Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Act comes into effect on December 1, 1975; provided, however, that the provision amending Article 83, paragraph (1) comes into effect on the date of promulgation.
この法律は、昭和五十年十二月一日から施行する。ただし、第八十三条第一項の改正規定は、公布の日から施行する。
Supplementary Provisions, Article 2Transitional Measures Concerning Monthly Premiums
第二条(掛金月額に関する経過措置)
With regard to a retirement allowance mutual aid contract whose monthly premium is less than 800 yen at the time of the enforcement of this Act, notwithstanding Article 4, paragraph (2) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as amended (hereinafter referred to as the "New Act"), the monthly premium may be kept at that amount of less than 800 yen for one year from the day of the enforcement of this Act (hereinafter referred to as the "Effective Date"); provided, however, that this does not apply on or after the day on which the monthly premium is increased to an amount of 800 yen or more pursuant to Article 9 of the New Act.
With regard to those among the retirement allowance mutual aid contracts under the preceding paragraph for which the Minister of Labour has certified that it is extremely difficult to increase the monthly premium to 800 yen or more after the lapse of the period prescribed in the main clause of that paragraph (hereinafter referred to as "certified contracts"), notwithstanding Article 4, paragraph (2) of the New Act, the monthly premium may be kept at the amount of less than 800 yen referred to in the preceding paragraph even after the lapse of that period, until the date specified by Order of the Ministry of Labour. In this case, the proviso to that paragraph applies mutatis mutandis.
Matters necessary for the certification under the preceding paragraph are specified by Order of the Ministry of Labour.
前項の規定による認定に関し必要な事項は、労働省令で定める。
The monthly premium for a retirement allowance mutual aid contract (excluding certified contracts) whose monthly premium is less than 800 yen at the time of expiry of the period prescribed in the main clause of paragraph (1) is deemed to have been increased to 800 yen at the time of expiry of that period.
The monthly premium for a certified contract whose monthly premium is less than 800 yen at the time of expiry of the period up to the date specified by Order of the Ministry of Labour prescribed in paragraph (2) is deemed to have been increased to 800 yen at the time of expiry of that period.
With regard to a retirement allowance mutual aid contract relating to a covered employee who is a mariner to whom the Mariners Act (Act No. 100 of 1947) applies, the term "Minister of Labour" in paragraph (2) is deemed to be replaced with "Minister of Transport", and the term "Order of the Ministry of Labour" in paragraph (3) is deemed to be replaced with "Order of the Ministry of Transport".
Supplementary Provisions, Article 3Transitional Measures Concerning Retirement Allowances
第三条(退職金に関する経過措置)
The provisions of the items of Article 10, paragraph (2) and Appended Table 1 of the New Act apply to retirement allowances for persons who retire on or after the Effective Date, and the provisions then in force continue to govern retirement allowances for persons who retired before the Effective Date.
Supplementary Provisions, Article 4
第四条
The amount of the retirement allowance for a covered employee under a retirement allowance mutual aid contract under which premiums have at any time been paid at a monthly premium of less than 800 yen, who retires on or after the Effective Date, is, notwithstanding Article 10, paragraph (2) of the New Act, the total of the amounts calculated under each of the following items (if the amount has a fraction of less than one yen, it is rounded up to one yen); provided, however, that where the retirement is due to death and that total is less than the total amount of premiums paid, the amount of the retirement allowance is the amount equivalent to the total amount of premiums paid.
for each 100 yen of a monthly premium of 800 yen or less, one eighth of the amount specified in the middle column of Appended Table 1 of the New Act according to the number of months for which premiums were paid (where, among the number of months for which premiums were paid, there are months relating to a period during which the mutual aid policyholder was an employer other than a small and medium-sized enterprise, the amount obtained by adding, to the amount specified in the right-hand column of that table according to the number of months for which premiums were paid, the amount obtained by subtracting the amount specified in the right-hand column from one eighth of the amount specified in the middle column of that table according to the number of months for which premiums were paid relating to the period during which the mutual aid policyholder was a small and medium-sized enterprise);
for each 100 yen of a monthly premium exceeding 800 yen, the amount specified in the right-hand column of that table according to the number of months for which premiums were paid.
