Article 12Insurance Premium Rate for General Insurance Premiums

①The insurance premium rate for the general insurance premiums are as follows:

②The industrial accident insurance rate is required to be of the value that allows the maintenance of a balanced finance pertaining to the industrial accident insurance business into the future, in light of the prospective amount of the costs required for the insurance benefits and the services for promoting re-integration into society under the provisions of the Industrial Accident Insurance Act, and as specified by Cabinet Order, the rate is prescribed by the Minister of Health, Labour and Welfare by taking into consideration of the injury rate pertaining to occupational accidents (meaning the occupational accident set forth in Article 7, paragraph (1), item (i) of the Industrial Accident Insurance Act; the same applies hereinafter), multiple-job-related accidents (meaning the multiple-job-related accident set forth in item (ii) of the same paragraph; the same applies hereinafter) and commuting accidents (meaning the commuting accident set forth in item (iii) of the same paragraph; the same applies hereinafter) during the past three years in respect of all businesses to which the Industrial Accident Insurance Act is applied and the amount of the costs required for the benefit for second medical examination, etc. (meaning the benefit for second medical examination, etc. set forth in item (iv) of the same paragraph; the same applies in the following paragraph and in Article 13), the type and content of the services implemented as the services for promoting re-integration into society and other circumstances.

③If the ratio between the insurance benefits pertaining to occupational accidents provided for in the Industrial Accident Insurance Act (excluding the lump sum compensation for surviving family paid in the case of Article 16-6, paragraph (1), item (ii) of the Industrial Accident Insurance Act, the insurance benefits pertaining to persons afflicted with a disease caused as a result of having been engaged in a specific job or occupation for a long period which is specified by Order of the Ministry of Health, Labour and Welfare (limited to the persons specified by Order of the Ministry of Health, Labour and Welfare for each type of the businesses specified by Order of the Ministry of Health, Labour and Welfare, taking into consideration of the service period in respect of the business, etc.) (hereinafter referred to as the "insurance benefits pertaining to persons afflicted with a specific disease" in this paragraph and in Article 20, paragraph (1)), and, among the persons deemed as entitled to receive the payment pursuant to the provision of Article 36, paragraph (1) of the Industrial Accident Insurance Act (hereinafter referred to as the "insured person of Class III special enrollment"), the insurance benefits in the case where the occupational accident has arisen from a business listed in Article 33, item (vi) or (vii) of the Industrial Accident Insurance Act) in respect of any business falling under any of the following items during each insurance year of three consecutive insurance years and in respect of which business three years or more have passed, since the establishment of the insurance relation of industrial accident insurance, as of March 31 of the last insurance year of the consecutive three insurance years (hereinafter referred to as the "reference date" in this paragraph), the payment of which has been made during such consecutive three insurance years (in the case of insurance benefits calculated by using the basic daily benefit amount prescribed in Article 8, paragraph (3) of the Industrial Accident Insurance Act, insurance benefits paid as pension, or otherwise specified by Order of the Ministry of Health, Labour and Welfare, the amount thereof is calculated pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare; the same applies in Article 20, paragraph (1)), adding the amount of the payments made as the services listed in Article 29, paragraph (1), item (ii) of the Industrial Accident Insurance Act which pertain to occupational accidents and which are specified by Order of the Ministry of Health, Labour and Welfare (in the case of payments other than those paid as lump sum payments, the amount thereof is calculated pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare) on one hand, and the amount obtained by multiplying the aggregate of the amount of the general insurance premiums (in the case of the businesses set forth in paragraph (1), item (i), the amount of the portion corresponding to the industrial accident insurance rate prescribed in the preceding paragraph (if such rate has been increased or decreased pursuant to the provision of this paragraph, the increased or decreased rate)) after deducting the amount of the portion corresponding to the non-industrial injury rate (meaning the rate prescribed by the Minister of Health, Labour and Welfare by taking into consideration of the injury rate pertaining to multiple-job-related accidents, the injury rate pertaining to commuting accidents, the amount of the costs required for the benefit for second medical examination, etc., and the amount of the insurance benefits calculated by using the basic daily benefit amount prescribed in Article 8, paragraph (3) of the Industrial Accident Insurance Act as calculated pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, during the past three years in respect of all businesses to which the Industrial Accident Insurance Act is applied, and other circumstances; hereinafter the same applies in this paragraph and in Article 20, paragraph (1)) adding the amount of the Class I special enrollment insurance premiums after deducting the amount of the portion corresponding to the special enrollment non-industrial injury rate (meaning the non-industrial injury rate after deducting the rate determined by the Minister of Health, Labour and Welfare set forth in Article 13; the same applies in each item of Article 20, paragraph (1) and in paragraph (2) of that Article), by the rate specified by Order of the Ministry of Health, Labour and Welfare by taking into consideration of the costs required for the insurance benefits paid as pension concerning occupational accidents, the costs required for the insurance benefits pertaining to persons afflicted with a specific disease, and other circumstances (in Article 20, paragraph (1), item (i) referred to as the "Class I adjustment rate") on the other hand, exceeds eighty-five one-hundredth (85/100), or is seventy-five one-hundredth (75/100) or less, then the Minister of Health, Labour and Welfare may determine the rate obtained by adding the non-industrial injury rate to the rate calculated by increasing or decreasing the rate obtained by subtracting the non-industrial injury rate from the industrial accident insurance rate prescribed in the preceding paragraph for the business, by the rate specified by Order of the Ministry of Health, Labour and Welfare within the scope of forty one-hundredth (40/100), to be the industrial accident insurance rate for the insurance year two years following the insurance year in which the reference date of the business is included:

④The employment insurance rate is to be the rate obtained by totaling the rates prescribed in each of the following items, in accordance with the categories of rates listed in those items.

⑤The Minister of Health, Labour and Welfare may change the insurance premium rate for appropriation to costs of benefits for unemployment, etc., after hearing the opinions of the Labor Policy Council and by setting a definite term of one year or less, within the scope of four one-thousandth (4/1000) to twelve one-thousandth (12/1000) (six one-thousandth (6/1000) to fourteen one-thousandth (14/1000) in the case of the businesses prescribed in item (i) of the preceding paragraph) if, in each fiscal year, the amount obtained by increasing or decreasing the reserve fund of the employment account under the labor insurance special account (referred to as the "reserve fund" in paragraph (7)) at the end of the fiscal year, by the difference between the aggregate of the amount of collected insurance premiums, the amount to be borne by the national treasury pursuant to Article 66, paragraphs (1), (2) and (4) of the Employment Insurance Act (excluding the amount to be borne by the national treasury pursuant to paragraph (1), item (v) of that Article), the amount to be borne by the national treasury pursuant to paragraph (5) of that Article (excluding the portion pertaining to the expenses required for the execution of the affairs of the employment insurance services under that Act) and the amount to be borne by the national treasury pursuant to Article 67 of that Act, and the aggregate of the amount of the benefits for unemployment, etc. under that Act, the amount of the subsidies and the vocational training attendance benefits paid pursuant to Article 64 of that Act (hereinafter referred to as the "amount of benefits for unemployment, etc." in this paragraph), after deducting from the amount so obtained the amount of the educational training benefits prescribed in Article 10, paragraph (5) of that Act (hereinafter referred to as the "amount of educational training benefits" in this paragraph) and the amount of the continuous employment benefits prescribed in paragraph (6) of that Article (hereinafter referred to as the "amount of continuous employment benefits" in this paragraph), comes to exceed the amount equal to twice the amount obtained by deducting the amount of educational training benefits and the amount of continuous employment benefits from the amount of benefits for unemployment, etc. for the fiscal year, or fall below the amount obtained by deducting the amount of educational training benefits and the amount of continuous employment benefits from that amount of benefits for unemployment, etc., and the Minister of Health, Labour and Welfare finds it necessary.

