Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Act comes into effect on April 1, 1999; provided, however, that the provisions of Article 11, paragraph (1) of the Supplementary Provisions come into effect on the date of promulgation.
この法律は、平成十一年四月一日から施行する。ただし、附則第十一条第一項の規定は、公布の日から施行する。
Supplementary Provisions, Article 2Transitional Measures concerning Application Money
第二条(申込金に関する経過措置)
With respect to application money relating to an application for a retirement allowance mutual aid contract made before the date on which this Act comes into effect (hereinafter referred to as the "Effective Date"), the provisions then in force continue to govern.
この法律の施行の日(以下「施行日」という。)前に行われた退職金共済契約の申込みに係る申込金については、なお従前の例による。
Supplementary Provisions, Article 3Transitional Measures concerning Past Service Premiums
第三条(過去勤務掛金に関する経過措置)
The provisions of Article 21-3, paragraph (1) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as amended (hereinafter referred to as the "New Act") apply to past service premiums relating to covered employees under retirement allowance mutual aid contracts that took effect on or after the Effective Date, and the provisions then in force continue to govern past service premiums relating to covered employees under retirement allowance mutual aid contracts that took effect before the Effective Date.
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。
Supplementary Provisions, Article 5
第五条
The amount of a retirement allowance in the case where a covered employee under a retirement allowance mutual aid contract that took effect before the Effective Date retires is as provided in the following Article through Article 10 of the Supplementary Provisions.
施行日前に効力を生じた退職金共済契約の被共済者が退職した場合における退職金の額については、次条から附則第十条までに定めるところによる。
Supplementary Provisions, Article 6
第六条
The provisions then in force continue to govern the amount of a retirement allowance relating to a covered employee who retired before the Effective Date.
Supplementary Provisions, Article 7
第七条
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 Effective Date, for whom a past service premium has never been paid (hereinafter referred to as an "Article 7 covered employee" in this Article and Articles 10 and 13 of the Supplementary Provisions) retires on or after the 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.
23 months or less: the amount obtained by adding together, for each monthly premium bracket, the amounts equal to one-tenth of the amounts specified in the lower column of Appended Table 1 of the New Act in accordance with the number of months of paid premiums per bracket (in the case where the retirement is due to death, the amount obtained by adding together the amounts obtained by multiplying 100 yen by the number of months of paid premiums per bracket);
24 months or more and 42 months or less: the amount obtained by adding together, for each monthly premium bracket, the amounts obtained by multiplying 100 yen by the number of months of paid premiums per bracket (for a monthly premium bracket relating to a former Act contract in which the number of months of paid premiums per bracket relating to the period before April 1996 is 36 months or more, the amount equal to one-tenth of the amount specified in the lower column of Appended Table 2 of the New Act in accordance with the number of months obtained by adding the converted number of months to the number of months of paid premiums per bracket, and where that amount exceeds the amount calculated by the previous calculation method, as provided by Cabinet Order, that calculated amount);
二十四月以上四十二月以下 掛金月額区分ごとに、百円に区分掛金納付月数を乗じて得た額(旧法契約に係る掛金月額区分であって平成八年四月前の期間に係る区分掛金納付月数が三十六月以上であるものについては、区分掛金納付月数に換算月数を加えた月数に応じ新法別表第二の下欄に定める金額の十分の一の金額とし、その額が政令で定めるところにより従前の算定方法により算定した額を超えるときは、当該算定した額とする。)を合算して得た額
43 months or more: the amount obtained by adding together the amounts specified in (a) and (b):
四十三月以上 次のイ及びロに定める額を合算して得た額
The amount obtained by adding together, for each monthly premium bracket, the amounts specified in (1) or (2) below according to the category of case set out in (1) or (2):
掛金月額区分ごとに、次の(1)又は(2)に掲げる場合の区分に応じ、当該(1)又は(2)に定める額を合算して得た額
Where the number of months of paid premiums per bracket before the Effective Date is 42 months or less (excluding, for a monthly premium bracket relating to a former Act contract, the case where the number of months of paid premiums per bracket relating to the period before April 1996 in that monthly premium bracket is 36 months or more): the amount equal to one-tenth of the amount specified in the lower column of Appended Table 2 of the New Act in accordance with the number of months of paid premiums per bracket;
Where the number of months of paid premiums per bracket before the Effective Date is 43 months or more (including, for a monthly premium bracket relating to a former Act contract, the case where the number of months of paid premiums per bracket relating to the period before April 1996 in that monthly premium bracket is 36 months or more): the amount equal to one-tenth of the amount specified in the lower column of Appended Table 2 of the New Act in accordance with the number of months obtained by adding the converted number of months to the number of months of paid premiums per bracket; provided, however, that where that amount exceeds the amount calculated by the previous calculation method, as provided by Cabinet Order, that calculated amount;
In the case of an Article 7 covered employee under a former Act contract for whom no premium in an amount exceeding the former highest monthly premium has been paid as a premium relating to the period before April 1996, the amount specified in (1) below, and in the case of any other Article 7 covered employee, the amount obtained by adding the amount specified in (2) to the amount specified in (1) below:
