Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Act comes into effect on April 1, 1991; provided, however, that the provisions amending Article 4, paragraph (2) and Article 21-2, paragraph (4) (limited to the part replacing "3,000 yen" with "4,000 yen") and the provisions of paragraphs (1) through (4) of the following Article come into effect on December 1 of the same year.
この法律は、平成三年四月一日から施行する。ただし、第四条第二項及び第二十一条の二第四項の改正規定(「三千円」を「四千円」に改める部分に限る。)並びに次条第一項から第四項までの規定は、同年十二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 respect to a retirement allowance mutual aid contract whose monthly premium is 3,000 yen at the time the provisions amending Article 4, paragraph (2) (limited to the part replacing "3,000 yen" with "4,000 yen") come into effect (excluding a retirement allowance mutual aid contract concluded on or after the date on which this Act comes into effect (hereinafter referred to as the "Effective Date") that relates to a covered employee who falls under a short-time covered employee prescribed in Article 4, paragraph (2) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as amended (hereinafter referred to as the "New Act"); hereinafter referred to as a "paragraph (1) contract"), notwithstanding Article 4, paragraph (2) of the New Act, the monthly premium may be 3,000 yen until the day on which two years have elapsed counting from December 1, 1991; provided, however, that this does not apply on or after the day on which the monthly premium is increased to an amount of 4,000 yen or more pursuant to Article 9 of the New Act.
With respect to a paragraph (1) contract for which the Minister of Labour certifies that it is extremely difficult to increase the monthly premium to 4,000 yen or more after the expiry of the period prescribed in the main clause of the preceding paragraph (hereinafter referred to as a "paragraph (2) certified contract"), notwithstanding Article 4, paragraph (2) of the New Act, the monthly premium may be 3,000 yen even after the expiry of that period, until the date specified by Order of the Ministry of Labour. In this case, the proviso to the preceding paragraph applies mutatis mutandis.
With respect to a paragraph (1) contract whose monthly premium is 3,000 yen at the expiry of the period prescribed in the main clause of paragraph (1) (excluding a paragraph (2) certified contract), the monthly premium is deemed to have been increased to 4,000 yen at the time of the expiry of that period.
With respect to a paragraph (2) certified contract whose monthly premium is 3,000 yen at the expiry of the period up to the date specified by Order of the Ministry of Labour prescribed in paragraph (2), the monthly premium is deemed to have been increased to 4,000 yen at the time of the expiry of that period.
With respect to the application of Article 4, paragraphs (2) and (3) of the New Act to a retirement allowance mutual aid contract whose monthly premium is less than 3,000 yen at the time this Act comes into effect, during the period from the Effective Date through November 30, 1991, the phrase "3,000 yen (2,000 yen in the case of a covered employee who, on the date of application for the retirement allowance mutual aid contract, falls under a person whose prescribed weekly working hours are shorter than the prescribed weekly working hours of the ordinary employees employed by that mutual aid policyholder and are less than the number of hours specified by the Minister of Labour (referred to as a "short-time covered employee" in Article 21-2, paragraph (4)))" in paragraph (2) of that Article is deemed to be replaced with "1,200 yen", and the phrase "2,000 yen" in paragraph (3) of that Article is deemed to be replaced with "1,200 yen and less than 2,000 yen, the amount obtained by multiplying 200 yen by an integer; where it is more than 2,000 yen and less than 3,000 yen, the amount obtained by multiplying 500 yen by an integer; where it is more than 3,000 yen".
この法律の施行の際現に掛金月額が三千円未満である退職金共済契約に関する新法第四条第二項及び第三項の規定の適用については、施行日から平成三年十一月三十日までの間は、同条第二項中「三千円(退職金共済契約の申込みの日において、一週間の所定労働時間が、当該共済契約者に雇用される通常の従業員の一週間の所定労働時間に比し短く、かつ、労働大臣の定める時間数未満である者に該当する被共済者(第二十一条の二第四項において「短時間労働被共済者」という。)にあつては、二千円)」とあるのは「千二百円」と、同条第三項中「二千円を」とあるのは「千二百円を超え二千円未満であるときは二百円に整数を乗じて得た額、二千円を超え三千円未満であるときは五百円に整数を乗じて得た額、三千円を」とする。
With respect to an application by a mutual aid policyholder for a decrease in the monthly premium relating to a retirement allowance mutual aid contract prescribed in the preceding paragraph, the Small and Medium Enterprise Retirement Allowance Mutual Aid Corporation must not approve it during the period prescribed in the preceding paragraph, notwithstanding Article 9, paragraph (2) of the New Act, even in the cases set out in the items of Article 8, paragraph (3) of the New Act; provided, however, that this does not apply to an application for a decrease in the monthly premium to an amount of 3,000 yen or more after the monthly premium has been increased to an amount exceeding 3,000 yen pursuant to Article 9 of the New Act.
