Act Governing Retirement, Severance, and Bereavement Compensation Under the Individual Account System for the Teaching and Other Staff of Public Educational Institutions Article 48

A staff member has the exclusive right to claim the retirement money and severance pay detailed in this Act. No other person is permitted to apply for or receive them in place of the staff member, except in the following circumstances:1. If a staff member who has reached the age of 65 refuses to accept age-mandated retirement in accordance with regulations, and the employing educational institution takes the initiative to submit the relevant documents to the competent authority for review and approval of the age-mandated retirement.2. When a person who is required to arrange compulsory retirement has not carried out the associated procedures in accordance with regulations, and pursuant to the provisions of Article 22, the employing educational institution takes the initiative to submit the relevant documents to the competent authority to arrange compulsory requirement.3. If an employee dismissed with severance pay does not act in accordance with regulation and fails to complete a form setting out the facts related to their being discharged and submit this and related documentary evidence to the employing educational institution to send to the competent authority to review and approve their years of service for severance purposes, the employing educational institution must handle the matter on the person's behalf.4. When the staff member is subject to a guardianship order or an assistance order which has not yet been revoked, and it is necessary for their legal guardian or assistant to apply for retirement or severance on the staff member's behalf.5. When the staff member's survivors apply for a lump-sum payment of the cumulative total amount in the deceased person’s individual account, in accordance with the provisions of Article 26, Paragraph 3.
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48條
教職員請領本條例所定退休金及資遣給與,屬教職員之專屬權利,除下列情形外,不得由他人代為申請及領受:
一、年滿六十五歲而拒依規定辦理屆齡退休,經服務學校主動檢同相關文件,送主管機關審定屆齡退休者。
二、應予命令退休人員未依規定辦理命令退休,經服務學校依第二十二條規定,主動檢同相關文件,送主管機關辦理命令退休者。
三、資遣人員未依規定填具資遣事實表並檢同相關證明文件,交由服務學校函送主管機關審定資遣年資,須由服務學校代為辦理者。
四、受監護宣告或輔助宣告尚未撤銷,須由法定監護人或輔助人代為申請退休或資遣者。
五、依第二十六條第三項規定,改由遺族一次請領個人專戶累積總金額者。

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