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法規名稱(Title) Enforcement Rules for the Statute Governing the Retirement of School Faculty Ch
公發布日(Date) 2007.01.19
法規沿革(Legislative) 1.Promulgated on July 31, 1963
2.Amendment to Articles 1-43 promulgated on December 14, 1965.
3.Amendment to Articles 1-42 promulgated on July 30, 1973.
4.Amendment to Articles 1-45 promulgated on January 5, 1981.
5.Amendment to Article 11 promulgated on August 3, 1982.
6.Amendment to Articles 2,6,26 promulgated on November 10, 1989.
7.Amendment to Articles 1-55 promulgated on January 30, 1996;dated February 1, 1996.
8.Amendment to Appendix 2 promulgated on March 8,1996.
9.Amendment to Article 16 promulgated on April 3, 1999.
10.Amendment to Articles 26,33,37 promulgated on October 27, 1999.
11.Amendment to Article 4 promulgated on June 19, 2003;dated May 23, 2003.
12.Amendment to Articles 30,53 promulgated on January 19 , 2007.
法規內文(Content)

Chapter 1 General Provisions

Article 1

 

These Rules are formulated in accordance with Article 22 of the Statute Governing the Retirement of School Faculty (hereinafter referred to as “the Statute”)

Article 2

 

Public schools of all levels in Article 2 of the Statute refers to national schools, provincial schools and (province-level municipal) schools, and county (county-level municipal) schools.Faculty in the same Article refers to principals, teachers, and teaching Assistants with officially reviewed and approved qualifications that have been employed or appointed in accordance with the Statute Governing the Employment of Educational Personnel; administrative personnel, including those employed before the enactment of the Statute with responsibilities other than those of administrative affairs; and reposted or appointed technical personnel, whose job titles are listed in official organization of the school of services or of an agency affiliated to that school and whose employment have been approved by and registered with the governing educational agency.Faculty in the preceding paragraph refers only to those with full-time, paid employment within the organization.

Article 3

 

Positions with specific physical requirements in Paragraph 2, Article 3 of the Statute refer to personnel in a teaching position of physical education or music and games for three (3) consecutive years or above upon retirement, and may apply to other positions with physical requirements approved by the Ministry of Education.

Article 4

 

The age of retirement or voluntary severance for faculty shall be established according to date of birth as recorded in their household registration.According to Subparagraph 1 of Paragraph 1 of Article 4 of the Statute, the latest effective date for retirement is July 16 for retiring faculty born in the months of January to June, and January 16th of the next year for those born in the months of July to December. Faculty reaching age of retirement during the period of the first effective date of these Rules through June 30, 2003 shall have January 16, 2004 as the latest effective date for their retirement.

Article 5

 

The mentally incapacitated or physically disabled stipulated in Subparagraph 2 of Paragraph 1 of Article 4 of the Statute shall be verified according to the definitions of full-disabled or semi-disabled stipulated in the Standard of Disabled Insurance Payments for Civil Servants. “Not capable of delivering service” refers to the inability of the person concerned to undertake own original task, nor are job transfers available; or that person is not competent for such positions though available,.

Article 6

 

Faculty of continuance of service at own will whose service is still needed by the school of services as stipulated in Paragraph 2 of Article 4 of the Statute shall have the terms and duration of their service extension governed by same regulations governing civil servants, with the exception of professors and associate professors working at a junior college level or above, who shall be regulated separately by the Ministry of Education.

Article 7

 

Base salaries in the Statute refer to base salaries or seniority salaries actually received by faculty by laws.Those who claiming pension in monthly installment may have their monthly installment increased pro rata upon ad hoc raises in salary.

