Section 5 Acceptance, etc. of Amounts Equivalent to Retirement Allowances under Other Retirement Allowance Mutual Aid Systems
第五節 他の退職金共済制度に係る退職金相当額の受入れ等
Where the Organization has concluded with a body that carries out a retirement allowance mutual aid business and is specified by Order of the Ministry of Health, Labour and Welfare a contract providing that, when a person who is able to receive payment of a retirement allowance upon retirement under a retirement allowance mutual aid system operated by that body (limited to a person who has retired) so applies, the amount equivalent to the retirement allowance for that person is to be transferred from that body to the Organization, and providing for other matters specified by Order of the Ministry of Health, Labour and Welfare, and the person who has so retired, within the period specified by Order of the Ministry of Health, Labour and Welfare after retirement, without claiming that retirement allowance, has become a covered employee under a retirement allowance mutual aid contract and has made an application as provided by Order of the Ministry of Health, Labour and Welfare, the Organization is to accept the amount equivalent to that retirement allowance that is transferred from that body as provided in the contract with that body.
機構は、退職金共済事業を行う団体であつて厚生労働省令で定めるものとの間で、当該団体が行う退職金共済に関する制度に基づきその退職につき退職金の支給を受けることができる者(当該退職をした者に限る。)が申し出たときはその者に係る退職金に相当する額を当該団体から機構に引き渡すことその他厚生労働省令で定める事項を約する契約を締結している場合において、当該退職をした者が退職後厚生労働省令で定める期間内に、当該退職金を請求しないで退職金共済契約の被共済者となり、かつ、厚生労働省令で定めるところにより申出をしたときは、当該団体との契約で定めるところによつて当該団体から引き渡される当該退職金に相当する額を受け入れるものとする。
Where the Organization has made the acceptance under the preceding paragraph and the person who has become a covered employee under the retirement allowance mutual aid contract referred to in that paragraph retires, a retirement allowance is paid as provided in the following items.
The provisions of the proviso to Article 10, paragraph (1) do not apply;
第十条第一項ただし書の規定は、適用しない。
The amount of the retirement allowance is, notwithstanding the provisions of Article 10, paragraph (2), the amount specified in (a) or (b) according to the category of the number of months of paid premiums set out in (a) or (b):
11 months or less: the total of principal and interest obtained by calculating, for the period from the month following the month containing the day of that acceptance through the month containing the day of retirement of the person who has become that covered employee, compound interest at the rate obtained by adding the rate determined by the Minister of Health, Labour and Welfare to the rate specified by Cabinet Order, on the amount pertaining to that acceptance (where the retirement of the person who has become that covered employee took place in the month containing the day of that acceptance, the amount pertaining to that acceptance; referred to as the "accepted amount after interest calculation" in (b));
12 months or more: the amount obtained by adding the accepted amount after interest calculation to the amount calculated pursuant to the provisions of Article 10, paragraph (2).
Where the Organization has made the acceptance under paragraph (1) and the retirement allowance mutual aid contract for the person who has become a covered employee referred to in that paragraph is cancelled, a cancellation refund is paid as provided in the following items.
The provisions of Article 16, paragraph (3) do not apply;
第十六条第三項の規定は、適用しない。
The amount of the cancellation refund is the amount calculated in accordance with the provisions of item (ii) of the preceding paragraph.
解約手当金の額は、前項第二号の規定の例により計算して得た額とする。
In the application of the preceding Article to a covered employee under a retirement allowance mutual aid contract for which past service premiums have been paid and for whom the Organization has made the acceptance under paragraph (1), in paragraph (1) of that Article, "Notwithstanding the provisions of Article 10, paragraph (2)" is deemed to be replaced with "Notwithstanding the provisions of Article 10, paragraph (2) and the following Article, paragraph (2), item (ii)"; in item (i) of that paragraph, "Article 10, paragraph (2) (excluding item (i))", and in item (ii) of that paragraph, "Article 10, paragraph (2)", are deemed to be replaced with "the following Article, paragraph (2), item (ii)"; in paragraph (2), item (ii) of that Article, ", notwithstanding the provisions of Article 10, paragraph (2)" is deemed to be replaced with ", notwithstanding the provisions of Article 10, paragraph (2) and the following Article, paragraph (2), item (ii)"; in (a) of that item, "the total amount of past service premiums paid" is deemed to be replaced with "the amount obtained by adding the total amount of past service premiums paid to the accepted amount after interest calculation prescribed in the following Article, paragraph (2), item (ii), (a)"; and in (b) and (c) of that item, "Article 10, paragraph (2)" is deemed to be replaced with "the following Article, paragraph (2), item (ii)".
