Section 6 Transfer, etc. of Transferred Amounts from Corporate Pension Schemes
第六節 企業年金制度からの移換額の移換等
第三十一条の三(資産管理運用機関等からの移換額の移換等)
Where an employer (limited to one that has made an application under Article 82-5, paragraph (1) of the Defined-Benefit Corporate Pension Act or Article 54-6 of the Defined Contribution Pension Act) concludes a retirement allowance mutual aid contract naming as covered employees a person who was a participant (meaning a participant prescribed in Article 2, paragraph (4) of the Defined-Benefit Corporate Pension Act; the same applies in paragraph (6) and paragraph (1) of the following Article) or a person who was a participant of a corporate-type pension plan (meaning a participant of a corporate-type pension plan prescribed in Article 2, paragraph (8) of the Defined Contribution Pension Act; the same applies in paragraph (6) and paragraph (1) of the following Article), in either case employed by that employer, if a person set out in each of the following items 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, the assets specified in that item are 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 to the Organization as provided by Order of the Ministry of Health, Labour and Welfare, the Organization is to receive the transfer of those assets pertaining to the person who has become a covered employee under that retirement allowance mutual aid contract, as provided in the contract with the person set out in that item.
事業主(確定給付企業年金法第八十二条の五第一項又は確定拠出年金法第五十四条の六の規定による申出をしたものに限る。)が、その雇用する加入者(確定給付企業年金法第二条第四項に規定する加入者をいう。第六項及び次条第一項において同じ。)であつた者又は企業型年金加入者(確定拠出年金法第二条第八項に規定する企業型年金加入者をいう。第六項及び次条第一項において同じ。)であつた者を被共済者として退職金共済契約を締結する場合において、次の各号に掲げる者が、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各号に定める資産を機構に移換する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、機構に対して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、当該各号に掲げる者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資産の移換を受けるものとする。
An asset management and investment institution, etc.: the reserve fund prescribed in Article 59 of the Defined-Benefit Corporate Pension Act or the residual assets prescribed in Article 89, paragraph (6) of that Act;
資産管理運用機関等 確定給付企業年金法第五十九条に規定する積立金又は同法第八十九条第六項に規定する残余財産
An asset management institution: the assets managed per individual prescribed in Article 2, paragraph (12) of the Defined Contribution Pension Act.
資産管理機関 確定拠出年金法第二条第十二項に規定する個人別管理資産
Where the Organization has received the transfer of the assets specified in the items of the preceding paragraph, with respect to the portion of the amount of the assets so transferred (hereinafter referred to in this Article as the "transferred 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 participant period prescribed in Article 28, paragraph (1) of the Defined-Benefit Corporate Pension Act or the participant of a corporate-type pension plan period prescribed in Article 14, paragraph (1) of the Defined Contribution Pension Act of the person who has become a covered employee under that retirement allowance mutual aid contract, pertaining to that amount specified by Cabinet Order.
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 transferred 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 on which the transfer was received 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 on which the transfer was received, 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 received the transfer of the transferred 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 transferred amount to that effect.
The provisions of paragraph (1) and the preceding paragraph apply mutatis mutandis where an employer that has implemented a defined-benefit corporate pension or a corporate-type pension plan has been a party, since before making the application under Article 82-5, paragraph (1) of the Defined-Benefit Corporate Pension Act or Article 54-6 of the Defined Contribution Pension Act, to a retirement allowance mutual aid contract naming as covered employees a person who was a participant or a person who was a participant of a corporate-type pension plan, in either case employed by that employer. 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 received the transfer of the transferred 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 transfer under paragraph (1) had not been received, the total of principal and interest obtained by calculating, for the period from the month following the month containing the day on which the transfer was received 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 transferred amount (where the retirement of that covered employee took place in the month containing the day on which the transfer was received, the transferred amount).
Where a retirement allowance mutual aid contract for which the Organization has received the transfer of the transferred 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), Article 30, paragraph (2), or paragraph (3) or (7) of the preceding Article apply is a covered employee under the retirement allowance mutual aid contract pertaining to the transferred amount that the Organization has received the transfer of 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), paragraphs (3) and (7) of the preceding Article, 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), Article 30, paragraph (2), or paragraph (3) or (7) of the preceding Article, and other matters necessary for calculating the amount of retirement allowances, etc. are specified by Cabinet Order.
