National Pension Service

Main Contents of the Social Security Agreement Between Korea and India

History of the Agreement with India

• December 2009 : Held the first working-level meeting of the Agreement in India
• October 2010 : The Agreement on Social Security and Protocol signed in Korea
• May 2011 : Held the meeting for the Administrative Arrangement of the Agreement in Korea
• June 2011 : Held the meeting for the implementation of the Agreement in India
• July 2011 : Held the Administrative Arrangement of the Agreement signed in Korea
• November 2011 : The Agreement on Social Security entered into force

Applicable Legislation

• in relation to Korea,

  • the National Pension Act and its regulations

• in relation to India,

  the legislations and regulations concerning:

  • the old age and survivors’ pension for employed persons;
  • the permanent total disability pension for employed persons

Personal Scope of this Agreement

This Agreement shall apply to any person who is or who has been subject to the legislation of either Contracting State, and to the dependents and survivors whose rights are derived from such a person.

※ For more information, you may refer to the section Agreement

Exemption from Dual Coverage

• In general, an employee is subject to the legislation of a contracting country in which he/she is employed.
• A detached worker is exempt from being subject to the legislation of the country which he/she is sent to for no more than 5 years if he/she is covered under the legislation of his/her home country.

  → Based on the mutual agreement between the two countries, those periods can be extended.

※ For more information, you may refer to the section Agreement or Guide for Exemption Application

[ Applicable legislation under the Agreement ]

Benefits under this Agreement

Even though your periods of coverage in one country are not sufficient to qualify for pension benefits, you may be eligible for benefits after this Agreement has entered into force. This is possible due to totalizing the coverage of both countries.

• Korean National Pension Benefits under the Social Security Agreement

  • If you have periods of coverage under the Korean National Pension Scheme but do not have enough periods of coverage, e.g. 20 years for Full Old-age pension, to qualify for pension benefits under the Korean National Pension Scheme, you may be able to qualify for Korean National Pension benefits by totalizing periods of coverage under the Korean and Indian pension systems. However, these periods creditable under the Indian pension system must not coincide with those under the legislation of Korea.
  • If you do not qualify for Korean National Pension benefits by totalizing periods of coverage of both contracting countries, you may be able to qualify for Korean National Pension benefits by totalizing periods of coverage accumulated under the legislation of a third state with which both contracting countries are bound by social security instruments which provide for the totalization of periods.
  • Your benefit is calculated by dividing the Korean periods of coverage by the total periods of coverage and then multiplying by the benefits amount (Theoretical Benefit). The benefits amount (Theoretical Benefit) is calculated based on the total periods in both countries.

• Indian Pension Benefits under the Social Security Agreement

  • If you have periods of coverage under the Indian Pension Scheme but do not have enough periods of coverage to qualify for pension benefits under the Indian Pension Scheme, you may be able to qualify for Indian pension benefits by totalizing periods of coverage under the Korean and Indian pension systems. However, these periods creditable under the Korean National Pension Scheme, must not coincide with those of under the legislation of India.
  • If you do not qualify for Indian pension benefits by totalizing periods of coverage of both contracting countries, you may be able to qualify for them by totalizing periods of coverage accumulated under the legislation of a third state with which both contracting countries are bound by social security instruments which provide for the totalization of periods.
• A person who is or has been subject to the laws of one contracting country and the dependents or survivors whose rights are derived from such a person receive equal treatment with the nationals of the other contracting country in the application of the laws of the other contracting country.
• Korean lump-sum refunds are granted to Indian nationals based on the Agreement. However, lump-sum refunds can be paid to nationals of a third state only in accordance with the reciprocity principle under the Korean National Pension Act.
• Based on the Agreement, Korean nationals can withdraw the full amount standing to the credit of an employee in the Indian EPF before age 58 and can be granted the EPS withdrawal benefit.

