 In cases where the amount of the applicable retirement allowance has not yet been paid to the person who retired, when any of the following items apply, the President may make a disposition to suspend the payment of the amount of said retirement allowance to that person who retired.

• (1) When, with respect to a criminal case pertaining to an act committed by the applicable person who retired during their tenure of service, said person has been arrested or the President has come to consider that said person has committed a crime based on matters they heard from said person or facts that were discovered as a result of an investigation, and the payment of the amount of the retirement allowance to said person is deemed to hinder the securing of public trust in the affairs and services conducted by the Institute
• (2) When the President has come to consider that there are reasonable grounds to suspect that the applicable person who retired, during their continuous tenure of service as an officer that serves as the basis for computation of the amount of the applicable retirement allowance, committed an act that merits Dismissal (an illegal act committed by employees during their tenure of service that is clearly deserving of dismissal in light of the nature and extent of that illegality; same applies hereinafter) based on the provisions of Article 23, paragraph (2), item (ii) or paragraph (3) of the Act on General Rules for Incorporated Administrative Agencies as applied mutatis mutandis in accordance with the provisions Article 125 of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima (hereinafter simply referred to as “Dismissal”)

3 In cases where the amount of the applicable retirement allowance has not yet been paid to the bereaved family members of persons who retired due to their death (including persons who succeeded the right to receive payment of the amount of retirement allowance pertaining to said retirement due to the persons who retired (in cases of retirement due to death, the bereaved family members thereof) dying prior to receiving payment of the amount of said retirement allowance; same applies hereinafter in this paragraph), when item (ii) of the preceding paragraph applies, the President may make a disposition to suspend the payment of the amount of said retirement allowance to the bereaved family members in question.

4 In cases where any of the following items come to occur, the President who made a disposition to suspend payment based on the provisions of paragraph (1) or (2) must promptly rescind said disposition to suspend payment. However, this may shall not apply in cases falling under item (iii) when the person subject to said disposition to suspend payment has been actually arrested in connection with a criminal case pertaining to acts they committed during their basic tenure of service or in other instances when the rescinding of the disposition to suspend payment is found to be clearly contrary to the purpose of that disposition.

• (1) When a judgment of not guilty in a criminal case pertaining to the prosecution or act that was the reason for said disposition to suspend payment becomes final and binding with respect to the person subject to that disposition
• (2) When a judgment in a criminal case pertaining to the prosecution or act that was the reason for said disposition to suspend payment becomes final and binding with respect to the person subject to that disposition (excluding cases where a sentence of imprisonment without work or a severer punishment is imposed or a judgment of not guilty becomes final and binding) or a disposition not to institute prosecution has been made and six (6) months have elapsed from the day on which said judgment became final and binding or said disposition not to institute prosecution was made without the person in question being subject to a disposition based on the provisions of paragraph (1) of the following Article
• (3) When one (1) year has passed from the date that the person subject to said disposition to suspend payment was subject to that disposition without being prosecuted in connection with a criminal case pertaining to an act committed during their basic tenure of service and without being subject to a disposition based on the provisions of paragraph (1) of the following Article

5 In cases where one (1) year has passed from the date that the person subject to said disposition to suspend payment was subject to that disposition without being subject to a disposition based on the provisions of paragraph (2) of the following Article, the President who made a disposition to suspend payment based on the provisions of paragraph (3) must promptly rescind said disposition to suspend payment.

6 The provisions of the preceding two paragraphs shall not preclude the President who made said disposition to suspend payment from rescinding that disposition on the grounds that it is no longer necessary to suspend payment of the amount of the retirement allowance in question based on facts or circumstances that become known after said disposition was made.

7 The provisions of paragraphs (2) and (3) of the preceding Article will apply mutatis mutandis to the suspension of payment.

