Laws Information

法規資訊
Title: Statute Governing the Retirement of School Faculty and Staff
Am Date: 2016-06-08
Legislative History: Amendment to Article 14 promulgated on June 08, 2016

Transaction

Amended

Article 14
If a person who has already retired, been dismissed with a severance payment, or resigned in accordance with the provisions of this Act or any other applicable ordinance then takes a teaching or other staff position at an educational institution, that person is not required to pay back the retirement, severance, or resignation payment already received. If the person subsequently applies to retire, their years of service before their previous retirement, dismissal with a severance payment, or resignation will not be taken into account.
When an educator at a public educational institution; a civil servant; a political appointee; a public enterprise employee; a democratically elected senior official; or a member of the military forces or some other public servant who transferred to a teaching or other staff position at an educational institution on or after 1 February 1996, in accordance with the provisions of this Act or any other ordinance has already collected a retirement (discharge), severance, or resignation (dismissal) payment, or a final settlement payment equivalent to the amount of retirement (discharge), severance, or resignation (dismissal) payment that the person would receive based on equivalent seniority, if such a person then takes or transfers to a teaching or other staff position at an educational institution, when the person subsequently applies to retire or is dismissed with a severance payment, their total seniority, comprising their seniority earned at their most recent position calculated in accordance with the provisions of this Act or any other applicable ordinance, together with the senority on the basis of which any previous retirement (discharge), severance, resignation (dismissal), or final settlement payment was made using a government budget allocation, cannot exceed the maximum calculated as stipulated in Article 5, Paragraph 2 and Paragraph 3, and in Article 21-1, Paragraph 1.
When any person referred to in the preceding paragraph who has served for 15 or more full years since taking or transferring to a position at an educational institution subsequently retires, they may receive retirement payment in accordance with the provisions of Article 5, Paragraph 1 and Paragraph 4, and the amount will be calculated based on their approved seniority at retirement. However, any seniority earned by a person after they took or transferred to such a position but before the implementation of the new pension scheme shall be calculated for that part earned in the years following their previous receipt of any retirement (discharge), severance, or final settlement payment which was made using a government budget allocation, and the retirement payment for their years of service following implementation of the new pension scheme shall be made in accordance with the pension category and calculation standards applicable to those years. The same method shall be used to calculate the seniority earned before the implementation of the new pension scheme in order to issue a severance payment to a person who is once again dismissed with a severance payment under some other ordinace.