Act Governing Retirement, Severance, and Bereavement Compensation for the Teaching and Other Staff Members of Public Schools Article 34
In the case of a staff member who has years of service both before and after the implementation of the New Pension System, and is entitled to issuance of a compensation payment under Article 21-1, paragraph 5 or 6 of the former Statute Governing the Retirement of School Faculty and Staff, when the staff member's retirement becomes effective within 1 year from the date this Act comes into force, the compensation payment will still be paid in accordance with the original provision.In the case of a staff member who before this Act comes into force has already been approved for and received a compenssation payment under Article 21-1, paragraph 5 or 6 of the former Statute Governing the Retirement of School Faculty and Staff, that payment will still be governed by the provisions originally applicable before the enforcement of this Act.In a case under the preceding paragraph of a staff member who has already been approved for and been receiving a monthly compensation payment under Article 21-1, paragraph 5 of the former Statute Governing the Retirement of School Faculty and Staff, after this Act comes into force, a calculation shall be made of the lump-sum compensation amount which the staff member should be entitled to receive under Article 21-1, paragraph 5 of the former Statute Governing the Retirement of School Faculty and Staff based on the staff member's approved years of service and rank at retirement and the base salary(or seniority salary)of personnel of the same rank in active service at the time of the person's retirement, and after deducting any monthly compensation that the staff member has received before and after the coming into force of this Act, the remainder of that amount shall be issued to the person. If there is no remainder, no further amount need will be issued.
中文原文 公立學校教職員退休資遣撫卹條例第34條
退休教職員因兼具退撫新制實施前、後年資而得依原學校教職員退休條例第二十一條之一第五項及第六項規定核發補償金者,於本條例施行之日起一年內退休生效時,仍依原規定核發。
本條例施行前已依原學校教職員退休條例第二十一條之一第五項及第六項規定審定並領取補償金者,仍照本條例施行前原適用之規定發給。
前項人員已依原學校教職員退休條例第二十一條之一第五項規定審定並領取月補償金者,於本條例施行後,以其核定退休年資、等級,按退休時同等級現職人員本(年功)薪額,依原學校教職員退休條例第二十一條之一第五項規定,計算其應領之一次補償金,扣除其於本條例施行前、後所領之月補償金後,補發其餘額。
無餘額者,不再補發。
本條例施行前已依原學校教職員退休條例第二十一條之一第五項及第六項規定審定並領取補償金者,仍照本條例施行前原適用之規定發給。
前項人員已依原學校教職員退休條例第二十一條之一第五項規定審定並領取月補償金者,於本條例施行後,以其核定退休年資、等級,按退休時同等級現職人員本(年功)薪額,依原學校教職員退休條例第二十一條之一第五項規定,計算其應領之一次補償金,扣除其於本條例施行前、後所領之月補償金後,補發其餘額。
無餘額者,不再補發。