Act Governing Retirement, Severance, and Bereavement Compensation for the Teaching and Other Staff Members of Public Schools Article 87

If a staff member takes age-mandated or compulsory retirement under this Act, and his or her years of service in employment are less than 15 years, he or she may, to fulfill the conditions to claim monthly pension, calculate in aggregate therewith any years of service which are subject to the pension laws and regulations of another professional domain or field, and for which the person has not already claimed and received pension or other separation pay upon previously taking retirement or severance or settlement of years of service.If a staff member who has been employed for 5 years leaves employment after this Act comes into force without claiming pension or severance and without receiving any pension or benefit payment, and is reemployed in another professional domain, when the person subsequently retires, the person's original years of service as a staff member may be calculated in aggregate with their subsequent years of service, to fulfill the conditions to claim monthly pension, and the person may, within 6 months from the date of reaching age 65, submit relevant certifying documents in writing to the former employing school for forwarding to the competent authority for review and approval of his or her years of service and pension.The monthly pension received by a person under the preceding paragraph shall be calculated in accordance with Article 28, paragraph 2, and Article 30. The monthly retirement income thereof shall be handled in accordance with Articles 38 and 39.If any of the following circumstances applies to a person under the preceding two paragraphs, the provisions of paragraph 2 shall not be applicable.1. Is duly dismissed, discharged, removed from employment, or denied renewal of employment.2. At the time of expiration of the 6-month deadline set out in paragraph 2, there exists any statutory cause of loss of the right to claim pension as set out in Article 75.3. At the time of expiration of the 6-month deadline set out in paragraph 2, there exists any circumstance set out in Article 25, paragraph 1 under which a pension case may not be processed.If a person under paragraph 2 dies before having received the pension under this article, his or her survivors under Article 43 may apply under Article 10 for return of the principal, with interest, of the Pension Fund premium originally paid by the person himself or herself.If a person under the preceding article or under paragraph 2 dies during the period of receipt of the monthly pension, the provisions of this Act regarding survivor annuity or lump-sum survivor benefit shall not be applicable to his or her survivors.
中文原文 公立學校教職員退休資遣撫卹條例第87條
教職員依本條例辦理屆齡或命令退休且任職年資未滿十五年者,得併計曾任適用其他職域職業退休金法令且未曾辦理退休(職、伍)、資遣或年資結算已領取退離給與之年資,成就請領月退休金條件。
教職員任職滿五年,於本條例施行後未辦理退休或資遣而離職且未支領退撫給與者,於轉任其他職域工作後辦理退休(職)時,得併計原教職員年資成就請領月退休金條件,並於年滿六十五歲之日起六個月內,以書面檢同相關證明文件,送原服務學校函轉主管機關審定其年資及月退休金。
前項人員支領之月退休金,依第二十八條第二項及第三十條規定計算。
其每月退休所得應依第三十八條及第三十九條規定辦理。
第二項人員有下列情形之一者,不適用第二項規定:
一、依法被撤職、免職、免除職務、解聘或不續聘。
二、第二項所定六個月辦理期限屆滿時,有第七十五條所定喪失辦理退休權利之法定事由。
三、第二項所定六個月辦理期限屆滿時,有第二十五條第一項所定不得受理退休案之情事。
第二項人員於尚未支領本條所定退休金之前死亡者,得由其第四十三條所定遺族,依第十條規定申請發還其本人原繳付之退撫基金費用本息。
前條及第二項人員於月退休金支領期間死亡者,其遺族不適用本條例遺屬年金或遺屬一次金之規定。

English translation for reference only; the Chinese text prevails. Not legal advice.