Article 8

 

Radix of lump sum pension payment in Subparagraph 2 of Article 5 and percentage of monthly installments in Subparagraph 3 of Article 5 of the Statute shall be calculated according to the standards listed in Appendix 1.Base salary of employee of the same level in Article 5 of the Statute refer to base salary or seniority salary payable to retiring faculty upon the effective date of their retirement. (Notes: for Appendix 1, please refer to page 11, Issue 6, Volume 2 of The Executive Yuan Bulletin)

Article 9

 

Working capability in Paragraph 4, Article 5 of the Statute refer to those personnel who are not in any of the following conditions upon retirement, with proof issued by the school of services:1. Being full-disabled or semi-disabled, with proof issued by a public medical service institution, as defined by the standards for disabled insurance payments for civil servants2. Being a holder of Handbook for the Disabled3. Being mentally retarded, with proof issued by a public hospital4. Being on leave for over 6 consecutive months due to illness or injury

Article 10

 

Professors of a junior college level and above who have academic distinction for outstanding performance in teaching or research in Paragraph 4 of Article 5 of the Statute refer to those who meet one of the following conditions and have been approved for a service extension after due process of application under relevant regulations concerning service extensions by professors of a junior college level and above:1. Being an Academian of Academia Sinica 2. Being an winner of academic awards by the Ministry of Education3. Being awarded outstanding research grants by the National Science Council of the Executive Yuan for three times and above4. Having personal publications with significant academic contribution in last 3 years.

Article 11

 

Teaching position in Article 6 of the Statute refers to the position of a full-time teacher or principal of a public school.In the same article, serving as a teacher or principal for five (5) consecutive years or more refers to those who serve as a full-time teacher or principal continuously at a public school. Teachers or principals serving continuously but at different schools may have their years of service at respective schools included in their total seniority.Outstanding performances in the same article refer to faculty or public school principals being granted raise or bonus for the last five (5) consecutive years for assessed performance of faculty and principals respectively. For retiring personnel with outstanding performance but not governed by neither of these performance assessments, the school of services shall report concrete facts of such outstanding performance to the governing educational agency for review and approval.Regarding performances for the last five (5) years referred to in the preceding paragraph, should no raises have be given for one of those five (5) years due to excessive sick leaves from severe illness, such record may still be recognized as outstanding upon the strength of proof by the school approving such leaves.Regarding performances for the last five (5) years, should no raises have be given for two of those five (5) years due to excessive sick leaves from severe illness, radix or percentage of pension shall be granted according to any remaining seniority exceeding thirty-five (35) years of service after deducting the period for second no-raise assessment and any seniority thereafter. This stipulation applies only to those whose application for retirement upon their first no-raise assessment was not approved due to financial constraint of the governing agency.

Article 12

 

Injury or illness caused by duty in Article 7 of the Statute refers to any of the following conditions:1. Injury or illness due to hazards from performing official functions2. Injury or illness due to accidents nearby school or when traveling to or from school on official functions3. Injury or illness due to accidents at work premises during extraordinary time4. Injury or illness due to chronic fatigue from diligent workInjury or illness caused by duty shall be verified upon the strength of proof issued by the school of services and medical proof issued by a public hospital.

Article 13

 

Faculty reaching age 55 may be eligible for voluntary early retirement in Paragraph 2 of Article 5 of the Statute refer to faculty who have served for 25 years or more and whose early retirement is applied for and becomes effective within one year upon the date they reach age 55.Faculty applying for voluntary severance upon reaching the age of 35 or 45 in Paragraph 5 of Article 8 of the Statute refer to those faculty whose severance is applied for and becomes effective within one year upon the date they reach age of 35 or 45.

Article 14

 

According to Paragraph 1 of Article 8 of the Statute, the government and faculty shall jointly contribute to pension and consolation fund (hereinafter referred to as “pension and consolation fund”). Government contributions shall be allocated under the annual budget of the governing government, the paying agency, or the school of services and be remitted to the management agency for civil servants pension and consolation fund (thereinafter referred to as “fund management agency”. Contributions from faculty shall be deducted by the school of services from their monthly salary payment upon remittance, and shall be immediately remitted to the fund management agency.

Article 15

 

For personnel who are unqualified for additional radix of pension, who are taking a voluntary severance or a severance before due retirement, or have been dishonorably dismissed, the interests of their pension fund shall accrue up to the date before their severance upon their application for the refund of pension contributions by them.

