These Rules are formulated in accordance with Article 22 of the Statute Governing the Retirement of School Faculty (hereinafter referred to as “the Statute”)

Public schools of all levels in Article 2 of the Statute refers to national schools, provincial schools and (province-level municipal) schools, and county (county-level municipal) schools.Faculty in the same Article refers to principals, teachers, and teaching Assistants with officially reviewed and approved qualifications that have been employed or appointed in accordance with the Statute Governing the Employment of Educational Personnel; administrative personnel, including those employed before the enactment of the Statute with responsibilities other than those of administrative affairs; and reposted or appointed technical personnel, whose job titles are listed in official organization of the school of services or of an agency affiliated to that school and whose employment have been approved by and registered with the governing educational agency.Faculty in the preceding paragraph refers only to those with full-time, paid employment within the organization.

Positions with specific physical requirements in Paragraph 2, Article 3 of the Statute refer to personnel in a teaching position of physical education or music and games for three (3) consecutive years or above upon retirement, and may apply to other positions with physical requirements approved by the Ministry of Education.

The age of retirement or voluntary severance for faculty shall be established according to date of birth as recorded in their household registration.According to Subparagraph 1 of Paragraph 1 of Article 4 of the Statute, the latest effective date for retirement is July 16 for retiring faculty born in the months of January to June, and January 16th of the next year for those born in the months of July to December. Faculty reaching age of retirement during the period of the first effective date of these Rules through June 30, 2003 shall have January 16, 2004 as the latest effective date for their retirement.

The mentally incapacitated or physically disabled stipulated in Subparagraph 2 of Paragraph 1 of Article 4 of the Statute shall be verified according to the definitions of full-disabled or semi-disabled stipulated in the Standard of Disabled Insurance Payments for Civil Servants. “Not capable of delivering service” refers to the inability of the person concerned to undertake own original task, nor are job transfers available; or that person is not competent for such positions though available,.

Faculty of continuance of service at own will whose service is still needed by the school of services as stipulated in Paragraph 2 of Article 4 of the Statute shall have the terms and duration of their service extension governed by same regulations governing civil servants, with the exception of professors and associate professors working at a junior college level or above, who shall be regulated separately by the Ministry of Education.

Base salaries in the Statute refer to base salaries or seniority salaries actually received by faculty by laws.Those who claiming pension in monthly installment may have their monthly installment increased pro rata upon ad hoc raises in salary.

Radix of lump sum pension payment in Subparagraph 2 of Article 5 and percentage of monthly installments in Subparagraph 3 of Article 5 of the Statute shall be calculated according to the standards listed in Appendix 1.Base salary of employee of the same level in Article 5 of the Statute refer to base salary or seniority salary payable to retiring faculty upon the effective date of their retirement. (Notes: for Appendix 1, please refer to page 11, Issue 6, Volume 2 of The Executive Yuan Bulletin)

Working capability in Paragraph 4, Article 5 of the Statute refer to those personnel who are not in any of the following conditions upon retirement, with proof issued by the school of services:1. Being full-disabled or semi-disabled, with proof issued by a public medical service institution, as defined by the standards for disabled insurance payments for civil servants2. Being a holder of Handbook for the Disabled3. Being mentally retarded, with proof issued by a public hospital4. Being on leave for over 6 consecutive months due to illness or injury

Professors of a junior college level and above who have academic distinction for outstanding performance in teaching or research in Paragraph 4 of Article 5 of the Statute refer to those who meet one of the following conditions and have been approved for a service extension after due process of application under relevant regulations concerning service extensions by professors of a junior college level and above:1. Being an Academian of Academia Sinica 2. Being an winner of academic awards by the Ministry of Education3. Being awarded outstanding research grants by the National Science Council of the Executive Yuan for three times and above4. Having personal publications with significant academic contribution in last 3 years.

