Section 4 Special Provisions on the Aggregation of Past Service Periods
第四節 過去勤務期間の通算に関する特例
Article 27Application for Aggregation of Past Service Periods, etc.
第二十七条(過去勤務期間の通算の申出等)
A person who intends to apply for a retirement allowance mutual aid contract (excluding a person who currently has concluded a retirement allowance mutual aid contract for the employees that person employs) may, when making the application, file a request to have the number of months of the past service period (if that number of months exceeds 120 months, 120 months) of an employee who is to become a covered employee (excluding a covered employee under a retirement allowance mutual aid contract that is the subject of a request under Article 31-2, paragraph (1) or Article 31-3, paragraph (1)) aggregated with the number of months of paid premiums under that retirement allowance mutual aid contract (the "past service period" being the period obtained by excluding, from the period of continuous employment from the day on which the employee was hired by the person intending to make that application to the day preceding the day on which the retirement allowance mutual aid contract takes effect, the period specified by Order of the Ministry of Health, Labour and Welfare out of the period during which the employee was a person listed in the items of Article 3, paragraph (3) (where the period so obtained has a fraction of less than one year, the fraction is to be discarded); the same applies hereinafter).
退職金共済契約の申込みを行おうとする者(その者の雇用する従業員について現に退職金共済契約を締結しているものを除く。)は、その申込みを行う際に、被共済者となるべき従業員(第三十一条の二第一項又は第三十一条の三第一項の規定による申出に係る退職金共済契約の被共済者を除く。)の過去勤務期間(当該申込みを行おうとする者に雇い入れられた日から退職金共済契約の効力が生ずる日の前日までの継続して雇用された期間から第三条第三項各号に掲げる者であつた期間のうち厚生労働省令で定める期間を除いた期間(その期間に一年未満の端数があるときは、これを切り捨てるものとする。)をいう。以下同じ。)の月数(その月数が百二十月を超えるときは、百二十月)を当該退職金共済契約に係る掛金納付月数に通算することを希望する旨の申出をすることができる。
A request under the provisions of the preceding paragraph must be made for all persons who are to become covered employees under a retirement allowance mutual aid contract at the same time as the application for the retirement allowance mutual aid contract is made (excluding a covered employee under a retirement allowance mutual aid contract that is the subject of a request under Article 31-2, paragraph (1) or Article 31-3, paragraph (1)).
前項の規定による申出は、退職金共済契約の申込みが行われることにより同時に退職金共済契約の被共済者となるべき全ての者(第三十一条の二第一項又は第三十一条の三第一項の規定による申出に係る退職金共済契約の被共済者を除く。)についてしなければならない。
A request under the provisions of paragraph (1) must be made by specifying the monthly premium for the past service period that forms the basis for calculating the amount of the retirement allowance under Article 29, paragraph (1), item (i) (hereinafter referred to as the "past service monthly amount").
第一項の規定による申出は、第二十九条第一項第一号の規定による退職金の額の算定の基礎となる過去勤務期間に係る掛金月額(以下「過去勤務通算月額」という。)を定めて、しなければならない。
The past service monthly amount must be specified, in consideration of the trend of monthly premiums and other factors, from among the amounts specified by Order of the Ministry of Health, Labour and Welfare in accordance with the categories prescribed in Article 4, paragraph (3) (which are to be amounts of 5,000 yen (or, for a short-time covered employee, 2,000 yen) or more), within a range not exceeding the monthly premium on the day on which the retirement allowance mutual aid contract for that covered employee takes effect.
The past service monthly amount specified under the provisions of paragraph (3) may not be changed after the Organization has accepted the application for the retirement allowance mutual aid contract for that covered employee.
Article 28Payment of Past Service Premiums
第二十八条(過去勤務掛金の納付)
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。
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.
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
short-time covered employeemachine translation
「短時間労働被共済者」
In Article 4, paragraph (2) and Article 27, paragraph (4), a covered employee (被共済者) whose prescribed weekly working hours, on the day the retirement allowance mutual aid contract (退職金共済契約) is applied for, are shorter than those of the employer's ordinary employees and fewer than the number of hours the Minister of Health, Labour and Welfare (厚生労働大臣) sets; their monthly premium (掛金月額) may be as low as 2,000 yen instead of 5,000 yen.
Short name set inArticle 4, paragraph (2)· applies only in this provision and in Article 27, paragraph (4)
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.