Article 16

 

For faculty whose retirement is governed by the Statute, unless stipulated otherwise in the Statute, their seniority after the enactment of the Statute shall be calculated according to the exact number of months when contributions of pension and consolation fund have been lawfully made, and shall exclude any period of services when no such contributions have been lawfully made, when application for the refund of pension fund has been filed upon severance or dismissal from work, or when pension or severance payment has already been made.After the amendment and enactment of the Statute, principals, teachers and teaching assistants of a public school who have already had seniority from their previous positions as politically appointed personnel, civil servants, or educational or military personnel, shall, upon their job transfer, have all their paid and deposited pension, including principal and interests, transferred to the designated account of pension and consolation fund before their previous seniority may be carried over.After the amendment and enactment of the Statute, principals, teachers and teaching assistants of a public school who may have their previous seniority from other public functions or jobs at a government-owned business carried over, the school of services, upon their job transfer, shall have the total amount of pension principal and compound interests calculated by the fund management agency concerned according to the pension contributions standard of employee of the same level, which then shall inform the school to remit the said amount to the designated pension and consolation fund account, before their previous seniority may be carried over.After the amendment and enactment of the Statute, principals, teachers and teaching assistants of a public school who have previously served as full-time faculty at an overseas Chinese school registered with the Overseas Chinese Affairs Commission but have not received pension or severance payment, provided that such fact has been verified with proof produced by the previous school in service and bearing stamped seal of the Overseas Chinese Affairs Commission for verification, the school of services, upon their job transfer, shall have the total amount of pension principal and compound interests calculated by the fund management agency concerned according to the pension contributions standard of employee of same level, which then shall inform the school to remit the said amount to the designated pension and consolation fund account, before their previous seniority may be carried over.Faculty whose retirement takes effect only after July 5, 1998 and who have previous seniority of compulsory military services, for which no pension has been remitted upon discharge or decommission, such seniority may be carried over upon the strength of certificate of discharge issued by the Ministry of Defense or of other documents proving the decommission of said personnel. However, any seniority of compulsory military services incurred after the amendment and enactment of the Statute shall be carried over only after the school of services and the said personnel, by referring to the agreed-upon level of salary at employment, have calculated their respective pension contributions according to respective proportions stipulated in Paragraph 3 of Article 3 of the Statute and have both paid such contributions in accordance with Paragraph 3 of this article.

Article 17

 

Personnel already receiving pension prior to the enactment of the Statute shall be governed by the previous Statute. However, the exact amount of their pension payment may be adjusted pro rata upon a salary adjustment.

Article 18

 

The valid period for application for issuance of pension payments in Article 10 of the Statute begins at the first day for issuance of monthly installment of the current period.

Article 19

 

Personnel already receiving pension upon previous retirement or severance from a civilian or military position before reappointed or transferred to serve as faculty of a public school shall have their seniority calculated separately starting the first month of reappointment or transference.Upon retirement, personnel in the preceding paragraph shall have their radix or percentage of pension from previous retirement or severance carried over as part of the radix or percentage of the current pension. Such radix or percentage shall not exceed the upper limit set forth in Article 5 and Subparagraph 1 of Paragraph 1 of Article 21 of the Statute. Additional radix or percentage shall be granted up to said limit, and may not be granted to those who have already reached such limit in their previous retirement or severance.Retired personnel may not be reemployed as faculty by the same school.

Article 20

 

Scope and order of the family of the deceased presonnel in Subparagraph 1 of Paragraph 14 of the Statute shall be governed by Article 1138 of the Civil Law.Family of the deceased personnel who are receiving consolation pension in accordance with Paragraph 14 and Subparagraph 1 of Paragraph 21 of the Statute shall become illegible when found to be under any of the conditions stipulated in Article 12 of the Statute.Family of the deceased personnel on consolation fund who have been deprived of civil rights shall have their right to monthly installment of consolation fund suspended upon the date of deprivation and until the date of reinstatement.

