Insurers and cooperatives (other than any cooperative that has entered into a mutual reinsurance agreement pursuant to which another cooperative bears all of the mutual insurance liabilities it had assumed pursuant to contracts for mutual liability insurance; and other than any cooperative that has entered into a mutual retrocession agreement pursuant to which another cooperative bears all of the mutual reinsurance liabilities it had assumed pursuant to a mutual reinsurance agreement; hereinafter the same applies in this Article) are to jointly perform the work of calculating, distributing, and collecting insurance premiums and insurance proceeds and damages among themselves (hereinafter referred to as "jointly pooled administrative processes" in this Article) as follows:
by allocations being made to insurers and cooperatives in accordance with the percentages prescribed in the rules referred to in the following paragraph for each insurer and cooperative (hereinafter referred to as "allocation rates" in this Article), in connection with any amount remaining when what insurers have paid to the government pursuant to Article 78, as well as insurers' costs to engage in the liability insurance business (meaning the amount remaining when what is expected to be paid in the form of future insurance proceeds, as well as what it is decided insurers must pay to the government pursuant to that Article, is deducted from insurance premiums) are deducted from the liability insurance premiums and other monies that insurers have collected pursuant to this Act; and in connection with any amount remaining when what cooperatives have paid to the government pursuant to Article 78, as well as cooperatives' costs to engage in the mutual liability insurance business (meaning the amount remaining when what is expected to be paid in the form of future mutual insurance proceeds, future mutual reinsurance proceeds, and future mutual retrocession proceeds, as well as what it is decided cooperatives must pay to the government pursuant to that Article, is deducted from mutual insurance premiums, mutual reinsurance premiums, and mutual retrocession premiums) are deducted from the mutual liability insurance premiums, mutual reinsurance premiums, mutual retrocession premiums, and other monies that cooperatives have collected pursuant to this Act;
責任保険の保険料その他この法律の規定により保険会社が収受したもの又は責任共済の共済掛金、再共済の再共済掛金若しくは再再共済の再再共済掛金その他この法律の規定により組合が収受したものから、第七十八条の規定により政府に納付したもの並びに保険会社の責任保険の事業を行うための費用(保険料から将来の保険金の支払に充てられると見込まれるもの及び同条の規定により政府に納付すべきものとされるものを控除した残額をいう。)又は組合の責任共済の事業を行うための費用(共済掛金、再共済掛金又は再再共済掛金から将来の共済金、再共済金又は再再共済金の支払に充てられると見込まれるもの及び同条の規定により政府に納付すべきものとされるものを控除した残額をいう。)を控除した残額を、次項の規約において保険会社及び組合別に定める割合(以下この条において「配分率」という。)に応じて保険会社及び組合に対して配分すること。
by monies being collected from insurers and cooperatives in accordance with allocation rates, in connection with any amount remaining when what insurers have received from the government pursuant to Article 16, paragraph (4) and Article 17, paragraph (4) (including as applied mutatis mutandis pursuant to Article 23-3, paragraph (1)) is deducted from insurance proceeds and anything that insurers have paid based on this Act or based on their contracts for liability insurance; and in connection with any amount remaining when what cooperatives have received from the government pursuant to those provisions is deducted from mutual insurance proceeds, mutual reinsurance proceeds, mutual retrocession proceeds, and anything that cooperatives have paid based on this Act or based their contracts for mutual liability insurance, mutual reinsurance agreements, and mutual retrocession agreements.
Insurers and cooperatives must formulate rules establishing allocation rates and other necessary particulars of the jointly pooled administrative processes; an insurer must report these rules to the Minister of Land, Infrastructure, Transport and Tourism and the Prime Minister; and a cooperative must report these rules to the Minister of Land, Infrastructure, Transport and Tourism and to whichever minister among the Minister of Health, Labour and Welfare; the Minister of Agriculture, Forestry and Fisheries; or the competent Minister for the business has jurisdiction over that cooperative. The same applies if they change those rules.
The Minister of Land, Infrastructure, Transport and Tourism may ask an insurer or cooperative to submit the necessary reports or materials for assessing the operational status of jointly pooled administrative processes, to the extent that this is necessary. To do so, the Minister of Land, Infrastructure, Transport and Tourism is to first consult with whichever minister among the Prime Minister; the Minister of Health, Labour and Welfare; the Minister of Agriculture, Forestry and Fisheries; or the competent Minister for the business has jurisdiction over the insurer or the cooperative.
On finding that the content of the rules reported pursuant to paragraph (2) violates a law or regulation or that it subjects a specific group of persons to unfairly differential treatment, or on finding that jointly pooled administrative processes are not being performed properly, the Minister of Land, Infrastructure, Transport and Tourism and the Prime Minister; the Minister of Health, Labour and Welfare; the Minister of Agriculture, Forestry and Fisheries; and the competent Minister for the business may jointly order an insurer or cooperative to amend those rules or to take other necessary measures.