Article 31-4Transfer, etc. of Amounts Equivalent to Cancellation Refunds to Asset Management and Investment Institutions, etc.
第三十一条の四(資産管理運用機関等への解約手当金に相当する額の移換等)
Where a mutual aid policyholder has carried out a merger, company split or other act specified by Order of the Ministry of Health, Labour and Welfare as an act under the provisions of the Companies Act (Act No. 86 of 2005) or other laws (hereinafter referred to in this paragraph as a "merger, etc."), and implements a defined-benefit corporate pension in which a covered employee whose retirement allowance mutual aid contract has been cancelled pursuant to the provisions of Article 8, paragraph (3), item (i) as a result of that merger, etc. is a participant, or a corporate-type pension plan in which that covered employee is a participant of a corporate-type pension plan, the Organization is to transfer to the asset management and investment institution, etc. or the asset management institution the amount equivalent to the cancellation refund pertaining to the covered employee whose consent has been obtained, on the basis of an application concerning the transfer of the amount equivalent to the cancellation refund to a defined-benefit corporate pension or corporate-type pension plan (limited to those specified by Order of the Ministry of Health, Labour and Welfare) that the mutual aid policyholder makes, with the consent of that covered employee, as provided by Order of the Ministry of Health, Labour and Welfare.
共済契約者が会社法(平成十七年法律第八十六号)その他の法律の規定による合併、会社分割その他の行為として厚生労働省令で定める行為(以下この項において「合併等」という。)をした場合であつて、当該合併等により退職金共済契約が第八条第三項第一号の規定に基づき解除された被共済者を加入者とする確定給付企業年金又は企業型年金加入者とする企業型年金を実施するときは、機構は、当該共済契約者が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行う確定給付企業年金又は企業型年金(厚生労働省令で定めるものに限る。)への解約手当金に相当する額の移換に関する申出に基づき、資産管理運用機関等又は資産管理機関に当該同意を得た被共済者に係る解約手当金に相当する額を移換するものとする。
Where an application under the preceding paragraph has been made, the Organization is not to pay a cancellation refund to that covered employee, notwithstanding the provisions of Article 16, paragraph (1).
Where any of the following events occurs with respect to a covered employee who is the subject of an application under paragraph (1), the Organization pays a cancellation refund to that covered employee, notwithstanding the provisions of the preceding paragraph.
Where the covered employee's retirement or death has occurred before the defined-benefit corporate pension or defined contribution pension pertaining to the application under paragraph (1) is implemented;
In addition to the case set out in the preceding item, where an event specified by Order of the Ministry of Health, Labour and Welfare has occurred.
前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
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)
merger, etc.machine translation
「合併等」
In Article 31-4, paragraph (1), a merger, company split or other act under the Companies Act or another Act (法律) that an Order of the Ministry of Health, Labour and Welfare (厚生労働省令) specifies, done by a mutual aid policyholder (共済契約者).
Short name set inArticle 31-4, paragraph (1)· applies only in this paragraph
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.