BUSINESS MERGERS AND ACQUISITIONS ACT Article 15

In the course of a merger/consolidation by a company, any sum of the pension reserves appropriated by the dissolved company remaining after paying pension and, if the dissolved company decides as such, making severance pay to the labor not retained and any labor declining the continued employment shall be totally transferred from the designated account of the labor pension reserves monitor commission of the company to that of the newly incorporated or surviving company.In the transfer of the entire business or any part of it by a company as a result of the acquisition of assets or division, the transferor company or the divided company, upon having paid pension to the labor not retained and then made the severance pay to any labor declining the continued employment(if the company decides as such), shall make the pro rata transfer of the remaining sum of the pension reserves appropriated for the labors who are transferred together with the business or the assets and applicable for the period of service of the pension system under Labor Standards Act to the designated account of the labor pension reserves monitor commission of the transferee company.Before the transferor company or the divided company appropriates the labor pension reserves proportionate to that required under the preceding paragraph, the labor pension reserves shall reach the amount specified as the minimum in filing the application for a suspension of appropriation under the applicable labor laws and ordinances; provided, however, that in case the labors are applicable for the period of service of the pension system under Labor Standards Act and already totally transferred to the transferee company, the remaining sum of the pension reserves shall be transferred to the designated account of the labor pension reserves monitor commission of the transferee company.
中文原文 企業併購法第15條
公司進行合併時,消滅公司提撥之勞工退休準備金,於支付未留用或不同意留用勞工之退休金後,得支付資遣費;所餘款項,應自公司勞工退休準備金監督委員會專戶全數移轉至合併後存續公司或新設公司之勞工退休準備金監督委員會專戶。
公司進行收購財產或分割而移轉全部或一部營業者,讓與公司或被分割公司提撥之勞工退休準備金,於支付未留用或不同意留用勞工之退休金後,得支付資遣費;所餘款項,應按隨同該營業或財產一併移轉適用勞動基準法退休金制度工作年資勞工之比例,移轉至受讓公司之勞工退休準備金監督委員會專戶。
讓與公司或被分割公司依前項規定比例移轉勞工退休準備金前,其提撥之勞工退休準備金,應達到勞工法令相關規定申請暫停提撥之數額。
但其具有適用勞動基準法退休金制度工作年資之勞工,已全數隨同移轉至受讓公司,所餘款項,應全數移轉至受讓公司之勞工退休準備金監督委員會專戶。

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