Supplementary Provisions, Article 53Transfer of Reserves for Pension Benefits, etc. or Reserves from the Surviving Pension Fund Association to a Surviving Employees' Pension Fund

①A person to whom the surviving Pension Fund Association owes an obligation concerning the payment of benefits pursuant to the provisions of Article 160, paragraph (5) of the pre-amendment Employees' Pension Insurance Act, which remains in force pursuant to the provisions of Article 61, paragraph (1) of the Supplementary Provisions, Article 160-2, paragraph (3) of the pre-amendment Employees' Pension Insurance Act, which remains in force pursuant to the provisions of Article 61, paragraph (2) of the Supplementary Provisions, or Article 161, paragraph (2) or (5) of the pre-amendment Employees' Pension Insurance Act, which remains in force pursuant to the provisions of Article 61, paragraph (3) of the Supplementary Provisions (hereinafter referred to in this Article and in Article 55, paragraph (1) of the Supplementary Provisions as a "pre-effective-date Fund early leaver, etc."), may, where the person has acquired the status as a member of a surviving employees' pension Fund and the articles of Association of the surviving Pension Fund Association and that surviving employees' pension Fund provide in advance that the rights and obligations concerning the payment of the portion of the old-age pension benefit (meaning the old-age pension benefit under Article 160, paragraph (5) of the pre-amendment Employees' Pension Insurance Act, which remains in force pursuant to the provisions of Article 61, paragraph (1) of the Supplementary Provisions, or Article 161, paragraph (2) of the pre-amendment Employees' Pension Insurance Act, which remains in force pursuant to the provisions of Article 61, paragraph (3) of the Supplementary Provisions; the same applies in the proviso to this paragraph, in paragraph (8), and in the provisos to Article 55, paragraph (1), Article 56, paragraph (1) and Article 65, paragraph (1) of the Supplementary Provisions) other than the portion equivalent to the amount added pursuant to the provisions of Article 160-2, paragraph (3) of the pre-amendment Employees' Pension Insurance Act, which remains in force pursuant to the provisions of Article 61, paragraph (2) of the Supplementary Provisions, or Article 161, paragraph (5) of the pre-amendment Employees' Pension Insurance Act, which remains in force pursuant to the provisions of Article 61, paragraph (3) of the Supplementary Provisions (referred to as the "old-age pension benefit" in paragraphs (2) through (5) and paragraph (9)) may be transferred from the surviving Pension Fund Association to that surviving employees' pension Fund, apply to the surviving Pension Fund Association for the transfer of those rights and obligations; provided, however, that this does not apply where the pre-effective-date Fund early leaver, etc. holds the right to receive the old-age pension benefit paid by the surviving Pension Fund Association.

②When an application has been made under the preceding paragraph, the surviving Pension Fund Association is to apply to that surviving employees' pension Fund for the transfer of the rights and obligations concerning the payment of that old-age pension benefit.

④Where that surviving employees' pension Fund succeeds, pursuant to the preceding paragraph, to the rights and obligations concerning the payment of that old-age pension benefit, the reserves for pension benefits, etc. (meaning the reserves to be appropriated for that old-age pension benefit) are to be transferred from the surviving Pension Fund Association to that surviving employees' pension Fund.

⑤A pre-effective-date Fund early leaver, etc. who makes an application under the provisions of paragraph (1) may, where the articles of Association of the surviving Pension Fund Association and that surviving employees' pension Fund provide in advance that the reserves for pension benefits, etc. specified by the articles of Association of the surviving Pension Fund Association (meaning the reserves to be appropriated for the benefits under Article 160, paragraph (5) of the pre-amendment Employees' Pension Insurance Act, which remains in force pursuant to the provisions of Article 61, paragraph (1) of the Supplementary Provisions, Article 160-2, paragraph (3) of the pre-amendment Employees' Pension Insurance Act, which remains in force pursuant to the provisions of Article 61, paragraph (2) of the Supplementary Provisions, or Article 161, paragraph (2) or (5) of the pre-amendment Employees' Pension Insurance Act, which remains in force pursuant to the provisions of Article 61, paragraph (3) of the Supplementary Provisions, excluding the reserves to be appropriated for the old-age pension benefit under paragraph (1); the same applies hereinafter in this Article and in Article 55, paragraph (1) of the Supplementary Provisions) may be transferred from the surviving Pension Fund Association to that surviving employees' pension Fund, apply to the surviving Pension Fund Association, together with that application, for the transfer of those reserves for pension benefits, etc.

⑥When an application has been made under the preceding paragraph, the surviving Pension Fund Association is to transfer to that surviving employees' pension Fund the reserves for pension benefits, etc. to which the application pertains.

⑦When that surviving employees' pension Fund has received the transfer of reserves for pension benefits, etc. pursuant to the preceding paragraph, it is to pay old-age pension benefits, etc. to that pre-effective-date Fund early leaver, etc., using the transferred Funds as the source and as provided by its articles of Association.

⑧When the surviving Pension Fund Association has transferred reserves for pension benefits, etc. pursuant to the provisions of paragraph (6), it is relieved of its obligation concerning the payment of the old-age pension benefit pertaining to that pre-effective-date Fund early leaver, etc. (limited to the portion equivalent to the amount added pursuant to the provisions of Article 160-2, paragraph (3) of the pre-amendment Employees' Pension Insurance Act, which remains in force pursuant to the provisions of Article 61, paragraph (2) of the Supplementary Provisions, or Article 161, paragraph (5) of the pre-amendment Employees' Pension Insurance Act, which remains in force pursuant to the provisions of Article 61, paragraph (3) of the Supplementary Provisions (hereinafter in this paragraph referred to as the "provisions of Article 160-2, paragraph (3), etc. of the pre-amendment Employees' Pension Insurance Act that remain in force"); the same applies in Article 55, paragraph (4) and Article 56, paragraph (3) of the Supplementary Provisions) or the death lump-sum and other lump-sum benefits (meaning the death lump-sum and other lump-sum benefits paid pursuant to the provisions of Article 160-2, paragraph (3), etc. of the pre-amendment Employees' Pension Insurance Act that remain in force; the same applies in Article 55, paragraph (4) and Article 56, paragraph (3) of the Supplementary Provisions).

⑨That surviving employees' pension Fund must, when it has succeeded to the rights and obligations concerning the payment of that old-age pension benefit pursuant to the provisions of paragraph (3), or has come to pay old-age pension benefits, etc. pursuant to the provisions of paragraph (7), notify that pre-effective-date Fund early leaver, etc. to that effect.