⑥The term "amount of collected insurance premiums" as used in the preceding paragraph means the aggregate of the total of the stamp insurance premiums and the amount obtained by reducing, from the aggregate of the total of the portion corresponding to the employment insurance rate in the amount of the general insurance premiums pertaining to the businesses set forth in paragraph (1), item (i) and the total of the amount of the general insurance premiums pertaining to the businesses set forth in item (iii) of that paragraph (hereinafter referred to as the "amount of collected general insurance premiums" in this paragraph and paragraph (10)), the aggregate of the amount obtained by multiplying the amount of collected general insurance premiums by the rate obtained by dividing the insurance premium rate for appropriation to childcare leave-related benefit costs by the employment insurance rate (referred to as the "amount of collected insurance premiums for appropriation to childcare leave-related benefit costs" in paragraph (8), item (i)) and the amount obtained by multiplying the amount of collected general insurance premiums by the rate obtained by dividing the insurance premium rate for appropriation to two-program costs by the employment insurance rate (referred to as the "two-program rate" in Article 31, paragraph (1)) (referred to as the "amount of collected insurance premiums for appropriation to two-program costs" in paragraph (10)).

⑦The Minister of Health, Labour and Welfare, in changing the insurance premium rate for appropriation to costs of benefits for unemployment, etc. pursuant to the provisions of paragraph (5), is to consider the employment and unemployment situations of the insured person prescribed by Article 4, paragraph (1) of the Employment Insurance Act (referred to as the "insured person" in Article 31 and Article 32) and other circumstances, and give due consideration to allow the maintenance of balanced finances pertaining to the employment insurance services, while maintaining the reserve fund in the amount necessary for preventing hindrance to the payment of the benefits for unemployment, etc. under the employment insurance services.

⑧The Minister of Health, Labour and Welfare may set the insurance premium rate for appropriation to childcare leave-related benefit costs at four one-thousandth (4/1000), after hearing the opinions of the Labor Policy Council and by setting a definite term of one year or less, if, in each fiscal year, the amount set forth in item (i) comes to exceed the amount equal to one point two (1.2) times the amount set forth in item (ii), and the Minister of Health, Labour and Welfare finds it necessary.

⑨The Minister of Health, Labour and Welfare, in changing the insurance premium rate for appropriation to childcare leave-related benefit costs pursuant to the provisions of the preceding paragraph, is to consider the situation of the taking of childcare leave prescribed in Article 61-7, paragraph (1) of the Employment Insurance Act and other circumstances, and give due consideration to allow the maintenance of balanced finances pertaining to the employment insurance services (limited to those pertaining to the childcare leave-related benefits), while maintaining the childcare leave-related benefit fund in the amount necessary for preventing hindrance to the payment of the childcare leave-related benefits under the employment insurance services.

⑩The Minister of Health, Labour and Welfare is to change the insurance premium rate for appropriation to two-program costs for one year to the rate obtained by reducing the rate of zero point five one-thousandth (0.5/1000) from the rate of three point five one-thousandth (3.5/1000) (in the case of the businesses listed in paragraph (4), item (i), (c), four point five one-thousandth (4.5/1000)) if, each fiscal year, the amount obtained by increasing or decreasing the employment stability fund in the employment account under the labor insurance special account at the end of the fiscal year by the difference between the amount of collected insurance premiums for appropriation to two-program costs and the amount appropriated to the costs required for the employment stability services and the human resources development services provided for in the Employment Insurance Act (limited to those prescribed in Article 63 of that Act) (including the amount transferred or provided to the employment stability fund as prescribed in the budget) comes to exceed the amount equal to one point five (1.5) times as much as the amount obtained by multiplying the amount of collected general insurance premiums in the fiscal year by the rate obtained by dividing the rate of three point five one-thousandth (3.5/1000) (in the case of the businesses listed in (c) of the same item, four point five one-thousandth (4.5/1000)) by the employment insurance rate.

⑪In the case referred to in the preceding paragraph, the Minister of Health, Labour and Welfare may, if finding it necessary in light of the situation of the employment stability fund, after hearing the opinions of the Labor Policy Council and by setting a definite term of one year or less, change the insurance premium rate for appropriation to two-program costs to the rate obtained by reducing the rate of zero point five one-thousandth (0.5/1000) from the rate changed pursuant to the provisions of that paragraph.