過去勤務掛金が納付されたことのある退職金共済契約の被共済者のうち、その者について機構が第一項の受入れをしたものに対する前条の規定の適用については、同条第一項中「第十条第二項の規定にかかわらず」とあるのは「第十条第二項及び次条第二項第二号の規定にかかわらず」と、同項第一号中「第十条第二項(第一号を除く。)」とあり、及び同項第二号中「第十条第二項」とあるのは「次条第二項第二号」と、同条第二項第二号中「、第十条第二項」とあるのは「、第十条第二項及び次条第二項第二号」と、同号イ中「納付された過去勤務掛金の総額」とあるのは「次条第二項第二号イに規定する計算後受入金額に納付された過去勤務掛金の総額を加算した額」と、同号ロ及びハ中「第十条第二項」とあるのは「次条第二項第二号」とする。
Article 31Transfer, etc. of Amounts Equivalent to Retirement Allowances
第三十一条(退職金相当額の引渡し等)
Where the Organization has concluded with a body that carries out a retirement allowance mutual aid business and is specified by Order of the Ministry of Health, Labour and Welfare a contract providing that, when a person who is able to receive payment of a retirement allowance under a retirement allowance mutual aid contract upon retirement (limited to a person who has retired) so applies, the amount equivalent to the retirement allowance for that person is to be transferred from the Organization to that body, and providing for other matters specified by Order of the Ministry of Health, Labour and Welfare, and the person who has so retired, within the period specified by Order of the Ministry of Health, Labour and Welfare after retirement, without claiming that retirement allowance, has become a person who is to receive payment of a retirement allowance under the retirement allowance mutual aid system operated by that body and has made an application as provided by Order of the Ministry of Health, Labour and Welfare, the Organization is to transfer to that body, as provided in the contract with that body, an amount specified by Order of the Ministry of Health, Labour and Welfare within the range of the amount equivalent to the retirement allowance under that retirement allowance mutual aid contract.
機構は、退職金共済事業を行う団体であつて厚生労働省令で定めるものとの間で、その退職につき退職金共済契約により退職金の支給を受けることができる者(当該退職をした者に限る。)が申し出たときはその者に係る退職金に相当する額を機構から当該団体に引き渡すことその他厚生労働省令で定める事項を約する契約を締結している場合において、当該退職をした者が退職後厚生労働省令で定める期間内に、当該退職金を請求しないで当該団体が行う退職金共済に関する制度に基づき退職金の支給を受けるべき者となり、かつ、厚生労働省令で定めるところにより申出をしたときは、当該団体との契約で定めるところによつて当該退職金共済契約による退職金に相当する額の範囲内の金額で厚生労働省令で定める金額を、当該団体に引き渡すものとする。
Where the amount to be transferred pursuant to the provisions of the preceding paragraph is less than the amount equivalent to the retirement allowance under the retirement allowance mutual aid contract referred to in that paragraph, the Organization is to pay the difference to that covered employee.
第三十一条の二(退職金共済事業を廃止した団体からの受入金額の受入れ等)
Where an employer (limited to one 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 a retirement allowance upon the retirement of an employee employed by that employer; the same applies hereinafter in this Article) with a body that has discontinued a retirement allowance mutual aid business and is specified by Order of the Ministry of Health, Labour and Welfare (hereinafter referred to in this Article as a "discontinued body")) has concluded a retirement allowance mutual aid contract naming the employees it employs as covered employees, and that discontinued body has concluded with the Organization a contract providing that, for a person who has become a covered employee under that retirement allowance mutual aid contract, an amount within the range of the total amount of premiums paid to that discontinued body under that contract concerning retirement allowance mutual aid, the amount specified by Cabinet Order as equivalent to premiums, and the amount of profits from the investment of those amounts is to be transferred to the Organization, and providing for other matters specified by Order of the Ministry of Health, Labour and Welfare, and that employer has made an application as provided by Order of the Ministry of Health, Labour and Welfare, the Organization is to accept, as provided in the contract with that discontinued body, that amount pertaining to the person who has become a covered employee under that retirement allowance mutual aid contract.
