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".
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
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
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)
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.