※ For more information, you may refer to the section Agreement or Guide for Exemption Application

Agencies of this Convention

• Korea

  • National Pension Service (NPS)

• India

  • Employees' Provident Fund Organisation(EPFO): www.epfindia.gov.in

Guide for Exemption Application under the Agreement between Korea and India

How to be exempted from Indian Pension Contributions (Social Security Contributions)

If you are mandatorily covered by the Korean National Pension Scheme and detached to India, you can be exempt from Indian pension contributions, provided that you obtain "a Certificate of Coverage under Social Security Agreement" from the National Pension Service of Korea and submit or show it to the Indian agency.

1. A Request for a Korean Certificate of Coverage

   Your employer in Korea must request a Korean Certificate of Coverage.

   • Who requires a Korean Certificate of Coverage?

     • An employee who is sent to work in India within a certain period of time (5 years) by an employer in Korea
     • An employee who is sent to work in India by an employer in Korea within a certain period of time and the detached period is extended for a certain period (If a mutual agreement is concluded between the two countries, the exemption period can be extended.)

   • How to request a Korean Certificate of Coverage?

     The employer or self-employed person must request a Korean Certificate of Coverage by visiting the National Pension Service of Korea with the required documents or sending the required documents to the National Pension Service of Korea by mail or fax.

     • National Pension Service, Center for International Affairs, 6th Floor, Kukmin-Yeonkum Building, 180, Giji-ro, Deokjin-gu, Jeonju-si, Jeonbuk-do, 54870, Korea
     • Fax (063)900-3404

   • Required Documents

     • When you request the Certificate, you must submit an "Application for Certificate of Coverage under Social Security Agreement" and documents to confirm the employee's detachment such as a Detachment Order.
     • An "Application for Certificate of Coverage under Social Security Agreement" form is available on our website -> Social Security Agreement -> Forms. You can also obtain this document by visiting NPS' regional offices.

2. Presentation of the Certificate of Coverage to the Indian Agency

   An employer who is responsible for paying pension contributions is exempt from paying social security contributions for the period specified on a Korean Certificate of Coverage under Social Security Agreement by submitting the Certificate to Indian "Employees' Provident Fund Organisation."

   If a contributor has already paid contributions for the previous exemption period, within a certain period, he/she is able to request a refund according to the interior procedure. However, in some cases, there could be limitations on the period regarding retroactive exemptions, so we recommend that you request the exemption in time.

How to be exempted from Korean National Pension Scheme

If you are mandatorily covered by the Indian social security system and temporarily work in Korea, you can be exempted from the Korean National Pension Scheme, provided that you get "a Certificate of Coverage under Social Security Agreement" from an Indian agency and submit it to the Korean National Pension Service.

1. A Request for an Indian Certificate of Coverage

   Your employer in India must request an Indian Certificate of Coverage.

   • Who requires an Indian Certificate of Coverage?

     • An employee who is sent to work in Korea within a certain period of time (5 years) by an employer in India; or
     • An employee who is sent to work in Korea by an employer in India within a certain period of time and the detached period is extended for a certain period (If a mutual agreement is concluded between the two countries, the exemption period can be extended.)

   • How to request an Indian Certificate of Coverage?

     You must request a Certificate of Coverage to the Indian agency with the required documents according to its internal regulations.

   • Issuing Agency of Indian Certificate of Coverage

     • Employees' Provident Fund Organisation(EPFO): (http://www.epfindia.gov.in/)

2. Submission of the Certificate of Coverage to the Korean National Pension Service

   • The following must be submitted by your employer if you are an employee; an "application of exemption" as well as an "Indian Certificate of Coverage under Social Security Agreement", and a copy of your identification to the International Center or the regional office by visiting or by registered mail (Because an original certificate must be submitted, a facsimile will not be accepted).
   • If you submit an "Indian Certificate of Coverage under Social Security Agreement", you are exempt from Coverage under the Korean National Pension Scheme for the period shown on the same Certificate. If you have already paid contributions before you submit your certificate, the amount of the contributions already paid can be transferred to your due contributions or refunded. However, in accordance with the regulations of the National Pension Scheme, the right to request a refund of an over-collected amount is valid only up to 5 years from the day following the processing of a qualification change.

※ Information here on our web-site is a general guide. You can get more information about the Exemption of Coverage from the International Center of the NPS or from any regional office of the NPS.

