Defined Contribution Pension Act

A defined contribution pension operational management institution must observe laws and regulations, dispositions made by the competent ministers based on laws and regulations, and the operational management contract, and loyally perform its duties in the interest of the participants or instructors.

When a defined contribution pension operational management institution keeps or uses personal information of a participant or instructor, such as the name, address, date of birth, and the amount of assets managed per individual relating to the participant or instructor, in connection to services relating to implementation of a corporate-type pension plan or an individual-type pension plan as entrusted under the provisions of Article 7, paragraph (1) or Article 60, paragraph (1) or as re-entrusted under the provisions of Article 7, paragraph (2) or Article 60, paragraph (3), the institution must keep or use that personal information within the scope necessary for performing those services; provided, however, that this does not apply if the person's consent has been obtained or if there are other justifiable grounds.

A defined contribution pension operational management institution must not conduct the following acts:

an act of promising the counterparty, when concluding an operational management contract, to bear all or part of losses incurred by a participant or instructor, when concluding the contract;

an act of promising the counterparty, when concluding an operational management contract, to provide special benefits to a participant or instructor or the counterparty;

an act of providing or having a third party provide economic benefits to a participant or instructor, or a third party in order to compensate for all or part of losses incurred by the participant or instructor in relation to investment-related services or to add to the benefits of the participant or instructor arising in relation to the services (excluding the case of compensating for all or part of losses incurred due to grounds attributable to the institution);

an act of, when soliciting an operational management contract or in order to prevent cancelation of the contract, intentionally failing to disclose facts or disclosing false facts with regard to a particular concerning operational management services that is specified by Cabinet Order as a material particular that would affect the determinations of the counterparty to the operational management contract;

an act of presenting a specific investment method to a participant or instructor for the purpose of seeking the institution's own benefit or the benefit of a third party other than the participants or instructors;

an act of recommending a participant or instructor to give instructions or not to give instructions with regard to a specific investment method from among the methods that were presented (excluding the case of conducting such act by indicating that the defined contribution pension operational management institution conducts such act as the financial instruments business operator prescribed in Article 2, paragraph (9) of the Financial Instruments and Exchange Act (Act No. 25 of 1948) or a person that conducts a business other than the defined contribution pension operational management business); and

beyond what is set forth in the preceding items, the acts specified by order of the competent ministry as acts that fail to protect participants or instructors or that are likely to harm the fairness of the defined contribution pension operational management business or cause a loss of confidence in the defined contribution pension operational management business.

A defined contribution pension operational management institution must prepare and keep books and documents concerning its services, pursuant to the provisions of order of the competent ministry.

A defined contribution pension operational management institution must submit reports on its services to the competent ministers, pursuant to the provisions of order of the competent ministry.

To the extent necessary for the enforcement of this Act the competent ministers may collect reports on the status of services from a defined contribution pension operational management institution or have the relevant officials enter the business office of the defined contribution pension operational management institution, ask persons concerned questions, or conduct on-site inspection on the status of services.

The provisions of Article 51, paragraphs (2) and (3) apply mutatis mutandis to the asking of questions and the conducting of inspections under the provisions of the preceding paragraph.

If the competent ministers find that there is a fact that harms the interests of participants or instructors in connection with the operation of services of a defined contribution pension operational management institution, the ministers may order the defined contribution pension operational management institution to change the type or method of services or to take other necessary measures for improving the operation of services, to the extent necessary for protection of the participants or instructors.

If a defined contribution pension operational management institution falls under any of the following items, the competent ministers may order the suspension of all or part of the defined contribution pension operational management business for a specified period of not more than six months or rescind the registration referred to in Article 88, paragraph (1):

if the institution comes to fall under either of Article 91, paragraph (1), item (iii) or (v);

if the institution was registered as referred to in Article 88, paragraph (1) by wrongful means;

if the institution violates this Act or an order based on this Act, or a disposition based on these in connection with its defined contribution pension operational management business; or

if it is found to be difficult to continue the defined contribution pension operational management business.

When a registration ceases to be effective pursuant to the provisions of Article 93 or when the competent ministers rescind a registration pursuant to the provisions of paragraph (2) of the preceding Article, the minister must delete the registration.

When the competent ministers make a disposition under the provisions of Article 104, paragraph (2), the minister must give public notice to that effect pursuant to the provisions of order of the competent ministry.

Beyond what is provided for in this Section, Cabinet Order prescribes the necessary particulars in connection with supervision over a defined contribution pension operational management institution.

A corporate pension fund and a national pension fund may become a defined contribution pension operational management institution by being registered as referred to in Article 88, paragraph (1).

A corporate pension fund and a national pension fund must separate the accounting for the services to be provided pursuant to the provisions of the preceding paragraph from other accounting.

When services of a corporate pension fund are provided pursuant to the provisions of paragraph (1), the term "this Act" in Article 121 of the Defined Benefit Corporate Pension Act is deemed to be replaced with "this Act or Article 108, paragraph (1) of the Defined Contribution Pension Act," and Cabinet Order prescribes other necessary particulars in connection with application of the provisions of the Defined Benefit Corporate Pension Act.

When services of a national pension fund are provided pursuant to the provisions of paragraph (1), the term "this Chapter" in Article 145, item (v) of the National Pension Act is deemed to be replaced with "this Chapter or Article 108, paragraph (1) of the Defined Contribution Pension Act (Act No. 88 of 2001)" and Cabinet Order prescribes other necessary matters in connection with application of the provisions of the National Pension Act.

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