Article 31-2Acceptance, etc. of Accepted Amounts from Bodies That Have Discontinued Retirement Allowance Mutual Aid Businesses

①Where an employer (limited to one that had concluded a contract concerning retirement allowance mutual aid (meaning a contract under which an employer undertakes to pay premiums to a body and that body undertakes to pay a retirement allowance upon the retirement of an employee employed by that employer; the same applies hereinafter in this Article) with a body that has discontinued a retirement allowance mutual aid business and is specified by Order of the Ministry of Health, Labour and Welfare (hereinafter referred to in this Article as a "discontinued body")) has concluded a retirement allowance mutual aid contract naming the employees it employs as covered employees, and that discontinued body has concluded with the Organization a contract providing that, for a person who has become a covered employee under that retirement allowance mutual aid contract, an amount within the range of the total amount of premiums paid to that discontinued body under that contract concerning retirement allowance mutual aid, the amount specified by Cabinet Order as equivalent to premiums, and the amount of profits from the investment of those amounts is to be transferred to the Organization, and providing for other matters specified by Order of the Ministry of Health, Labour and Welfare, and that employer has made an application as provided by Order of the Ministry of Health, Labour and Welfare, the Organization is to accept, as provided in the contract with that discontinued body, that amount pertaining to the person who has become a covered employee under that retirement allowance mutual aid contract.

②Where the Organization has made the acceptance under the preceding paragraph, with respect to the portion of the amount so accepted (hereinafter referred to in this Article as the "accepted amount") that is the amount specified by Cabinet Order taking into account the monthly premium on the day on which the retirement allowance mutual aid contract referred to in that paragraph took effect and other circumstances, the Organization is to aggregate the number of months specified by Cabinet Order into the number of months of paid premiums for the covered employee under that retirement allowance mutual aid contract, as provided by Order of the Ministry of Health, Labour and Welfare. In this case, the number of months to be so aggregated may not exceed the number of months of the period during which the person who has become a covered employee under that retirement allowance mutual aid contract was a covered employee under that contract concerning retirement allowance mutual aid.

③The amount of the retirement allowance when a covered employee under a retirement allowance mutual aid contract who has the remaining amount obtained by deducting the amount specified by Cabinet Order referred to in the preceding paragraph from the accepted amount retires is, notwithstanding the provisions of the proviso to Article 10, paragraph (1) and Article 10, paragraph (2), the amount specified in each of the following items according to the category of the number of months of paid premiums after aggregation under the preceding paragraph set out in that item.

④Where a retirement allowance mutual aid contract having the remaining amount referred to in the preceding paragraph is cancelled, the amount of the cancellation refund is, notwithstanding the provisions of Article 16, paragraph (3), the amount calculated in accordance with the provisions of the preceding paragraph.

⑤Where the Organization has accepted the accepted amount in accordance with an application under paragraph (1), the Organization is to notify the employer to that effect, and the employer must notify the person who has become a covered employee pertaining to that accepted amount to that effect.

⑥The provisions of paragraph (1) and the preceding paragraph apply mutatis mutandis where an employer that had concluded a contract concerning retirement allowance mutual aid with a discontinued body has continued to be a party, since before that discontinued body discontinued its retirement allowance mutual aid business, to a retirement allowance mutual aid contract naming as covered employees the employees pertaining to that contract concerning retirement allowance mutual aid. In this case, "has become a covered employee" in paragraph (1) and the preceding paragraph is deemed to be replaced with "is a covered employee", and other technical replacement of terms that is necessary is specified by Cabinet Order.

⑦Where a covered employee under a retirement allowance mutual aid contract for which the Organization has accepted the accepted amount in accordance with an application under paragraph (1) as applied mutatis mutandis with terms replaced pursuant to the preceding paragraph retires, the amount of the retirement allowance is, notwithstanding the proviso to Article 10, paragraph (1) and Article 10, paragraph (2), the amount obtained by adding, to the amount of the retirement allowance calculated pursuant to the proviso to Article 10, paragraph (1) and Article 10, paragraph (2) on the assumption that the acceptance under paragraph (1) had not taken place, the total of principal and interest obtained by calculating, for the period from the month following the month containing the day of that acceptance through the month containing the day of retirement of that covered employee, compound interest at the rate obtained by adding the rate determined by the Minister of Health, Labour and Welfare to the rate specified by Cabinet Order, on the accepted amount (where the retirement of that covered employee took place in the month containing the day of that acceptance, the accepted amount).

⑧Where a retirement allowance mutual aid contract for which the Organization has accepted the accepted amount in accordance with an application under paragraph (1) as applied mutatis mutandis with terms replaced pursuant to paragraph (6) is cancelled, the amount of the cancellation refund is, notwithstanding the provisions of Article 16, paragraph (3), the amount calculated in accordance with the provisions of the preceding paragraph.

⑨Where a covered employee to whom the provisions of Article 29, paragraph (1) or (2) or Article 30, paragraph (2) apply is a covered employee under the retirement allowance mutual aid contract pertaining to the accepted amount that the Organization has accepted in accordance with an application under paragraph (1) (including as applied mutatis mutandis with terms replaced pursuant to paragraph (6)), the amount of the retirement allowance is, notwithstanding the proviso to Article 10, paragraph (1) and Article 10, paragraph (2), Article 29, paragraphs (1) and (2), Article 30, paragraph (2), and paragraphs (3) and (7) of this Article, the amount obtained by adding the amount specified by Cabinet Order to the amount of the retirement allowance calculated pursuant to the provisions of Article 29, paragraph (1) or (2) or Article 30, paragraph (2), and other matters necessary for calculating the amount of retirement allowances, etc. are specified by Cabinet Order.