Supplementary Provisions, Article 10
第十条
Of the retirement allowances paid where an Article 7 covered employee (referred to as an "Article 10 covered employee" in Article 13 of the Supplementary Provisions) under a 1990 Act contract for which the number of months of paid premiums relating to a former Act contract has been aggregated (hereinafter referred to as an "Article 10 contract" in this paragraph) retires on or after the Effective Date, the amount of a retirement allowance that would be less than the greater of the amounts set out below is, notwithstanding Article 7 of the Supplementary Provisions, that greater amount.
The amount obtained by adding together, for each monthly premium bracket, the amounts calculated, as provided by Order of the Ministry of Health, Labour and Welfare, in the same way as under Article 7 of the Supplementary Provisions in accordance with the number of months obtained by adding, to the number of months of paid premiums per bracket relating to the Article 10 contract, the number of months specified in (a) or (b) below according to the category of monthly premium bracket set out in (a) or (b);
A monthly premium bracket for the part not exceeding the former highest monthly premium: on the assumption that the number of months of paid premiums relating to a former Act contract has not been aggregated for the 1990 Act contract, the number of months obtained by adding the converted number of months relating to the former Act contract to the converted number of months relating to that 1990 Act contract;
A monthly premium bracket for the part exceeding the former highest monthly premium: the converted number of months relating to the Article 10 contract;
On the assumption that the number of months of paid premiums relating to a former Act contract has not been aggregated for the 1990 Act contract, the amount obtained by adding, to the total of principal and interest obtained by calculating compound interest at 4.5 percent per annum (5 percent per annum for the period equivalent to the number of months of paid premiums relating to the 1990 Act contract before April 1996), for the period equivalent to the number of months of paid premiums relating to the 1990 Act contract before April 1999, on the amount obtained as the amount of the retirement allowance relating to the former Act contract by calculating it as provided by Cabinet Order, the amount obtained as the amount of the retirement allowance relating to the 1990 Act contract by calculating it pursuant to the provisions of Article 7 of the Supplementary Provisions.
With respect to a 1995 Act contract for which the number of months of paid premiums relating to a 1990 Act contract has been aggregated, the provisions of the preceding paragraph and Article 13 of the Supplementary Provisions are applied on the assumption that that 1995 Act contract is a 1990 Act contract.
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
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)
the Effective Datemachine translation
「施行日」
The date Act No. 46 of 1998, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
monthly premium bracketmachine translation
「掛金月額区分」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 46 of 1998, each of the successive 100-yen brackets into which a monthly premium (掛金月額) is divided.
Short name set inSupplementary Provisions, Article 4, paragraph (1), item (iv)
Article 7 covered employeemachine translation
「第七条被共済者」
In Articles 7, 10 and 13 of the supplementary provisions (附則) of Act No. 46 of 1998, a covered employee (被共済者) under a retirement allowance mutual aid contract (退職金共済契約) that took effect before 1 April 1999, when that Act came into effect, for whom no past service premium (過去勤務掛金) has ever been paid; Article 7 sets their retirement allowance (退職金) if they leave on or after that date.
Short name set inSupplementary Provisions, Article 7, paragraph (1)· applies only in this article and in Supplementary Provisions, Articles 10 and 13
Article 10 contractmachine translation
「第十条契約」
In Article 10, paragraph (1) of the supplementary provisions (附則) of Act No. 46 of 1998, a 1990 Act contract (二年法契約) to which the months of paid premiums of a former Act contract (旧法契約) have been added.
Short name set inSupplementary Provisions, Article 10, paragraph (1)· applies only in this paragraph
Article 10 covered employeemachine translation
「第十条被共済者」
In Articles 10 and 13 of the supplementary provisions (附則) of Act No. 46 of 1998, an Article 7 covered employee (第七条被共済者) of an Article 10 contract (第十条契約) — a 1990 Act contract (二年法契約) to which the months of paid premiums of a former Act contract (旧法契約) have been added; their retirement allowance (退職金) if they leave on or after 1 April 1999 is no less than the larger of the two amounts Article 10 sets.
Short name set inSupplementary Provisions, Article 10, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 13