Article 21

 

For faculty who have any seniority period for which pension payment has been made but not included in the total seniority, the pension management agency shall calculate and return to them in lump sum payment the principal and interests already paid according to the ratio of such period to total seniority upon their retirement.Faculty who are reappointed or transferred after previous retirement or severance for which the radix or percentage of such pension has already reached the upper limit shall receive in lump sum payment the principal and interests they have paid for the period of reappointment or transference. Those whose previous retirement or severance for which the radix or percentage of such pension has not reached the upper limit shall be granted additional radix or percentage up to said limit, after which the principal and interests of any remaining seniority afterwards shall be calculated and remitted to them in lump sum payment by the pension management agency.

Article 22

 

Principal and interests of pension fund in Article 16 of the Statute refer to pension contributions by personnel and the government and interests generated from uses of said pension fund in accordance with the Statute Governing Civil Service Pension and Consolation Fund Management.Principal and interests of pension fund in Article 21 of the Statute refer to pension contributions by personnel and interests generated from uses of said pension fund in accordance with the Statute Governing Civil Service Pension and Consolation Fund Management.

Article 23

 

Employees of relevant public social education and academic institutes in Article 18 of the Statute whose retirement may be governed by the Statue shall have their retirement reviewed, approved and processed by their governing agency.Personnel with civil servant status in the provision of same Article refer to those who shall be employed in accordance with Civil Service Employment Act under the organizational charter of the employing agency and have been officially appointed after review and approval of their qualifications.

Article 24

 

Additional lump sum compensation or monthly installment compensation in Paragraph 5 and lump sum compensation in Paragraph 6 of Article 21-1 of the Statute shall be calculated according to stipulations in Appendix 2.Personnel who are receiving both lump sum pension and monthly installment pension shall receive their additional compensation, as referred to in the preceding paragraph, calculated according to the ratio of lump sum pension to monthly installment pension.(Notes: For Appendix 2, please refer to Page 12, Issue 6, Volume 2 of the Executive Yuan Bulletin)

Article 25

 

For private elementary and secondary schools whose educational district and students are assigned by the government in the same manners concerning public elementary and secondary schools, whose students are waived for tuition, and whose personnel and business expenses are covered by government budget, the retirement of their faculty may be governed by the Statute.

Chapter 2 Procedure for Retirement

Article 26

 

Retirement of faculty of a national (provincial) school shall be reviewed and approved by the Ministry of Education; those of a school in a Special Municipality under the Executive Yuan shall be reviewed and approved by the education department of that Municipality, those of a county (municipal) school shall be reviewed and approved by that county (municipal) government.

Article 27

 

Personnel applying for, due for, or required for retirement shall submit two (2) copies of factual statement of retirement, four (4) recent one-inch passport photos, certificate of employment prior to the enactment of the Statute, and other relevant proving documents to the school of services, who shall then report said application to the governing agency for review and approval.For personnel applying for, due for, or required for retirement who have failed to comply with the stipulations in the preceding paragraph, their school of services shall fill out factual statement of retirement on the personnel’s behalf to be submitted along with other proving documents to the governing educational agency for review and approval.

Article 28

 

Factual statement of retirement, certificate of employment, and other relevant proving documents shall be reviewed for authenticity by the head personnel officer of the school of services, and application should be rejected or the applicant be notified for corrections or submissions in the event of any deviation from facts, undue process or lack of relevant proving documents.

Article 29

 

For personnel due or required for retirement, should the school of services have not reported for retirement on the personnel’s behalf or applied for service expansion of said personnel, the governing educational authority shall immediately notify the school of services to undergo due process accordingly upon proven discovery of said conditions. Failure to compliance shall result in notification to the auditing agency, which shall reject the expense justification of remuneration payments made to said personnel.

Article 30

 

When retired teaching and administrative staff or their surviving dependents disagree with the results of authorized retirement case or survivor annuity,they can appeal in accordance with Appeal Law or Civil Service Protection Act.If preceding authorized case finds reasons in article 128 of Administrative Procedure Act to restart the procedure,it shall be handled in accordance with relevant regulations.

