Article 9-2Method of Payment of Mutual Aid Benefits
第九条の二(共済金の支給方法)
Mutual aid benefits are to be paid as a lump sum.
共済金は、一時金として支給する。
Article 9-3Installment Payment of Mutual Aid Benefits, etc.
第九条の三(共済金の分割支給等)
Notwithstanding the preceding Article, the Organization may, at the request of a mutual aid policyholder, pay all or part of the mutual aid benefits by installment payment; provided, however, that this does not apply in any of the following cases:
where the amount of the mutual aid benefits is less than the amount specified by Order of the Ministry of Economy, Trade and Industry;
共済金の額が経済産業省令で定める金額未満であるとき。
where a ground set out in Article 9, paragraph (1), item (i) or item (ii) arises with respect to a mutual aid policyholder and that person is under 60 years of age on the day on which the ground arises;
where a mutual aid policyholder requests that part of the mutual aid benefits be paid by installment payment, and the amount subject to installment payment prescribed in the following paragraph is less than the amount specified by Order of the Ministry of Economy, Trade and Industry, or the amount obtained by subtracting the amount subject to installment payment prescribed in that paragraph from the full amount of those mutual aid benefits is less than the amount specified by Order of the Ministry of Economy, Trade and Industry.
Where a mutual aid policyholder intends to receive payment of part of the mutual aid benefits by installment payment, the request under the preceding paragraph must be made by specifying the amount of that part of the mutual aid benefits for which the policyholder intends to receive payment by installment payment (referred to in this Article as the "amount subject to installment payment").
The payment months for mutual aid benefits paid by installment payment are January, March, May, July, September and November of each year; provided, however, that mutual aid benefits that should have been paid in the previous payment month are to be paid even in a month that is not a payment month.
分割払の方法による共済金の支給期月は、毎年一月、三月、五月、七月、九月及び十一月とする。ただし、前支給期月に支給すべきであつた共済金は、その支給期月でない月であつても、支給するものとする。
The period of payment of mutual aid benefits by installment payment (hereinafter referred to as the "installment payment period") is, at the election of the mutual aid policyholder, either 10 years or 15 years from the first payment month after the request under paragraph (1).
The amount of the mutual aid benefits for each payment month (hereinafter referred to as the "installment mutual aid benefit") is the amount obtained by multiplying the amount of the mutual aid benefits (or, where part of the mutual aid benefits is paid by installment payment, the amount subject to installment payment) by the rate specified by Cabinet Order according to the installment payment period (referred to as the "installment payment rate" in paragraph (2) of the following Article).
Where, pursuant to the provisions of paragraph (1), it has been decided that part of the mutual aid benefits is to be paid by installment payment, the amount obtained by subtracting the amount subject to installment payment from the full amount of those mutual aid benefits is to be paid as a lump sum.
第九条の四
Where the Organization has decided to pay all or part of the mutual aid benefits by installment payment and a ground set out in the following items arises, the Organization is to pay in a lump sum, to the person specified in the relevant item, the total amount of the amounts equivalent to the present value of the installment mutual aid benefits whose payment months have not arrived by the time the ground arises (hereinafter referred to as "present value amounts"):
when a mutual aid policyholder dies: the heir;
共済契約者が死亡したとき 相続人
where a special circumstance specified by Order of the Ministry of Economy, Trade and Industry, such as a severe disability, arises with respect to a mutual aid policyholder and that person requests the Organization to pay the total amount of the present value amounts in a lump sum: that person.
The present value amount is the amount obtained by discounting the amount of the installment mutual aid benefit by the compound present value method, using the interest rate determined by the Minister of Economy, Trade and Industry as the interest rate that served as the basis for calculating the installment payment rate for that amount, according to the period from the most recent payment month after a ground set out in either item of the preceding paragraph arises to the payment month for that installment mutual aid benefit.