第二十九条第一項若しくは第二項、第三十条第二項又は前条第三項若しくは第七項の規定の適用を受ける被共済者が、第一項(第六項の規定により読み替えて準用する場合を含む。)の規定による申出に従い機構が移換を受けた移換額に係る退職金共済契約の被共済者である場合における退職金の額は、第十条第一項ただし書及び第二項、第二十九条第一項及び第二項、第三十条第二項、前条第三項及び第七項並びに第三項及び第七項の規定にかかわらず、第二十九条第一項若しくは第二項、第三十条第二項又は前条第三項若しくは第七項の規定により算定される退職金の額に政令で定める額を加算した額とするほか、退職金等の額の算定に関し必要な事項は、政令で定める。
第三十一条の四(資産管理運用機関等への解約手当金に相当する額の移換等)
Where a mutual aid policyholder has carried out a merger, company split or other act specified by Order of the Ministry of Health, Labour and Welfare as an act under the provisions of the Companies Act (Act No. 86 of 2005) or other laws (hereinafter referred to in this paragraph as a "merger, etc."), and implements a defined-benefit corporate pension in which a covered employee whose retirement allowance mutual aid contract has been cancelled pursuant to the provisions of Article 8, paragraph (3), item (i) as a result of that merger, etc. is a participant, or a corporate-type pension plan in which that covered employee is a participant of a corporate-type pension plan, the Organization is to transfer to the asset management and investment institution, etc. or the asset management institution the amount equivalent to the cancellation refund pertaining to the covered employee whose consent has been obtained, on the basis of an application concerning the transfer of the amount equivalent to the cancellation refund to a defined-benefit corporate pension or corporate-type pension plan (limited to those specified by Order of the Ministry of Health, Labour and Welfare) that the mutual aid policyholder makes, with the consent of that covered employee, as provided by Order of the Ministry of Health, Labour and Welfare.
共済契約者が会社法(平成十七年法律第八十六号)その他の法律の規定による合併、会社分割その他の行為として厚生労働省令で定める行為(以下この項において「合併等」という。)をした場合であつて、当該合併等により退職金共済契約が第八条第三項第一号の規定に基づき解除された被共済者を加入者とする確定給付企業年金又は企業型年金加入者とする企業型年金を実施するときは、機構は、当該共済契約者が当該被共済者の同意を得て厚生労働省令で定めるところにより行う確定給付企業年金又は企業型年金(厚生労働省令で定めるものに限る。)への解約手当金に相当する額の移換に関する申出に基づき、資産管理運用機関等又は資産管理機関に当該同意を得た被共済者に係る解約手当金に相当する額を移換するものとする。
Where an application under the preceding paragraph has been made, the Organization is not to pay a cancellation refund to that covered employee, notwithstanding the provisions of Article 16, paragraph (1).
Where any of the following events occurs with respect to a covered employee who is the subject of an application under paragraph (1), the Organization pays a cancellation refund to that covered employee, notwithstanding the provisions of the preceding paragraph.
Where the covered employee's retirement or death has occurred before the defined-benefit corporate pension or defined contribution pension pertaining to the application under paragraph (1) is implemented;
In addition to the case set out in the preceding item, where an event specified by Order of the Ministry of Health, Labour and Welfare has occurred.
前号に掲げるときのほか、厚生労働省令で定める事由が生じたとき。
Section 7 Miscellaneous Provisions
第七節 雑則
Article 32Calculation of Fractions
第三十二条(端数計算)
Where the amount of a retirement allowance, etc. has a fraction of less than one yen, it is rounded up to one yen.
退職金等の額に一円未満の端数があるときは、これを一円に切り上げるものとする。
第三十三条(時効)
A right to receive payment of a retirement allowance, etc. is extinguished by prescription if it is not exercised for five years from the time when it becomes exercisable, and a right to receive payment of premiums and past service premiums and a right to receive a refund of premiums or past service premiums are extinguished by prescription if they are not exercised for two years from the time when they become exercisable.
退職金等の支給を受ける権利はこれらを行使することができる時から五年間、掛金及び過去勤務掛金の納付を受ける権利並びに掛金又は過去勤務掛金の返還を受ける権利はこれらを行使することができる時から二年間行使しないときは、時効によつて消滅する。
In the case where a bereaved family member who has the right to receive payment of a retirement allowance is unable to claim the retirement allowance because it is unknown whether a person of a prior or equal rank is alive or where that person is, the extinctive prescription of that right is not to be completed within six months from the day on which the claim becomes possible.
退職金の支給を受ける権利を有する遺族が先順位者又は同順位者の生死又は所在が不明であるために退職金の請求をすることができない場合には、その請求をすることができることとなつた日から六月以内は、当該権利の消滅時効は、完成しないものとする。
Article 34Special Provisions on Calculation of Periods
第三十四条(期間計算の特例)
In calculating the period for a claim for a retirement allowance, etc. or a claim for a refund of premiums or past service premiums, if the claim is made by mail or by correspondence delivery prescribed in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) provided by a general correspondence delivery operator prescribed in paragraph (6) of that Article or a specified correspondence delivery operator prescribed in paragraph (9) of that Article, the number of days required for sending is not counted in that period.
