Supplementary Provisions, Article 8
第八条
The amount of a retirement allowance in the case where a covered employee, among covered employees under retirement allowance mutual aid contracts that took effect before the Partial Effective Date, for whom a past service premium has been paid (excluding a covered employee falling under the provisions of the following Article; hereinafter referred to as an "Article 8 covered employee" in the preceding Article as applied with terms replaced pursuant to this Article and in Article 13 of the Supplementary Provisions) retires on or after the Partial Effective Date is the greater of the following amounts.
The amount obtained when, on the assumption that the retirement allowance mutual aid contract took effect on the day corresponding to the day on which it actually took effect, in the year going back by the number of years of the past service period from the year containing that day, and that the premiums for each month from the month containing that corresponding day through the month preceding the month containing the day on which the retirement allowance mutual aid contract actually took effect were paid at a monthly premium in an amount equivalent to the past service monthly amount, the provisions of the preceding Article (excluding item (i)) are applied with the phrase "Article 7 covered employee" in the preceding Article deemed to be replaced with "Article 8 covered employee";
The amount obtained by adding the total amount of past service premiums paid (where the number of months for which past service premiums were paid is 48 months or 60 months, the amount obtained by multiplying the amount of the past service premium by 49.6 or 68, respectively) to the amount obtained when, on the assumption that no past service premium has been paid, the provisions of the preceding Article are applied with the phrase "Article 7 covered employee" in the preceding Article deemed to be replaced with "Article 8 covered employee".
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
past service periodmachine translation
「過去勤務期間」
The period an employee has been continuously employed by the employer from being hired up to the day before the retirement allowance mutual aid contract (退職金共済契約) takes effect, less the periods an Order of the Ministry of Health, Labour and Welfare (厚生労働省令) sets during which they were one of those Article 3, paragraph (3) lists, such as a fixed-term or seasonal worker, with any part of a year dropped; the employer may ask for up to 120 months of it to be added to the months of paid premiums.
Defined inArticle 27, paragraph (1)
past service monthly amountmachine translation
「過去勤務通算月額」
The monthly premium (掛金月額) for the past service period (過去勤務期間) that an employer fixes when asking under Article 27, paragraph (1) for that period to be counted, on which the retirement allowance (退職金) under Article 29, paragraph (1), item (i) is based.
Short name set inArticle 27, paragraph (3)
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)
Article 8 covered employeemachine translation
「第八条被共済者」
In Articles 8 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 past service premiums (過去勤務掛金) have been paid, other than an Article 9 covered employee (第九条被共済者); Article 8 sets their retirement allowance (退職金) if they leave on or after that date, as the larger of two amounts.
Short name set inSupplementary Provisions, Article 8, paragraph (1)· applies only in this article