Application for Korean Benefits under the Agreement

If you have periods of coverage in Korea and India but do not have enough periods of coverage under the Korean pension system to qualify for Korean old-age pension benefits (age of 60 or age of 55 for the early old-age pension), you may be able to qualify for Korean benefits by totalizing Korean and Indian periods of coverage.

Old-age Pension

1. Eligible Persons

   If you meet the following conditions for the benefits by totalizing Korean National Pension periods of coverage and Indian periods of coverage, you may be able to apply for the Korean old-age pension under the Social Security Agreement.

   Old-age Pension

   Type	Totalized period of Coverage	Age of the first benefit payment	Other Cases
   Full Old-age Pension	20 years or more	age of 60 (55)	less than 65, not engaged in income-earning activities
   Reduced Old-age Pension	from 10 years to less than 20 years	age of 60 (55)	less than 65, not engaged in income-earning activities
   Active Old-age Pension	10 years or more	age from 60 to 65 (55-60)	engaged in income-earning activities
   Early Old-age Pension	10 years	age of 55	less than 65, not engaged in income-earning activities
   Special Old-age Pension	from 5 years to less than 10 years	age of 60 (55)	more than certain years of age

2. Filling out the Application Form and Required Documents

   If you want to apply for an old-age pension, you must fill out the "Application for Old Age/Divided Pension under the Agreement on Social Security between the Republic of Korea and the Republic of India"and submit it with the following required documents

   Required documents

   • Your ID, such as an Alien Registration Card, together with your passport or your Resident Registration Card

   • A copy of your Korean bank account information

     ※ If you prefer an overseas remittance, you must fill out the Overseas Remittance section Part D. (Method of Payment of Benefit) and submit proof of your foreign bank account

   • In the case of Early Old-age Pension

     • If you are an employee: an Employment Contract (Verification of Employer) or a Receipt for Earned Income Tax Withholding (record of your salary or bank account where your salary is deposited into, etc.) is also required.
     • If you are an employer: a Certificate of Suspension or Cessation of Business, or documentation to confirm suspension or cessation is also required.

   • If you have any dependents supported by you,

     • Documents to confirm your family relations: a Family Relations Certificate (a copy of Household Resident Register), a copy of the Registration of Korean National Residing Abroad, verification of residence, verification of de facto marriage status, etc.
     • Documents to confirm your dependence status: a Certificate of Studentship, a Certificate of employment, a Certificate of Medical Care, a copy of the Certificate of Business Registration, a copy of the Building Registration Certificate, documents to confirm special reasons for living separately, a remittance statement of the financial institution (communications and portal services), etc.
     • Documents to confirm your disability: a medical report of disability under the Agreement (an Indian medical report is acceptable)

   ※ If you have a certificate of disability registration falling under the 1st or 2nd degree based on the Korean Welfare of Disabled Persons Act prior to the date on which reasons of payment occur (e.g., the date when an old-age pensioner reaches pensionable age, when a disability pensioner has finished his/her medical treatment or a year and a half has passed since the first medical examination, or in the case of survivor pension, when the person who is/was a contributor dies), it is considered a document of verification of disability.

Divided Pension

1. Eligible Persons

   If you had lived with your ex-spouse for 5 years or more while your spouse was paying contributions, and your spouse is a beneficiary of old-age pension under the social security agreement, you may apply for a divided pension if you meet the following conditions for the benefits.

   You are entitled to the payment of benefits

   • When you become 60 years of age after having divorced an old-age pensioner.
   • When you divorce an old-age pensioner after turning 60 years of age.
   • When your ex-spouse acquires old-age pension entitlement after you become 60 years of age.
   • When you become 60 years of age after your ex-spouse has acquired old-age pension entitlement.

2. Filling out the Application Form and Required Documents

   If you want to apply for a divided pension, you must fill out Part A (General information), Part C (Application for a Divided Pension), and Part I (To be signed by the applicant) on the "Application for Old Age/Divided Pension under the Agreement on Social Security between the Republic of Korea and the Republic of India" and submit it with the following required documents.

