Supplementary Provisions

This Act comes into effect on April 1, 1998; provided, however, that the provisions of the following Article through Article 9 of the Supplementary Provisions and Article 14 of the Supplementary Provisions come into effect on the date of promulgation.

①The Minister of Labour designates the persons who are to become the president or an auditor of the Workers' Retirement Allowance Mutual Aid Organization of Chapter VI of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as amended (hereinafter referred to as the "New Act") (hereinafter referred to as the "Organization").

②A person designated pursuant to the preceding paragraph as the person who is to become the president or an auditor is deemed to have been appointed president or auditor, respectively, pursuant to Article 53, paragraph (1) of the New Act at the time of the establishment of the Organization.

①The Minister of Labour appoints founding committee members and has them handle the affairs prescribed in the following paragraph and other affairs relating to the establishment of the Organization.

②The founding committee members must, after deliberation by the management board established for each specified industry in the specified-industry retirement allowance mutual aid association before its dissolution pursuant to Article 6, paragraph (1) of the Supplementary Provisions (hereinafter referred to as the "Association"), prepare the specified-industry retirement allowance mutual aid rules and the business rules, and obtain the authorization of the Minister of Labour.

③When the Minister of Labour intends to give the authorization under the preceding paragraph, the Minister must in advance consult the Minister of Finance in the case of the specified-industry retirement allowance mutual aid rules, and the Minister of Finance and the Minister of International Trade and Industry in the case of the business rules.

④The specified-industry retirement allowance mutual aid rules or the business rules prepared pursuant to paragraph (2) become, at the time of the establishment of the Organization, the Organization's specified-industry retirement allowance mutual aid rules prescribed in Article 67, paragraph (1) of the New Act or the Organization's business rules prescribed in Article 68, paragraph (1) of the New Act, respectively.

⑤When the founding committee members have completed the preparations for the establishment of the Organization, they must without delay notify the Minister of Labour to that effect and hand over their affairs to the person designated pursuant to paragraph (1) of the preceding Article as the person who is to become the president.

When the notification under paragraph (5) of the preceding Article has been made, the Organization is established on April 1, 1998.

①The Small and Medium Enterprise Retirement Allowance Mutual Aid Corporation (hereinafter referred to as the "Corporation") is dissolved at the time of the establishment of the Organization, and all its rights and obligations are succeeded to by the Organization at that time.

②The provisions then in force continue to govern the settlement of accounts of the Corporation for the business year beginning on April 1, 1997, and its inventory of property, balance sheet and profit and loss statement.

③When the Organization has succeeded to the rights and obligations of the Corporation pursuant to paragraph (1), the assets and liabilities of the Corporation are to be attributed to the account for general small and medium-sized enterprise retirement allowance mutual aid operations established pursuant to Article 75, paragraph (1) of the New Act.

④The registration of dissolution in the case where the Corporation is dissolved pursuant to paragraph (1) is specified by Cabinet Order.

①The Association is dissolved at the time of the establishment of the Organization, and all its rights and obligations are succeeded to by the Organization at that time.

②The provisions then in force continue to govern the settlement of accounts of the Association for the business year beginning on April 1, 1997, and its inventory of property, balance sheet and profit and loss statement.

③When the Organization has succeeded to the rights and obligations of the Association pursuant to paragraph (1), the assets and liabilities of the Association belonging, at the time of that succession, to the special accounts established for each specified industry pursuant to Article 76-3 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act before amendment (hereinafter referred to as the "Former Act") (referred to as the "specified-industry special accounts" in the following paragraph) are to be attributed, respectively, to the account for specified-industry retirement allowance mutual aid operations established pursuant to Article 75, paragraph (1) of the New Act (referred to as the "specified-industry account" in the following paragraph) that relates to the specified industry in question.

④When the Organization has succeeded to the rights and obligations of the Association pursuant to paragraph (1), the assets and liabilities of the Association belonging, at the time of that succession, to an account other than a specified-industry special account are to be attributed to the specified-industry account with the approval of the Minister of Labour.

⑤When the Minister of Labour intends to give the approval under the preceding paragraph, the Minister must in advance consult the Minister of Finance.

⑥Where, among the property succeeded to by the Organization pursuant to paragraph (1), there is property that an employer of a business belonging to a specified industry prescribed in Article 77 of the Former Act contributed to the Association otherwise than under a specified-industry retirement allowance mutual aid contract, the Organization must manage and invest that property pursuant to Article 77 of the New Act.

⑦The registration of dissolution in the case where the Association is dissolved pursuant to paragraph (1) is specified by Cabinet Order.

①No registration and license tax is imposed on the registration of real property accompanying the succession to rights by the Organization pursuant to Article 5, paragraph (1) of the Supplementary Provisions and paragraph (1) of the preceding Article.

