Starting from next Wednesday, upon dividing the national pension when a couple is divorced, only the period that the couple actually lived together by deducting the period of runaway or separation shall be calculated. With the upcoming implementation of the amended National Pensions Act with such details, the government resolved specific standards at the Cabinet meeting on Tuesday.
The split-pension system is a system that requires the husband or wife to give part of the pension amount by considering the contribution of a spouse upon reaching the age to receive pension even if the couple got a divorce while one party submitted the insurance pay for the national pension. It is stipulated in the current law to calculate ‘the period of submitting the insurance pay during marriage’ as literally the legally married period in uniform. The Constitutional Court, however, made a decision of constitutional discordance on December 2016, saying, “It is against the initial intent to calculate the period when there is no substantial marriage relationship due to separation or runaway.”
The Ministry of Health and Welfare, through the Implementation Act of the amended Act, requires calculating the marriage period by deducting the following: 1) missing period 2) period of unknown residence 3) period of which a divorce lawsuit was in progress. Even if a period does not fall under the aforementioned standards, if the parties to the divorce agreed to deduct such period from the marriage period, it shall be complied with. The person who will received split-pension needs to report the details of such period to the National Pension Service. If a person wants to receive the split-pension, his or her duration of marriage needs to be five years or longer and legally divorced. The ratio of splitting the pension shall be decided through the agreement between the concerned parties or trial.
Gun-Hee Cho firstname.lastname@example.org