   Required documents

   • Your ID, such as an Alien Registration Card, together with your passport or your Resident Registration Card
   • A copy of your Korean bank account information

     ※ If you prefer an overseas remittance, you must fill out the Overseas Remittance section Part D. (Method of Payment of Benefit) and submit proof of your foreign bank account.

   • If you are a Korean national: documents to confirm your divorce such as a Family Relations Certificate (Certificate of Marital Relations), etc.
   • If you are a foreign national or a Korean national living overseas: documents to confirm the periods of marriage and occurrence of divorce such as a certificate of marriage, a certificate of residence report of overseas Korean nationals, or a confirmation of residence.

Disability Pension

1. Eligible Persons

   If you have periods of coverage in Korea and become disabled while you are covered under the Indian pension system, you may apply for the Korean disability pension under the Social Security Agreement.

2. Filling out the Application Form and Required Documents

   If you want to apply for a disability pension, you must fill out"Application for Disability/Survivor Pension under the Agreement on Social Security between the Republic of Korea and the Republic of India"and submit it with the following required documents.

   Required documents

   • Your ID such as Alien Registration Card, together with your passport or just your Resident Registration Card

   • A copy of your Korean bank account information

     ※ If you prefer an overseas remittance, you must fill out the Overseas Remittance section Part D. (Method of Payment of Benefit) and submit proof of your foreign bank account.

   • Documents to verify your history of disability

     • Documents sent by the Indian agency in relation to your disability (Medical report of disability, X-ray, CT or MRI film, etc.)
     • A Medical report that verifies disability (This form was established under the social security agreement between Korea and India. It is to be used if the documents from India are not sufficient)

   • If the accident occurred while you were working

     • Documents to confirm whether you are eligible for compensation under the Industrial Accident Compensation Insurance Act, the Labor Standard Act or the Seamen Law

   • If you receive compensation from a person who caused you harm, you need the related documents

     • The decision of the court or a copy of the settlement reached with the person who caused your disability

   • If you have any dependents supported by you,

     • Documents to verify your family relations: a Family Relations Certificate (a copy of Household resident register), a copy of the Registration of Korean National Residing Abroad, Verification of Residence, Verification of de facto marriage status, etc.
     • Documents to confirm your dependence status: a Certificate of Studentship, a Certificate of employment, a Certificate of Medical Care, a copy of Certificate of Business Registration, a copy of the Building Registration Certificate, documents to confirm special reasons for living separately, a remittance statement of the financial institution (communications and portal services), etc.
     • Documents to confirm your disability: a medical report of disability under the Agreement (an Indian medical report is acceptable)

Survivor Pension

1. Eligible Persons

   A surviving dependent of the person who meets the following conditions can apply for a survivor pension.

   Surviving dependents are entitled to the payment of benefits

   • When a person with insured periods under the Korean National Pension Scheme dies while he/she was covered under the Indian pension system.
   • When a person with total insured periods of 10 years or more under the Korean and the Indian pension systems dies after losing insured status.
   • When a person with total insured periods of less than 10 years under the Korean and the Indian pension systems dies due to disease or injury that occurred during the insured period within 2 years after the first medical examination which is made during the insured period or within 1 year after that person's insured status was discontinued.
   • When a person who is a beneficiary of the old-age pension or the disability pension with 1st or 2nd degree of disability under the Agreement dies.

2. Filling out the Application Form and Required Documents

   If a person wants to apply for a Survivor Pension, he/she must fill out "Application for Disability/Survivor Pension under the Agreement on Social Security between the Republic of Korea and the Republic of India" and submit it with the following required documents.

   Required documents

   • Your ID, such as an Alien Registration Card, together with your passport or your Resident Registration Card
   • A copy of your Korean bank account information

     ※ If you prefer an overseas remittance, you must fill out the Overseas Remittance section Part D. (Method of Payment of Benefit) and submit proof of your foreign bank account.

