Article 31-3Transfer, etc. of Transferred Amounts from Asset Management and Investment Institutions, etc.
第三十一条の三（資産管理運用機関等からの移換額の移換等）
Where an employer (limited to one that has made an application under Article 82-5, paragraph (1) of the Defined-Benefit Corporate Pension Act or Article 54-6 of the Defined Contribution Pension Act) concludes a retirement allowance mutual aid contract naming as covered employees a person who was a participant (meaning a participant prescribed in Article 2, paragraph (4) of the Defined-Benefit Corporate Pension Act; the same applies in paragraph (6) and paragraph (1) of the following Article) or a person who was a participant of a corporate-type pension plan (meaning a participant of a corporate-type pension plan prescribed in Article 2, paragraph (8) of the Defined Contribution Pension Act; the same applies in paragraph (6) and paragraph (1) of the following Article), in either case employed by that employer, if a person set out in each of the following items 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, the assets specified in that item are 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 to the Organization as provided by Order of the Ministry of Health, Labour and Welfare, the Organization is to receive the transfer of those assets pertaining to the person who has become a covered employee under that retirement allowance mutual aid contract, as provided in the contract with the person set out in that item.
事業主（確定給付企業年金法第八十二条の五第一項又は確定拠出年金法第五十四条の六の規定による申出をしたものに限る。）が、その雇用する加入者（確定給付企業年金法第二条第四項に規定する加入者をいう。第六項及び次条第一項において同じ。）であつた者又は企業型年金加入者（確定拠出年金法第二条第八項に規定する企業型年金加入者をいう。第六項及び次条第一項において同じ。）であつた者を被共済者として退職金共済契約を締結する場合において、次の各号に掲げる者が、機構との間で、当該退職金共済契約の被共済者となつた者について当該各号に定める資産を機構に移換することその他厚生労働省令で定める事項を約する契約を締結しており、当該事業主が、機構に対して厚生労働省令で定めるところにより申出をしたときは、機構は、当該各号に掲げる者との契約で定めるところによつて、当該退職金共済契約の被共済者となつた者に係る当該資産の移換を受けるものとする。
An asset management and investment institution, etc.: the reserve fund prescribed in Article 59 of the Defined-Benefit Corporate Pension Act or the residual assets prescribed in Article 89, paragraph (6) of that Act;
資産管理運用機関等 確定給付企業年金法第五十九条に規定する積立金又は同法第八十九条第六項に規定する残余財産
An asset management institution: the assets managed per individual prescribed in Article 2, paragraph (12) of the Defined Contribution Pension Act.
資産管理機関 確定拠出年金法第二条第十二項に規定する個人別管理資産
Where the Organization has received the transfer of the assets specified in the items of the preceding paragraph, with respect to the portion of the amount of the assets so transferred (hereinafter referred to in this Article as the "transferred 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 participant period prescribed in Article 28, paragraph (1) of the Defined-Benefit Corporate Pension Act or the participant of a corporate-type pension plan period prescribed in Article 14, paragraph (1) of the Defined Contribution Pension Act of the person who has become a covered employee under that retirement allowance mutual aid contract, pertaining to that amount specified by Cabinet Order.
The 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 transferred 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.
11 months or less: the total of principal and interest obtained by calculating, for the period from the month following the month containing the day on which the transfer was received 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 that remaining amount (where the retirement of that covered employee took place in the month containing the day on which the transfer was received, that remaining amount; referred to as the "remaining amount after interest calculation" in the following item);
12 months or more: the amount obtained by adding the remaining amount after interest calculation to the amount calculated pursuant to the provisions of Article 10, paragraph (2).
Where 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.
Where the Organization has received the transfer of the transferred 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 transferred amount to that effect.
The provisions of paragraph (1) and the preceding paragraph apply mutatis mutandis where an employer that has implemented a defined-benefit corporate pension or a corporate-type pension plan has been a party, since before making the application under Article 82-5, paragraph (1) of the Defined-Benefit Corporate Pension Act or Article 54-6 of the Defined Contribution Pension Act, to a retirement allowance mutual aid contract naming as covered employees a person who was a participant or a person who was a participant of a corporate-type pension plan, in either case employed by that employer. 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.
