Where, when a retirement allowance mutual aid contract has been cancelled pursuant to the provisions of Article 8, paragraph (2), item (ii), the mutual aid policyholder of the cancelled retirement allowance mutual aid contract has given notice of the implementation, for the covered employee of the cancelled retirement allowance mutual aid contract, of a defined-benefit corporate pension prescribed in Article 2, paragraph (1) of the Defined-Benefit Corporate Pension Act (Act No. 50 of 2001) (referred to as a "defined-benefit corporate pension" in Article 31-3 and Article 31-4), a corporate-type pension plan prescribed in Article 2, paragraph (2) of the Defined Contribution Pension Act (Act No. 88 of 2001) (referred to as a "corporate-type pension plan" in Article 31-3 and Article 31-4), or any other scheme specified by Cabinet Order, in each case one that meets the requirements specified by Order of the Ministry of Health, Labour and Welfare (hereinafter referred to in this Article as a "specified corporate pension scheme, etc."), the Organization does not pay a cancellation refund to that covered employee, notwithstanding paragraph (1) of the preceding Article. In this case, where, within the period specified by Order of the Ministry of Health, Labour and Welfare after the cancellation, the mutual aid policyholder has, with the consent of that covered employee and as provided by Order of the Ministry of Health, Labour and Welfare, made an application concerning the transfer of an amount equivalent to the cancellation refund to the specified corporate pension scheme, etc. pertaining to that notice, the Organization is to transfer, based on that application, an amount specified by Order of the Ministry of Health, Labour and Welfare within the range of the amount equivalent to the cancellation refund for that covered employee to an asset management and investment institution, etc. prescribed in Article 30, paragraph (3) of the Defined-Benefit Corporate Pension Act (referred to as an "asset management and investment institution, etc." in Article 31-3 and Article 31-4), an asset management institution prescribed in Article 2, paragraph (7), item (i), (b) of the Defined Contribution Pension Act (referred to as an "asset management institution" in Article 31-3 and Article 31-4), or any other body specified by Order of the Ministry of Health, Labour and Welfare as one that implements that specified corporate pension scheme, etc.
第八条第二項第二号の規定により退職金共済契約が解除された際に、当該解除された退職金共済契約の共済契約者が、当該解除された退職金共済契約の被共済者に係る確定給付企業年金法（平成十三年法律第五十号）第二条第一項に規定する確定給付企業年金（第三十一条の三及び第三十一条の四において「確定給付企業年金」という。）、確定拠出年金法（平成十三年法律第八十八号）第二条第二項に規定する企業型年金（第三十一条の三及び第三十一条の四において「企業型年金」という。）その他の政令で定める制度であつて、厚生労働省令で定める要件を備えているもの（以下この条において「特定企業年金制度等」という。）の実施の通知をした場合には、前条第一項の規定にかかわらず、機構は、当該被共済者に解約手当金を支給しない。この場合において、当該共済契約者が、当該解除後厚生労働省令で定める期間内に、当該被共済者の同意を得て、厚生労働省令で定めるところにより、当該通知に係る特定企業年金制度等への解約手当金に相当する額の引渡しに関する申出をしたときは、機構は、当該申出に基づき、当該被共済者に係る解約手当金に相当する額の範囲内の金額で厚生労働省令で定める金額を、確定給付企業年金法第三十条第三項に規定する資産管理運用機関等（第三十一条の三及び第三十一条の四において「資産管理運用機関等」という。）、確定拠出年金法第二条第七項第一号ロに規定する資産管理機関（第三十一条の三及び第三十一条の四において「資産管理機関」という。）その他の当該特定企業年金制度等を実施する団体として厚生労働省令で定めるものに引き渡すものとする。
In the case of the second sentence of the preceding paragraph, where the amount to be transferred under the second sentence of that paragraph is less than the amount equivalent to the cancellation refund for the covered employee referred to in that paragraph, the Organization is to pay the difference to that covered employee as a cancellation refund, as provided by Order of the Ministry of Health, Labour and Welfare, notwithstanding the provisions of that paragraph.
In the case of paragraph (1), where any of the following events occurs with respect to the covered employee who is the subject of the notice under the first sentence of that paragraph, the Organization pays a cancellation refund to that covered employee, notwithstanding the provisions of that paragraph.
Where the covered employee's retirement or death has occurred before the specified corporate pension scheme, etc. is implemented;
Where no application has been made under the second sentence of paragraph (1);
第一項後段の規定による申出がなかつたとき。
In addition to the cases set out in the preceding two items, where an event specified by Order of the Ministry of Health, Labour and Welfare has occurred.
前二号に掲げるときのほか、厚生労働省令で定める事由が生じたとき。
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
corporate-type pension planmachine translation
「企業型年金」
In Articles 31-3 and 31-4, a corporate-type pension plan as Article 2, paragraph (2) of the Defined Contribution Pension Act defines it: a pension plan that an employer whose place of business is covered by employees' pension insurance (厚生年金適用事業所) runs, alone or jointly with others, under Chapter II of that Act.
Short name set inArticle 17, paragraph (1)· applies only in this provision and in Articles 31-3 and 31-4
specified corporate pension scheme, etc.machine translation
「特定企業年金制度等」
In Article 17, a defined-benefit corporate pension (確定給付企業年金), a corporate-type pension plan (企業型年金) or another scheme a Cabinet Order (政令) specifies that meets requirements an Order of the Ministry of Health, Labour and Welfare (厚生労働省令) sets; where a mutual aid policyholder (共済契約者) whose contract was terminated because it ceased to be a small and medium-sized enterprise gives notice that it runs one, no cancellation refund (解約手当金) is paid, and an equivalent amount can instead be handed over to that scheme.
Short name set inArticle 17, paragraph (1)· applies only in this article
defined-benefit corporate pensionmachine translation
「確定給付企業年金」
In Articles 31-3 and 31-4, a defined-benefit corporate pension as Article 2, paragraph (1) of the Defined-Benefit Corporate Pension Act defines it: a pension plan that an employer whose place of business is covered by employees' pension insurance (厚生年金適用事業所) runs, alone or jointly with others, under Chapters II to XIII of that Act.
Short name set inArticle 17, paragraph (1)· applies only in this provision and in Articles 31-3 and 31-4
asset management institutionmachine translation
「資産管理機関」
In Article 17 and Articles 31-3 and 31-4, the asset management institution of a corporate-type pension plan (企業型年金) as defined in Article 2, paragraph (7), item (i), (b) of the Defined Contribution Pension Act: the other party to the contract the employer running the plan has concluded under Article 8, paragraph (1) of that Act.
Short name set inArticle 17, paragraph (1)· applies only in this provision and in Articles 31-3 and 31-4
asset management and investment institution, etc.machine translation
「資産管理運用機関等」
In Article 17 and Articles 31-3 and 31-4, an asset management and investment institution (資産管理運用機関) or a corporate pension fund (企業年金基金) as Article 30, paragraph (3) of the Defined-Benefit Corporate Pension Act names them: the body that pays a defined-benefit corporate pension's (確定給付企業年金) benefits once they are awarded.
Short name set inArticle 17, paragraph (1)· applies only in this provision and in Articles 31-3 and 31-4
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.