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Chapter Law Content

Chapter 1: General Rules
Article 1
The Enforcement Rules are enacted in accordance with Article 21 of the Statute Governing the Consolation Payment to Surviving Dependents at the Death of Teachers and School Staff (hereinafter referred to as the “Statute”).
Article 2
The term “all levels of public schools” mentioned in Article 2 of the Statute refers to national, provincial, municipal, county and city schools.
The term “teachers and school staff” mentioned in the same article refers to the principals, teachers and assistants appointed in accordance with the Statute Governing the Appointment of Educators and ratified to be qualified thereafter; and also the school staff who had been employed before the enforcement of the Statute Governing the Appointment of the Educators and did not need to apply for the change of rank and contract , whose job titles are listed under the framework of the schools or the subsidiary institutes they serve, and who have been ratified by the government agencies in charge of education administration and registered thereafter.
The teachers and school staff mentioned in the preceding paragraph only refer to those who are integrated under the framework of the schools, work full-time and are paid.
Article 3
For those qualified to the consolation in accordance with the Statute, their seniority after the enforcement of the amended Statute shall be counted from the actual months they have paid in accordance with the related laws to the Public Service Pension Fund (hereinafter referred to as the “Pension Fund”). The period when they have not paid in accordance with the related laws to the Pension Fund, or the period when they have applied to have certain amount of money returned due to resignation or dismissal, or the period when they have been returned the pension, layoff payment cannot be counted into their actual seniority.
The principals, teachers and assistants of the public schools, if having held the positions as political appointees, public servants or the military personnel, shall transfer the principal and interest of their previous fund which they have paid but not yet applied to withdraw to the Pension Fund during the change of the jobs so that the seniority during the period of previous jobs can be counted into the seniority of the current jobs.
If the principals, teachers and assistants of the public schools have been employed in other public offices or state-owned enterprises where the seniority may be counted together in accordance with the related regulations after the enforcement of the amended Statute, the schools they serve shall transfer the seniority to the government agencies in charge of the management of Public Service Pension Fund (hereinafter referred to as the “Fund Management Agencies). The Fund Management Agencies shall calculate the total sum of the final value in compound interest by comparing the seniority and rank level with the fee standard that the teachers and school staff shall pay and notify the schools the teachers and school staff serve to transmit the pension to the savings account of Pension Fund. The seniority may be counted together after the process.
If the principals, teachers and assistants of the public schools have been employed full-time in overseas Chinese schools registered at Overseas Chinese Affairs Commission after the enforcement of the amended Statute and the seniority thereof have not been counted to be dispensed pension or layoff payment, the schools they serve, after the verification of the original schools they have served and proved by the seals of Overseas Chinese Affairs Commission, shall transfer the seniority to the Fund Management Agencies. The Fund Management Agencies shall calculate the total sum of the final value in compound interest by comparing the seniority and rank level with the fee standard that the teachers and school staff shall pay and notify the schools the teachers and school staff serve to transmit the pension to the savings account of Pension Fund. The seniority may be counted together after the process.
The teachers and school staff who died at the posts after 5 June 1998, if the seniority which they had served the army was not counted into pension and been given payment, may have their seniority counted together with the Demobilization Certificates or other proofs of demobilization. However, the seniority during which they had served the army after the enforcement of the amended Statute shall be calculated by the teachers and school staff and the schools they serve in accordance with the payment proportion prescribed in Paragraph 3 of article 8 of the Statute Governing the Pension to Teachers and School Staff with the contracted salary level at the first employed school. The seniority may be counted together only after the fund fee is paid in accordance with Paragraph 3 of this Article.
Article 3-1
The death as a result of disease or accident referred to in Subparagraph 1 of Article 3 of the Statute does not include instances of a person taking their own life because of having committed a crime.
Article 4
If the teachers and school staff do not qualify for the application to the consolation payment in accordance with Article 3 of the Statute at their death, the Fund Management Agencies shall return the principal and interest they have paid to the Pension Fund.
