Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条（施行期日）
This Act comes into effect on December 1, 1980; provided, however, that the provision amending the Act by adding one section and a section title after Article 21 (limited to the part relating to Chapter II, Section 4) and the provisions of Article 5 of the Supplementary Provisions come into effect on April 1, 1981.
この法律は、昭和五十五年十二月一日から施行する。ただし、第二十一条の次に一節及び節名を加える改正規定（第二章第四節に係る部分に限る。）及び附則第五条の規定は、昭和五十六年四月一日から施行する。
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 1,200 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 1,200 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 1,200 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 1,200 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 1,200 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 1,200 yen at the time of expiry of the period prescribed in the main clause of paragraph (1) is deemed to have been increased to 1,200 yen at the time of expiry of that period.
The monthly premium for a certified contract whose monthly premium is less than 1,200 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 1,200 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, etc.
第三条（退職金等に関する経過措置）
The provisions of the items of Article 10, paragraph (2) of the New Act (including where they apply with replacement of terms pursuant to Article 21-4, paragraph (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.
Article 13, paragraph (4) of the New Act applies to the cancellation refund where a retirement allowance mutual aid contract is cancelled on or after the Effective Date, and the provisions then in force continue to govern the cancellation refund where a retirement allowance mutual aid contract was cancelled 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 that took effect before the Effective Date, who retires on or after the Effective Date (hereinafter referred to as a "continuing covered employee"), is, notwithstanding Article 10, paragraph (2) of the New Act, the total of the amounts calculated under each of the following items; 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 a monthly premium of 1,200 yen or less, the amount obtained by subtracting the total amount of the amounts calculated under (b) from the total amount of the amounts calculated under (a) (if the amount has a fraction of less than one yen, it is rounded up to one yen):
千二百円以下の掛金月額については、イにより計算して得た金額の合計額からロにより計算して得た金額の合計額を減じて得た金額（その金額に一円未満の端数があるときは、これを一円に切り上げるものとする。）
for each 100 yen of a monthly premium of 1,200 yen or less, one twelfth of the amount specified in the second 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 third 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 third column from one twelfth of the amount specified in the second 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 and 1,200 yen or less, with regard to a continuing covered employee whose 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 in this item) is 36 or more, five ninety-fifths (where the number of months for which premiums were paid is 120 or more, ten ninetieths) of the amount specified in the third column of Appended Table 1 of the New Act according to the number of months for which premiums were paid for the period before the Effective Date (where that number of months is less than 24, the amount specified in the fourth column of that table according to that number of months);
for each 100 yen of a monthly premium exceeding 1,200 yen, the amount specified, according to the number of months for which premiums were paid, in the third column of Appended Table 1 of the New Act (where the monthly premium has been changed and there is a monthly premium on or after the Effective Date that exceeds the maximum amount of the monthly premium before the Effective Date (excluding where the number of months of paid premiums prescribed in Article 10, paragraph (1) of the New Act is less than 24), for the excess amount, for each 100 yen, in the fourth column of that table according to the number of months for which premiums were paid).
With regard to the application of Article 13, paragraph (4) of the New Act to a covered employee under a retirement allowance mutual aid contract that took effect before the Effective Date, whose retirement allowance mutual aid contract is cancelled on or after the Effective Date, the phrase "when there is a monthly premium exceeding the monthly premium on the date the retirement allowance mutual aid contract took effect" in that paragraph is deemed to be replaced with "when there is a monthly premium on or after the Effective Date that exceeds the maximum amount of the monthly premium before the Effective Date".
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. 45 of 1980.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Effective Datemachine translation
「施行日」
The date Act No. 45 of 1980, 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. 45 of 1980, a retirement allowance mutual aid contract (退職金共済契約) whose monthly premium (掛金月額) was under 1,200 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 1,200 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)
continuing covered employeemachine translation
「継続被共済者」
In Article 4 of the supplementary provisions (附則) of Act No. 45 of 1980 and of Act No. 37 of 1986, a covered employee (被共済者) under a retirement allowance mutual aid contract (退職金共済契約) that took effect before the amending Act came into effect who leaves on or after that day; that Article sets how their retirement allowance (退職金) is worked out.
Short name set inSupplementary Provisions, Article 4, 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.