Supplementary Provisions

This Act comes into effect on April 1, 2002.

①If a small and medium-sized enterprise prescribed in Article 2, paragraph (1) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act (hereinafter simply referred to as a "small and medium-sized enterprise" in this Article) that has concluded a qualified retirement pension contract prescribed in Article 20, paragraph (3) of the Supplementary Provisions of the New Corporation Tax Act concludes, by March 31, 2012, a retirement allowance mutual aid contract prescribed in Article 2, paragraph (3) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act (hereinafter simply referred to as a "retirement allowance mutual aid contract" in this Article) with the employees it employs as covered employees, and the other party to that qualified retirement pension contract concludes with the Organization for Workers' Retirement Allowance Mutual Aid, an incorporated administrative agency (hereinafter referred to as "the Organization" in this Article) a contract under which it promises, with respect to the persons who have become covered employees under that retirement allowance mutual aid contract, to hand over to the Organization an amount within the limit of the covered employee's share under that qualified retirement pension contract (meaning the amount calculated, by the method specified by Order of the Ministry of Health, Labour and Welfare, as that covered employee's share out of the portion borne by the small and medium-sized enterprise of the value of the trust property, the amount equivalent to the insurance reserves or the amount equivalent to the mutual aid premium reserves pertaining to that qualified retirement pension contract), and other matters specified by Order of the Ministry of Health, Labour and Welfare, that other party is to hand over that amount (hereinafter referred to as the "amount to be handed over" in this Article) to the Organization as provided in the contract with the Organization.

②With regard to the amount specified by Cabinet Order, out of the amount to be handed over, in consideration of the monthly premium as of the date on which that retirement allowance mutual aid contract took effect and other circumstances, the number of months specified by Cabinet Order is to be added to the number of months of paid premiums for the covered employee under that retirement allowance mutual aid contract, as provided by Order of the Ministry of Health, Labour and Welfare. In this case, the number of months to be added may not exceed the number of months of the period during which the person who has become the covered employee under that retirement allowance mutual aid contract was a beneficiary, etc. of a transferred qualified retirement pension under a qualified retirement pension contract.

③The amount of the retirement allowance payable when a covered employee under that retirement allowance mutual aid contract who has the remaining amount obtained by deducting the amount specified by Cabinet Order referred to in the preceding paragraph from the amount to be handed over retires is, notwithstanding the provisions of the proviso to Article 10, paragraph (1) and Article 10, paragraph (2) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act, the amount specified in the following items in accordance with the category of the number of months of paid premiums after the addition under the provisions of the preceding paragraph listed in those items:

④The amount of the cancellation refund payable when the retirement allowance mutual aid contract pertaining to a covered employee under that retirement allowance mutual aid contract who has the remaining amount referred to in the preceding paragraph is cancelled is, notwithstanding the provisions of Article 16, paragraph (3) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act, the amount calculated in accordance with the provisions of the preceding paragraph.

⑤With regard to a covered employee under a retirement allowance mutual aid contract for whom the amount to be handed over has been handed over to the Organization pursuant to the provisions of paragraph (1), the small and medium-sized enterprise may not, notwithstanding the provisions of Article 27, paragraph (1) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act, make the request referred to in that paragraph.

The provisions then in force continue to govern the application of penal provisions to conduct engaged in before this Act (or, for the provisions set forth in the items of Article 1 of the Supplementary Provisions, those provisions) comes into effect.

Beyond what is provided for in these Supplementary Provisions, transitional measures necessary incidental to the enforcement of this Act are specified by Cabinet Order.