Supplementary Provisions, Article 8-3-2Special Provisions on Exemption from Application
第八条の三の二(適用除外の特例)
For the time being, a part-time worker employed at an applicable place of business who is a worker listed in the items of Article 7 of the Minimum Wage Act (Act No. 137 of 1959) to whom that Article applies, and whose amount of remuneration (excluding what is specified by Order of the Ministry of Health, Labour and Welfare as equivalent to the wages listed in the items of Article 4, paragraph (3) of that Act), as calculated pursuant to Order of the Ministry of Health, Labour and Welfare in the same manner as provided in Article 42, paragraph (1), is less than 88,000 yen (hereinafter in this Article referred to as a "specified person under the reduced minimum wage exception"), may not become an insured person, notwithstanding Article 3, paragraph (1) (excluding the proviso).
If a specified person under the reduced minimum wage exception makes a request, pursuant to Order of the Ministry of Health, Labour and Welfare, to the person who administers the insurance of the insured persons employed at that place of business (in the case where that person is the JHIA, the Minister of Health, Labour and Welfare), the specified person may become an insured person, notwithstanding the preceding paragraph.
A person who has made the request under the preceding paragraph acquires eligibility as an insured person under the provisions of that paragraph from the day on which the request is accepted, when it is accepted.
In the case where an insured person comes to fall under a specified person under the reduced minimum wage exception and continues to be employed at the same place of business, the person is deemed to have become an insured person under the provisions of paragraph (2) from the day on which the person came to fall under that category, notwithstanding paragraphs (1) and (2).
An insured person under the provisions of paragraph (2) (including a person deemed to be such an insured person under the provisions of the preceding paragraph; the same applies in the following paragraph) may at any time make a request to the insurer, etc. pursuant to Order of the Ministry of Health, Labour and Welfare and lose eligibility as that insured person.
An insured person under the provisions of paragraph (2) loses eligibility as that insured person from the day following the day on which the person comes to fall under any of the items of Article 36 or any of the following items (or, if the person acquires eligibility as an insured person again on the day on which that fact arose, that day).
The request under the preceding paragraph has been accepted; or
前項の申出が受理されたとき。
The person is no longer a specified person under the reduced minimum wage exception.
特定減額特例対象者でなくなったとき。
The request under paragraph (2) must be made at the same time as the request under paragraph (2) of Article 4-6 of the Supplementary Provisions of the Employees' Pension Insurance Act in the case of a specified person under the reduced minimum wage exception who is able to make that request, and the request under paragraph (5) must be made at the same time as the request under paragraph (5) of that Article in the case of a specified person under the reduced minimum wage exception who is able to make the request under paragraph (5) of that Article.
Beyond what is provided for in paragraphs (1) through (6), necessary matters concerning the acquisition and loss of eligibility as an insured person are specified by Cabinet Order.
第一項から第六項までに規定するもののほか、被保険者の資格の取得及び喪失に関し必要な事項は、政令で定める。
In paragraph (1), "part-time worker" means a person who falls under any of the following items and does not fall under any of the items of Article 3, paragraph (1).
a part-time worker (meaning a part-time worker prescribed in Article 3, paragraph (1), item (ix); the same applies in the following item) whose prescribed weekly scheduled working hours are less than three-fourths of the prescribed weekly scheduled working hours of an ordinary worker employed at the same place of business (meaning an ordinary worker prescribed in item (ix) of that paragraph; the same applies in the following item); or
a part-time worker whose prescribed working days per month are less than three-fourths of the prescribed working days per month of an ordinary worker employed at the same place of business.