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.
Supplementary Provisions, Article 11
第十一条
The payment rate under Article 10, paragraph (2), item (iii), (b) of the New Act for fiscal year 1999 is, notwithstanding Article 10, paragraph (3) of the New Act, to be determined pursuant to the provisions of paragraph (3).
平成十一年度に係る新法第十条第二項第三号ロの支給率は、同条第三項の規定にかかわらず、第三項の規定により定めるものとする。
The payment rate under Article 10, paragraph (2), item (iii), (b) of the New Act for each fiscal year from fiscal year 2000 onward is, where, at the time of determining the payment rate for that fiscal year, there is a covered employee for whom the specified hypothetical retirement allowance amount is to be calculated for that fiscal year (hereinafter referred to as a "transitional covered employee" in this Article), notwithstanding Article 10, paragraph (3) of the New Act, to be determined pursuant to the provisions of paragraph (4) for the payment rate for fiscal year 2000, and pursuant to the provisions of paragraph (5) for the payment rate for each fiscal year from fiscal year 2001 onward.
The payment rate under Article 10, paragraph (2), item (iii), (b) of the New Act and Article 7, item (iii), (b) of the Supplementary Provisions (referred to as the "provisions on the payment rate" in the following paragraph) for fiscal year 1999 is to be determined on the Effective Date by the Minister of Labour, as provided by Order of the Ministry of Labour, after hearing the opinion of the Small and Medium Sized Enterprise Retirement Allowance Mutual Aid Council, on the basis of the rate obtained by dividing the amount calculated as the part of the investment income for fiscal year 1998 that is to be applied to the payment of the amounts specified in Article 7, item (iii), (b) of the Supplementary Provisions by the total of the specified hypothetical retirement allowance amounts of those transitional covered employees who will have a calculation month in fiscal year 1999, and taking into account the estimated amount of investment income from fiscal year 1999 onward and other circumstances.
The payment rate under the provisions on the payment rate for fiscal year 2000 is to be determined by the end of fiscal year 1999 by the Minister of Labour, as provided by Order of the Ministry of Labour, after hearing the opinion of the Small and Medium Sized Enterprise Retirement Allowance Mutual Aid Council, on the basis of the rate obtained by dividing the amount calculated as the part of the investment income for fiscal year 1999 that is to be applied to the payment of the amounts specified in the provisions on the payment rate by the total of the hypothetical retirement allowance amounts prescribed in Article 10, paragraph (2), item (iii), (b) of the New Act and the specified hypothetical retirement allowance amounts of those, among covered employees for whom the amount of the retirement allowance is calculated by applying Article 10, paragraph (2) of the New Act and transitional covered employees, who will have a calculation month in fiscal year 2000, and taking into account the estimated amount of investment income from that fiscal year onward and other circumstances.
The payment rate under the provisions on the payment rate for each fiscal year from fiscal year 2001 onward is to be determined by the Minister of Health, Labour and Welfare, for each fiscal year, as provided by Order of the Ministry of Health, Labour and Welfare, by the end of the fiscal year preceding that fiscal year, after hearing the opinion of the Labour Policy Council, on the basis of the rate obtained by dividing the amount calculated as the part of the investment income for the fiscal year preceding that fiscal year that is to be applied to the payment of the amounts specified in the provisions on the payment rate by the total of the hypothetical retirement allowance amounts prescribed in Article 10, paragraph (2), item (iii), (b) of the New Act and the specified hypothetical retirement allowance amounts of those, among covered employees for whom the amount of the retirement allowance is calculated by applying Article 10, paragraph (2) of the New Act and transitional covered employees, who will have a calculation month in that fiscal year, and taking into account the estimated amount of investment income from that fiscal year onward and other circumstances.
Supplementary Provisions, Article 12
第十二条
The provisions of Article 10-3, paragraph (1) of the New Act apply to the payment of a retirement allowance relating to a covered employee who retires on or after the Effective Date, and the provisions then in force continue to govern the payment of a retirement allowance relating to a covered employee who retired before the Effective Date.
The provisions of Article 10-3, paragraph (5) of the New Act apply to covered employees other than a covered employee who retired before the Effective Date and who requested payment of the retirement allowance by installment payment by the date specified by Order of the Ministry of Labour (hereinafter referred to as a "specified retiree" in this paragraph), and the provisions then in force continue to govern the installment payment rate under paragraph (5) of that Article relating to a specified retiree.
Supplementary Provisions, Article 13
第十三条
The amount of the cancellation refund where a retirement allowance mutual aid contract that took effect before the Effective Date is cancelled is as provided in the following items.
