Supplementary Provisions, Article 9
第九条
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 and for whom a past service premium has not been paid for some of the months from the month containing the day on which the retirement allowance mutual aid contract took effect through the month in which five years elapse (where the past service period is less than five years, the number of years of that past service period) (hereinafter referred to as an "Article 9 covered employee" in Article 7 of the Supplementary Provisions 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 amount specified in each of the following items according to the category of the number of months of paid premiums set out in that item.
11 months or less: the total amount of past service premiums paid;
十一月以下 納付された過去勤務掛金の総額
12 months or more and 59 months or less: 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 43 months or more, the amount obtained by multiplying the amount of the past service premium by the rate specified in the lower column of Appended Table 4 of the Former Act in accordance with the number of months for which past service premiums were paid; the same applies in the following item) to the amount obtained when, on the assumption that no past service premium has been paid, the provisions of Article 7 of the Supplementary Provisions are applied with the phrase "Article 7 covered employee" in that Article deemed to be replaced with "Article 9 covered employee";
60 months or more: the amount obtained by adding, to the amount obtained when, on the assumption that no past service premium has been paid, the provisions of Article 7 of the Supplementary Provisions are applied with the phrase "Article 7 covered employee" in that Article deemed to be replaced with "Article 9 covered employee", the total of principal and interest obtained by calculating compound interest at 4.5 percent per annum (5 percent per annum for the period before April 1996) on the total amount of past service premiums paid, for the period equivalent to the number of months for which premiums were paid on or after the month in which the number of months of paid premiums became 60 months.
Supplementary Provisions, Article 10
第十条
Of the retirement allowances paid where an Article 7 covered employee for whom the number of months of paid premiums relating to a former Act contract is aggregated, for a 1990 Act contract, pursuant to Article 14 of the Former Act (hereinafter referred to as an "Article 10 covered employee" in Article 13 of the Supplementary Provisions) retires on or after the Partial Effective Date, the amount of a retirement allowance that would be less than the greater of the following amounts is, notwithstanding Article 7 of the Supplementary Provisions, that greater amount.
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 the same way as under Article 7 of the Supplementary Provisions in accordance with the number of months obtained by adding, to the number of months of paid premiums per bracket obtained by aggregating, for a 1990 Act contract, the number of months of paid premiums relating to a former Act 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) (where that amount exceeds the amount specified by Order of the Ministry of Labour, the amount so specified);
A bracket of the monthly premium for the part not exceeding the former highest monthly premium: on the assumption that the number of months of paid premiums relating to a former Act contract has not been aggregated, for the 1990 Act 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 Former Act contract to the converted number of months corresponding to the number of months of paid premiums per bracket before the Partial Effective Date relating to the 1990 Act contract;
A bracket of the monthly premium for the part exceeding the former highest monthly premium: the converted number of months corresponding to the number of months of paid premiums per bracket before the Partial Effective Date obtained by aggregating, for the 1990 Act contract, the number of months of paid premiums relating to a former Act contract pursuant to Article 14 of the Former Act;
The amount obtained by adding, to the total of principal and interest obtained by calculating compound interest at 5 percent per annum, for the period equivalent to the number of months of paid premiums relating to the 1990 Act contract before April 1996, on the amount obtained as the amount of the retirement allowance relating to a former Act contract by calculating it by the previous calculation method as provided by Cabinet Order, the amount obtained as the amount of the retirement allowance relating to the 1990 Act contract by calculating it pursuant to the provisions of Article 7 of the Supplementary Provisions.
Supplementary Provisions, Article 11
第十一条
The payment rate under Article 10, paragraph (2), item (iii), (b) of the New Act for fiscal year 1996 is, notwithstanding Article 10, paragraph (3) of the New Act, to be determined pursuant to the provisions of paragraph (3).
平成八年度に係る新法第十条第二項第三号ロの支給率は、同条第三項の規定にかかわらず、第三項の規定により定めるものとする。
The payment rate under Article 10, paragraph (2), item (iii), (b) of the New Act and Article 7, item (iii), (b) of the Supplementary Provisions (hereinafter referred to as the "provisions on the payment rate" in this Article) for each fiscal year on or after fiscal year 1997 is, where, at the time of determining the payment rate for that fiscal year, there is a covered employee for whom the specified hypothetical retirement allowance amount is to be calculated for that fiscal year (hereinafter referred to as a "transitional covered employee" in this Article), to be determined pursuant to the provisions of paragraph (4), notwithstanding Article 10, paragraph (3) of the New Act.
The payment rate under the provisions on the payment rate for fiscal year 1996 is to be determined on the Partial Effective Date by the Minister of Labour, as provided by Order of the Ministry of Labour, after hearing the opinion of the Small and Medium Sized Enterprise Retirement Allowance Mutual Aid Council, on the basis of the rate obtained by dividing the amount calculated as the part of the investment income for fiscal year 1995 that is to be applied to the payment of the amounts specified in Article 7, item (iii), (b) of the Supplementary Provisions by the total of the specified hypothetical retirement allowance amounts of those transitional covered employees who will have a calculation month in fiscal year 1996, and taking into account the estimated amount of investment income from fiscal year 1996 onward and other circumstances.
