Supplementary Provisions, Article 14
第十四条
When a covered employee for whom, for a retirement allowance mutual aid contract that took effect on or after the Partial Effective Date, the number of months of paid premiums relating to a retirement allowance mutual aid contract that took effect before the Partial Effective Date is aggregated pursuant to Article 14 of the New Act retires, the amount of the retirement allowance, and, when the retirement allowance mutual aid contract relating to that covered employee is cancelled, the amount of the cancellation refund, are, notwithstanding Article 10, paragraph (2) of the New Act (including as applied mutatis mutandis pursuant to Article 13, paragraph (3) of the New Act), the amount specified in the following items according to the category of retirement allowance mutual aid contract that took effect before the Partial Effective Date set out in those items.
A 1990 Act contract for which the number of months of paid premiums relating to a former Act contract has been aggregated pursuant to Article 14 of the Former Act: the amount obtained when the provisions of Article 10 of the Supplementary Provisions are applied on the assumption that the retirement allowance mutual aid contract that took effect on or after the Partial Effective Date is a 1990 Act contract;
A retirement allowance mutual aid contract other than the retirement allowance mutual aid contract prescribed in the preceding item: the amount obtained when the provisions of Article 7 of the Supplementary Provisions are applied on the assumption that the retirement allowance mutual aid contract that took effect on or after the Partial Effective Date is a 1990 Act contract (where the retirement allowance mutual aid contract that took effect before the Partial Effective Date is a former Act contract, a former Act contract).
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)
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)
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.