Chapter 3 Remittance of Pension

Article 31

 

Retired personnel or family of the deceased personnel shall exercise prudence upon choosing specific types of payment of pension, consolation, and compensation, which shall not be altered for whatsoever reasons once approved by the governing educational agency and remittance made.

Article 32

 

For retired personnel whose pension has been reviewed and approved, the governing educational agency shall prepare certificate of pension and deliver it in official notification to the school of services for said retired personnel, with duplicate copies of said notification sent to the auditing agency, the paying agency and the pension management agency.

Article 33

 

For faculty with pension and consolation fund accruing on their seniority period prior to the amendment and enactment of the Statute as well as any additional receivable pension by laws under the pre-allocated budget of governments of all levels and compensation stipulated in Paragraph 5 of Article 21-1 of the Statute, the paying agency shall be the Ministry of Education, with payment made out of the national treasury, when their final school of services is a National (Provincial) institution; Department of Finance of a Special Municipality under the Executive Yuan, with payment made out of that Municipal treasury, when said school is a Special Municipal institution; and a county (county-level municipal) government, with payment made out of that county (county-level municipal) treasury when said school is a county (county-level municipal) institution.Pension and consolation fund, severance fee and refund upon dismissal over seniority period after the amendment and enactment of the Statute and compensations stipulated in Subparagraph 6, Paragraph 1, Article 21 of the Statute shall be paid out of the pension and consolation fund, with the pension management agency as the paying agency. For faculty who are retired on official reasons in accordance with Article 7 of the Statute, their lump sum or monthly installment pension payment shall be made out of the pension and consolation fund according to the ratio of their seniority period of pension contributions to their overall approved seniority upon retirement, and the remaining payment shall be made out of the pre-allocated budget of governments of all levels.

Article 34

 

After a pension application has been approved, the paying agency shall be notified to verify the amount and issue a check for the lump sum pension payment or the first monthly pension installment or both, as the case may be, and to send the check by letter along with the pension calculation sheet and receipt to the school of final service, which shall forward it to the retired personnel, who, in addition to signing to verify their receipt of the check, shall at the same time duly complete the procedure of signing the pension payment receipt, which shall immediately be returned to the paying agency.
A retiree who receives a monthly pension installment (whether solely or in combination with a lump sum pension payment), shall, in additional to the first monthly pension installment, be remitted a regular monthly pension installment on the first day of each month. However, in the case of one who receives the monthly pension installment in regular intervals before the amendment to this article comes into force, the original provisions shall continue to apply. 
The procedures for remitting monthly pension installments under the preceding paragraph shall be decided by each paying agency.
In the event there is an adjustment in pay to faculty and staff in the same month after the remittance of a monthly pension installment, any resultant difference shall be made up for retroactively in the next monthly pension installment remitted.

Article 35

 

Personnel applying for, due for, or required for retirement shall have the date of approval by the governing educational agency as the effective date of their retirement, which may not be retroactive. In the case of any prepaid salary for the period after their pension payments take effect, the school of services shall check for and retract the exact amount out of the lump sum payment or first monthly installment as notified by the paying agency

Article 36

 

Personnel who are retired before the enactment of the Statute shall claim their annual pension payment by submitting their certificate of pension to the paying agency by May of each year, and shall receive their annual pension in lump sum payment as of July 1 of the year. Application shall be governed by stipulations for claiming monthly installment pension in Article 34 of the Statute.

Article 37

 

The reimbursement of pension fund, consolation fund, compensation, severance fee, and refund upon dismissal for faculty shall be processed as follows:1. Those paid out of national treasury: the Ministry of Education shall make the payment and submit receipt to the Ministry of Audit for expense justification.2. Those paid out of the treasury of a Special Municipality under the Executive Yuan: the Department of Finance of that Special Municipality shall make the payment and submit receipt to the Ministry of Audit for expense justification.3. Those paid out of the treasury of a county (county-level municipal) government: the county (county-level municipal) government shall make the payment and submit receipt to the Ministry of Audit for expense justification.