The principal and interest of the Pension Fund mentioned in the preceding paragraph refer to the fee they themselves have paid to the Pension Fund and the interest gaining earned in accordance with Statute Governing the Management of Pension Fund for the Functionaries.
Article 5
The term “basic pay” mentioned in the Statute refers to the actual salary or annual bonus which the teachers and school staff receive in accordance with the related regulations.
Article 6
The term“ died in the course of duties assuming riskand danger ”mentioned in Subparagraph 1 of Paragraph 1 of Article 5 of the Statute refers to those who experience dangerous accidents and know that there is a high probability of daeth when performing such duties while such death can not be excluded in advance based on the circumstances at that time but still strive to perform such duties to death, regardless of personal safety.The phrase “[died] on the battlefield in the course of duties” refers to those who died from performing their duties or supporting the military mission at war on the battlefield .
The phrase “died from the dangers arise from the course of performing duties” mentioned in Subparagraph 2 of Paragraph 1 of Article 5 of the Statute refers to one of the following circumstances when performing duties or on the way to or back to duties:.
1. died from violence or dangerous accidents, and there is proximate causation between the death and the violence or dangerous accidents
2. died of sudden disease, and there is proximate causation between the death and the sudden disease.
The phrase “died from the danger or illness arise out of the public business ” mentioned in Subparagraph 3 of Paragraph 1 of Article 5 of the Statute refers to those who were assigned by the serving schools to excute certain missions starting from the set-off to the completion of the mission and until the return to the office or the residence with one of the following circumstances .
1. died from violence or dangerous accidents, and there is proximate causation between the death and the violence or dangerous accidents
2. died of sudden disease, and there is proximate causation between the death and the sudden disease.
The phrase “died from the accidents occurred in the office” mentioned in Subparagraph 4 of Paragraph 1 of Article 5 of the Statute refers to those who perform the duties in the place where they handle the office affairs within the office hours or the designated working hours with one of the following circumstances.
1. died from accidents, and there is proximate causation between the death and the accidents.
2. died of sudden disease, and there is proximate causation between the death and the sudden disease.
The educational authorities can, if necessary, invite experts and scholars to form a specialized team to review the qualification of the consolation cases arise from the death on duty.
Article 7
The term “will” mentioned in Paragraph 1 of Article 6 and Paragraph 3 of Article 9 of the Statute shall abide by Civil Code.
Article 8
The national medal of honor mentioned in Article 7 of the Statute refers to the medal conferred in accordance with the Statute Governing National Medal of Honor; the special achievements mentioned refer to one of the following conditions:
1. Be commended by President’s public proclamation and the biography thereof be recorded in Academia Historica; or,
2. Be ratified to receive the ampler consolation payment by the government agencies in charge of education administration.
Article 9
The brothers and sisters who cannot make a living mentioned in Subparagraph 3 of Paragraph 1 of Article 9 of the Statute refer to those who are mentally or physically disabled and proved by the doctors.
Those who have no supports mentioned in Subparagraph 4 of Paragraph 1 of Article 9 of the Statute refer to the surviving dependents who have no relatives obligatory to take care of one another in accordance with Civil Code and be proved by office of township, town, city or district that they cannot support themselves and have no capability to make a living.
Article 10
The consolation cases involving the death before the enforcement of the amended Statute shall be handled in accordance with the original regulations. However, if the surviving dependents qualify the conditions prescribed in Paragraphs 2 and 3 of Article 10 of the Statute shall be paid the consolation payment for lifetime or until they reach the legal age or until they graduate from the university in accordance with the previous standard of consolation payment before the enforcement of the amended Statute.
Article 11
The subsidies for the funeral payment mentioned in Article 15 of the Statute shall be disbursed by the budget of each level of government.
Article 12
The staff of the related public social education and academic institutes mentioned in Article 18 of the Statute who are qualified to apply mutatis mutandis to the Statute shall be handled and examined by the respective government agencies.