Supplementary Provisions, Article 4Transitional Measures Concerning Retirement Allowances, etc.
第四条（退職金等に関する経過措置）
In this Article through Article 14 of the Supplementary Provisions, the meanings of the terms set forth in the following items are as specified in those items.
この条から附則第十四条までにおいて、次の各号に掲げる用語の意義は、当該各号に定めるところによる。
Former Act contract: a retirement allowance mutual aid contract that took effect before April 1, 1991;
旧法契約 平成三年四月一日前に効力を生じた退職金共済契約をいう。
1990 Act contract: a retirement allowance mutual aid contract that took effect on or after April 1, 1991 and before April 1, 1996;
二年法契約 平成三年四月一日以後平成八年四月一日前に効力を生じた退職金共済契約をいう。
1995 Act contract: a retirement allowance mutual aid contract that took effect on or after April 1, 1996 and before the Effective Date;
七年法契約 平成八年四月一日以後施行日前に効力を生じた退職金共済契約をいう。
Number of months of paid premiums per bracket: the number of months for which premiums relating to each bracket (hereinafter referred to as a "monthly premium bracket") have been paid, for each such bracket, where the monthly premium is successively divided into brackets of 100 yen;
区分掛金納付月数 掛金月額を百円ごとに順次区分した場合における各区分（以下「掛金月額区分」という。）ごとの当該区分に係る掛金の納付があった月数をいう。
Number of months of paid premiums per bracket before the Effective Date: the number of months of paid premiums per bracket relating to the period before the Effective Date;
Former highest monthly premium: the highest amount of the monthly premium for each covered employee relating to the period before April 1991 under a former Act contract;
Converted number of months: for each monthly premium bracket, where the number of months of paid premiums per bracket before the Effective Date is 43 months or more (36 months or more, for the number of months of paid premiums per bracket before the Effective Date under a former Act contract (limited to that in a monthly premium bracket in which the number of months of paid premiums per bracket relating to the period before April 1996 is 36 months or more)), the number of months obtained, on the assumption that the covered employee's retirement took place on the day preceding the Effective Date, by subtracting that number of months of paid premiums per bracket before the Effective Date from the number of months corresponding to the amount that is closest to the amount calculated by the previous calculation method, as provided by Cabinet Order, in accordance with the number of months of paid premiums per bracket before the Effective Date, within a range not falling below that calculated amount, among the amounts equal to one-tenth of the amounts specified in the lower column of Appended Table 2 of the New Act;
Converted number of months for the cancellation refund: the number of months calculated in accordance with the provisions of the preceding item, with the phrase "on the assumption that the covered employee's retirement took place on the day preceding the Effective Date" in that item deemed to be replaced with "on the assumption that the retirement allowance mutual aid contract relating to the covered employee was cancelled on the day preceding the Effective Date";
Calculation month: the calculation month prescribed in Article 10, paragraph (2), item (iii), (b) of the New Act.
計算月 新法第十条第二項第三号ロに規定する計算月をいう。
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
the Effective Datemachine translation
「施行日」
The date Act No. 46 of 1998, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the New Actmachine translation
「新法」
This Act as amended by Act No. 46 of 1998.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
former Act contractmachine translation
「旧法契約」
In Articles 4 to 14 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.
Defined inSupplementary Provisions, Article 4, paragraph (1), item (i)· applies only in this article
1990 Act contractmachine translation
「二年法契約」
In Articles 4 to 14 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 on or after 1 April 1991 and before 1 April 1996.
Defined inSupplementary Provisions, Article 4, paragraph (1), item (ii)· applies only in this article
1995 Act contractmachine translation
「七年法契約」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 46 of 1998, a retirement allowance mutual aid contract (退職金共済契約) that took effect on or after 1 April 1996 and before 1 April 1999, when that Act came into effect.
Defined inSupplementary Provisions, Article 4, paragraph (1), item (iii)· applies only in this article
number of months of paid premiums per bracketmachine translation
「区分掛金納付月数」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 63 of 1995 and of Act No. 46 of 1998, the number of months for which premiums were paid in each of the successive 100-yen brackets into which a monthly premium (掛金月額) is divided, counted bracket by bracket.
Defined inSupplementary Provisions, Article 4, paragraph (1), item (iv)· applies only in this article
monthly premium bracketmachine translation
「掛金月額区分」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 46 of 1998, 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 (iv)
number of months of paid premiums per bracket before the effective datemachine translation
「施行日前区分掛金納付月数」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 46 of 1998, the number of months of paid premiums per bracket (区分掛金納付月数) that fall in the period before 1 April 1999, when that Act came into effect.
Defined inSupplementary Provisions, Article 4, paragraph (1), item (v)· applies only in this article
former highest monthly premiummachine translation
「旧最高掛金月額」
In the supplementary provisions (附則) of Act No. 39 of 1990, of Act No. 63 of 1995 and of Act No. 46 of 1998, the highest monthly premium (掛金月額) of a covered employee (被共済者) in the period before April 1991 under a retirement allowance mutual aid contract (退職金共済契約) that took effect before 1 April 1991, when Act No. 39 of 1990 came into effect.
Defined inSupplementary Provisions, Article 4, paragraph (1), item (vi)· applies only in this article
converted number of monthsmachine translation
「換算月数」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 46 of 1998, an extra number of months credited, in each monthly premium bracket (掛金月額区分) with at least 43 months of paid premiums before 1 April 1999 (at least 36 for a bracket of a contract that took effect before 1 April 1991 that had 36 or more paid months before April 1996), so that the amount under Appended Table 2 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as Act No. 46 of 1998 amended it is not below what the earlier method gives for an employee taken to have retired on 31 March 1999.
Defined inSupplementary Provisions, Article 4, paragraph (1), item (vii)· applies only in this article
converted number of months for the cancellation refundmachine translation
「解約手当金換算月数」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 46 of 1998, the converted number of months (換算月数) worked out the same way but on the assumption that the employee's retirement allowance mutual aid contract (退職金共済契約) was terminated, rather than the employee retiring, on 31 March 1999; it is used for the cancellation refund (解約手当金).
Defined inSupplementary Provisions, Article 4, paragraph (1), item (viii)· applies only in this article
calculation monthmachine translation
「計算月」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 46 of 1998, a calculation month as provided in Article 10, paragraph (2), item (iii), (b) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as Act No. 46 of 1998 amended it.
Defined inSupplementary Provisions, Article 4, paragraph (1), item (ix)· applies only in this article
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.