事業主(退職金共済事業を廃止した団体であつて厚生労働省令で定めるもの(以下この条において「廃止団体」という。)との間で退職金共済に関する契約(事業主が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。以下この条において同じ。)を締結していたものに限る。)が、その雇用する従業員を被共済者として退職金共済契約を締結した場合において、当該廃止団体が、機構との間で、当該退職金共済契約の被共済者となつた者について当該退職金共済に関する契約に基づき当該廃止団体に納付された掛金の総額及び掛金に相当するものとして政令で定める金額並びにこれらの運用による利益の額の範囲内の金額を機構に引き渡すことその他厚生労働省令で定める事項を約する契約を締結しており、当該事業主が厚生労働省令で定めるところにより申出をしたときは、機構は、当該廃止団体との契約で定めるところによつて、当該退職金共済契約の被共済者となつた者に係る当該金額を受け入れるものとする。
Where the Organization has made the acceptance under the preceding paragraph, with respect to the portion of the amount so accepted (hereinafter referred to in this Article as the "accepted amount") that is the amount specified by Cabinet Order taking into account the monthly premium on the day on which the retirement allowance mutual aid contract referred to in that paragraph took effect and other circumstances, the Organization is to aggregate the number of months specified by Cabinet Order into the number of months of paid premiums for the covered employee under that retirement allowance mutual aid contract, as provided by Order of the Ministry of Health, Labour and Welfare. In this case, the number of months to be so aggregated may not exceed the number of months of the period during which the person who has become a covered employee under that retirement allowance mutual aid contract was a covered employee under that contract concerning retirement allowance mutual aid.
The amount of the retirement allowance when a covered employee under a retirement allowance mutual aid contract who has the remaining amount obtained by deducting the amount specified by Cabinet Order referred to in the preceding paragraph from the accepted amount retires is, notwithstanding the provisions of the proviso to Article 10, paragraph (1) and Article 10, paragraph (2), the amount specified in each of the following items according to the category of the number of months of paid premiums after aggregation under the preceding paragraph set out in that item.
11 months or less: the total of principal and interest obtained by calculating, for the period from the month following the month containing the day of that acceptance through the month containing the day of retirement of that covered employee, compound interest at the rate obtained by adding the rate determined by the Minister of Health, Labour and Welfare to the rate specified by Cabinet Order, on that remaining amount (where the retirement of that covered employee took place in the month containing the day of that acceptance, that remaining amount; referred to as the "remaining amount after interest calculation" in the following item);
12 months or more: the amount obtained by adding the remaining amount after interest calculation to the amount calculated pursuant to the provisions of Article 10, paragraph (2).
Where a retirement allowance mutual aid contract having the remaining amount referred to in the preceding paragraph is cancelled, the amount of the cancellation refund is, notwithstanding the provisions of Article 16, paragraph (3), the amount calculated in accordance with the provisions of the preceding paragraph.
Where the Organization has accepted the accepted amount in accordance with an application under paragraph (1), the Organization is to notify the employer to that effect, and the employer must notify the person who has become a covered employee pertaining to that accepted amount to that effect.
The provisions of paragraph (1) and the preceding paragraph apply mutatis mutandis where an employer that had concluded a contract concerning retirement allowance mutual aid with a discontinued body has continued to be a party, since before that discontinued body discontinued its retirement allowance mutual aid business, to a retirement allowance mutual aid contract naming as covered employees the employees pertaining to that contract concerning retirement allowance mutual aid. In this case, "has become a covered employee" in paragraph (1) and the preceding paragraph is deemed to be replaced with "is a covered employee", and other technical replacement of terms that is necessary is specified by Cabinet Order.
Where a covered employee under a retirement allowance mutual aid contract for which the Organization has accepted the accepted amount in accordance with an application under paragraph (1) as applied mutatis mutandis with terms replaced pursuant to the preceding paragraph retires, the amount of the retirement allowance is, notwithstanding the proviso to Article 10, paragraph (1) and Article 10, paragraph (2), the amount obtained by adding, to the amount of the retirement allowance calculated pursuant to the proviso to Article 10, paragraph (1) and Article 10, paragraph (2) on the assumption that the acceptance under paragraph (1) had not taken place, the total of principal and interest obtained by calculating, for the period from the month following the month containing the day of that acceptance through the month containing the day of retirement of that covered employee, compound interest at the rate obtained by adding the rate determined by the Minister of Health, Labour and Welfare to the rate specified by Cabinet Order, on the accepted amount (where the retirement of that covered employee took place in the month containing the day of that acceptance, the accepted amount).