八百円を超える掛金月額について、その百円ごとに、掛金の納付があつた月数に応じ同表の下欄に定める金額
Supplementary Provisions, Article 5Transitional Measures Concerning Retirement Allowances, etc. for Special-Case Covered Employees
第五条(特例被共済者に係る退職金等に関する経過措置)
The amount of the retirement allowance when a special-case covered employee retires is, notwithstanding Article 10, paragraph (2) of the New Act (for a person falling under the provisions of the preceding Article, that Article; the same applies hereinafter), the total of the amounts calculated under each of the following items; provided, however, that this does not apply where that total does not reach the amount calculated under Article 10, paragraph (2) of the New Act. Here, a "special-case covered employee" (hereinafter referred to as a "special-case covered employee") means a covered employee under a retirement allowance mutual aid contract whose monthly premium was increased pursuant to Article 9 of the New Act during the period from the Effective Date to December 1, 1976 (hereinafter referred to as the "interim period") (including a retirement allowance mutual aid contract whose monthly premium is deemed to have been increased to 800 yen at the time of expiry of the period prescribed in the main clause of Article 2, paragraph (1) pursuant to Article 2, paragraph (4) of the Supplementary Provisions), whose number of months for which premiums were paid is 24 or more, and whose number of months for which premiums were paid at the monthly premium after that increase is less than 24.
施行日から昭和五十一年十二月一日までの期間(以下「暫定期間」という。)内に新法第九条の規定により掛金月額が増加された退職金共済契約(附則第二条第四項の規定により同条第一項本文に規定する期間の満了の時に掛金月額が八百円に増加されたものとみなされた退職金共済契約を含む。)の被共済者であつて、当該被共済者に係る掛金の納付があつた月数が二十四月以上であり、かつ、当該増加後の掛金月額による掛金の納付があつた月数が二十四月未満であるもの(以下「特例被共済者」という。)が退職したときにおける退職金の額は、新法第十条第二項(前条の規定に該当する者にあつては、同条。以下同じ。)の規定にかかわらず、次の各号により計算して得た額の合算額とする。ただし、当該合算額が新法第十条第二項の規定により計算して得た額に達しない場合は、この限りでない。
the amount calculated under Article 10, paragraph (2) of the New Act, with respect to the monthly premium on the assumption that there had been no increase in the monthly premium of the special-case covered employee during the interim period;
for each 100 yen of the amount of increase in the monthly premium during the interim period, the amount obtained by multiplying 100 yen by the number of months for which premiums were paid on that amount of increase.
暫定期間内における掛金月額の増加額について、その百円ごとに、百円にその増加額に係る掛金の納付があつた月数を乗じて得た額
The provisions of the preceding paragraph apply mutatis mutandis to the amount of the cancellation refund paid to a special-case covered employee in connection with the cancellation of the retirement allowance mutual aid contract referred to in that paragraph. In this case, the phrases "Article 10, paragraph (2) of the New Act (for a person falling under the provisions of the preceding Article, that Article; the same applies hereinafter)" and "Article 10, paragraph (2) of the New Act" in that paragraph are deemed to be replaced with "Article 13, paragraph (4) of the New Act".
Supplementary Provisions, Article 6Transitional Measures Concerning Aggregation of the Number of Months of Paid Premiums, etc.
第六条(掛金納付月数の通算等に関する経過措置)
Articles 14 and 94, paragraph (1) of the New Act apply where the retirement of a covered employee took place on or after December 1, 1974 and the person again became a covered employee on or after the Effective Date, and the provisions then in force continue to govern where the retirement of a covered employee took place before the first day of that month, or where the retirement of a covered employee took place on or after that day and the person again became a covered employee before the Effective Date.
