Act Governing Retirement, Severance, and Bereavement Compensation Under the Individual Account System for the Teaching and Other Staff of Public Educational Institutions Article 29

The retirement payments referred to in the preceding article are calculated and paid as stipulated below:1. Lum-sum payments: calculated on and paid from the cumulative total amount in the individual account.2. Monthly pensions: paid from the cumulative total amount in the individual account in accordance with one of the following options:(1)Amortized payments: The monthly amount is calculated in accordance with the annuity life table, based on the average remaining life expectancy and interest rates, and paid until the cumulative total amount in the account is exhausted.(2)Fixed amount payments: Before making their claim, the staff member decides on a particular amount of New Taiwan Dollars they will receive each month until the cumulative total amount in the account is exhausted.(3)Insurance annuity: The staff member uses the full amount of the cumulative total amount in their individual account in one lump sum to purchase an annuity insurance policy that meets the requirements of the Insurance Act, to provide a periodically paid retirement pension.A person who is collecting fixed amount payments as referred to in Subparagraph 2, Item 2 of the preceding paragraph may apply for adjustment of the payment amount. However, only two such adjustments are permitted in any one year.During the period in which a person collects their retirement money monthly in accordance with Paragraph 1, Subparagraph 2, Item 1 or Item 2, the person may apply to the management authority to temporarily suspend receiving their monthly pension, or to settle the remaining balance in the account and close the account. After the account is closed, the person is not permitted to request any further deposits be made.During the period in which a retired staff member collects their retirement money monthly in accordance with Paragraph 1, Subparagraph 2, Item 1 or Item 2, they may choose to invest the balance in their account independently and be responsible for the profits and losses. They may also choose that it be invested on their behalf by the management authority, in which case the return on investment is not permitted to be not be less than the 2-year fixed deposit interest rate offered by local banks. If any shortfall occurs, it will be made up by the National Treasury.A staff member who decides to receive their retirement money as a lump-sum may apply to temporarily postpone payment of the cumulative total amount in their individual account. During the temporary suspension of payment period, the management and utilization of the cumulative total amount in their individual account shall be handled by the management authority in accordance with the provisions of the latter part of the preceding paragraph.The annuity life table, average remaining life expectancy, interest rates, and calculation of the payment amounts referred to in Paragraph 1 shall be drafted by the management authority and submitted to the central competent authority for approval.If a person referred to in Paragraph 5 dies during the temporary suspension of payment period, the cumulative total amount in their individual account shall be paid to their survivors in one lump sum. The scope, order of entitlement, and proportional entitlements of the survivors shall be handled in accordance with the provisions of Article 34. However, if the deceased person left behind a will which designates a recipient or recipients, the matter shall be handled in accordance with the provisions of Article 37.
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29條
前條退休金,依下列規定計給:
一、一次退休金:以個人專戶之累積總金額計給。
二、月退休金:以個人專戶之累積總金額,按下列方式擇一支領:
(一)攤提給付:依據年金生命表,以平均餘命及利率等基礎計算每月領取之金額,直至專戶內累積總金額領罄為止。
(二)定額給付:由教職員於申請領受之前,自行決定每月領受新臺幣若干元,直至專戶內累積總金額領罄為止。
(三)保險年金:由教職員以個人專戶內累積總金額之全額一次繳足購買符合保險法規定之年金保險,作為定期發給之退休金。
依前項第二款第二目支領定額給付者,領取期間得申請調整發給金額。
但一年內之調整次數以二次為限。
依第一項第二款第一目或第二目領取月退休金者,於領取期間,得向退撫基金管理機關申請暫停領取月退休金,或辦理結清專戶內賸餘金額並予銷戶;銷戶後不得再要求存入。
退休教職員依第一項第二款第一目及第二目領取月退休金期間,其個人專戶內之餘額得選擇繼續進行自主投資,並自負盈虧;或交由退撫基金管理機關代為投資,其運用收益不得低於當地銀行二年期定期存款利率,如有不足,由國庫補足之。
擇領一次退休金者,得申請暫不領取個人專戶之累積總金額;暫不請領期間,其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前項後段規定辦理。
第一項所定年金生命表、平均餘命、利率及金額之計算,由退撫基金管理機關擬訂,報請中央主管機關核定。
第五項人員於暫不請領期間亡故者,其個人專戶之累積總金額由其遺族一次領回;遺族範圍、領受順序及比率,比照第三十四條規定辦理。
但生前預立遺囑指定請領人者,比照第三十七條規定辦理。

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