The surviving family members entitled to receive payment of the mutual aid benefits prescribed in Article 9, paragraph (1) are the persons set out in the following items:
第九条第一項に規定する共済金の支給を受けるべき遺族は、次の各号に掲げる者とする。
a spouse (including a person who has not filed a notification of marriage but who, at the time of the mutual aid policyholder's death, was in a situation equivalent to a marital relationship in fact);
配偶者(届出をしていないが、共済契約者の死亡の当時事実上婚姻関係と同様の事情にあつたものを含む。)
children, parents, grandchildren, grandparents and siblings who, at the time of the mutual aid policyholder's death, were mainly dependent on the policyholder's income for their livelihood;
子、父母、孫、祖父母及び兄弟姉妹で共済契約者の死亡の当時主としてその収入によつて生計を維持していたもの
in addition to the persons set out in the preceding item, relatives who, at the time of the mutual aid policyholder's death, were mainly dependent on the policyholder's income for their livelihood;
children, parents, grandchildren, grandparents and siblings who do not fall under item (ii);
子、父母、孫、祖父母及び兄弟姉妹で第二号に該当しないもの
children of grandchildren and children of siblings who do not fall under item (iii).
孫の子及び兄弟姉妹の子のうち第三号に該当しないもの
The order of priority among the surviving family members entitled to receive payment of mutual aid benefits is the order of the items of the preceding paragraph, and, among the persons set out in items (ii), (iv) and (v) of that paragraph, the order in which they are listed in the relevant item; in this case, for parents, the order is adoptive parents and then biological parents, and for grandparents, the order is the adoptive parents of adoptive parents, the biological parents of adoptive parents, the adoptive parents of biological parents, and then the biological parents of biological parents.
Where there are two or more persons of the same rank among the surviving family members entitled to receive payment of mutual aid benefits under the preceding paragraph, the mutual aid benefits are to be paid in equal shares divided by the number of those persons.
前項の規定により共済金の支給を受けるべき遺族に同順位者が二人以上あるときは、共済金は、その人数によつて等分して支給する。
第十一条(欠格)
A person who has caused the death of a mutual aid policyholder through an intentional criminal act is not entitled to receive payment of mutual aid benefits, notwithstanding the preceding Article. The same applies to a person who, before the death of a mutual aid policyholder, caused the death, through an intentional criminal act, of a person who would be entitled to receive payment of mutual aid benefits upon the death of that policyholder.
Article 12Cancellation Refunds
第十二条(解約手当金)
Where a mutual aid contract is cancelled and the number of months of paid premiums of the mutual aid policyholder is 12 months or more, the Organization is to pay a cancellation refund to the mutual aid policyholder.
Where a mutual aid contract is cancelled pursuant to the provisions of Article 7, paragraph (2), item (ii), no cancellation refund is to be paid, notwithstanding the preceding paragraph; provided, however, that this does not apply where there are special circumstances specified by Order of the Ministry of Economy, Trade and Industry.
The amount of the cancellation refund is, according to the cases set out in the following items, the amount specified in the relevant item:
解約手当金の額は、次の各号に掲げる場合に応じ、それぞれ当該各号に定める金額とする。
where a mutual aid contract is cancelled pursuant to the provisions of Article 7, paragraph (2) or paragraph (3), or is deemed to have been cancelled pursuant to the provisions of paragraph (4), item (i) of that Article (limited to where that mutual aid policyholder has become a small-scale enterprise that is an officer of the company referred to in that item): the total amount of the amounts obtained, for each premium unit, by multiplying the total amount of the premiums paid for that unit by a ratio specified by Cabinet Order that is not less than 80 percent;
where a mutual aid contract is deemed to have been cancelled pursuant to the provisions of Article 7, paragraph (4) (excluding, where it is so deemed under item (i) of that paragraph, the case where that mutual aid policyholder has become a small-scale enterprise that is an officer of the company referred to in that item): the total amount of the premium-unit cancellation refund amounts corresponding to the premium units.