退職金等の請求又は掛金若しくは過去勤務掛金の返還の請求に係る期間を計算する場合において、その請求が郵便又は民間事業者による信書の送達に関する法律(平成十四年法律第九十九号)第二条第六項に規定する一般信書便事業者若しくは同条第九項に規定する特定信書便事業者による同条第二項に規定する信書便により行われたものであるときは、送付に要した日数は、その期間に算入しない。
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
mutual aid policyholdermachine translation
「共済契約者」
An employer (事業主) that is a party to 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 (6)· 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)
corporate-type pension planmachine translation
「企業型年金」
In Articles 31-3 and 31-4, a corporate-type pension plan as Article 2, paragraph (2) of the Defined Contribution Pension Act defines it: a pension plan that an employer whose place of business is covered by employees' pension insurance (厚生年金適用事業所) runs, alone or jointly with others, under Chapter II of that Act.
Short name set inArticle 17, paragraph (1)· applies only in this provision and in Articles 31-3 and 31-4
defined-benefit corporate pensionmachine translation
「確定給付企業年金」
In Articles 31-3 and 31-4, a defined-benefit corporate pension as Article 2, paragraph (1) of the Defined-Benefit Corporate Pension Act defines it: a pension plan that an employer whose place of business is covered by employees' pension insurance (厚生年金適用事業所) runs, alone or jointly with others, under Chapters II to XIII of that Act.
Short name set inArticle 17, paragraph (1)· applies only in this provision and in Articles 31-3 and 31-4
asset management institutionmachine translation
「資産管理機関」
In Article 17 and Articles 31-3 and 31-4, the asset management institution of a corporate-type pension plan (企業型年金) as defined in Article 2, paragraph (7), item (i), (b) of the Defined Contribution Pension Act: the other party to the contract the employer running the plan has concluded under Article 8, paragraph (1) of that Act.
Short name set inArticle 17, paragraph (1)· applies only in this provision and in Articles 31-3 and 31-4
asset management and investment institution, etc.machine translation
「資産管理運用機関等」
In Article 17 and Articles 31-3 and 31-4, an asset management and investment institution (資産管理運用機関) or a corporate pension fund (企業年金基金) as Article 30, paragraph (3) of the Defined-Benefit Corporate Pension Act names them: the body that pays a defined-benefit corporate pension's (確定給付企業年金) benefits once they are awarded.
Short name set inArticle 17, paragraph (1)· applies only in this provision and in Articles 31-3 and 31-4
participant of a corporate-type pension planmachine translation
「企業型年金加入者」
In Article 31-3, paragraphs (1) and (6) and Article 31-4, paragraph (1), a participant in a corporate-type pension plan (企業型年金) as Article 2, paragraph (8) of the Defined Contribution Pension Act defines it: a person for whom the employer running the plan pays contributions and who gives instructions on how their individual assets in it are invested.
Defined inArticle 31-3, paragraph (1)· applies only in this provision and in Article 31-3, paragraph (6); and Article 31-4, paragraph (1)
participantmachine translation
「加入者」
In Article 31-3, paragraphs (1) and (6) and Article 31-4, paragraph (1), a participant in a defined-benefit corporate pension plan (確定給付企業年金), as Article 2, paragraph (4) of the Defined-Benefit Corporate Pension Act names it.
Defined inArticle 31-3, paragraph (1)· applies only in this provision and in Article 31-3, paragraph (6); and Article 31-4, paragraph (1)
transferred amountmachine translation
「移換額」
In Article 31-3, the amount of the assets — the reserves or residual assets of a defined-benefit corporate pension (確定給付企業年金), or the individually managed assets of a corporate-type pension plan (企業型年金) — that the Organization (機構) receives by transfer for a covered employee (被共済者) who was a participant in such a plan.
Short name set inArticle 31-3, paragraph (2)· applies only in this article
remaining amount after interest calculationmachine translation
「計算後残余額」
In Article 31-3, paragraph (3), what is left of a transferred amount (移換額) from a corporate pension plan 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 the transfer to the month the covered employee (被共済者) left, or that remainder itself if they left in the month of the transfer; 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 31-3, paragraph (3), item (i)· applies only in this provision and in Article 31-3, paragraph (3), item (ii)
merger, etc.machine translation
「合併等」
In Article 31-4, paragraph (1), a merger, company split or other act under the Companies Act or another Act (法律) that an Order of the Ministry of Health, Labour and Welfare (厚生労働省令) specifies, done by a mutual aid policyholder (共済契約者).
Short name set inArticle 31-4, paragraph (1)· applies only in this paragraph
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.