Notwithstanding the provisions of Article 10, paragraph (2), the amount of the retirement allowance when a covered employee under a retirement allowance mutual aid contract for which past service premiums have been paid (excluding a covered employee falling under the following paragraph) retires is to be the greater of the following amounts:
the amount obtained by applying the provisions of Article 10, paragraph (2) (excluding item (i)) on the assumption that the retirement allowance mutual aid contract took effect on the corresponding day in the year that is the number of years of the past service period before the year containing the day on which the retirement allowance mutual aid contract took effect, and that the premiums for each month from the month containing that corresponding day through the month preceding the month containing the day on which the retirement allowance mutual aid contract actually took effect were paid based on a monthly premium equal to the past service monthly amount;
the amount obtained by adding to the amount calculated pursuant to the provisions of Article 10, paragraph (2) the total amount of past service premiums paid (where the number of months for which past service premiums have been paid is 48 months or 60 months, the amount obtained by multiplying the amount of the past service premiums by the respective number specified by Cabinet Order).
第十条第二項の規定により算定した額に納付された過去勤務掛金の総額(過去勤務掛金の納付があつた月数が四十八月又は六十月であるときは、過去勤務掛金の額にそれぞれ政令で定める数を乗じて得た額)を加算した額
The payment of a retirement allowance when a covered employee under a retirement allowance mutual aid contract for which past service premiums have been paid, and for whom past service premiums have not been paid for some of the months from the month containing the day on which the retirement allowance mutual aid contract took effect through the month in which five years have elapsed (or, where the past service period is less than five years, the number of years of that past service period), retires is as provided in the following items.
The provisions of the proviso to Article 10, paragraph (1) do not apply;
第十条第一項ただし書の規定は、適用しない。
The amount of the retirement allowance is, notwithstanding the provisions of Article 10, paragraph (2), the amount specified in each of (a) through (c) according to the category of the number of months of paid premiums set out in the relevant one of (a) through (c):
11 months or less: the total amount of past service premiums paid;
十一月以下 納付された過去勤務掛金の総額
12 months or more and 59 months or less: the amount obtained by adding to the amount calculated pursuant to the provisions of Article 10, paragraph (2) the total amount of past service premiums paid (where the number of months for which past service premiums have been paid is 43 months or more, the amount obtained by multiplying the amount of the past service premiums by the rate specified by Cabinet Order in accordance with the number of months for which past service premiums have been paid; the same applies in (c));
十二月以上五十九月以下 第十条第二項の規定により算定した額に納付された過去勤務掛金の総額(過去勤務掛金の納付があつた月数が四十三月以上であるときは、過去勤務掛金の額に過去勤務掛金の納付があつた月数に応じ政令で定める率を乗じて得た額。ハにおいて同じ。)を加算した額
60 months or more: the amount obtained by adding to the amount calculated pursuant to the provisions of Article 10, paragraph (2) the total of principal and interest obtained by calculating, for the period equivalent to the number of months obtained by subtracting 59 months from the number of months of paid premiums, compound interest at the rate specified by Cabinet Order on the total amount of past service premiums paid.
The payment of a cancellation refund when a retirement allowance mutual aid contract for which past service premiums have been paid is cancelled is as provided in the following items.
過去勤務掛金が納付されたことのある退職金共済契約が解除されたときにおける解約手当金の支給については、次の各号に定めるところによる。
The provisions of Article 16, paragraph (3) do not apply;
第十六条第三項の規定は、適用しない。
The amount of the cancellation refund paid to the covered employee under that retirement allowance mutual aid contract is the amount calculated in accordance with the provisions of paragraph (1) for a covered employee falling under the provisions of that paragraph, and, for a covered employee falling under the provisions of the preceding paragraph, in accordance with the provisions of item (ii) of that paragraph.
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
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)
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.