Supplementary Provisions, Article 36Delivery of Residual Assets of a Dissolved Surviving Employees' Pension Fund to the Organization for Workers' Retirement Allowance Mutual Aid
第三十六条(解散存続厚生年金基金の残余財産の独立行政法人勤労者退職金共済機構への交付)
A surviving employees' pension Fund that is dissolved on or after the Effective Date (excluding one for which the amount of the reserves for pension benefits, etc. on the day of dissolution is less than the liability reserve equivalent) may, as provided by its articles of Association, where the employer of its establishing place of business (limited to the case where that employer is a small or medium-sized enterprise prescribed in Article 2, paragraph (1) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act (Act No. 160 of 1959); the same applies hereinafter in this Article) has concluded a retirement allowance mutual aid contract prescribed in Article 2, paragraph (3) of that Act (hereinafter referred to in this Article simply as a "retirement allowance mutual aid contract") with a member of a dissolved Fund it employs (meaning a person to whom the dissolved employees' pension Fund owed obligations concerning the payment of old-age pension benefits on the day of its dissolution; the same applies hereinafter), making that member a covered employee prescribed in Article 2, paragraph (7) of that Act, apply to the Organization for Workers' Retirement Allowance Mutual Aid (hereinafter referred to in this Article as the "Organization") for the delivery of an amount within the range of the covered employee's share amount (meaning the amount calculated by the method specified by Order of the Ministry of Health, Labour and Welfare as the share of the member of a dissolved Fund who became that covered employee, out of those residual assets) out of the residual assets (hereinafter referred to in this Article as "residual assets") to be distributed pursuant to the provisions of Article 34, paragraph (4) of the Supplementary Provisions to the member of a dissolved Fund who became a covered employee under that retirement allowance mutual aid contract. In this case, the phrase "residual assets" in Article 34, paragraph (4) of the Supplementary Provisions is deemed to be replaced with "residual assets (excluding those delivered in accordance with an application under Article 36, paragraph (1) of the Supplementary Provisions)".
施行日以後に解散した存続厚生年金基金(当該解散した日における年金給付等積立金の額が責任準備金相当額を下回るものを除く。)は、規約で定めるところにより、その設立事業所の事業主(当該事業主が中小企業退職金共済法(昭和三十四年法律第百六十号)第二条第一項に規定する中小企業者である場合に限る。以下この条において同じ。)がその雇用する解散基金加入員(解散した厚生年金基金がその解散した日において老齢年金給付の支給に関する義務を負っていた者をいう。以下同じ。)を中小企業退職金共済法第二条第七項に規定する被共済者として同条第三項に規定する退職金共済契約(以下この条において単に「退職金共済契約」という。)を締結した場合には、附則第三十四条第四項の規定により当該退職金共済契約の被共済者となった解散基金加入員に分配すべき残余財産(以下この条において「残余財産」という。)のうち被共済者持分額(当該残余財産のうち、当該被共済者となった解散基金加入員の持分として厚生労働省令で定める方法により算定した額をいう。)の範囲内の額の交付を独立行政法人勤労者退職金共済機構(以下この条において「機構」という。)に申し出ることができる。この場合において、同項中「残余財産」とあるのは、「残余財産(附則第三十六条第一項の規定による申出に従い交付されたものを除く。)」とする。
Where the Organization has received, in accordance with the application under the preceding paragraph, the delivery of an amount within the range of the covered employee's share amount out of the residual assets, as to the portion of the amount so delivered (hereinafter referred to in this Article as the "amount delivered") that is an amount specified by Cabinet Order in consideration of the monthly contribution amount on the day on which the retirement allowance mutual aid contract took effect and other circumstances, the number of months specified by Cabinet Order is to be aggregated, as provided by Order of the Ministry of Health, Labour and Welfare, with the number of months of paid contributions (meaning the number of months for which contributions have been paid; the same applies in the following paragraph) pertaining to the covered employee under that retirement allowance mutual aid contract. In this case, the number of months to be so aggregated must not exceed the number of months in the period during which the covered employee under that retirement allowance mutual aid contract was a member of the surviving employees' pension Fund.
