Supplementary Provisions, Article 13
第十三条
The provisions of Article 13, paragraph (3) of the New Act (limited to the part applying mutatis mutandis the provisions of Article 10, paragraph (2) of the New Act) and Article 21-4, paragraph (3), item (ii) of the New Act apply to the amount of the cancellation refund where a retirement allowance mutual aid contract that took effect on or after the Partial Effective Date is cancelled (excluding the case where the provisions of the following Article apply), and the amount of the cancellation refund where a retirement allowance mutual aid contract that took effect before the Partial Effective Date is cancelled is as provided in the following items.
The provisions then in force continue to govern the amount of the cancellation refund relating to a covered employee under a retirement allowance mutual aid contract cancelled before the Partial Effective Date;
With respect to the amount of the cancellation refund relating to a covered employee under a retirement allowance mutual aid contract cancelled on or after the Partial Effective Date, the provisions specified in (a) through (c) according to the category of covered employee set out in (a) through (c) apply mutatis mutandis. In this case, the phrase "converted number of months" in Article 7 of the Supplementary Provisions is deemed to be replaced with "converted number of months for the cancellation refund":
第八条被共済者 附則第八条の規定
第九条被共済者 附則第九条の規定
Of the cancellation refund paid to an Article 10 covered employee, the amount of a cancellation refund that would be less than the amount set out in (a) or (b) is, notwithstanding the preceding item, whichever is the greater of the amounts set out in (a) and (b):
The amount obtained when, on the assumption that the Article 10 covered employee retired on the day on which the 1990 Act contract was cancelled, the provisions of Article 10, item (i) of the Supplementary Provisions are applied;
The amount obtained when, on the assumption that the Article 10 covered employee retired on the day on which the 1990 Act contract was cancelled, the provisions of Article 10, item (ii) of the Supplementary Provisions are applied;
Of the cancellation refund paid to an Article 7 covered employee for whom, for a retirement allowance mutual aid contract that took effect before April 1, 1991 (hereinafter referred to as the "current contract" in this item), the number of months of paid premiums relating to a retirement allowance mutual aid contract that took effect before the current contract took effect (hereinafter referred to as the "previous contract" in this item) is aggregated pursuant to Article 14 of the Former Act, and for whom the number of months of paid premiums per bracket before the Partial Effective Date relating to the previous contract is 36 months or more or the number of months of paid premiums per bracket before the Partial Effective Date relating to the current contract is 43 months or more, the amount of a cancellation refund that would be less than the amount obtained by adding together, for each bracket of the monthly premium, the amounts calculated, as provided by Order of the Ministry of Labour, in accordance with the number of months obtained by adding, to the number of months of paid premiums per bracket obtained by aggregating, for the current contract, the number of months of paid premiums relating to the previous contract pursuant to Article 14 of the Former Act, the number of months specified in (a) or (b) below according to the category of the bracket of the monthly premium set out in (a) or (b) is, notwithstanding item (ii), that total amount:
平成三年四月一日前に効力を生じた退職金共済契約(以下この号において「現契約」という。)について現契約が効力を生じる前に効力を生じた退職金共済契約(以下この号において「前契約」という。)に係る掛金納付月数を旧法第十四条の規定により通算する第七条被共済者であって前契約に係る一部施行日前区分掛金納付月数が三十六月以上又は現契約に係る一部施行日前区分掛金納付月数が四十三月以上のものに支給される解約手当金のうち、その額が、掛金月額の区分ごとに、現契約について前契約に係る掛金納付月数を旧法第十四条の規定により通算して得られる区分掛金納付月数に、次のイ又はロに掲げる掛金月額の区分の区分に応じ、当該イ又はロに定める月数を加えた月数に応じ労働省令で定めるところにより算定して得られる額を合算して得た額を下回ることとなる解約手当金の額は、第二号の規定にかかわらず、当該合算して得た額とする。
A bracket of the monthly premium for the part not exceeding 1,200 yen: on the assumption that the number of months of paid premiums relating to the previous contract has not been aggregated, for the current contract, pursuant to Article 14 of the Former Act, the number of months obtained by adding the converted number of months corresponding to the number of months of paid premiums per bracket before the Partial Effective Date relating to the previous contract to the converted number of months for the cancellation refund corresponding to the number of months of paid premiums per bracket before the Partial Effective Date relating to the current contract;
A bracket of the monthly premium for the part exceeding 1,200 yen: the converted number of months for the cancellation refund corresponding to the number of months of paid premiums per bracket before the Partial Effective Date obtained by aggregating, for the current contract, the number of months of paid premiums relating to the previous contract pursuant to Article 14 of the Former 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
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. 63 of 1995.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
Partial Effective Datemachine translation
「一部施行日」
In the supplementary provisions (附則) of Act No. 63 of 1995, 1 April 1996, the date set in Article 1, item (ii) of those supplementary provisions on which the provisions it lists — among them the amendments to Article 21-4 and Appended Tables 2 to 4 — come into effect.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
bracket of the monthly premiummachine translation
「掛金月額の区分」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 63 of 1995, each of the successive 100-yen brackets into which a monthly premium (掛金月額) is divided.
Short name set inSupplementary Provisions, Article 4, paragraph (1), item (iii)
Article 7 covered employeemachine translation
「第七条被共済者」
In Articles 7, 10 and 13 of the supplementary provisions (附則) of Act No. 63 of 1995, 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 1 April 1996 for whom no past service premium (過去勤務掛金) has ever been paid; Article 7 sets their retirement allowance (退職金) if they leave on or after that date.
Short name set inSupplementary Provisions, Article 7, paragraph (1)· applies only in this article and in Supplementary Provisions, Articles 10 and 13
the Former Actmachine translation
「旧法」
This Act as it stood before Act No. 63 of 1995 amended it.
Short name set inSupplementary Provisions, Article 7, paragraph (1), item (iii), (b), (2)
Article 10 covered employeemachine translation
「第十条被共済者」
In Articles 10 and 13 of the supplementary provisions (附則) of Act No. 63 of 1995, an Article 7 covered employee (第七条被共済者) whose 1990 Act contract (二年法契約) has the months of paid premiums of a former Act contract (旧法契約) added to it under Article 14 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as it stood before Act No. 63 of 1995 amended it; their retirement allowance (退職金) if they leave on or after 1 April 1996 is no less than the larger of the two amounts Article 10 sets.
Short name set inSupplementary Provisions, Article 10, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 13
previous contractmachine translation
「前契約」
In Article 13, paragraph (1), item (iv) of the supplementary provisions (附則) of Act No. 63 of 1995 and of Act No. 46 of 1998, a retirement allowance mutual aid contract (退職金共済契約) that took effect before the current contract (現契約) did — the current contract being one that took effect before 1 April 1991 — and whose months of paid premiums are added to the current contract's.
Short name set inSupplementary Provisions, Article 13, paragraph (1), item (iv)· applies only in this item
current contractmachine translation
「現契約」
In Article 13, paragraph (1), item (iv) of the supplementary provisions (附則) of Act No. 63 of 1995 and of Act No. 46 of 1998, a retirement allowance mutual aid contract (退職金共済契約) that took effect before 1 April 1991; the item deals with one to which the months of paid premiums of a previous contract (前契約) are added.
Short name set inSupplementary Provisions, Article 13, paragraph (1), item (iv)· applies only in this item
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.