Where any of the following grounds arises with respect to a mutual aid policyholder and the number of months of paid premiums of that person is six months or more, the Organization is to pay mutual aid benefits to that person (or, where the ground set out in item (i) or item (ii) is due to death, to the bereaved family of that person):
discontinuation of business (in the case of a mutual aid policyholder concerning a mutual aid contract concluded in the capacity of a small-scale enterprise that is an officer of a company, etc., dissolution of that company, etc.) (excluding the case set out in Article 7, paragraph (4), item (i));
in the case of a mutual aid policyholder concerning a mutual aid contract concluded in the capacity of a small-scale enterprise that is an officer of a company, etc., when that person ceases to be an officer of that company, etc. due to illness, injury or death, or at the age of 65 or more;
in the case of a mutual aid policyholder who is aged 65 or more and whose number of months of paid premiums is 180 months or more, when a request for payment of mutual aid benefits is made without any ground set out in the preceding two items having arisen.
The amount of mutual aid benefits to be paid by the Organization is the total amount of the premium-unit mutual aid benefit amounts corresponding to each division obtained when the premiums for each month paid by the mutual aid policyholder are successively divided into units of 500 yen (hereinafter referred to as a "premium unit").
The premium-unit mutual aid benefit amount under the preceding paragraph is, according to the number of months of paid premiums for the premium unit set out in each of the following items, the amount specified in that item:
less than 36 months: the total amount of the premiums paid for that premium unit;
三十六月未満 その掛金区分に係る納付に係る掛金の合計額
36 months or more: the total amount of the amounts specified in (a) through (c).
三十六月以上 次のイからハまでに定める金額の合計額
the amount specified by Cabinet Order according to the number of months of paid premiums for that premium unit and the grounds set out in the items of paragraph (1);
the total amount of the amounts obtained by multiplying the amount obtained where the provisions of (a) are applied on the assumption that a ground set out in the items of paragraph (1) arose in a reference month (meaning each month in which the number of months of paid premiums for that premium unit is 36 months or a number of months obtained by adding an integral multiple of 12 months to 36 months; the same applies hereinafter) (hereinafter referred to as the "hypothetical mutual aid benefit amount") by the payment rate for the fiscal year (meaning the period from April 1 to March 31 of the following year; the same applies hereinafter) to which the respective reference month belongs;
the amount obtained by multiplying the amount specified in (a) by the payment rate for the fiscal year to which the day on which a ground set out in the items of paragraph (1) arose belongs, and further multiplying the result by the rate obtained by dividing by 12 the number of months obtained by subtracting the number of months of paid premiums as of the last reference month from the number of months of paid premiums for that premium unit.
The amount specified by Cabinet Order in item (ii), (a) of the preceding paragraph is to be determined on the basis of the total amount of the premiums paid and the investment income therefrom, taking into account the assumed interest rate, the expected number of occurrences of the grounds set out in the items of paragraph (1) and the expected number of cancellations of mutual aid contracts. In this case, that amount must satisfy the following requirements.
that it exceeds the total amount of the premiums paid for that premium unit;
その掛金区分に係る納付に係る掛金の合計額を上回ること。
that the amount paid on a ground set out in paragraph (1), item (i) is equal to or more than the amount paid on a ground set out in items (ii) and (iii) of that paragraph.
The payment rate in (b) and (c) of paragraph (3), item (ii) is to be determined by the Minister of Economy, Trade and Industry for each fiscal year, by the end of the fiscal year preceding that fiscal year, after hearing the opinion of the Small and Medium-sized Enterprise Policy Council, on the basis of the rate obtained by dividing the amount calculated as provided by Order of the Ministry of Economy, Trade and Industry as the portion of the investment income up to that fiscal year that is to be applied to payment of the amount specified in paragraph (3), item (ii), (b) or Article 12, paragraph (4), item (ii), (b) in that fiscal year, by the amount calculated as provided by Order of the Ministry of Economy, Trade and Industry as the total amount of the hypothetical mutual aid benefit amounts or the hypothetical cancellation refund amounts (meaning the hypothetical cancellation refund amounts under (b) of that item) for the premium units that will have a reference month in that fiscal year, taking into account the expected amount of investment income from that fiscal year onward and other circumstances.
