Supplementary Provisions, Article 10Transitional Measures Accompanying the Partial Amendment of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act
第十条（中小企業退職金共済法の一部改正に伴う経過措置）
Where, within one year after the enforcement of the provisions of Article 12, a small and medium-sized enterprise under Article 2, paragraph (1) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as amended by the provisions of Article 12 (referred to simply as a "small and medium-sized enterprise" in the following paragraph) that had concluded a contract concerning retirement allowance mutual aid (meaning a contract under which an employer undertakes to pay premiums to a body and that body undertakes to pay retirement allowances for the retirement of employees employed by that employer; the same applies hereinafter in this paragraph) with a body that was actually conducting a retirement allowance mutual aid business at the time of the enforcement of the provisions of Article 12 and is specified by Order of the Ministry of Labour has concluded a retirement allowance mutual aid contract prescribed in Article 2, paragraph (3) of that Act (hereinafter referred to as a "small and medium-sized enterprise retirement allowance mutual aid contract" in this Article) with the employee as a covered employee, and that body has concluded with the Workers' Retirement Allowance Mutual Aid Organization (hereinafter referred to as the "Organization" in this Article) a contract under which it undertakes to hand over to the Organization, with respect to the person who has become a covered employee under that small and medium-sized enterprise retirement allowance mutual aid contract, an amount within the range of the total amount of premiums (including profit from their investment) paid to that body under a contract concerning retirement allowance mutual aid (limited to a contract that was actually concluded with that body at the time of the enforcement of the provisions of Article 12; the same applies hereinafter in this paragraph), being the amount obtained by multiplying the amount specified in the left-hand column of the Appended Table of the Supplementary Provisions by the number obtained by dividing the monthly premium on the date on which that small and medium-sized enterprise retirement allowance mutual aid contract took effect by 1,000 yen, and other matters specified by Order of the Ministry of Labour, and has handed over that amount (referred to as the "amount to be handed over" in the following paragraph) to the Organization as provided in the contract with the Organization, the number of months specified in the right-hand column of that table corresponding to the amount specified in that left-hand column is to be aggregated, as provided by Order of the Ministry of Labour, with the number of months of paid premiums relating to the covered employee under that small and medium-sized enterprise retirement allowance mutual aid contract. In this case, the number of months to be aggregated may not exceed the number of months of the period during which the person who became a covered employee under the small and medium-sized enterprise retirement allowance mutual aid contract was a covered employee under a contract concerning retirement allowance mutual aid (or, where the number of months of that period exceeds 120 months, 120 months).
第十二条の規定の施行後一年以内に、同条の規定による改正後の中小企業退職金共済法第二条第一項の中小企業者（次項において単に「中小企業者」という。）であって第十二条の規定の施行の際現に退職金共済事業を行う団体で労働省令で定めるものとの間で退職金共済に関する契約（事業主が当該団体に掛金を納付することを約し、当該団体がその事業主の雇用する従業員の退職について退職金を支給することを約する契約をいう。以下この項において同じ。）を締結していたものが当該従業員を被共済者として同法第二条第三項に規定する退職金共済契約（以下この条において「中小企業退職金共済契約」という。）を締結した場合において、当該団体が、勤労者退職金共済機構（以下この条において「機構」という。）との間で、当該中小企業退職金共済契約の被共済者となった者について退職金共済に関する契約（第十二条の規定の施行の際現に当該団体との間で締結されていたものに限る。以下この項において同じ。）に基づき当該団体に納付された掛金の総額（その運用による利益を含む。）の範囲内の金額で、附則別表の上欄に定める金額に当該中小企業退職金共済契約の効力が生じた日における掛金月額を千円で除した数を乗じて得た金額を機構に引き渡すことその他労働省令で定める事項を約する契約を締結し、当該機構との契約で定めるところによって当該金額（次項において「引渡金額」という。）を機構に引き渡したときは、労働省令で定めるところにより、当該上欄に定める金額に応じ同表の下欄に定める月数を当該中小企業退職金共済契約の被共済者に係る掛金納付月数に通算するものとする。この場合において、その通算すべき月数は、当該中小企業退職金共済契約の被共済者となった者が退職金共済に関する契約の被共済者であった期間の月数（その期間の月数が百二十月を超えるときは、百二十月）を超えることができない。
With respect to a covered employee under a small and medium-sized enterprise retirement allowance mutual aid contract for which the amount to be handed over has been handed over to the Organization pursuant to the preceding paragraph, a small and medium-sized enterprise may not, notwithstanding Article 21-2, paragraph (1) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act, make the application under that paragraph.
small and medium-sized enterprisemachine translation
「中小企業者」
An employer (事業主) — other than the State, a local government or a similar body an Order of the Ministry of Health, Labour and Welfare (厚生労働省令) names — that regularly employs no more than 300 employees, or is a corporation with stated capital or total contributions of no more than 300 million yen; where its main business is wholesale, the limits are 100 employees or 100 million yen, in services 100 employees or 50 million yen, and in retail 50 employees or 50 million yen.
Defined inArticle 2, paragraph (1)· applies throughout the law
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)
small and medium-sized enterprisemachine translation
「中小企業者」
In Article 10 of the supplementary provisions (附則) of Act No. 146 of 1999, a small and medium-sized enterprise as defined in Article 2, paragraph (1) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as Article 12 of Act No. 146 of 1999 amended it.
Short name set inSupplementary Provisions, Article 10, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 10, paragraph (2)
small and medium-sized enterprise retirement allowance mutual aid contractmachine translation
「中小企業退職金共済契約」
In Article 10 of the supplementary provisions (附則) of Act No. 146 of 1999, a retirement allowance mutual aid contract (退職金共済契約) under Article 2, paragraph (3) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act that a small and medium-sized enterprise (中小企業者) concludes for its employees within one year after Article 12 of Act No. 146 of 1999 came into effect, having had a retirement allowance contract for them with a body running a retirement allowance mutual aid business (退職金共済事業) that an Order of the Ministry of Labour (労働省令) names.
Short name set inSupplementary Provisions, Article 10, paragraph (1)· applies only in this article
contractmachine translation
「契約」
In Article 31-2 and in Article 10, paragraph (1) of the supplementary provisions (附則) of Act No. 146 of 1999, a contract on retirement allowance mutual aid (退職金共済に関する契約) between an employer (事業主) and a body (団体): the employer promises to pay premiums (掛金) to the body, and the body promises to pay retirement allowances (退職金) when the employer's employees leave.
Defined inSupplementary Provisions, Article 10, paragraph (1)· applies only in this paragraph
amount to be handed overmachine translation
「引渡金額」
In Article 10 of the supplementary provisions (附則) of Act No. 146 of 1999, the amount — within the total premiums paid to a body running a retirement allowance mutual aid business and the investment gains on them, and worked out from the table appended to those supplementary provisions and the monthly premium (掛金月額) — that the body hands over to the Organization for Workers' Retirement Allowance Mutual Aid (勤労者退職金共済機構) for an employee whom a small and medium-sized enterprise (中小企業者) has enrolled in a retirement allowance mutual aid contract (退職金共済契約) within a year after Article 12 of that Act came into effect; months are then added to the employee's months of paid premiums.
Short name set inSupplementary Provisions, Article 10, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 10, paragraph (2)
the Organizationmachine translation
「機構」
In Article 10 of the supplementary provisions (附則) of Act No. 146 of 1999, the Organization for Workers' Retirement Allowance Mutual Aid (勤労者退職金共済機構).
Short name set inSupplementary Provisions, Article 10, paragraph (1)· applies only in this article