The payment rate under paragraph (2) is to be determined by the Minister of Labour, for each fiscal year, as provided by Order of the Ministry of Labour, by the end of the fiscal year preceding that fiscal year, after hearing the opinion of the Small and Medium Sized Enterprise Retirement Allowance Mutual Aid Council, on the basis of the rate obtained by dividing the amount calculated as the part of the investment income for the fiscal year preceding that fiscal year that is to be applied to the payment of the amounts specified in the provisions on the payment rate by the total of the hypothetical retirement allowance amounts specified in Article 10, paragraph (2), item (ii) of the New Act and the specified hypothetical retirement allowance amounts of those covered employees, among covered employees for whom the amount of the retirement allowance is calculated by applying Article 10, paragraph (2) of the New Act and transitional covered employees, who will have a calculation month in that fiscal year, and taking into account the estimated amount of investment income from that fiscal year onward and other circumstances.
Supplementary Provisions, Article 12
第十二条
The provisions of Article 10-3, paragraph (3) of the New Act apply to the payment of a retirement allowance relating to a covered employee who retires on or after the Effective Date, and the provisions then in force continue to govern the payment of a retirement allowance relating to a covered employee who retired before the Effective Date.
The provisions of Article 10-3, paragraph (4) of the New Act apply to covered employees other than a covered employee who retired before the Effective Date and who, by the date specified by Order of the Ministry of Labour (hereinafter referred to as the "specified day" in the following paragraph), requested payment of the retirement allowance by installment payment (hereinafter referred to as a "covered employee under the transitional installment payment rate" in this paragraph), and the provisions then in force continue to govern the installment payment rate under paragraph (4) of that Article relating to a covered employee under the transitional installment payment rate.
With respect to the application of Article 10-3, paragraph (4) of the New Act to a covered employee who retired on or after the Effective Date and before April 1, 1996 and who, by the specified day, requested payment of the retirement allowance by installment payment, the phrase "56/1,000" in that paragraph is deemed to be replaced with "57.4/1,000", and the phrase "31.1/1,000" with "32.5/1,000".
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)
fiscal yearmachine translation
「年度」
The fiscal year, from 1 April to 31 March of the following year.
Defined inArticle 10, paragraph (2), item (iii), (b)
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)
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)
the Effective Datemachine translation
「施行日」
The date Act No. 63 of 1995, the amending Act these supplementary provisions (附則) belong to, comes into effect.
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
specified hypothetical retirement allowance amountmachine translation
「特定仮定退職金額」
In Articles 7 and 11 of the supplementary provisions (附則) of Act No. 63 of 1995, the sum of the amounts under Article 7, item (iii), (a)(1) or (2) of those supplementary provisions for the months of paid premiums per bracket (区分掛金納付月数) from the month the retirement allowance mutual aid contract (退職金共済契約) took effect up to a calculation month (計算月) in or after April 1996; multiplied by that year's payment rate (支給率), it gives part of the extra amount added to the retirement allowance (退職金).
Short name set inSupplementary Provisions, Article 7, paragraph (1), item (iii), (b), (1)· applies only in this provision and in Supplementary Provisions, Article 11
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 9 covered employeemachine translation
「第九条被共済者」
In Articles 7, 9 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, but not for some of the months up to five years from the contract's start (or up to the number of years of past service, if fewer); Article 9 sets their retirement allowance (退職金) if they leave on or after that date.
Short name set inSupplementary Provisions, Article 9, paragraph (1)· applies only in this article
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
provisions on the payment ratemachine translation
「支給率に関する規定」
In Article 11 of the supplementary provisions (附則) of Act No. 63 of 1995 and of Act No. 46 of 1998, Article 10, paragraph (2), item (iii), (b) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as each of those Acts amended it, together with Article 7, item (iii), (b) of that Act's own supplementary provisions: the provisions whose payment rate (支給率) Article 11 has set by special rules.
Short name set inSupplementary Provisions, Article 11, paragraph (2)· applies only in this article
transitional covered employeemachine translation
「経過措置被共済者」
In Article 11 of the supplementary provisions (附則) of Act No. 63 of 1995 and of Act No. 46 of 1998, a covered employee (被共済者) for whom a specified hypothetical retirement allowance amount (特定仮定退職金額) is to be worked out in the fiscal year whose payment rate (支給率) is being set; while there are any, the rate is set under that Article's transitional rules.
Short name set inSupplementary Provisions, Article 11, paragraph (2)· applies only in this article
specified daymachine translation
「特定日」
In Article 12 of the supplementary provisions (附則) of Act No. 63 of 1995, the day, set by an Order of the Ministry of Labour (労働省令), by which a covered employee (被共済者) who had left must have asked for their retirement allowance (退職金) to be paid in installments for the transitional installment payment rates (分割支給率) of paragraphs (2) and (3) of that Article to apply.
Short name set inSupplementary Provisions, Article 12, paragraph (2)· applies only in this provision and in Supplementary Provisions, Article 12, paragraph (3)
covered employee under the transitional installment payment ratemachine translation
「経過措置分割支給率適用被共済者」
In Article 12, paragraph (2) of the supplementary provisions (附則) of Act No. 63 of 1995, a covered employee (被共済者) who left before 1 December 1995, when that Act came into effect, and asked by the specified day (特定日) for their retirement allowance (退職金) to be paid in installments; the installment payment rate (分割支給率) of the earlier rules continues to apply to them.
Short name set inSupplementary Provisions, Article 12, paragraph (2)· applies only in this paragraph