Article 38

 

For seniority period prior to the amendment and enactment of the Statute, for which lump sum pension payment has been lawfully approved, any voluntary deposit of such pension may be processed by a government-owned financial institute at a preferred saving rate, and the governing measures shall be established by the Ministry of Education through consultation with the Ministry of Finance.

Chapter 4 Remittance of Consolation Fund

Article 39

 

Upon the death of personnel on pension and/or on monthly pension in accordance with the Statute, the application for their consolation fund shall be processed as follows:1. Family of the deceased personnel submit original copy of certificate of monthly pension, household registration, death certificate, and application form of opting for monthly consolation for those so wishing, to the original school of services, which shall then report the case to the governing educational agency for approval and for subsequent notification to the paying agency for remittance of consolation fund.2. For deceased personnel without any existing family members, their legal heir designated in a will established prior to the personnel’s death shall submit said legal will, original copy of certificate of monthly pension, household registration, death certificate, and personal identification of the designated heir to the original school of services, which shall then report the case to the governing educational agency for approval and for subsequent notification to the paying agency for remittance of consolation fund.3. For deceased personnel without any existing family members but with legally binding will established prior to said personnel’s death which designates the use of receivable consolation, the consolation fund will be claimed and processed according to said will by the original school of services.4. For deceased personnel without any existing family members or legal will designating the use of consolation payable to said personnel, the original school of services shall submit original copy of certificate of monthly pension and death certificate to apply with the governing educational agency for approval and for subsequent notification to the paying agency for remittance of consolation fund to be used as funeral fee, after which any remaining amount shall go to the national treasury.In the case of several family members of the deceased personnel are legible, the consolation fund shall be evenly shared among those family members.

Article 40

 

The standard of receivable lump sum payment in Paragraph 2 of Article 14-1 of the Statute refers to the stipulation that the radix of lump sum payment for deceased personnel shall be calculated as the double of the base salary or seniority salary of incumbent employee of same level upon the death of said personnel. However, for retiring personnel who have seniority both before and after the amendment and enactment of the Statute shall have their seniority periods upon retirement calculated by respective standards and definitions of radix before and after the amendment and enactment of the Statute.Previously paid monthly installment pension to be deducted shall include pension payment already made according to the approved percentage for the retired personnel.Remittance of remaining amount refers to the remittance of any remaining amount after deducting the total amount of previously paid monthly installments in accordance with Paragraph 2 for the lump sum payment of pension payable to retired personnel calculated in accordance with Paragraph 1.For the remittance of consolation fund at an amount equal to 6 radix units of incumbent personnel of same level, such radix for lump sum payment shall be calculated as the double of the base salary or seniority salary of incumbent personnel of same level upon the death of retired personnel.Of the one-time consolation based on 6 radix units in the preceding paragraph, an amount equal to the percentage of approved seniority after the amendment and enactment of the Statute out of the total seniority both before and after the enactment of the Statute shall be paid for out of the pension and consolation fund, and the remaining amount shall be paid for out of the pre-allocated budget of governments of all levels. Upon the death of retired personnel who are also on monthly pension, the consolation fund at an amount equal to 6 radix units of incumbent personnel of same level shall be calculated according to the percentage of monthly pensions.

Article 41

 

Monthly consolation installments shall be remitted in the same manner as monthly pension installments, starting from the next regular interval upon the death of the retired personnel. In the event that survivors of the deceased personnel receive excess monthly pension after the month of the personnel’s death as a result of their failure to apply for the consolation payment in accordance with Article 39, the school of service shall notify the paying agency to verify the excess amount and recoup it from the consolation payment payable.

Article 42

 

Monthly consolation payment is lifelong valid for recipients who are a parent or the spouse, provided remaining un-remarried, of the deceased personnel, and is valid for minor offspring until they reach adulthood.