The provisions of the preceding two paragraphs apply mutatis mutandis to the monthly premium after the expiry of the period prescribed in paragraph (5), with respect to a retirement allowance mutual aid contract prescribed in paragraph (5) for which the Minister of Labour certifies that it is extremely difficult to increase the monthly premium to 3,000 yen or more after the expiry of that period (hereinafter referred to as a "paragraph (7) certified contract"). In this case, the phrase "from the Effective Date through November 30, 1991" in paragraph (5) is deemed to be replaced with "until the date specified by Order of the Ministry of Labour", the phrase "3,000 yen (" in that paragraph with "4,000 yen (", and, in the preceding paragraph, the phrase "during the period" with "until the date specified by Order of the Ministry of Labour" and the phrase "3,000 yen" with "4,000 yen".
With respect to a retirement allowance mutual aid contract prescribed in paragraph (5) whose monthly premium is less than 3,000 yen at the expiry of the period prescribed in that paragraph (excluding a paragraph (7) certified contract), the monthly premium is deemed to have been increased to 3,000 yen at the time of the expiry of that period.
With respect to a paragraph (7) certified contract whose monthly premium is less than 3,000 yen at the expiry of the period up to the date specified by Order of the Ministry of Labour prescribed in paragraph (5) as applied mutatis mutandis pursuant to paragraph (7), the monthly premium is deemed to have been increased to 3,000 yen at the time of the expiry of that period.
With respect to a paragraph (7) certified contract whose monthly premium is 3,000 yen at the expiry of the period prescribed in the preceding paragraph and a retirement allowance mutual aid contract prescribed in that paragraph, notwithstanding Article 4, paragraph (2) of the New Act, the monthly premium may be 3,000 yen for two years after the expiry of that period. In this case, the proviso to paragraph (1) applies mutatis mutandis.
The provisions of paragraph (2) apply mutatis mutandis to a retirement allowance mutual aid contract prescribed in the preceding paragraph for which the Minister of Labour certifies that it is extremely difficult to increase the monthly premium to 4,000 yen or more after the expiry of the two-year period prescribed in that paragraph (hereinafter referred to as a "paragraph (11) certified contract").
With respect to a retirement allowance mutual aid contract prescribed in paragraph (10) (excluding a paragraph (11) certified contract) whose monthly premium is 3,000 yen at the expiry of the two-year period prescribed in paragraph (10), the monthly premium is deemed to have been increased to 4,000 yen at the time of the expiry of that period.
With respect to a paragraph (11) certified contract whose monthly premium is 3,000 yen at the expiry of the period up to the date specified by Order of the Ministry of Labour prescribed in paragraph (2) as applied mutatis mutandis pursuant to paragraph (11), the monthly premium is deemed to have been increased to 4,000 yen at the time of the expiry of that period.
With respect to a retirement allowance mutual aid contract whose monthly premium is 3,500 yen or 4,500 yen at the time this Act comes into effect, notwithstanding Article 4, paragraph (3) of the New Act, the monthly premium may be that 3,500 yen or 4,500 yen during the period prescribed in paragraph (5); provided, however, that this does not apply on or after the day on which the monthly premium is changed to an amount other than that 3,500 yen or 4,500 yen pursuant to Article 9 of the New Act.
The provisions of the preceding paragraph apply mutatis mutandis to the monthly premium after the expiry of the period prescribed in paragraph (5), with respect to a retirement allowance mutual aid contract prescribed in the preceding paragraph for which the Minister of Labour certifies that it is extremely difficult to increase the monthly premium to an amount exceeding that 3,500 yen or 4,500 yen after the expiry of that period and that the mutual aid policyholder wishes to keep the monthly premium at that 3,500 yen or 4,500 yen even after the expiry of that period (hereinafter referred to as a "paragraph (15) certified contract"). In this case, the phrase "Article 4, paragraph (3)" in the preceding paragraph is deemed to be replaced with "Article 4, paragraphs (2) and (3)", and the phrase "during the period prescribed in paragraph (5)" with "until the date specified by Order of the Ministry of Labour".