Supplementary Provisions, Article 7Transitional Measures Concerning Payment of Retirement Allowances for the Specified Industry
第七条(特定業種に係る退職金の支給に関する経過措置)
The proviso to Article 82, paragraph (1) of the New Act applies to the payment of retirement allowances to persons for whom the cause for payment arises on or after the Effective Date, and the provisions then in force continue to govern the payment of retirement allowances to persons for whom the cause for payment arose before the Effective Date.
新法第八十二条第一項ただし書の規定は、施行日以後に支給事由が生じた者に係る退職金の支給について適用し、施行日前に支給事由が生じた者に係る退職金の支給については、なお従前の例による。
Supplementary Provisions, Article 8Transitional Measures Concerning the State Subsidy
第八条(国の補助に関する経過措置)
With regard to the application of Article 95, item (i) of the New Act to a person who retired before the Effective Date, the phrase "Appended Table 1" in that item is deemed to be replaced with "Appended Table 1 prior to the amendment by the Act Partially Amending the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act (Act No. 40 of 1975)".
With regard to the application of Article 95, item (i) of the New Act to a person prescribed in Article 4 of the Supplementary Provisions, the phrase "limited to those relating to; the same applies hereinafter in this item" in that item is deemed to be replaced with "limited to those relating to", the phrase "the amount specified in the middle column of Appended Table 1 according to the number of months of paid premiums" is deemed to be replaced with "for each 100 yen of a monthly premium of 800 yen or less, with respect to those for which the number of months for which premiums were paid (limited to those relating to a period during which the mutual aid policyholder was a small and medium-sized enterprise; the same applies hereinafter) is 36 or more, one eighth of the amount specified in the middle column of Appended Table 1 according to the number of months for which premiums were paid", and the phrase "the number of months of paid premiums is" is deemed to be replaced with "the number of months for which premiums were paid is".
small and medium-sized enterprisemachine translation
「中小企業者」
An employer (事業主) — other than the State, a local government or a similar body an Order of the Ministry of Health, Labour and Welfare (厚生労働省令) names — that regularly employs no more than 300 employees, or is a corporation with stated capital or total contributions of no more than 300 million yen; where its main business is wholesale, the limits are 100 employees or 100 million yen, in services 100 employees or 50 million yen, and in retail 50 employees or 50 million yen.
Defined inArticle 2, paragraph (1)· applies throughout the law
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
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
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)
the New Actmachine translation
「新法」
This Act as amended by Act No. 40 of 1975.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Effective Datemachine translation
「施行日」
The date Act No. 40 of 1975, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
certified contractmachine translation
「認定契約」
In Article 2 of the supplementary provisions (附則) of Act No. 40 of 1975, a retirement allowance mutual aid contract (退職金共済契約) whose monthly premium (掛金月額) was under 800 yen when that Act came into effect and which the Minister of Labour (労働大臣) has certified would find it extremely hard to raise the premium to 800 yen or more after the first year; it may keep the lower premium until a day an Order of the Ministry of Labour (労働省令) sets.
Short name set inSupplementary Provisions, Article 2, paragraph (2)
interim periodmachine translation
「暫定期間」
In the supplementary provisions (附則) of Act No. 40 of 1975, the period from 1 December 1975, when that Act came into effect, to 1 December 1976.
Short name set inSupplementary Provisions, Article 5, paragraph (1)
special-case covered employeemachine translation
「特例被共済者」
In the supplementary provisions (附則) of Act No. 40 of 1975, a covered employee (被共済者) whose monthly premium (掛金月額) was raised during the interim period (暫定期間) and who has at least 24 months of paid premiums in all but fewer than 24 at the raised premium; when they leave, their retirement allowance (退職金) is worked out separately for the premium before the rise and for the increase, unless that gives less than the usual rule.
Short name set inSupplementary Provisions, Article 5, paragraph (1)
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.