Supplementary Provisions

This Act comes into effect on October 1, 2003; provided, however, that the provisions of the following Article and Articles 14 and 16 of the Supplementary Provisions come into effect as of the date of promulgation.

①The Workers' Retirement Allowance Mutual Aid Organization (hereinafter referred to as the "former Organization") is to be dissolved at the time of the establishment of the Organization for Workers' Retirement Allowance Mutual Aid (hereinafter referred to as the "new Organization"), and all of its rights and obligations are succeeded to by the new Organization at that time.

②The business year that includes the day preceding the date of dissolution of the former Organization is to end on that day.

③The provisions then in force continue to govern the settlement of accounts, and the inventory of property, balance sheet and profit and loss statement, for the business year that includes the day preceding the date of dissolution of the former Organization. In this case, the deadline for completing that settlement of accounts is the day on which four months have elapsed from the date of dissolution.

④When the new Organization has succeeded to the rights and obligations of the former Organization pursuant to the provisions of paragraph (1), if, at the time of the succession, the value of the assets succeeded to from an account set out in the following items exceeds the amount of the liabilities, the amount equivalent to the difference is to be treated as a reserve fund belonging to the account specified in the relevant item, and if the value of the assets succeeded to from an account set out in those items falls below the amount of the liabilities, the amount equivalent to the difference is to be treated as a carried-forward loss belonging to the account specified in the relevant item, in each case respectively.

⑤The value of the assets referred to in the preceding paragraph is the value assessed by the appraisal committee members on the basis of the market price as of the date this Act comes into effect.

⑥The appraisal committee members referred to in the preceding paragraph and other matters necessary for the appraisal are specified by Cabinet Order.

⑦With regard to property that the new Organization has succeeded to pursuant to the provisions of paragraph (1) and that an employer of a business belonging to a specified industry prescribed in Article 77 of the Former Act has contributed otherwise than under a specified-industry retirement allowance mutual aid contract, the new Organization must manage and invest it pursuant to the provisions of Article 76 of the New Act.

⑧The registration of dissolution in the case where the former Organization has been dissolved pursuant to the provisions of paragraph (1) is specified by Cabinet Order.

In order to have the new Organization carry out its operations reliably, when establishing the Cabinet Order referred to in Article 10, paragraph (2), items (i) and (ii) and item (iii), (a) of the New Act, full consideration is, for the time being, to be given, in addition to the matters prescribed in paragraph (3) of that Article, to ensuring the financial soundness of the retirement allowance mutual aid business for small and medium-sized enterprises relating to retirement allowance mutual aid contracts.

①The new Organization must obtain the deliberation of the management board for the specified industry concerned on the following matters concerning the administration of the specified-industry retirement allowance mutual aid operations:

②The specified-industry retirement allowance mutual aid rules do not take effect unless the authorization of the Minister of Health, Labour and Welfare is obtained.

Until the collection of the claims prescribed in Article 10 of the Supplementary Provisions of the Act Partially Amending the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act (Act No. 39 of 2002; hereinafter referred to as the "2002 Amendment Act") is completed, the new Organization is to carry out the operations of managing and collecting those claims, in addition to the operations prescribed in Article 70 of the New Act.

①The new Organization may, with the authorization of the Minister of Health, Labour and Welfare, entrust part of the operations prescribed in the preceding Article to a financial institution.

②When the Minister of Health, Labour and Welfare intends to give the authorization referred to in the preceding paragraph, the Minister must consult with the Minister of Finance.

③Notwithstanding the provisions of other laws, a financial institution may receive entrustment pursuant to the provisions of paragraph (1) and the following Article and perform the operations in question.

④An officer or employee of a financial institution entrusted with operations pursuant to the provisions of paragraph (1) who engages in the operations so entrusted is deemed to be an employee engaged in public service pursuant to laws and regulations, for the purpose of the application of the Penal Code (Act No. 45 of 1907) and other penal provisions.

