When a covered employee retires, the Organization is to pay a retirement allowance to that person (or, where the retirement is due to death, to the bereaved family members); provided, however, that this does not apply where the number of months for which premiums have been paid for the covered employee (hereinafter referred to as the "number of months of paid premiums") is less than 12 months.
The amount of the retirement allowance is the amount specified in each of the following items according to the category of the number of months of paid premiums set out in that item.
退職金の額は、次の各号に掲げる掛金納付月数の区分に応じ、当該各号に定める額とする。
23 months or less: an amount specified by Cabinet Order in accordance with the monthly premium and the number of months of paid premiums, as an amount less than the total amount of premiums paid for the covered employee (in the case of retirement due to death, an amount specified by Cabinet Order in accordance with the monthly premium and the number of months of paid premiums, as an amount equivalent to the total amount of premiums paid for the covered employee);
24 months or more and 42 months or less: an amount specified by Cabinet Order in accordance with the monthly premium and the number of months of paid premiums, as an amount equivalent to the total amount of premiums paid for the covered employee;
43 months or more: the amount obtained by adding together the amounts specified in (a) and (b):
四十三月以上 次のイ及びロに定める額を合算して得た額
an amount specified by Cabinet Order in accordance with the monthly premium and the number of months of paid premiums, as an amount exceeding the total amount of premiums paid for the covered employee;
the total of the amounts obtained by multiplying the amount that would be obtained by applying the provision of (a) on the assumption that the covered employee's retirement took place in a calculation month (meaning a month for which, where the premium for that month has been paid, the number of months of paid premiums becomes 43 months or 43 months plus a whole-number multiple of 12 months; the same applies hereinafter in this item and in paragraph (4)) (referred to as the "hypothetical retirement allowance amount" in paragraph (4)) 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 that calculation month belongs, in each case (where the amount has a fraction of less than one yen, it is rounded up to one yen).
The amounts specified by Cabinet Order referred to in item (i), item (ii) and item (iii), (a) of the preceding paragraph are 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 estimated number of retirements of covered employees and the estimated number of cancellations of retirement allowance mutual aid contracts.
The payment rate under paragraph (2), item (iii), (b) is to be determined by the Minister of Health, Labour and Welfare, for each fiscal year, as provided by Order of the Ministry of Health, Labour and Welfare, by the end of the fiscal year preceding that fiscal year, after hearing the opinion of the Labour Policy Council, on the basis of the rate obtained by dividing the amount calculated as the portion of the investment income of the fiscal year preceding that fiscal year that is to be applied to the payment of the amount prescribed in paragraph (2), item (iii), (b) by the total amount of the hypothetical retirement allowance amounts of covered employees who will have a calculation month in that fiscal year, and taking into account the estimated amount of investment income for that fiscal year and thereafter and other circumstances.
Where a covered employee has retired for a reason attributable to that employee and the mutual aid policyholder has made a request, and the Minister of Health, Labour and Welfare finds it appropriate in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare, the Organization may pay a reduced retirement allowance, as provided by Order of the Ministry of Health, Labour and Welfare.
Read this with the articles around it
retirementmachine translation
「退職」
The ending of an employee's employment relationship with their employer (事業主).
Defined inArticle 2, paragraph (2)· applies throughout the law
the Organizationmachine translation
「機構」
The Organization for Workers' Retirement Allowance Mutual Aid (独立行政法人勤労者退職金共済機構), an incorporated administrative agency, throughout this Act except Articles 56 and 57.
Short name set inArticle 2, paragraph (3)· applies from here on, except in Articles 56 and 57
retirement allowance mutual aid contractmachine translation
「退職金共済契約」
A contract under which an employer (事業主) promises to pay premiums (掛金) to the Organization for Workers' Retirement Allowance Mutual Aid (独立行政法人勤労者退職金共済機構) and the Organization promises to pay a retirement allowance (退職金), as this Act provides, when the employer's employees leave; a specified-industry retirement allowance mutual aid contract (特定業種退職金共済契約) is not one.
Defined inArticle 2, paragraph (3)· applies throughout the law
mutual aid policyholdermachine translation
「共済契約者」
An employer (事業主) that is a party to a retirement allowance mutual aid contract (退職金共済契約) or a specified-industry retirement allowance mutual aid contract (特定業種退職金共済契約).
Defined inArticle 2, paragraph (6)· applies throughout the law
covered employeemachine translation
「被共済者」
A person to whom the Organization (機構) must pay a retirement allowance (退職金) when they leave their employment, under a retirement allowance mutual aid contract (退職金共済契約) or a specified-industry retirement allowance mutual aid contract (特定業種退職金共済契約).
Defined inArticle 2, paragraph (7)· applies throughout the law
number of months of paid premiumsmachine translation
「掛金納付月数」
The number of months for which premiums (掛金) have been paid for a covered employee (被共済者); no retirement allowance (退職金) is paid if it is under 12.
Short name set inArticle 10, paragraph (1)
hypothetical retirement allowance amountmachine translation
「仮定退職金額」
In Article 10, paragraph (2), item (iii), (b) and paragraph (4), the amount a covered employee (被共済者) would receive under item (iii), (a) if they had retired in a calculation month (計算月) — a month in which their number of months of paid premiums reaches 43, or 43 plus a multiple of 12 — which is multiplied by that fiscal year's payment rate (支給率) to work out the extra amount added to the retirement allowance (退職金).
Short name set inArticle 10, paragraph (2), item (iii), (b)· applies only in this provision and in Article 10, paragraph (4)
fiscal yearmachine translation
「年度」
The fiscal year, from 1 April to 31 March of the following year.
Defined inArticle 10, paragraph (2), item (iii), (b)
calculation monthmachine translation
「計算月」
In Article 10, paragraph (2), item (iii) and paragraph (4), a month in which, once that month's premium (掛金) is paid, the number of months of paid premiums (掛金納付月数) reaches 43, or 43 plus a whole multiple of 12.
Defined inArticle 10, paragraph (2), item (iii), (b)· applies only in this item and in Article 10, paragraph (4)
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.
Labor Policy Council
労働政策審議会
A council (審議会) attached to the Ministry of Health, Labour and Welfare (Act for Establishment of the Ministry of Health, Labour and Welfare, Article 6, paragraph (1)). At the Minister of Health, Labour and Welfare's request it studies and deliberates on important matters of labour policy (and, at that Minister's or the Minister of Economy, Trade and Industry's request, on preventing pneumoconiosis (じん肺)), gives its opinion on them to the Minister or the administrative bodies concerned, and handles the matters the labour laws assign to it (Article 9, paragraph (1) of that Act). It has thirty members, whom the Minister appoints in equal numbers from those representing workers, employers and the public interest, and temporary and expert members may be added for particular matters (Cabinet Order (政令) on the Labor Policy Council (労働政策審議会令), Articles 2 and 3).
Written by AI using Act for Establishment of the Ministry of Health, Labour and Welfare, Arts. 6, 9 and Cabinet Order on the Labor Policy Council, Arts. 2, 3 as a reference.