Act Governing Retirement, Severance, and Bereavement Compensation Under the Individual Account System for the Teaching and Other Staff of Public Educational Institutions Article 25

If a staff member in any of the following circumstances applies for retirement or severance, the educational institution and the competent authority shall decline to process the application:1. While on unpaid leave. However, this restriction does not apply if the provisions of Article 20, Paragraph 2 are satisfied.2. During a period of administrative suspension or provisional removal from employment.3. During a period of disciplinary suspension.4. While the educational or the competent authority is processing or has processed their provisional removal from their appointment, dismissal from employment, or denial of renewed employment, in accordance with the law.5. The staff member is suspected of having committed a criminal offense against the internal or external security of the State after the end of the Period of National Mobilization for Suppression of the Communist Rebellion, and any of the following circumstances pertains:(1)A final conclusive judgment regarding the alleged offense has not yet been rendered.(2)A public prosecutor has ruled that the alleged offense is non-indictable or that indictment is deferred, but the ruling has not yet become final.(3)A public prosecutor has ruled that indictment for the alleged offense is deferred, and that ruling is final, but the deferral period has not yet expired.6. The staff member has been put on trial for having committed a criminal offense in breach of the provisions of the Anti-Corruption Act or the provisions of the Offenses of Malfeasance in Office chapter of the ROC Criminal Code, and has been sentenced by a court to imprisonment for a fixed-term or a more severe punishment, but the sentence has not yet become final.7. A case involving the staff member has been referred by the responsible authority in accordance with the law for disciplinary action or has been referred to the Control Yuan for review, or has resulted in a responsible authority giving a ruling imposing a disciplinary sanction that has not yet taken effect.8. When governed by special provisions of other legislation.A person referred to in Subparagraphs 4 to 8 of the preceding paragraph shall initially be suspended from duties or provisionally removed from employment from the latest possible date of effect of age-mandated retirement(hereunder abbreviated to “the mandatory retirement date”). During the period of suspension or provisional removal from employment, the management and utilization of the cumulative total amount in the person’s individual account shall be handled by the management authority in accordance with the provisions of the latter part of Paragraph 4 of Article 29.Unless other special legal provisions apply, under the circumstances referred to in Paragraph 1, Subparagraph 2 or in the preceding paragraph a person maybe issued one-half of the base salary(based on seniority)that applies in the case of a person on administrative suspension or provisionally removed from employment, from the mandatory retirement date until the date the reason for the administrative suspension or provisional removal from employment ceases to exist.
中文原文 公立學校教職員個人專戶制退休資遣撫卹條例第25條
教職員有下列情形之一而申請退休或資遣者,學校及主管機關應不予受理:
一、留職停薪期間。
但符合第二十條第二項規定者,不在此限。
二、停職或停聘期間。
三、休職期間。
四、學校或主管機關依法辦理其停聘、解聘或不續聘期間。
五、動員戡亂時期終止後,涉嫌內亂罪或外患罪而有下列情形之一:
(一)所涉犯罪尚未判決確定。
(二)所涉犯罪經檢察官為不起訴或緩起訴處分,尚未確定。
(三)所涉犯罪經檢察官為緩起訴處分確定,尚未期滿。
六、涉嫌貪污治罪條例或中華民國刑法(以下簡稱刑法)瀆職罪章之罪,且經法院判處有期徒刑以上之刑,尚未確定。
七、因案經權責機關依法移送懲戒或送請監察院審查中,或已經權責機關依法為懲戒處分之判決尚未發生效力。
八、其他法律有特別規定。
前項第四款至第八款教職員,自屆齡退休至遲生效日(以下簡稱屆退日)起,應先行停職或停聘;停職或停聘期間個人專戶累積總金額之管理運用,由退撫基金管理機關比照第二十九條第四項後段規定辦理。
第一項第二款及前項人員自屆退日至原因消滅之日,除法律有特別規定外,得比照停職或停聘人員,發給半數之本(年功)薪額。

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