Supplementary Provisions, Article 45

①Where the surviving Pension Fund Association is conducting the business set forth in Article 40, paragraph (2), item (ii) of the Supplementary Provisions, members, etc. of a dissolved Fund (limited to persons who, on the day that the surviving employees' pension Fund was dissolved, held the right to receive pension benefits for which death is the ground for payment, paid under Article 130, paragraph (3) of the pre-amendment Employees' Pension Insurance Act, which remains in force pursuant to the provisions of Article 5, paragraph (1) of the Supplementary Provisions; the same applies hereinafter in this Article) may apply to the liquidator of that surviving employees' pension Fund for the transfer to the surviving Pension Fund Association of the residual assets to be distributed to members, etc. of a dissolved Fund pursuant to the provisions of Article 34, paragraph (4) of the Supplementary Provisions (hereinafter in this Article referred to as "residual assets").

③When the surviving Pension Fund Association has received the transfer of residual assets pursuant to the preceding paragraph, it is to pay a surviving Pension Fund Association survivor benefit to the member, etc. of a dissolved Fund concerned, using the transferred Funds as the source of Funds, as provided by Cabinet Order.

④The provisions of Article 49, Article 51, paragraphs (1) and (3), Article 53 and Article 54 of the amended Defined-Benefit Corporate Pension Act apply mutatis mutandis to the surviving Pension Fund Association survivor benefit referred to in the preceding paragraph. In this case, Cabinet Order provides for the necessary technical replacement of terms.

⑤Notwithstanding the provisions of Article 51, paragraph (1) of the amended Defined-Benefit Corporate Pension Act as applied mutatis mutandis pursuant to the preceding paragraph, when that member, etc. of a dissolved Fund dies, the surviving Pension Fund Association may, as provided by its articles of Association, pay the surviving Pension Fund Association survivor benefit (limited to that paid as a lump sum; the same applies in the following paragraph) to the surviving family of the next order of priority of that member, etc. of a dissolved Fund.

⑥The surviving family referred to in the preceding paragraph are the persons set forth in the items of Article 48 of the amended Defined-Benefit Corporate Pension Act pertaining to that member, etc. of a dissolved Fund, and the order of priority of the surviving family who may receive the surviving Pension Fund Association survivor benefit is as provided by the articles of Association of the surviving Pension Fund Association. In this case, the phrase "person eligible for benefits" in Article 48, item (i) of the amended Defined-Benefit Corporate Pension Act is deemed to be replaced with "member, etc. of a dissolved Fund prescribed in Article 45, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Employees' Pension Insurance Act, etc. for Ensuring the Soundness and Reliability of the Public Pension System (Act No. 63 of 2013) (hereinafter referred to in this Article as "member, etc. of a dissolved Fund")", and the phrase "person eligible for benefits" in Article 48, items (ii) and (iii) of the amended Defined-Benefit Corporate Pension Act with "member, etc. of a dissolved Fund".

⑦The provisions of Article 43, paragraphs (4) and (5) of the Supplementary Provisions apply mutatis mutandis to the cases under paragraphs (1) through (3). In this case, the phrase "paragraph (2)" in Article 43, paragraph (4) of the Supplementary Provisions is deemed to be replaced with "Article 45, paragraph (2) of the Supplementary Provisions"; in Article 43, paragraph (5) of the Supplementary Provisions, the phrase "paragraph (3)" is deemed to be replaced with "Article 45, paragraph (3) of the Supplementary Provisions", and the phrase "the surviving Pension Fund Association old-age benefit or the surviving Pension Fund Association survivor benefit" with "the surviving Pension Fund Association survivor benefit".

⑧The provisions of Article 42, paragraph (6) of the Supplementary Provisions apply mutatis mutandis to the notice under the provisions of Article 43, paragraph (5) of the Supplementary Provisions as applied mutatis mutandis with replacement of terms in the preceding paragraph.