(Limitations on Payment of Retirement Allowance in Cases Such as Sentencing of Imprisonment without Work or Severer Punishment following Retirement)

Article 11 1 In cases where the amount of the retirement allowance has not yet been paid to persons who retired, when any of the following items is applicable, the President may make a disposition not to pay all or part of said retirement allowance to said persons who retired (or, in cases that fall under item (i) or (ii), to persons who succeeded the right to receive payment of the amount of said retirement allowance, etc. when said persons who retired have died) following consideration of the Circumstances set forth in Article 9, paragraph (1).

• (1) When said persons who retired were sentenced to imprisonment without work or a severer punishment after said retirement in connection with a criminal case (limited to criminal cases pertaining to acts committed during the basic tenure of service in cases where the persons who retired were prosecuted after said retirement)
• (2) When the President has found that said persons who retired committed an act that merits Dismissal during their continuous tenure of service as an officer that serves as the basis for computation of the amount of the applicable retirement allowance after said retirement

2 In cases where the amount of the applicable retirement allowance has not yet been paid to the bereaved family members of persons who retired due to their death (including persons who succeeded the right to receive payment of the amount of retirement allowance pertaining to said retirement due to the persons who retired (in cases of retirement due to death, the bereaved family members thereof) dying prior to receiving payment of said retirement allowance; same applies hereinafter in this paragraph), when item (ii) of the preceding paragraph applies, the President may make a disposition not to pay all or part of the amount of said retirement allowance to the bereaved family members in question following consideration of the Circumstances prescribed in Article 9, paragraph (1).

3 The provisions of paragraphs (2) and (3) of Article 9 will apply mutatis mutandis to dispositions based on the provisions of paragraphs (1) and (2).

4 When a disposition not to pay part of a retirement allowance pertaining to a disposition to suspend payment in accordance with the provisions of paragraph (1) or (2) has been made, said disposition to suspend payment will be deemed to have been rescinded.

(Return of Retirement Allowance of Retired Persons)

Article 12 1 When any of the following items is applicable after the amount of a retirement allowance has been paid to persons who retired, the President may order said persons who retired to return all or part of the amount of the retirement allowance in question following consideration of the livelihood conditions of those persons who retired in addition to the Circumstances prescribed in Article 9, paragraph (1).

• (1) When said persons who retired were sentenced to imprisonment without work or a severer punishment after said retirement in connection with a criminal case pertaining to acts committed during the basic tenure of service
• (2) When the President has found that said persons who retired committed an act that merits Dismissal during their continuous tenure of service as an officer that serves as the basis for computation of the amount of the applicable retirement allowance

2 The disposition based on the provisions of the preceding paragraph in instances when item (ii) of the preceding paragraph applies may be made only within five (5) years from the date of the applicable retirement.

3 The provisions of Article 9, paragraph (2) will apply mutatis mutandis to dispositions based on the provisions of paragraph (1).

(Return of Retirement Allowance for Bereaved Family Members)

Article 13 1 When paragraph (1), item (ii) of the preceding Article is applicable after the amount of the applicable retirement allowance has been paid to the bereaved family members of persons who retired due to their death (including persons who succeeded the right to receive payment of the amount of retirement allowance pertaining to said retirement due to the persons who retired (in cases of retirement due to death, the bereaved family members thereof) dying prior to receiving payment of said retirement allowance; same applies hereinafter in this paragraph), the President may order said bereaved family members to return all or part of the amount of the retirement allowance in question following consideration of the livelihood conditions of those bereaved family members in addition to the Circumstances prescribed in Article 9, paragraph (1).

2 The provisions of Article 9, paragraph (2) and paragraph (2) of the preceding Article will apply mutatis mutandis to dispositions based on the provisions of the preceding paragraph.