The premium-unit cancellation refund amount under item (ii) of 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 the relevant 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) (or, where that amount does not reach the total amount of the premiums paid for that premium unit, that total amount).
三十六月以上 次のイからハまでに定める金額の合計額(その額がその掛金区分に係る納付に係る掛金の合計額に達しないときは、その合計額)
the amount specified by Cabinet Order according to the number of months of paid premiums for that premium unit;
その掛金区分に係る掛金納付月数に応じ政令で定める金額
the total amount of the amounts obtained by multiplying the hypothetical cancellation refund amount (meaning the amount obtained where the provisions of (a) are applied on the assumption that a ground set out in the items of Article 7, paragraph (4) arose in a reference month) by the payment rate prescribed in Article 9, paragraph (5) for the fiscal year to which the respective reference month belongs;
the amount obtained by multiplying the amount specified in (a) by the payment rate prescribed in Article 9, paragraph (5) for the fiscal year to which the day on which a ground set out in the items of Article 7, paragraph (4) 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 provisions of the first sentence of Article 9, paragraph (4) apply mutatis mutandis to the ratio specified by Cabinet Order in paragraph (3), item (i) and the amount specified by Cabinet Order in item (ii), (a) of the preceding paragraph. In this case, the amount obtained by multiplying by the ratio specified by Cabinet Order prescribed in paragraph (3), item (i) must be less than the premium-unit cancellation refund amount prescribed in item (ii) of that paragraph, and the amount specified by Cabinet Order in item (ii), (a) of the preceding paragraph must be less than the amount specified by Cabinet Order in Article 9, paragraph (3), item (ii), (a).
The provisions of Article 9, paragraph (6) apply mutatis mutandis where a Cabinet Order is enacted or amended pursuant to the provisions of paragraph (4), item (ii), (a). In this case, the phrase "the items of paragraph (1)" in Article 9, paragraph (6) is deemed to be replaced with "the items of Article 7, paragraph (4)", and the phrase "mutual aid benefits" is deemed to be replaced with "cancellation refunds".
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)
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)
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)
amount subject to installment paymentmachine translation
「分割払対象額」
In Article 9-3, the part of a mutual aid benefit (共済金) that a mutual aid policyholder (共済契約者) who asks to receive only part of the benefit in installments specifies to be paid that way.
Short name set inArticle 9-3, paragraph (2)· applies only in this article
installment payment periodmachine translation
「分割支給期間」
The period over which a mutual aid benefit (共済金) is paid in installments: 10 or 15 years from the first payment month (支給期月) after the request, as the mutual aid policyholder (共済契約者) chooses.
Short name set inArticle 9-3, paragraph (4)
installment mutual aid benefitmachine translation
「分割共済金」
The amount of a mutual aid benefit (共済金) paid in each payment month (支給期月) when it is paid in installments: the benefit, or the part of it chosen to be paid in installments, multiplied by a rate a Cabinet Order (政令) sets for the length of the installment period.
Short name set inArticle 9-3, paragraph (5)
installment payment ratemachine translation
「分割支給率」
The rate a Cabinet Order (政令) sets for each installment payment period (分割支給期間), by which a mutual aid benefit (共済金), or the part of it paid in installments, is multiplied to give the amount of each installment.
Short name set inArticle 9-3, paragraph (5)· applies only in this provision and in Article 9-4, paragraph (2)
present value amountmachine translation
「現価相当額」
Where a mutual aid benefit (共済金) is being paid in installments and the mutual aid policyholder (共済契約者) dies, or meets with a severe disability or other special circumstance a Ministry of Economy, Trade and Industry Order (経済産業省令) sets and asks for it, the present value of each installment (分割共済金) whose payment month (支給期月) has not yet come, the total of which is paid in one lump sum.
Short name set inArticle 9-4, paragraph (1)
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.