   • Documents to confirm the beneficiary's death

     • A Family Census Register, a medical report of death, a confirmation of the corpse, a certificate of death
   • Documents to verify your family relations: a Family Relations Certificate, a Certificate of Marital Relations, a copy of the Registration of Korean National Residing Abroad, Verification of Residence, Verification of de facto marriage status, etc.
   • Documents to confirm your surviving dependence status: a Certificate of Studentship, a Certificate of employment, a Certificate of Medical Care, a copy of the Certificate of Business Registration, a copy of the Building Registration Certificate, documents to confirm special reasons for living separately, a remittance statement from the financial institution (communications and portal services), etc.
   • Documents to confirm disability: a medical report of disability under the Agreement (an Indian medical report is acceptable)

   • Documents to show the result of the first medical examination

     • A medical report of death, a confirmation of the corpse, a certificate of death and other documents to confirm the first medical examination. (if a Korean national dies in Korea, a report for health insurance medical examination and treatment, etc. is required)

   • If the accident occurred while working

     • documents which verify whether you are eligible for compensation under the Industrial Accident Compensation Insurance Act, the Labor Standard Act or the Seamen Law

   • If you receive compensation from a person who caused you harm, you need the related documents.

     • the decision of the court or a copy of the settlement reached with the person who caused your disability.

Lump-sum refund

1. Eligible Persons

   If you are an Indian national and meet the following conditions, you may apply for a lump-sum refund under the agreement. However, once you have received a lump-sum refund, the insured periods concerned cannot be totalized for the Korean or Indian pension systems.

   The following persons are entitled to the payment of benefits

   • An Indian national with less than 10 years of totalized insured periods under the Indian and Korean pension systems who reaches 60 years of age, provided that he/she is not eligible for the old-age pension.
   • An Indian national who loses his/her insured status under the Korean National Pension Scheme and returns or plans to return to India, provided that he/she is not eligible for the old-age pension.
   • A surviving dependent of an Indian national who died with totalized insured periods less than 10 years under the Indian and Korean pension systems (only when this surviving dependent is not entitled to the survivor pension).
   • A surviving dependent of an Indian national who died with more than 10 years of insured periods under the Indian and Korean pension systems, but only when this person is not eligible for the survivor pension due to the non-payment of contributions.

2. Filling out the Application Form and Required Documents

   If you want to apply for a lump-sum refund, you must fill out "Application for Lump Sum Refund, Etc under the Agreement on Social Security between the Republic of Korea and the Republic of India" and submit it with the following required documents.

   Required documents

   • Your ID, such as an Alien Registration Card, together with your passport or your Resident Registration Card
   • A copy of your Korean bank account information

     ※ If you want to receive overseas remittance, you must fill out Overseas Remittance section Part C. (Method of Payment of Benefit) and submit proof of your foreign bank account.

   • For an application made because of leaving Korea

     • before leaving Korea: a copy of an air ticket
     • after leaving Korea: a copy of your passport (including proof of the immigration exit stamp dated after you discontinued your Korean insured status) or Certificate of the Facts Concerning the Entry & Exit

   • For an application made because of death

     • Documents to verify your family relations: a Family Relations Certificate, a copy of the Registration of Korean National Residing Abroad, Verification of Residence, Verification of de facto marriage status, etc.
     • Documents to confirm your dependence status: a Certificate of Studentship, a Certificate of employment, a Certificate of Medical Care, a copy of Certificate of the Business Registration, a copy of the Building Registration Certificate, documents to confirm special reasons for living separately, a remittance statement of the financial institution (communications and portal services), etc.
     • Documents to confirm disability: a medical report of disability under the Agreement (an Indian medical report is acceptable)

※ Other information regarding the lump-sum refund is available on our website -> National Pension -> National Pension Scheme -> Foreigners and Lump-sum Refund

Application for Indian Benefits under the Agreement

1. Eligible Persons

   If you are eligible for the Indian pension by totalizing the periods of coverage under the Korean and the Indian pension systems, you are able to apply for Indian benefits.
   (However, conditions of benefits vary depending on the type of benefits.)

2. Filling out and Submitting the Application Form

   A claimant can apply for Indian pension benefits by contacting the Korean National Pension Service or through the following social security agency of India.

   • Employees' Provident Fund Organisation(EPFO) (www.epfindia.gov.in)

※ Information on our website is a general guide. You can obtain detailed information from the relevant agency in India.