Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Act comes into effect on December 1, 1970; provided, however, that the provisions amending Article 10, paragraph (2) to add a proviso, the provisions amending Article 82, and the provisions of Article 3 of the Supplementary Provisions come into effect on the date of promulgation.
この法律は、昭和四十五年十二月一日から施行する。ただし、第十条第二項にただし書を加える改正規定及び第八十二条の改正規定並びに附則第三条の規定は、公布の日から施行する。
Supplementary Provisions, Article 3Transitional Measures Concerning Retirement Allowances
第三条(退職金に関する経過措置)
The provisions of the proviso to Article 10, paragraph (2) and the proviso to Article 82, paragraph (1) of the New Act apply to retirement allowances for persons who die on or after the date of enforcement of the provisions amending Article 10, paragraph (2) to add a proviso and the provisions amending Article 82, and the provisions then in force continue to govern retirement allowances for persons who die before that date.
新法第十条第二項ただし書及び第八十二条第一項ただし書の規定は、第十条第二項にただし書を加える改正規定及び第八十二条の改正規定の施行の日以後に死亡した者に係る退職金について適用し、同日前に死亡した者に係る退職金については、なお従前の例による。
Supplementary Provisions, Article 4
第四条
The provisions of the items of Article 10, paragraph (2) and Appended Table 1 of the New Act apply to retirement allowances for persons who retire on or after the Effective Date, and the provisions then in force continue to govern retirement allowances for persons who retire before that date.
新法第十条第二項各号及び別表第一の規定は、施行日以後に退職した者に係る退職金について適用し、同日前に退職した者に係る退職金については、なお従前の例による。
Supplementary Provisions, Article 5
第五条
The amount of the retirement allowance for a covered employee under a retirement allowance mutual aid contract under which premiums have at any time been paid at a monthly premium of less than 400 yen, who retires on or after the Effective Date, is, notwithstanding Article 10, paragraph (2) of the New Act, the total of the amounts calculated under each of the following items (if the amount has a fraction of less than one yen, it is rounded up to one yen); provided, however, that where the retirement is due to death and that total is less than the total amount of premiums paid, the amount of the retirement allowance is the amount equivalent to the total amount of premiums paid.
for each 100 yen of a monthly premium of 400 yen or less, one quarter of the amount specified in the middle column of Appended Table 1 of the New Act according to the number of months for which premiums were paid (where, among the number of months for which premiums were paid, there are months relating to a period during which the mutual aid policyholder was an employer other than a small and medium-sized enterprise, the amount obtained by adding, to the amount specified in the right-hand column of that table according to the number of months for which premiums were paid, the amount obtained by subtracting the amount specified in the right-hand column from one quarter of the amount specified in the middle column of that table according to the number of months for which premiums were paid relating to the period during which the mutual aid policyholder was a small and medium-sized enterprise);
for each 100 yen of a monthly premium exceeding 400 yen, the amount specified in the right-hand column of that table according to the number of months for which premiums were paid.
四百円をこえる掛金月額について、その百円ごとに、掛金の納付があつた月数に応じ同表の下欄に定める金額
Supplementary Provisions, Article 6Transitional Measures Concerning the State Subsidy
第六条(国の補助に関する経過措置)
With regard to the application of Article 95, item (i) of the New Act to a person who retired before the Effective Date, the phrase "Appended Table 1" in that item is deemed to be replaced with "Appended Table 1 prior to the amendment by the Act Partially Amending the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act (Act No. 41 of 1970)".
施行日前に退職した者に関する新法第九十五条第一号の規定の適用については、同号中「別表第一」とあるのは、「中小企業退職金共済法の一部を改正する法律(昭和四十五年法律第四十一号)による改正前の別表第一」とする。
With regard to the application of Article 95, item (i) of the New Act to a person prescribed in the preceding Article, the phrase "limited to those relating to; the same applies hereinafter in this item" in that item is deemed to be replaced with "limited to those relating to", the phrase "the amount specified in the middle column of Appended Table 1 according to the number of months of paid premiums" is deemed to be replaced with "for each 100 yen of a monthly premium of 400 yen or less, with respect to those for which the number of months for which premiums were paid (limited to those relating to a period during which the mutual aid policyholder was a small and medium-sized enterprise; the same applies hereinafter) is 36 or more, one quarter of the amount specified in the middle column of Appended Table 1 according to the number of months for which premiums were paid", and the phrase "the number of months of paid premiums is" is deemed to be replaced with "the number of months for which premiums were paid is".
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
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
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)