Act Governing Retirement, Severance, and Bereavement Compensation for the Teaching and Other Staff Members of Public Schools Article 70

If the right of a staff member or any of his or her survivors to claim pension or benefit payments shall be suspended, terminated, or lost because of the occurrence of a statutory cause or because of the voidance or revocation of an administrative disposition, or if any thereof receive an excess amount of, or receive in error, any pension or benefit payment because of an erroneous payment by an agency or institution, the paying or disbursing agency shall issue a written administrative disposition ordering the party to return, within a certain deadline, the amount received in excess or errroneously from the date the right of claim should have been suspended, terminated, or lost. If the party does not return the amount by that deadline, it shall be subject to compulsory execution in accordance with the applicable provisions of the Compulsory Execution Act.If an amount received in excess or erroneously by a person under the preceding paragraph is a regular payment, the paying or disbursing agency may notify the party that it will be recovered from the next and subsequent regular payments of the pension or benefit. If the party objects and has not yet returned the amount by another means, the paying or disbursing agency shall take the measures set out in the preceding paragraph.In the case of a person who has received disbursement of a lump-sum pension payment or a Civil Servant and School Staff Insurance lump-sum old-age payment and has taken out a preferential-interest savings deposit, in the event that the pension or benefit payments claimed by the person are subject to suspension, termination, loss of entitlement, or lawful voidance or revocation, the preferential-interest savings deposit shall be terminated, and and shall be restored only when the cause has ceased to exist. If such deposit it is not duly terminated, the paying or disbursing agency shall take the recovery measures set out in paragraph 1.If any person referred to in the preceding three paragraphs fails to return the returnable amount within the deadline and the responsibility for the failure is attributable to that party, the paying or disbursing agency shall charge interest at an annual interest rate of 2 percent, and shall take the recovery measures set out in paragraph 1.When any party referred to in the preceding 4 paragraphs fails to meet the deadline to return the pension or benefit payments or preferential deposit interest received in excess or erroneously, or fails to return the full amount of the pension or benefit payments or preferential deposit interest received in excess or erroneously, if, before the paying or disbursing agency has recovered the excess or erroneous amount through compulsory execution under the Administrative Execution Act, the party once again retires, is severanced, or claims a lump-sum survivor benefit, survivor annuity, or bereavement compensation, the disbursing agency may verify and offset or recover that excess or erroneous amount from any pension or benefit payment approved and issued for that re-retirement, severance, or claim. The same shall apply to cases dating from before this Act has come into force.