A mutual aid policyholder that has filed a request under the provisions of paragraph (1) of the preceding Article must, for each month for which premiums have been paid for the covered employee concerned in that request, from the month containing the day on which the retirement allowance mutual aid contract took effect through the month in which five years (or, where the past service period is less than five years, the number of years of that past service period) elapse (or, where the covered employee retires before that month or the retirement allowance mutual aid contract is cancelled before that month, the month containing the day of retirement or the day of cancellation of the retirement allowance mutual aid contract), pay the monthly past service premium, being the amount obtained by multiplying the past service monthly amount by the rate obtained by adding, to the rate specified by Cabinet Order according to the number of years of the past service period, the rate determined by the Minister of Health, Labour and Welfare in consideration of the cost of paying the amount provided for in Article 10, paragraph (2), item (iii), (b) out of the amount of the retirement allowance under Article 29, paragraph (1), item (i), by the last day of the following month (or, for the past service premium for the month containing the day on which the retirement allowance mutual aid contract took effect, by the last day of the month after the following month).
前条第一項の規定による申出をした共済契約者は、当該申出に係る被共済者について、退職金共済契約の効力が生じた日の属する月から五年（過去勤務期間が五年に満たないときは、当該過去勤務期間の年数）を経過する月（その月前に被共済者が退職したとき、又は退職金共済契約が解除されたときは、退職の日又は退職金共済契約の解除の日の属する月）までの掛金が納付されている各月につき、過去勤務通算月額に過去勤務期間の年数に応じ政令で定める率に次条第一項第一号の規定による退職金の額のうち第十条第二項第三号ロに定める額の支払に要する費用を考慮して厚生労働大臣の定める率を加えて得た率を乗じて得た額の毎月分の過去勤務掛金を翌月末日（退職金共済契約が効力を生じた日の属する月分の過去勤務掛金にあつては、翌々月末日）までに納付しなければならない。
If a mutual aid policyholder that has filed a request under the provisions of paragraph (1) of the preceding Article fails to pay past service premiums for a certain number of months or more specified by Order of the Ministry of Health, Labour and Welfare (excluding a case where there is a justifiable reason specified by Order of the Ministry of Health, Labour and Welfare), it may not pay past service premiums from that time on.
The retirement allowance mutual aid book delivered under the provisions of Article 7, paragraph (3) to a mutual aid policyholder that has filed a request under the provisions of paragraph (1) of the preceding Article must also be capable of showing the status of payment of past service premiums.
The provisions of Article 22, paragraph (2) and Articles 24 through 26 apply mutatis mutandis to the payment of past service premiums. In this case, the phrase "Article 22, paragraph (1)" in Article 26, paragraph (1) is deemed to be replaced with "Article 28, paragraph (1)".
第二十二条第二項及び第二十四条から第二十六条までの規定は、過去勤務掛金の納付について準用する。この場合において、同条第一項中「第二十二条第一項」とあるのは、「第二十八条第一項」と読み替えるものとする。
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
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
past service periodmachine translation
「過去勤務期間」
The period an employee has been continuously employed by the employer from being hired up to the day before the retirement allowance mutual aid contract (退職金共済契約) takes effect, less the periods an Order of the Ministry of Health, Labour and Welfare (厚生労働省令) sets during which they were one of those Article 3, paragraph (3) lists, such as a fixed-term or seasonal worker, with any part of a year dropped; the employer may ask for up to 120 months of it to be added to the months of paid premiums.
Defined inArticle 27, paragraph (1)
past service monthly amountmachine translation
「過去勤務通算月額」
The monthly premium (掛金月額) for the past service period (過去勤務期間) that an employer fixes when asking under Article 27, paragraph (1) for that period to be counted, on which the retirement allowance (退職金) under Article 29, paragraph (1), item (i) is based.
Short name set inArticle 27, paragraph (3)
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.