Act Governing the Retirement, Bereavement Compensation, Discharge with Severance Pay Benefits for the Teaching and Other Staff of School Legal Persons and their Respective Private School(s) Article 12
The years of employment of a staff member before and after this Act took effect shall be calculated in aggregate.A staff member’s years of service after this Act took effect shall be limited to those years in which monthly contributions have been made to the Retirement and Compensation Fund. Years of service in which contributions have not been made to the Retirement and Compensation Fund, or years of service for which retirement pay, a resignation-related refund, or severance pay have previously been approved and paid, shall all be excluded from inclusion in the years to be counted.Except when other provisions in this Act apply, the retirement, bereavement compensation, resignation, and severance payments for a staff member for the years of service after this Act took effect are paid from the cumulative principal and interest paid into the staff member’s individual Retirement and Compensation Fund account by the Fund Management Committee out of the Retirement and Compensation Fund. The same applies for the years of past employment of public school principals (presidents) and teachers for whom contributions have been made into the Retirement and Compensation Fund referred to in this Act and for whom no retirement payment, severance pay, or resignation-related refund has yet been approved and paid, or applied for.The standards for calculating the aggregated years of service before this Act took effect, and the corresponding retirement pay, bereavement compensation, and severance payments basis points and the maximum basis points shall be handled in accordance with the provisions formerly governing the retirement, bereavement compensation, and severance payments for private school staff before this Act took effect. Retirement, bereavement compensation, and severance payments for years of service before this Act took effect shall be paid by the Fund Management Committee out of the former private school retirement fund.Any years during which a private school principal (president) or teacher was formerly employed as a paid qualified principal (president) or teacher within the establishment staffing of a public school, for which no retirement payment, resignation-related refund, or severance pay has yet been approved and paid and for which written verification has been provided by his or her former employing school, may be included in the person’s aggregate years of service, and retirement, bereavement compensation, or severance payments calculated using the approved rate for his or her years of service, shall be approved and made in accordance with the provisions below:1.Years of service at a public school before (and including) January 31, 1996: shall be paid by the competent authority of the school where the person was last employed.2.Years of service at a public school after (and including) February 1, 1996 shall be paid by the Public Service Pension Fund Management Board.
中文原文 學校法人及其所屬私立學校教職員退休撫卹離職資遣條例第12條
教職員於本條例施行前、後任職年資,應合併計算。
教職員於本條例施行後任職年資,以按月撥繳退撫儲金之年資為限。
未撥繳退撫儲金之任職年資或曾經核給退休金、離職退費或資遣給與之任職年資,均不得採計。
教職員於本條例施行後任職年資之退休、撫卹、離職及資遣給與,除本條例另有規定外,由儲金管理會以退撫儲金支給其個人退撫儲金專戶累計之本金及孳息。
公立學校校長、教師曾任已撥繳本條例退撫儲金且未核給退休金、資遣給與或申請離職退費之年資,亦同。
本條例施行前任職年資併計標準,其退休金、撫卹金、資遣給與基數內涵及核計最高基數,依本條例施行前原私立學校教職員退休、撫卹、資遣規定辦理。
本條例施行前任職年資之退休、撫卹及資遣給與,由儲金管理會以原私校退撫基金支給。
私立學校校長、教師,曾任公立學校編制內有給合格校長、教師,未核給退休金、離職退費或資遣給與之任職年資,經原服務學校覈實出具證明者,得併計其任職年資,按核定年資比例,依下列規定核計支給其退休金、撫卹金或資遣給與:
一、中華民國八十五年一月三十一日以前公立學校年資,由其最後服務學校之主管機關支給。
二、中華民國八十五年二月一日以後公立學校年資,由公務人員退休撫卹基金管理委員會支給。
教職員於本條例施行後任職年資,以按月撥繳退撫儲金之年資為限。
未撥繳退撫儲金之任職年資或曾經核給退休金、離職退費或資遣給與之任職年資,均不得採計。
教職員於本條例施行後任職年資之退休、撫卹、離職及資遣給與,除本條例另有規定外,由儲金管理會以退撫儲金支給其個人退撫儲金專戶累計之本金及孳息。
公立學校校長、教師曾任已撥繳本條例退撫儲金且未核給退休金、資遣給與或申請離職退費之年資,亦同。
本條例施行前任職年資併計標準,其退休金、撫卹金、資遣給與基數內涵及核計最高基數,依本條例施行前原私立學校教職員退休、撫卹、資遣規定辦理。
本條例施行前任職年資之退休、撫卹及資遣給與,由儲金管理會以原私校退撫基金支給。
私立學校校長、教師,曾任公立學校編制內有給合格校長、教師,未核給退休金、離職退費或資遣給與之任職年資,經原服務學校覈實出具證明者,得併計其任職年資,按核定年資比例,依下列規定核計支給其退休金、撫卹金或資遣給與:
一、中華民國八十五年一月三十一日以前公立學校年資,由其最後服務學校之主管機關支給。
二、中華民國八十五年二月一日以後公立學校年資,由公務人員退休撫卹基金管理委員會支給。