With respect to a retirement allowance mutual aid contract prescribed in paragraph (14) whose monthly premium is 3,500 yen or 4,500 yen at the expiry of the period prescribed in paragraph (5) (excluding a paragraph (15) certified contract), the monthly premium is deemed to have been increased to 4,000 yen or 5,000 yen, respectively, at the time of the expiry of that period.
With respect to a paragraph (15) certified contract whose monthly premium is 3,500 yen or 4,500 yen at the expiry of the period up to the date specified by Order of the Ministry of Labour prescribed in paragraph (14) as applied mutatis mutandis pursuant to paragraph (15), the monthly premium is deemed to have been increased to 4,000 yen or 5,000 yen, respectively, at the time of the expiry of that period.
Matters necessary for the certification under paragraphs (2), (7), (11) and (15) are specified by Order of the Ministry of Labour.
With respect 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 phrase "Order of the Ministry of Labour" in paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (11)), paragraph (5) as applied mutatis mutandis pursuant to paragraph (7), paragraph (14) as applied mutatis mutandis pursuant to paragraph (15), and the preceding paragraph is deemed to be replaced with "Order of the Ministry of Transport", and the phrase "Minister of Labour" in paragraphs (2), (7), (11) and (15) with "Minister of Transport".
Supplementary Provisions, Article 3Transitional Measures concerning Past Service Premiums
第三条(過去勤務掛金に関する経過措置)
The provisions of Article 21-3, paragraph (1) of the New Act apply to past service premiums relating to covered employees under retirement allowance mutual aid contracts that took effect on or after the Effective Date, and the provisions then in force continue to govern past service premiums relating to covered employees under retirement allowance mutual aid contracts that took effect before the Effective Date.
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)
the New Actmachine translation
「新法」
This Act as amended by Act No. 39 of 1990.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Effective Datemachine translation
「施行日」
The date Act No. 39 of 1990, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
paragraph (1) contractmachine translation
「第一項契約」
In Article 2 of the supplementary provisions (附則) of Act No. 39 of 1990, a retirement allowance mutual aid contract (退職金共済契約) whose monthly premium (掛金月額) was 3,000 yen when the amendment of Article 4, paragraph (2) replacing 3,000 yen with 4,000 yen came into effect on 1 December 1991, other than one concluded on or after 1 April 1991 for a short-time covered employee (短時間労働被共済者); it may keep the 3,000-yen premium for two years from 1 December 1991.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
paragraph (2) certified contractmachine translation
「第二項認定契約」
In Article 2 of the supplementary provisions (附則) of Act No. 39 of 1990, a paragraph (1) contract (第一項契約) that the Minister of Labour (労働大臣) has certified would find it extremely hard to raise its monthly premium (掛金月額) to 4,000 yen or more after the two years from 1 December 1991; it may keep the 3,000-yen 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)
paragraph (7) certified contractmachine translation
「第七項認定契約」
In Article 2 of the supplementary provisions (附則) of Act No. 39 of 1990, a retirement allowance mutual aid contract (退職金共済契約) whose monthly premium (掛金月額) was under 3,000 yen when that Act came into effect on 1 April 1991 and which the Minister of Labour (労働大臣) has certified would find it extremely hard to raise the premium to 3,000 yen or more after 30 November 1991; the lower premium rules of paragraphs (5) and (6) go on applying to it until a day an Order of the Ministry of Labour (労働省令) sets.
Short name set inSupplementary Provisions, Article 2, paragraph (7)
paragraph (11) certified contractmachine translation
「第十一項認定契約」
In Article 2 of the supplementary provisions (附則) of Act No. 39 of 1990, a contract that paragraph (10) lets keep a 3,000-yen monthly premium (掛金月額) for two years and that the Minister of Labour (労働大臣) has certified would find it extremely hard to raise the premium to 4,000 yen or more after those two years; paragraph (2) applies to it, so it may keep the 3,000-yen premium until a day an Order of the Ministry of Labour (労働省令) sets.
Short name set inSupplementary Provisions, Article 2, paragraph (11)
paragraph (15) certified contractmachine translation
「第十五項認定契約」
In Article 2 of the supplementary provisions (附則) of Act No. 39 of 1990, a retirement allowance mutual aid contract (退職金共済契約) whose monthly premium (掛金月額) was 3,500 or 4,500 yen when that Act came into effect, which the Minister of Labour (労働大臣) has certified would find it extremely hard to raise the premium above that amount after 30 November 1991 and whose mutual aid policyholder (共済契約者) wishes to keep it; it may keep that premium until a day an Order of the Ministry of Labour (労働省令) sets.
Short name set inSupplementary Provisions, Article 2, paragraph (15)