The provisions then in force continue to govern the amount of the cancellation refund relating to a covered employee under a retirement allowance mutual aid contract cancelled before the Effective Date;
With respect to the amount of the cancellation refund relating to a covered employee under a retirement allowance mutual aid contract cancelled on or after the Effective Date, the provisions specified in (a) through (c) according to the category of covered employee set out in (a) through (c) apply mutatis mutandis. In this case, the phrase "converted number of months" in Article 7 of the Supplementary Provisions is deemed to be replaced with "converted number of months for the cancellation refund";
第八条被共済者 附則第八条の規定
第九条被共済者 附則第九条の規定
The amount of the cancellation refund paid to an Article 10 covered employee is, notwithstanding the preceding item, the amount obtained when, on the assumption that the Article 10 covered employee retired on the day on which the 1990 Act contract was cancelled, the provisions of Article 10, paragraph (1) of the Supplementary Provisions are applied;
Of the cancellation refund paid to an Article 7 covered employee for whom, for a retirement allowance mutual aid contract that took effect before April 1, 1991 (hereinafter referred to as the "current contract" in this item), the number of months of paid premiums relating to a retirement allowance mutual aid contract that took effect before the current contract took effect (hereinafter referred to as the "previous contract" in this item) is aggregated, and for whom the number of months of paid premiums per bracket before the Effective Date relating to the previous contract is 36 months or more, the amount of a cancellation refund that would be less than 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 accordance with the number of months obtained by adding, to the number of months of paid premiums per bracket obtained by aggregating, for the current contract, the number of months of paid premiums relating to the previous 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) is, notwithstanding item (ii), that total amount:
平成三年四月一日前に効力を生じた退職金共済契約(以下この号において「現契約」という。)について現契約が効力を生じる前に効力を生じた退職金共済契約(以下この号において「前契約」という。)に係る掛金納付月数を通算した第七条被共済者であって、前契約に係る施行日前区分掛金納付月数が三十六月以上のものに支給される解約手当金のうち、その額が、掛金月額区分ごとに、現契約について前契約に係る掛金納付月数を通算して得られる区分掛金納付月数に、次のイ又はロに掲げる掛金月額区分の区分に応じ、当該イ又はロに定める月数を加えた月数に応じ厚生労働省令で定めるところにより算定して得られる額を合算して得た額を下回ることとなる解約手当金の額は、第二号の規定にかかわらず、当該合算して得た額とする。
A monthly premium bracket for the part not exceeding 1,200 yen: on the assumption that the number of months of paid premiums relating to the previous contract has not been aggregated for the current contract, the number of months obtained by adding the converted number of months relating to the previous contract to the converted number of months for the cancellation refund relating to the current contract;
A monthly premium bracket for the part exceeding 1,200 yen: the converted number of months for the cancellation refund in the case where the number of months of paid premiums relating to the previous contract is aggregated for the current contract.
Supplementary Provisions, Article 14
第十四条
The amount of a retirement allowance in the case where a covered employee for whom, for a retirement allowance mutual aid contract that took effect on or after the Effective Date, the number of months of paid premiums relating to a retirement allowance mutual aid contract that took effect before the Effective Date is aggregated pursuant to Article 14 of the New Act retires, and the amount of a cancellation refund in the case where the retirement allowance mutual aid contract relating to that covered employee is cancelled, are, notwithstanding Article 10, paragraph (2) of the New Act (including as applied mutatis mutandis pursuant to Article 13, paragraph (3) of the New Act), the amounts specified in the following items according to the category of retirement allowance mutual aid contract that took effect before the Effective Date set out in those items.
A 1990 Act contract for which the number of months of paid premiums relating to a former Act contract has been aggregated, and a 1995 Act contract for which the number of months of paid premiums relating to that aggregated 1990 Act contract has been aggregated: the amount obtained when the provisions of Article 7 and Article 10, paragraph (1) of the Supplementary Provisions are applied on the assumption that the 1995 Act contract and the retirement allowance mutual aid contract that took effect on or after the Effective Date are 1990 Act contracts;
A 1995 Act contract for which the number of months of paid premiums relating to a former Act contract has been aggregated, and a 1995 Act contract for which the number of months of paid premiums relating to a 1990 Act contract has been aggregated (excluding the 1995 Act contract set out in the preceding item): the amount obtained when the provisions of Article 7 of the Supplementary Provisions are applied on the assumption that the 1995 Act contract and the retirement allowance mutual aid contract that took effect on or after the Effective Date are a former Act contract or a 1990 Act contract;
A retirement allowance mutual aid contract other than those set out in the preceding two items: the amount obtained when the provisions of Article 7 of the Supplementary Provisions are applied on the assumption that the retirement allowance mutual aid contract that took effect on or after the Effective Date is the retirement allowance mutual aid contract that took effect before the Effective Date relating to that aggregation.
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.
Supplementary Provisions, Article 16
第十六条
Where the amount of a retirement allowance and the amount of a cancellation refund calculated pursuant to the provisions of Article 7 through the preceding Article of the Supplementary Provisions has a fraction of less than one yen, it is rounded up to one yen.
附則第七条から前条までの規定により算定される退職金の額及び解約手当金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。
Supplementary Provisions, Article 17Transitional Measures Concerning Prescription
第十七条(時効に関する経過措置)
The provisions then in force continue to govern the extinctive prescription of the right to receive a refund of application money that arose before the Effective Date, and of the right to receive a refund of application money that arose on or after the Effective Date in the case where the provisions then in force are to continue to govern pursuant to the provisions of Article 2 of the Supplementary Provisions.