Where a retirement allowance mutual aid contract for which the Organization has accepted the accepted amount in accordance with an application under paragraph (1) as applied mutatis mutandis with terms replaced pursuant to paragraph (6) is cancelled, the amount of the cancellation refund is, notwithstanding the provisions of Article 16, paragraph (3), the amount calculated in accordance with the provisions of the preceding paragraph.
Where a covered employee to whom the provisions of Article 29, paragraph (1) or (2) or Article 30, paragraph (2) apply is a covered employee under the retirement allowance mutual aid contract pertaining to the accepted amount that the Organization has accepted in accordance with an application under paragraph (1) (including as applied mutatis mutandis with terms replaced pursuant to paragraph (6)), the amount of the retirement allowance is, notwithstanding the proviso to Article 10, paragraph (1) and Article 10, paragraph (2), Article 29, paragraphs (1) and (2), Article 30, paragraph (2), and paragraphs (3) and (7) of this Article, the amount obtained by adding the amount specified by Cabinet Order to the amount of the retirement allowance calculated pursuant to the provisions of Article 29, paragraph (1) or (2) or Article 30, paragraph (2), and other matters necessary for calculating the amount of retirement allowances, etc. are specified by Cabinet Order.
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
the Organizationmachine translation
「機構」
The Organization for Workers' Retirement Allowance Mutual Aid (独立行政法人勤労者退職金共済機構), an incorporated administrative agency, throughout this Act except Articles 56 and 57.
Short name set inArticle 2, paragraph (3)· applies from here on, except in Articles 56 and 57
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
retirement allowance, etc.machine translation
「退職金等」
A retirement allowance (退職金) or a cancellation refund (解約手当金).
Short name set inArticle 8, paragraph (2), item (iii)
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)
accepted amount after interest calculationmachine translation
「計算後受入金額」
In Article 30, paragraph (2), item (ii), the amount the Organization (機構) accepted from another retirement allowance body for a covered employee (被共済者), with compound interest — at a Cabinet Order (政令) rate plus a rate the Minister of Health, Labour and Welfare (厚生労働大臣) sets — from the month after it was accepted to the month the employee left, or the amount itself if they left in the month it was accepted; it is the retirement allowance (退職金) where there are 11 or fewer months of paid premiums, and is added to the usual amount where there are 12 or more.
Short name set inArticle 30, paragraph (2), item (ii), (a)· applies only in this provision and in Article 30, paragraph (2), item (ii), (b)
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 inArticle 31-2, paragraph (1)· applies only in this article
discontinued bodymachine translation
「廃止団体」
In Article 31-2, a body that has ended its retirement allowance mutual aid business (退職金共済事業) and that an Order of the Ministry of Health, Labour and Welfare (厚生労働省令) specifies; an employer that had a retirement allowance contract with it can have the money paid in for its employees accepted by the Organization (機構) when it enrolls them in a retirement allowance mutual aid contract (退職金共済契約).
Short name set inArticle 31-2, paragraph (1)· applies only in this article
accepted amountmachine translation
「受入金額」
In Article 31-2, the amount the Organization (機構) accepts, for an employee who has become a covered employee (被共済者), from a body that has ended its retirement allowance mutual aid business (廃止団体): up to the premiums paid to that body, the amounts a Cabinet Order (政令) treats as premiums, and the investment gains on them.
Short name set inArticle 31-2, paragraph (2)· applies only in this article
remaining amount after interest calculationmachine translation
「計算後残余額」
In Article 31-2, paragraph (3), what is left of an accepted amount (受入金額) from a body that ended its retirement allowance mutual aid business after the deduction a Cabinet Order (政令) sets, with compound interest — at a Cabinet Order rate plus a rate the Minister of Health, Labour and Welfare (厚生労働大臣) sets — from the month after it was accepted to the month the covered employee (被共済者) left, or that remainder itself if they left in the month it was accepted; it is the retirement allowance (退職金) where there are 11 or fewer months of paid premiums, and is added to the usual amount where there are 12 or more.
Short name set inArticle 31-2, paragraph (3), item (i)· applies only in this provision and in Article 31-2, paragraph (3), item (ii)
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.