Teaching position in Article 6 of the Statute refers to the position of a full-time teacher or principal of a public school.In the same article, serving as a teacher or principal for five (5) consecutive years or more refers to those who serve as a full-time teacher or principal continuously at a public school. Teachers or principals serving continuously but at different schools may have their years of service at respective schools included in their total seniority.Outstanding performances in the same article refer to faculty or public school principals being granted raise or bonus for the last five (5) consecutive years for assessed performance of faculty and principals respectively. For retiring personnel with outstanding performance but not governed by neither of these performance assessments, the school of services shall report concrete facts of such outstanding performance to the governing educational agency for review and approval.Regarding performances for the last five (5) years referred to in the preceding paragraph, should no raises have be given for one of those five (5) years due to excessive sick leaves from severe illness, such record may still be recognized as outstanding upon the strength of proof by the school approving such leaves.Regarding performances for the last five (5) years, should no raises have be given for two of those five (5) years due to excessive sick leaves from severe illness, radix or percentage of pension shall be granted according to any remaining seniority exceeding thirty-five (35) years of service after deducting the period for second no-raise assessment and any seniority thereafter. This stipulation applies only to those whose application for retirement upon their first no-raise assessment was not approved due to financial constraint of the governing agency.

Injury or illness caused by duty in Article 7 of the Statute refers to any of the following conditions:1. Injury or illness due to hazards from performing official functions2. Injury or illness due to accidents nearby school or when traveling to or from school on official functions3. Injury or illness due to accidents at work premises during extraordinary time4. Injury or illness due to chronic fatigue from diligent workInjury or illness caused by duty shall be verified upon the strength of proof issued by the school of services and medical proof issued by a public hospital.

Faculty reaching age 55 may be eligible for voluntary early retirement in Paragraph 2 of Article 5 of the Statute refer to faculty who have served for 25 years or more and whose early retirement is applied for and becomes effective within one year upon the date they reach age 55.Faculty applying for voluntary severance upon reaching the age of 35 or 45 in Paragraph 5 of Article 8 of the Statute refer to those faculty whose severance is applied for and becomes effective within one year upon the date they reach age of 35 or 45.

According to Paragraph 1 of Article 8 of the Statute, the government and faculty shall jointly contribute to pension and consolation fund (hereinafter referred to as “pension and consolation fund”). Government contributions shall be allocated under the annual budget of the governing government, the paying agency, or the school of services and be remitted to the management agency for civil servants pension and consolation fund (thereinafter referred to as “fund management agency”. Contributions from faculty shall be deducted by the school of services from their monthly salary payment upon remittance, and shall be immediately remitted to the fund management agency.

For personnel who are unqualified for additional radix of pension, who are taking a voluntary severance or a severance before due retirement, or have been dishonorably dismissed, the interests of their pension fund shall accrue up to the date before their severance upon their application for the refund of pension contributions by them.

For faculty whose retirement is governed by the Statute, unless stipulated otherwise in the Statute, their seniority after the enactment of the Statute shall be calculated according to the exact number of months when contributions of pension and consolation fund have been lawfully made, and shall exclude any period of services when no such contributions have been lawfully made, when application for the refund of pension fund has been filed upon severance or dismissal from work, or when pension or severance payment has already been made.After the amendment and enactment of the Statute, principals, teachers and teaching assistants of a public school who have already had seniority from their previous positions as politically appointed personnel, civil servants, or educational or military personnel, shall, upon their job transfer, have all their paid and deposited pension, including principal and interests, transferred to the designated account of pension and consolation fund before their previous seniority may be carried over.After the amendment and enactment of the Statute, principals, teachers and teaching assistants of a public school who may have their previous seniority from other public functions or jobs at a government-owned business carried over, the school of services, upon their job transfer, shall have the total amount of pension principal and compound interests calculated by the fund management agency concerned according to the pension contributions standard of employee of the same level, which then shall inform the school to remit the said amount to the designated pension and consolation fund account, before their previous seniority may be carried over.After the amendment and enactment of the Statute, principals, teachers and teaching assistants of a public school who have previously served as full-time faculty at an overseas Chinese school registered with the Overseas Chinese Affairs Commission but have not received pension or severance payment, provided that such fact has been verified with proof produced by the previous school in service and bearing stamped seal of the Overseas Chinese Affairs Commission for verification, the school of services, upon their job transfer, shall have the total amount of pension principal and compound interests calculated by the fund management agency concerned according to the pension contributions standard of employee of same level, which then shall inform the school to remit the said amount to the designated pension and consolation fund account, before their previous seniority may be carried over.Faculty whose retirement takes effect only after July 5, 1998 and who have previous seniority of compulsory military services, for which no pension has been remitted upon discharge or decommission, such seniority may be carried over upon the strength of certificate of discharge issued by the Ministry of Defense or of other documents proving the decommission of said personnel. However, any seniority of compulsory military services incurred after the amendment and enactment of the Statute shall be carried over only after the school of services and the said personnel, by referring to the agreed-upon level of salary at employment, have calculated their respective pension contributions according to respective proportions stipulated in Paragraph 3 of Article 3 of the Statute and have both paid such contributions in accordance with Paragraph 3 of this article.