Article 43

 

Right to consolation payment is granted only to family of the deceased personnel (only) on monthly pension or to their designated heir, and shall be revoked when not exercised for a period of 5 years upon the date of said personnel’s death. In the event that such void of exercise has been caused by force majeure, the valid period shall begin when such right become exercisable again. The start date for claiming the right to monthly consolation payment shall be the first remittance date of pension for that period.

Article 44

 

Personnel (only) on monthly pension in accordance with the Statute who are reemployed as paid a civil servant and then died while reemployed shall be granted consolation payment in accordance with the Statute.

Chapter 5 Suspension and resumption of Pension and Consolation Fund

Article 45

 

Reemployment as a paid civil servant in Paragraph 2 of Article 13 of the Statute refers to those positions with remunerations, salaries, or public expenses covered by the public treasury, except for those whose monthly remuneration does not reach the total amount of the highest base salary and professional allowance of base-level commissioned civil servants.

Article 46

 

Reemployed civil or educational personnel in Article 14 of the Statute refer to those personnel in a position with remunerations paid for by the public treasury.

Article 47

 

In the event that retired personnel are in any of the conditions stipulated in Article 12 of the Statute and Paragraph 1 of Article 13 of the Statute or family of the deceased personnel on monthly consolation are in any of the conditions stipulated in Article 12 of the Statute or in violation of Article 42 of the Statute, notification shall be made voluntarily to the original school of services to report to the paying agency for termination or suspension of payment of pension or consolation fund. For suspension made in accordance with Article 13 of the Statute and Paragraph 3 of Article 20 of these Rules, the original school of services may present proving documents to apply with the paying agency for resumption of payment upon the reinstatement of right to pension or consolation fund or upon said reinstatement or extermination of reasons for reemployment.

Article 48

 

After the suspension or extermination of right to pension for retired personnel or of the right to consolation fund for the family of the deceased personnel, any subsequent payments made to the aforesaid people shall be retracted by the paying agency.Retired personnel found to be in the conditions of Paragraph 2, Article 13 of the Statute shall voluntarily notify their reschool of services to report to the paying agency and return their original certificate of pension. Failure to compliance shall be dealt with in accordance with stipulations in the preceding paragraph and punished in accordance with relevant laws and regulations.

Article 49

 

In case of the death of retired personnel opting for monthly pension, the monthly pension on the month of death shall be paid for.

Chapter 6 Additional Provisions

Article 50

 

Personnel retiring in accordance with the Statute shall be issued certificate of retirement as school faculty.Family of the deceased personnel opting for monthly consolation fund shall be issued certificate of monthly consolation fund for family of the deceased personnel.

Article 51

 

Upon the loss of, damage to, or smearing of certificate of retirement as school teaching and administration personnel, certificate of pension, and certificate of monthly consolation fund for family of the deceased personnel, replacement or reissuance shall be applied for with the governing educational agency by submitting one (1) one-inch passport photo of the personnel.

Article 52

 

Faculty whose remunerations are paid for out of the public treasury other than the pre-allocated budget of the governing educational agencies of all levels and whose qualifications have been approved by the Ministry of Education may have their retirement processed by their governing agency in accordance with the Statute.

Article 53

 

Calculation and inclusion of seniority period and definitions of radix of pension and consolation fund for faculty, who once had occupied the other paid and full-time position, prior to the amendment and enactment of the Statuteamended and enacted at February 1 of the Republic of China 85 years shall be governed by the previous regulations. But the calculation and inclusion of seniority period to the faculty that once had occupied the other paid and full-time position, could be unrestricted by being the faulty at public school for over 5 years.

The previous standard of pension payments shall be governed by regulations stipulated in Appendix 3.

 (Notes: For Appendix 3, please refer to Page 13, Issue 6, Volume 2 of the Executive Yuan Bulletin)

Article 54

 

Forms and tables to be used in these Rules shall be established by the Ministry of Education.

Article 55

 

The effective date of these Rules shall be decided by the administrative directive.