(Payment of Amount Equivalent to Retirement Allowance by Inheritor of Retirement Allowance Recipient)

Article 14 1 After the amount of a retirement allowance has been paid to a person who retired (in cases of retirement due to death, the bereaved family members thereof) and the person who received payment of the amount of the applicable retirement allowance (hereinafter referred to as “Retirement Allowance Recipient”) dies within six (6) months from the date of the applicable retirement without being subject to a disposition based on the provisions of Article 12, paragraph (1) or paragraph (1) of the preceding Article (excluding cases prescribed in the following paragraph and paragraph (3)) and the President notifies the inheritor of the Retirement Allowance Recipient (including a testamentary donee by universal succession; same applies hereinafter in this Article) within six (6) months from the date of the applicable retirement that there are reasonable grounds to suspect that the applicable person who retired, during their continuous tenure of service as an officer that serves as the basis for computation of the amount of the applicable retirement allowance, committed an act that merits Dismissal, provided that it is within six (6) months of the day that said notice arrives at that inheritor, the President may make a disposition to order the inheritor to pay all or part of the amount of the applicable retirement allowance on the grounds that it was found that the applicable person who retired, during their continuous tenure of service as an officer that serves as the basis for computation of the amount of the applicable retirement allowance, committed an act that merits Dismissal.

2 In cases where the Retirement Allowance Recipient (excluding bereaved family members; same applies hereinafter from this paragraph to the following paragraph) is prosecuted with respect to a criminal case pertaining to an act committed during the basic tenure of service within six (6) months from the date of the applicable retirement (including cases that fall under Article 10, paragraph (1), item (i); same applies hereinafter in the following paragraph) when the Retirement Allowance Recipient dies without a judgment in said criminal case being final and binding and without being subject to a disposition based on the provisions of Article 12, paragraph (1), provided that it is within six (6) months of the day of the death of said Retirement Allowance Recipient, the President may make a disposition to order the inheritor of the Retirement Allowance Recipient to pay all or part of the amount of the applicable retirement allowance on the grounds that it was found that the applicable person who retired, during their continuous tenure of service as an officer that serves as the basis for computation of the amount of the applicable retirement allowance, committed an act that merits Dismissal.

3 In cases where the Retirement Allowance Recipient is prosecuted with respect to a criminal case pertaining to an act committed during the basic tenure of service within six (6) months from the date of the applicable retirement, when the Retirement Allowance Recipient dies without being subject to a disposition based on the provisions of Article 12, paragraph (1) after being sentenced to imprisonment without work or a severer punishment in said criminal case, provided that it is within six (6) months of the day of the death of said Retirement Allowance Recipient, the President may make a disposition to order the inheritor of the Retirement Allowance Recipient to pay all or part of the amount of the applicable retirement allowance on the grounds that it was found that the applicable person who retired was sentenced to imprisonment without work or a severer punishment in said criminal case.

4 The amount to be paid pursuant to dispositions based on the provisions of each of the preceding paragraphs shall be stipulated following consideration of the amount of the inherited property of the applicable Retirement Allowance Recipient, the amount out of the amount of the inherited property of the applicable Retirement Allowance Recipient that the person to be subject to a disposition based on the provisions of paragraphs (1) through (3) has acquired or is expected to acquire through inheritance or a testamentary gift, the livelihood conditions of the applicable Retirement Allowance Recipient, and the amount of tax pertaining to the applicable retirement allowance in addition to the circumstances prescribed in Article 9, paragraph (1). In such cases, when there are two (2) or more inheritors, the total amount to be paid by each inheritor must not exceed the amount of the applicable retirement allowance.

5 The provisions of Article 9, paragraph (2) will apply mutatis mutandis to dispositions based on the provisions of paragraphs (1) through (3).

(Treatment of Fractions)

Article 15 When the retirement allowance calculated in accordance with these Regulations includes a fraction of less than one (1) yen, said fraction will be rounded down to the nearest one (1) yen.

(Matters Necessary for Implementation)

Article 16 Procedures for the payment of retirement allowances and other matters necessary for the implementation of these Regulations will be separately stipulated by the President.

Supplementary Provisions

These Regulations shall be entered into force on April 1, 2023.