Act Governing Retirement, Severance, and Bereavement Compensation for the Teaching and Other Staff Members of Public Schools Article 79

If a staff member, during a period of active service, commits an offense under the Anti-Corruption Act or under the Offenses of Malfeasance in Office chapter of the Criminal Code, or takes advantage of his or her authority, opportunity, or means afforded by his or her position to commit another offense, and is subsequently convicted and sentenced by a final and conclusive judgement, after already having retired, been severanced, or resigned, the person shall be deprived of, or have reduced, any related pension, severance, or separation payments, as set out in the provisions listed below; if the payment has already been made, recovery shall be pursued of the full or partial amount that should be subject to the deprivation or reduction1. If finally and conclusively sentenced to the death penalty, life imprisonment, or imprisonment for 7 years or longer, he or she shall be deprived ab initio of the pension, severance, or separation payments.2. If sentenced to imprisonment for 3 years or longer but less than 7 years, his or her receivable pension, severance, or separation payments shall be reduced ab initio by 50 percent.3. If sentenced to imprisonment for 2 years or longer but less than 3 years, his or her receivable pension, severance, or separation payments shall be reduced ab initio by 30 percent.4. If sentenced to imprisonment for 1 year or longer but less than 2 years, his or her receivable pension, severance, or separation payments shall be reduced ab initio by 20 percent.If a suspended sentence is pronounced for a person under the preceding paragraph, and the suspension of sentence has not been voided at the end of the period of the suspended sentence, then from the time of the end of the period of the suspended sentence, the provisions of subparagraphs 3 and 4 of the preceding paragraph shall not apply, and the amount of any reduction that has already been made in the relevant pension, severance, or separation payments shall be made up to the person by the respective disbursing agencies.The relevant pension, severance, or separation payments of which a person shall be deprived or which shall be reduced, as referred to in paragraph 1, shall be limited to those which are approved and given for the years of service in employment preceding his or her most recent retirement, severance, or resignation; they comprise the following types of payments1. Pension or severance pay disbursed pursuant to this Act.2. Compensation payment under the Regulations Governing the Payment of Pension, Other Cash Payments, and Compensation Payment to Government Employees and Public School Teachers.3. Pension Fund premium principal contributed by the government, and interest thereupon.4. Preferential deposit interest.5. Survivors' lump-sum survivor benefits or survivor annuity.If with respect to the same case involving the person under paragraph 1, another law imposes a more severe disposition for the deprivation or reduction of pension, severance, or separation payments, the person shall be penalized by the more severe disposition.If a retired staff member, after retiring or being severanced under this Act, is subsequently reemployed as a staff member, for any past years of service in employment for which he or she previously has been deprived of, or has been subject to reduction of, pension, severance, or separation payments pursuant to paragraph 1, when the person once again retires, is severanced, or resigns, or dies during the period of reemployment, no further pension or benefit payments shall be awarded, and furthermore those years of service shall be calculated in aggregate with the years of service after the reemployment and the provisions of Article 16 shall be complied with.