Article 42-(4). The financial institutions may, with the approval of the competent Minister, determine the amount of reserves required to reserve for the purpose of the said financial institutions or the assignee financial institutions paying the retirement allowances to persons who are the employee of the former on the date of approval as prescribed in the provisions of Art.27 Par.1, or the date of approval as prescribed in the provisions of Art.40 Par.1 or the date when the order pursuant to the provisions of Art.41, Par.1 is issued, within the limit of the total amount of amount equivalent to a third of voluntary reserves and amount of reserves for retirement allowances or preparatory reserves set aside in accordance with the abrogated Reserves for Retirement Allowances and Retirement Allowances Law based on the provisions of Art.10 to Art.12 of Supplementary Provisions of the Welfare Pensions Insurance Law.
The amount of reserves determined pursuant to the provision of the foregoing paragraph shall be added to the total amount as prescribed in Art.13, Par.1, Item 2, and shall not be included in the reserves as prescribed in Art.18, Item 1 (1), Art.20, Par.1, Item 2, Art.24, Par.1, Item 2 and Art.25, Par.1, Item 2.
Should the amount of reserves to be set aside pursuant to the provisions of Par.1 be determined, when the said financial institutions have transferred whole or part of the business or the instrance contracts belonging to the new accounts to the assigne financial institutions, the said financial institutions shall, with the approval of the competent Minister use whole or part of the said reserves and assign the assets corresponding to the amount to the said assignee financial institutions.
In the case of the preceding paragraph, the assignee financial institutions shall reserve the amount equivalent to the assets which they succeeded to pursuant to the provisions of the same paragraph.
With the exception of the case of Par.3 or the case of liquidation or bankruptcy, the reserves, which are set aside by financial instituions pursuant to the provisions of Par.1 or counted up by the assignee financial institutions pursuant to the provisions of the foregoing paragraph, shall not be used for any purpose other than the payment of retirement allowances to employees, who were in service of the financial institutions of Par.1 on the date of approval as prescribed in Art.27, Par.1 or the date of approval as prescribed in Art.40, Par.1 or the date when the order pursuant to the provisions of Art.41, Par.1 is issued, unless approved by the competent Minister.