Personnel already receiving pension prior to the enactment of the Statute shall be governed by the previous Statute. However, the exact amount of their pension payment may be adjusted pro rata upon a salary adjustment.

The valid period for application for issuance of pension payments in Article 10 of the Statute begins at the first day for issuance of monthly installment of the current period.

Personnel already receiving pension upon previous retirement or severance from a civilian or military position before reappointed or transferred to serve as faculty of a public school shall have their seniority calculated separately starting the first month of reappointment or transference.Upon retirement, personnel in the preceding paragraph shall have their radix or percentage of pension from previous retirement or severance carried over as part of the radix or percentage of the current pension. Such radix or percentage shall not exceed the upper limit set forth in Article 5 and Subparagraph 1 of Paragraph 1 of Article 21 of the Statute. Additional radix or percentage shall be granted up to said limit, and may not be granted to those who have already reached such limit in their previous retirement or severance.Retired personnel may not be reemployed as faculty by the same school.

Scope and order of the family of the deceased presonnel in Subparagraph 1 of Paragraph 14 of the Statute shall be governed by Article 1138 of the Civil Law.Family of the deceased personnel who are receiving consolation pension in accordance with Paragraph 14 and Subparagraph 1 of Paragraph 21 of the Statute shall become illegible when found to be under any of the conditions stipulated in Article 12 of the Statute.Family of the deceased personnel on consolation fund who have been deprived of civil rights shall have their right to monthly installment of consolation fund suspended upon the date of deprivation and until the date of reinstatement.

For faculty who have any seniority period for which pension payment has been made but not included in the total seniority, the pension management agency shall calculate and return to them in lump sum payment the principal and interests already paid according to the ratio of such period to total seniority upon their retirement.Faculty who are reappointed or transferred after previous retirement or severance for which the radix or percentage of such pension has already reached the upper limit shall receive in lump sum payment the principal and interests they have paid for the period of reappointment or transference.　Those whose previous retirement or severance for which the radix or percentage of such pension has not reached the upper limit shall be granted additional radix or percentage up to said limit, after which the principal and interests of any remaining seniority afterwards shall be calculated and remitted to them in lump sum payment by the pension management agency.

Principal and interests of pension fund in Article 16 of the Statute refer to pension contributions by personnel and the government and interests generated from uses of said pension fund in accordance with the Statute Governing Civil Service Pension and Consolation Fund Management.Principal and interests of pension fund in Article 21 of the Statute refer to pension contributions by personnel and interests generated from uses of said pension fund in accordance with the Statute Governing Civil Service Pension and Consolation Fund Management.

Employees of relevant public social education and academic institutes in Article 18 of the Statute whose retirement may be governed by the Statue shall have their retirement reviewed, approved and processed by their governing agency.Personnel with civil servant status in the provision of same Article refer to those who shall be employed in accordance with Civil Service Employment Act under the organizational charter of the employing agency and have been officially appointed after review and approval of their qualifications.

Additional lump sum compensation or monthly installment compensation in Paragraph 5 and lump sum compensation in Paragraph 6 of Article 21-1 of the Statute shall be calculated according to stipulations in Appendix 2.Personnel who are receiving both lump sum pension and monthly installment pension shall receive their additional compensation, as referred to in the preceding paragraph, calculated according to the ratio of lump sum pension to monthly installment pension.(Notes: For Appendix 2, please refer to Page 12, Issue 6, Volume 2 of the Executive Yuan Bulletin)

For private elementary and secondary schools whose educational district and students are assigned by the government in the same manners concerning public elementary and secondary schools, whose students are waived for tuition, and whose personnel and business expenses are covered by government budget, the retirement of their faculty may be governed by the Statute.