Supplementary Provisions, Article 18Delegation to Cabinet Order
第十八条(政令への委任)
Beyond what is provided for in Article 2 through the preceding Article of the Supplementary Provisions, the transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
附則第二条から前条までに定めるもののほか、この法律の施行に関し必要な経過措置は、政令で定める。
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
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)
fiscal yearmachine translation
「年度」
The fiscal year, from 1 April to 31 March of the following year.
Defined inArticle 10, paragraph (2), item (iii), (b)
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)
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)
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
specified hypothetical retirement allowance amountmachine translation
「特定仮定退職金額」
In Articles 7 and 11 of the supplementary provisions (附則) of Act No. 46 of 1998, the sum of the amounts under Article 7, item (iii), (a)(1) or (2) of those supplementary provisions for the months of paid premiums per bracket (区分掛金納付月数) from the month the retirement allowance mutual aid contract (退職金共済契約) took effect up to a calculation month (計算月) in or after April 1999; multiplied by that year's payment rate (支給率), it gives part of the extra amount added to the retirement allowance (退職金).
Short name set inSupplementary Provisions, Article 7, paragraph (1), item (iii), (b), (1)· applies only in this provision and in Supplementary Provisions, Article 11
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
transitional covered employeemachine translation
「経過措置被共済者」
In Article 11 of the supplementary provisions (附則) of Act No. 63 of 1995 and of Act No. 46 of 1998, a covered employee (被共済者) for whom a specified hypothetical retirement allowance amount (特定仮定退職金額) is to be worked out in the fiscal year whose payment rate (支給率) is being set; while there are any, the rate is set under that Article's transitional rules.
Short name set inSupplementary Provisions, Article 11, paragraph (2)· applies only in this article
provisions on the payment ratemachine translation
「支給率に関する規定」
In Article 11 of the supplementary provisions (附則) of Act No. 63 of 1995 and of Act No. 46 of 1998, Article 10, paragraph (2), item (iii), (b) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as each of those Acts amended it, together with Article 7, item (iii), (b) of that Act's own supplementary provisions: the provisions whose payment rate (支給率) Article 11 has set by special rules.
Short name set inSupplementary Provisions, Article 11, paragraph (3)· applies only in this provision and in Supplementary Provisions, Article 11, paragraph (4)
specified retireemachine translation
「特定退職者」
In Article 12, paragraph (2) of the supplementary provisions (附則) of Act No. 46 of 1998, a covered employee (被共済者) who left before 1 April 1999, when that Act came into effect, and asked by a day an Order of the Ministry of Labour (労働省令) sets for their retirement allowance (退職金) to be paid in installments; the installment payment rate (分割支給率) of the earlier rules continues to apply to them.
Short name set inSupplementary Provisions, Article 12, paragraph (2)· applies only in this paragraph
previous contractmachine translation
「前契約」
In Article 13, paragraph (1), item (iv) of the supplementary provisions (附則) of Act No. 63 of 1995 and of Act No. 46 of 1998, a retirement allowance mutual aid contract (退職金共済契約) that took effect before the current contract (現契約) did — the current contract being one that took effect before 1 April 1991 — and whose months of paid premiums are added to the current contract's.
Short name set inSupplementary Provisions, Article 13, paragraph (1), item (iv)· applies only in this item
current contractmachine translation
「現契約」
In Article 13, paragraph (1), item (iv) of the supplementary provisions (附則) of Act No. 63 of 1995 and of Act No. 46 of 1998, a retirement allowance mutual aid contract (退職金共済契約) that took effect before 1 April 1991; the item deals with one to which the months of paid premiums of a previous contract (前契約) are added.
Short name set inSupplementary Provisions, Article 13, paragraph (1), item (iv)· applies only in this item
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.
Labor Policy Council
労働政策審議会
A council (審議会) attached to the Ministry of Health, Labour and Welfare (Act for Establishment of the Ministry of Health, Labour and Welfare, Article 6, paragraph (1)). At the Minister of Health, Labour and Welfare's request it studies and deliberates on important matters of labour policy (and, at that Minister's or the Minister of Economy, Trade and Industry's request, on preventing pneumoconiosis (じん肺)), gives its opinion on them to the Minister or the administrative bodies concerned, and handles the matters the labour laws assign to it (Article 9, paragraph (1) of that Act). It has thirty members, whom the Minister appoints in equal numbers from those representing workers, employers and the public interest, and temporary and expert members may be added for particular matters (Cabinet Order (政令) on the Labor Policy Council (労働政策審議会令), Articles 2 and 3).
Written by AI using Act for Establishment of the Ministry of Health, Labour and Welfare, Arts. 6, 9 and Cabinet Order on the Labor Policy Council, Arts. 2, 3 as a reference.