With respect to the entrustment to a financial institution of part of the operations prescribed in Article 10 of the Supplementary Provisions of the 2002 Amendment Act that the former Organization, pursuant to Article 11, paragraph (1) of the Supplementary Provisions of the 2002 Amendment Act and with the authorization referred to in that paragraph, is actually carrying out at the time this Act comes into effect, it is deemed to be an entrustment that the new Organization is carrying out in relation to a financial institution pursuant to the provisions of paragraph (1) of the preceding Article.

①To the extent necessary to ensure the proper operation of the operations prescribed in Article 5 of the Supplementary Provisions, the Minister of Health, Labour and Welfare may have a financial institution entrusted with operations pursuant to the provisions of Article 6, paragraph (1) of the Supplementary Provisions or the preceding Article (hereinafter referred to as an "entrusted financial institution") report on the operations so entrusted, or have officials enter the offices of an entrusted financial institution and inspect the status of the operations so entrusted, or books, documents and other necessary articles concerning those operations.

②An official who conducts an on-site inspection under the provisions of the preceding paragraph must carry a certificate showing the official's status and present it to the persons concerned.

③The authority to conduct on-site inspections under paragraph (1) must not be construed as being vested for criminal investigation.

In the case where the new Organization carries out the operations prescribed in Article 5 of the Supplementary Provisions pursuant to the provisions of that Article, the term "this Act" in Article 91, item (i) of the New Act is deemed to be replaced with "this Act or the Act Partially Amending the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act (Act No. 164 of 2002; hereinafter referred to as the "Partial Amendment Act")", and the term "Article 70" in item (ii) of that Article with "Article 70 and Article 5 of the Supplementary Provisions of the Partial Amendment Act".

In the case where a person fails to make the report under Article 8, paragraph (1) of the Supplementary Provisions or makes a false report, or refuses, obstructs or evades the inspection under that paragraph, the officer or employee of the entrusted financial institution who committed the violation is subject to a non-penal fine of 200,000 yen or less.

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 53 and 64) are deemed to be dispositions, procedures and other acts carried out pursuant to the corresponding provisions of the General Rules Act or the New Act.

②With respect to the notification of matters that must be notified pursuant to the provisions of Articles 26 and 39 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 Organization" in those provisions is deemed to be replaced with "the Organization for Workers' Retirement Allowance Mutual Aid".

①A transfer made, pursuant to Article 35, paragraph (1) of the Former Act, from the account for specified industry A established pursuant to Article 75, paragraph (1) of the Former Act to the account for specified industry B established pursuant to that paragraph is deemed to be a transfer made, pursuant to Article 46, paragraph (1) of the New Act, from the account for specified industry A established pursuant to Article 74, paragraph (1) of the New Act to the account for specified industry B established pursuant to that paragraph, and Article 46, paragraph (2) of the New Act applies accordingly.

②A transfer made, pursuant to Article 44, paragraph (1) of the Former 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 Former 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 is deemed to be a transfer made, pursuant to Article 55, 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 74, 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 55, paragraph (2) of the New Act applies accordingly.

③A transfer made, pursuant to Article 44, paragraph (1) of the Former Act in the case where it is governed by Article 44, paragraph (4) of the Former Act, from the account for specified-industry retirement allowance mutual aid operations established pursuant to Article 75, paragraph (1) of the Former 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 that paragraph is deemed to be a transfer made, pursuant to Article 55, paragraph (1) of the New Act in the case where it is governed by Article 55, paragraph (4) of the New Act, from the account for specified-industry retirement allowance mutual aid operations established pursuant to Article 74, 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 that paragraph, and Article 55, paragraph (2) of the New Act in the case where it is governed by Article 55, paragraph (4) of the New Act applies accordingly.

With respect to procedures for the establishment of the Organization before the date on which this Act comes into effect, the competent minister, the competent ministry and the order of the competent ministry under the General Rules Act with respect to the Organization are the Minister of Health, Labour and Welfare, the Ministry of Health, Labour and Welfare and an Order of the Ministry of Health, Labour and Welfare, respectively.

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 2 through the preceding Article of the Supplementary Provisions, transitional measures necessary in connection with the establishment of the new Organization and other transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.