Supplementary Provisions, Article 15
第十五条
In the case of a covered employee falling under the provisions of the preceding Article for whom the Workers' Retirement Allowance Mutual Aid Organization has made the acceptance under Article 21-5, paragraph (1) of the New Act, the amount of the retirement allowance when that covered employee retires, and the amount of the cancellation refund when the retirement allowance mutual aid contract relating to that covered employee is cancelled, are, notwithstanding the provisions of Article 21-5, paragraph (2), item (ii) of the New Act (including the case where it is to be followed pursuant to Article 21-5, paragraph (3) of the New Act), the amount obtained by adding the accepted amount after interest calculation prescribed in Article 21-5, paragraph (2), item (ii), (a) of the New Act to the amount calculated pursuant to the provisions of the preceding Article.
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
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
the New Actmachine translation
「新法」
This Act as amended by Act No. 46 of 1998.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
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.