Labor Pension Act Article 13

For protecting employees' retirement payment, employers shall precisely calculate the appropriation rate of labor retirement reserve funds in accordance with such factors as the number, wages, seniority and turnover rate of those employees who are covered by the retirement mechanism in the Labor Standards Act and reserve their seniority prior to the application of the Act, and shall continuously appropriate labor retirement reserve funds sufficiently for each month in accordance with Paragraph 1 of Article 56 of the Labor Standards Act for five years to provide for employees' retirement payment.When an employer and an employee agree to pay off the retirement payment in accordance with Paragraph 3 of Article 11, it may be paid from the labor retirement reserve fund account established in accordance with Paragraph 1 of Article 56 of the Labor Standards Act.The retirement payments that shall be given to employees in accordance with Paragraph 4 of Article 11 shall be handled pursuant to Article 9 of the Act of Privatization of Government-Owned Enterprises.
中文原文 勞工退休金條例第13條
為保障勞工之退休金,雇主應依選擇適用勞動基準法退休制度與保留適用本條例前工作年資之勞工人數、工資、工作年資、流動率等因素精算其勞工退休準備金之提撥率,繼續依勞動基準法第五十六條第一項規定,按月於五年內足額提撥勞工退休準備金,以作為支付退休金之用。
勞雇雙方依第十一條第三項規定,約定結清之退休金,得自勞動基準法第五十六條第一項規定之勞工退休準備金專戶支應。
依第十一條第四項規定應發給勞工之退休金,應依公營事業移轉民營條例第九條規定辦理。

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