②Where the Organization succeeds to rights pursuant to Article 5, paragraph (1) of the Supplementary Provisions and paragraph (1) of the preceding Article, real property acquisition tax, special land holding tax imposed on the acquisition of land, or automobile acquisition tax may not be imposed on the acquisition of the real property or automobiles relating to that succession.

③Special land holding tax imposed on land may not be imposed on land, among the land to which the Organization has succeeded the rights pursuant to Article 5, paragraph (1) of the Supplementary Provisions and paragraph (1) of the preceding Article and which it continues to hold, that the Corporation acquired before January 1, 1969, or to which the Association succeeded the rights pursuant to Article 5, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act (Act No. 38 of 1981) (limited to land acquired before January 1, 1969 by the specified-industry retirement allowance mutual aid association under Chapter V, Section 2 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act before the amendment by that Act, which was dissolved pursuant to that paragraph).

With respect to a person that is actually using the name "Workers' Retirement Allowance Mutual Aid Organization" at the time this Act comes into effect, the provisions of Article 49 of the New Act do not apply for six months after this Act comes into effect.

With respect to the business plan and budget for the first business year of the Organization, the phrase "before the start of the business year in question" in Article 72 of the New Act is deemed to be replaced with "without delay after the establishment of the Organization".

①A retirement allowance mutual aid contract or specified-industry retirement allowance mutual aid contract prescribed in Article 2, paragraph (3) or (5) of the Former Act that was concluded pursuant to the provisions of the Former Act is deemed to be a retirement allowance mutual aid contract or specified-industry retirement allowance mutual aid contract prescribed in Article 2, paragraph (3) or (5) of the New Act, respectively.

②A person who, at the time this Act comes into effect, was a mutual aid policyholder or covered employee prescribed in Article 2, paragraph (6) or (7) of the Former Act is deemed to be a person who was a mutual aid policyholder or covered employee prescribed in Article 2, paragraph (6) or (7) of the New Act, respectively.

①Dispositions, procedures and other acts carried out pursuant to the provisions of the Former Act (excluding Articles 36, 71 and 74) are deemed to be dispositions, procedures and other acts carried out pursuant to the corresponding provisions of the New Act.

②With respect to the notification of matters that must be notified pursuant to the provisions of Articles 26 and 87 of the Former Act concerning matters that arose before the date on which this Act comes into effect, the provisions then in force continue to govern. In this case, the term "the Corporation" in Article 26 of the Former Act is deemed to be replaced with "the Organization", and the term "the Association" in Article 87 of the Former Act with "the Organization".

①A transfer made, pursuant to Article 83-3, paragraph (1) of the Former Act, from the special account for specified industry A established pursuant to Article 76-3 of the Former Act to the special account for specified industry B established pursuant to that Article is deemed to be a transfer made, pursuant to Article 35, paragraph (1) of the New Act, from the account for specified industry A established pursuant to Article 75, paragraph (1) of the New Act to the account for specified industry B established pursuant to that paragraph, and Article 35, paragraph (2) of the New Act applies accordingly.

②A delivery made from the Corporation to the Association pursuant to Article 94, paragraph (1) of the Former Act is deemed to be a transfer made, pursuant to Article 44, paragraph (1) of the New Act, from the account for general small and medium-sized enterprise retirement allowance mutual aid operations established pursuant to Article 75, paragraph (1) of the New Act to the account for specified-industry retirement allowance mutual aid operations established pursuant to that paragraph that relates to the specified industry in question, and Article 44, paragraph (2) of the New Act applies accordingly.

③A delivery made from the Association to the Corporation pursuant to Article 94, paragraph (1) of the Former Act, in the case where it is governed by Article 94, paragraph (4) of the Former Act, is deemed to be a transfer made, pursuant to Article 44, paragraph (1) of the New Act, in the case where it is governed by Article 44, paragraph (4) of the New Act, from the account for specified-industry retirement allowance mutual aid operations established pursuant to Article 75, paragraph (1) of the New Act that relates to the specified industry in question to the account for general small and medium-sized enterprise retirement allowance mutual aid operations established pursuant to Article 75, paragraph (1) of the New Act, and Article 44, paragraph (2) of the New Act, in the case where it is governed by Article 44, paragraph (4) of the New Act, applies accordingly.

As to the applicability of penal provisions to acts which a person conducts before this Act comes into effect, and the applicability of penal provisions to acts which a person conducts after this Act comes into effect in cases where the provisions then in force continue to govern pursuant to the Supplementary Provisions of this Act, the provisions then in force continue to govern.

In addition to what is provided for in Article 5 through the preceding Article of the Supplementary Provisions, necessary transitional measures for the enforcement of this Act are specified by Cabinet Order.