Notwithstanding the provisions of Article 10, paragraph (1), proviso and paragraph (2) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act, the amount of the retirement allowance when a covered employee under that retirement allowance mutual aid contract who has the remaining amount obtained by deducting the amount specified by Cabinet Order referred to in the preceding paragraph from the amount delivered retires is, according to the category of the number of months of paid contributions after the aggregation under the preceding paragraph set forth in the following items, the amount specified in the respective items:
11 months or less: the total of principal and interest obtained by calculating compound interest on that remaining amount, for the period from the month following the month that includes the day of the delivery to the month that includes the day on which the covered employee retired, at the rate obtained by adding the rate determined by the Minister of Health, Labour and Welfare to the rate specified by Cabinet Order (or, where the covered employee retired in the month that includes the day of the delivery, that remaining amount; referred to in the following item as the "remaining amount after interest calculation");
十一月以下 当該交付のあった日の属する月の翌月から当該被共済者が退職した日の属する月までの期間につき、当該残余の額に対し、政令で定める利率に厚生労働大臣が定める利率を加えた利率の複利による計算をして得た元利合計額(当該交付のあった日の属する月に当該被共済者が退職したときは、当該残余の額。次号において「計算後残余額」という。)
12 months or more: the amount obtained by adding the remaining amount after interest calculation to the amount calculated pursuant to the provisions of Article 10, paragraph (2) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act.
十二月以上 中小企業退職金共済法第十条第二項の規定により算定した額に計算後残余額を加算した額
The amount of the cancellation allowance payable when the retirement allowance mutual aid contract pertaining to a covered employee under that retirement allowance mutual aid contract who has the remaining amount referred to in the preceding paragraph is cancelled is, notwithstanding the provisions of Article 16, paragraph (3) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act, the amount calculated in accordance with the provisions of the preceding paragraph.
With regard to a covered employee under a retirement allowance mutual aid contract for which the amount delivered has been delivered to the Organization in accordance with the application under paragraph (1), that employer may not make the application referred to in Article 27, paragraph (1) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act, notwithstanding the provisions of that paragraph.
When the amount delivered has been delivered to the Organization in accordance with the application under paragraph (1), that employer must notify the member of a dissolved Fund who became the covered employee to whom the amount delivered pertains to that effect.
The provisions of paragraph (1) apply mutatis mutandis to the case where the employer of the establishing place of business of a surviving employees' pension Fund dissolved on or after the Effective Date has continued, since before that dissolution, to hold a retirement allowance mutual aid contract under which a member of a dissolved Fund it employs is the covered employee. In this case, the phrase "became a covered employee" in paragraph (1) is deemed to be replaced with "is a covered employee"; in addition, Cabinet Order provides for the necessary technical replacement of terms.
Notwithstanding the provisions of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act, the amount of the retirement allowance when a covered employee under a retirement allowance mutual aid contract for which the amount delivered has been delivered to the Organization in accordance with the application under the provisions of paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph retires is the amount obtained by adding, to the amount of retirement allowance calculated pursuant to the provisions of that Act on the assumption that there had been no delivery of the amount delivered under the provisions of paragraph (1), the total of principal and interest obtained by calculating compound interest on the amount delivered, for the period from the month following the month that includes the day of the delivery to the month that includes the day on which the covered employee retired, at the rate obtained by adding the rate determined by the Minister of Health, Labour and Welfare to the rate specified by Cabinet Order (or, where the covered employee retired in the month that includes the day of the delivery, that amount delivered).
The amount of the cancellation allowance when a retirement allowance mutual aid contract for which the amount delivered has been delivered to the Organization in accordance with the application under the provisions of paragraph (1) as applied mutatis mutandis pursuant to paragraph (7) is cancelled is, notwithstanding the provisions of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act, the amount calculated following the example of the provisions of the preceding paragraph.
The provisions of paragraph (6) apply mutatis mutandis to the case referred to in paragraph (7). In this case, the phrase "became the covered employee" in paragraph (6) is deemed to be replaced with "is the covered employee"; in addition, Cabinet Order provides for the necessary technical replacement of terms.