Where a covered employee under a retirement allowance mutual aid contract for which the Organization has received the transfer of the transferred 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 transfer under paragraph (1) had not been received, the total of principal and interest obtained by calculating, for the period from the month following the month containing the day on which the transfer was received 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 transferred amount (where the retirement of that covered employee took place in the month containing the day on which the transfer was received, the transferred amount).
Where a retirement allowance mutual aid contract for which the Organization has received the transfer of the transferred 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.
Where a covered employee to whom the provisions of Article 29, paragraph (1) or (2), Article 30, paragraph (2), or paragraph (3) or (7) of the preceding Article apply is a covered employee under the retirement allowance mutual aid contract pertaining to the transferred amount that the Organization has received the transfer of 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), paragraphs (3) and (7) of the preceding Article, 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), Article 30, paragraph (2), or paragraph (3) or (7) of the preceding Article, and other matters necessary for calculating the amount of retirement allowances, etc. are specified by Cabinet Order.
第二十九条第一項若しくは第二項、第三十条第二項又は前条第三項若しくは第七項の規定の適用を受ける被共済者が、第一項（第六項の規定により読み替えて準用する場合を含む。）の規定による申出に従い機構が移換を受けた移換額に係る退職金共済契約の被共済者である場合における退職金の額は、第十条第一項ただし書及び第二項、第二十九条第一項及び第二項、第三十条第二項、前条第三項及び第七項並びに第三項及び第七項の規定にかかわらず、第二十九条第一項若しくは第二項、第三十条第二項又は前条第三項若しくは第七項の規定により算定される退職金の額に政令で定める額を加算した額とするほか、退職金等の額の算定に関し必要な事項は、政令で定める。
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
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
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
retirement allowance, etc.machine translation
「退職金等」
A retirement allowance (退職金) or a cancellation refund (解約手当金).
Short name set inArticle 8, paragraph (2), item (iii)
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)
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
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
participant of a corporate-type pension planmachine translation
「企業型年金加入者」
In Article 31-3, paragraphs (1) and (6) and Article 31-4, paragraph (1), a participant in a corporate-type pension plan (企業型年金) as Article 2, paragraph (8) of the Defined Contribution Pension Act defines it: a person for whom the employer running the plan pays contributions and who gives instructions on how their individual assets in it are invested.
Defined inArticle 31-3, paragraph (1)· applies only in this provision and in Article 31-3, paragraph (6); and Article 31-4, paragraph (1)
participantmachine translation
「加入者」
In Article 31-3, paragraphs (1) and (6) and Article 31-4, paragraph (1), a participant in a defined-benefit corporate pension plan (確定給付企業年金), as Article 2, paragraph (4) of the Defined-Benefit Corporate Pension Act names it.
Defined inArticle 31-3, paragraph (1)· applies only in this provision and in Article 31-3, paragraph (6); and Article 31-4, paragraph (1)
transferred amountmachine translation
「移換額」
In Article 31-3, the amount of the assets — the reserves or residual assets of a defined-benefit corporate pension (確定給付企業年金), or the individually managed assets of a corporate-type pension plan (企業型年金) — that the Organization (機構) receives by transfer for a covered employee (被共済者) who was a participant in such a plan.
Short name set inArticle 31-3, paragraph (2)· applies only in this article
remaining amount after interest calculationmachine translation
「計算後残余額」
In Article 31-3, paragraph (3), what is left of a transferred amount (移換額) from a corporate pension plan after the deduction a Cabinet Order (政令) sets, with compound interest — at a Cabinet Order rate plus a rate the Minister of Health, Labour and Welfare (厚生労働大臣) sets — from the month after the transfer to the month the covered employee (被共済者) left, or that remainder itself if they left in the month of the transfer; it is the retirement allowance (退職金) where there are 11 or fewer months of paid premiums, and is added to the usual amount where there are 12 or more.
Short name set inArticle 31-3, paragraph (3), item (i)· applies only in this provision and in Article 31-3, paragraph (3), item (ii)
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.