Where a Cabinet Order is enacted or amended pursuant to the provisions of paragraph (3), item (ii), (a), the Cabinet Order may provide for measures necessary concerning the calculation of the amount of mutual aid benefits for mutual aid contracts that took effect before that enactment or amendment and with respect to which a ground set out in the items of paragraph (1) arises after that enactment or amendment, and for other necessary transitional measures accompanying that enactment or amendment.
Read this with the articles around it
small-scale enterprisemachine translation
「小規模企業者」
An individual who runs a business with 20 or fewer regular employees in industry, mining, transport and similar fields, 5 or fewer in commerce or services, or no more than a number a Cabinet Order (政令) sets for the industries it names; an individual who takes part in running such a business; or an officer of a company of the same size or of a small and medium-sized enterprise organization (中小企業団体) a Cabinet Order specifies.
Defined inArticle 2, paragraph (1)· applies throughout the law
mutual aid contractmachine translation
「共済契約」
A contract under which a small-scale enterprise (小規模企業者) promises to pay premiums (掛金) to the Organization for Small and Medium Enterprises and Regional Innovation, JAPAN (独立行政法人中小企業基盤整備機構), and the Organization promises to pay a mutual aid benefit (共済金) as the Small Enterprise Mutual Relief Projects Act provides when that person's business is closed or a similar event occurs.
Defined inArticle 2, paragraph (2)· applies throughout the law
the Organizationmachine translation
「機構」
The Organization for Small and Medium Enterprises and Regional Innovation, JAPAN (独立行政法人中小企業基盤整備機構), an incorporated administrative agency, with which small-scale enterprises (小規模企業者) conclude mutual aid contracts (共済契約) and which pays the mutual aid benefits (共済金).
Short name set inArticle 2, paragraph (2)
company, etc.machine translation
「会社等」
A company (会社) or a small and medium-sized enterprise organization (中小企業団体), whose officers can be mutual aid policyholders (共済契約者).
Short name set inArticle 2, paragraph (3)
mutual aid policyholdermachine translation
「共済契約者」
An individual business operator, or an officer of a company or of a small and medium-sized enterprise organization (中小企業団体), who is a party to a mutual aid contract (共済契約).
Defined inArticle 2, paragraph (3)· applies throughout the law
premium unitmachine translation
「掛金区分」
Each 500-yen unit into which the premium (掛金) paid for each month is divided, in order, to work out a mutual aid benefit (共済金), which is the total of the amounts worked out for each unit.
Short name set inArticle 9, paragraph (2)
hypothetical mutual aid benefit amountmachine translation
「仮定共済金額」
For a premium unit (掛金区分) paid for 36 months or more, the amount Article 9, paragraph (3), item (ii)(a) would give it if one of the events that give rise to a mutual aid benefit (共済金), such as closing the business, were treated as having happened in a reference month (基準月); each such amount, multiplied by the payment rate (支給率) for the fiscal year that month falls in, is added to the benefit.
Short name set inArticle 9, paragraph (3), item (ii), (b)
reference monthmachine translation
「基準月」
For a premium unit (掛金区分), each month in which the number of months of paid premiums (掛金納付月数) for it reaches 36, or 36 plus a multiple of 12 (48, 60 and so on).
Defined inArticle 9, paragraph (3), item (ii), (b)
fiscal yearmachine translation
「年度」
The fiscal year, from 1 April to 31 March of the following year.
Defined inArticle 9, paragraph (3), item (ii), (b)
cancellation
解除
Ending a contract by one party's notice to the other, where the contract or the law gives that party a right to cancel (Civil Code, Article 540, paragraph (1)). The Civil Code lets a party cancel for the other's failure to perform: after a demand to perform within a reasonable time that is not met, unless what is still missing is minor (Article 541), or at once where performance has become wholly impossible, or the other party has clearly refused to perform, among other cases where performance clearly will not come (Article 542, paragraph (1)). On cancellation each party must put the other back in the position before the contract, and damages can still be claimed (Article 545, paragraphs (1) and (4)); a lease, though, ends only from then on (Article 620). Cancellation differs from rescission (取消し), after which the act is treated as void from the start (Article 121).
Written by AI using Civil Code, Arts. 121, 540, 541, 542, 545, 620 as a reference.