平成八年四月前の期間に係る掛金として旧最高掛金月額を超える額の掛金の納付がなかった旧法契約の第七条被共済者にあっては、次の(1)に定める額とし、それ以外の第七条被共済者にあっては、次の(1)に定める額に(2)に定める額を加算した額
The amount obtained by adding together the amounts obtained by multiplying the total of the amounts specified in (a), (1) or (2) in accordance with the number of months of paid premiums per bracket relating to the premium for each month from the month containing the day on which the retirement allowance mutual aid contract took effect through the calculation month (limited to a calculation month on or after April 1999) (referred to as the "specified hypothetical retirement allowance amount" in Article 11 of the Supplementary Provisions) by the payment rate for the fiscal year to which that calculation month belongs, as determined pursuant to the provisions of Article 11 of the Supplementary Provisions, in each case (where the amount has a fraction of less than one yen, it is rounded up to one yen);
The amount obtained by adding together the amounts obtained by multiplying the total of the amounts equal to one-tenth of the amounts specified in the lower column of Appended Table 2 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act before the amendment by the Act Partially Amending the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act (Act No. 63 of 1995) in accordance with the number of months of paid premiums per bracket relating to the premium for each month from the month containing the day on which the retirement allowance mutual aid contract took effect through the calculation month (limited to a calculation month from April 1992 through March 1994) (in the case of an Article 7 covered employee under a former Act contract, the premium for each month for the part of the premium exceeding the former highest monthly premium) by the payment rate for the fiscal year to which that calculation month belongs, as determined pursuant to the provisions of Article 10, paragraph (3) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act before the amendment, in each case (where the amount has a fraction of less than one yen, it is rounded up to one yen).
Supplementary Provisions, Article 8
第八条
The amount of a retirement allowance in the case where an Article 8 covered employee (meaning a covered employee, among covered employees under retirement allowance mutual aid contracts that took effect before the Effective Date, for whom a past service premium has been paid (excluding a covered employee falling under the provisions of the following Article); the same applies in Article 13 of the Supplementary Provisions) retires on or after the 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 prescribed in the following Article";
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 49.4 or 67, respectively (for a covered employee under a retirement allowance mutual aid contract that took effect before April 1, 1996, 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 prescribed in the following Article".
Supplementary Provisions, Article 9
第九条
The amount of a retirement allowance in the case where an Article 9 covered employee (meaning a covered employee, among covered employees under retirement allowance mutual aid contracts that took effect before the 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); the same applies in Article 13 of the Supplementary Provisions) retires on or after the 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 Small and Medium Sized Enterprise Retirement Allowance Cooperative Act before the amendment by this Act in accordance with the number of months for which past service premiums were paid (for a covered employee under a retirement allowance mutual aid contract that took effect before April 1, 1996, the lower column of Appended Table 4 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act before the amendment by the Act Partially Amending the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act); 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 prescribed in Article 9 of the Supplementary Provisions";
十二月以上五十九月以下 過去勤務掛金が納付されたことがないものとみなして附則第七条中「第七条被共済者」とあるのを「附則第九条に規定する第九条被共済者」として同条の規定を適用した場合に得られる額に、納付された過去勤務掛金の総額(過去勤務掛金の納付があった月数が四十三月以上であるときは、過去勤務掛金の額に過去勤務掛金の納付があった月数に応じこの法律による改正前の中小企業退職金共済法別表第四の下欄(平成八年四月一日前に効力を生じた退職金共済契約の被共済者にあっては、中小企業退職金共済法の一部を改正する法律による改正前の中小企業退職金共済法別表第四の下欄)に定める率を乗じて得た額。次号において同じ。)を加算した額
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 prescribed in Article 9 of the Supplementary Provisions", the total of principal and interest obtained by calculating compound interest at 3 percent per annum (4.5 percent per annum for the period equivalent to the number of months for which premiums were paid where those premiums were paid for each month from April 1996 through March 1999, and 5 percent per annum for the period equivalent to the number of months for which premiums were paid where those premiums were paid for each month on or before March 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.
六十月以上 過去勤務掛金が納付されたことがないものとみなして附則第七条中「第七条被共済者」とあるのを「附則第九条に規定する第九条被共済者」として同条の規定を適用した場合に得られる額に、掛金納付月数が六十月となった月以後の掛金の納付があった月数に相当する期間につき、納付された過去勤務掛金の総額に対し、年三パーセント(当該掛金の納付が平成八年四月から平成十一年三月までの各月分であるときの当該掛金の納付があった月数に相当する期間については、年四・五パーセントとし、当該掛金の納付が平成八年三月以前の各月分であるときの当該掛金の納付があった月数に相当する期間については、年五パーセントとする。)の複利による計算をして得た元利合計額を加算した額
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)
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)
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
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. 46 of 1998, 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 1999, when that Act came into effect, 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. 46 of 1998, 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 1999; 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
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.