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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/23 21:34
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Chapter Law Content

Chapter IV Payment (Disbursement), Guarantee, and Modification of Pension and Benefit Payments
Section 2 Amendment and Guarantee of Pension and Benefit Payments
Article 75
If any of the following circumstances applies to a staff member or his or her survivor, he or she shall lose the right to claim pension and benefit payments:
1. Is deprived of civil rights for life.
2. Is convicted by a final and conlusive judgment of an offense against the internal or external security of the State after the end of the Period of National Mobilization in Suppression of Communist Rebellion.
3. Loses, or does not have, ROC citizenship.
4. Is sentenced to a criminal penalty by a final and conclusive judgment for having intentionally, for the purpose of receiving a lump-sum survivor benefit, survivor annuity, or bereavement compensation, caused the death of the retired staff member, actively serving staff member, or another survivor entitled to receive such a benefit.
5. As otherwise set out in a special provision of another law.
If any of the following circumstances applies to a staff member receiving a monthly or partial monthly pension, or to a survivor receiving monthly bereavement compensation or survivor annuity, the person shall lose the right to continue to rceive monthly pension, monthly bereavement compensation, or survivor annuity:
1. Dies.
2. Is deprived of civil rights for life.
3. Is convicted by a final and conlusive judgment of an offense against the internal or external security of the State after the end of the Period of National Mobilization in Suppression of Communist Rebellion After the end of the Period of National Mobilization in Suppression of Communist Rebellion.
4. Loses ROC citizenship.
If a staff member who has already duly paid Pension Fund premium loses the right to receive pension or benefit payments under one of the two preceding paragraphs, an application may still be made under Article 10, paragraph 2 for return of the principal, with interest, of the Pension Fund premium contributed by the staff member himself or herself. However, for a person under the preceding paragraph, the amount that may be returned is limited to the difference between the amount of the principal, with interest, of the Pension Fund premium contributed by the staff member himself or herself who retired or died during active service and the amount that has already been received in monthly pension, monthly bereavement compensation, or survivor annuity. If there is no difference, no amount shall be returned.
Article 76
If any of the following circumstances applies to a retired staff member who has been approved for and receives a monthly or partial monthly pension, the person's right to receive the monthly pension shall be suspended, and shall be restored when the cause ceases to exist:
1. During a period when the person receives a regular courtesy payment for former service as President or Vice President.
2. During a period of imprisonment under a sentence imposed by a final and conclusive judgment for commission of an offense under the Anti-Corruption Act or under the Offenses of Malfeasance in Office chapter of the Criminal Code.
3. During a period when the person is deprived of civil rights, and the rights have not yet been reinstated.
4. During a period when the person is subject to a warrant for arrest.
5. As otherwise set out in a special provision of another law.
If any of the circumstances in the subparagraphs of the preceding paragraph applies to a survivor who receives monthly bereavement compensation or survivor annuity, the right to receive the bereavement compensation or survivor annuity shall be suspended, and shall be restored when the cause ceases to exist.
Article 77
In the case of a retired staff member who has been approved for and receives a monthly or partial monthly pension and who is reemployed in a paid position, if any of the following circumstances applies, the person's right to receive the monthly pension shall be suspended, and shall be restored when the cause ceases to exist:
1. Is reemployed in a position with an agency, institution, school, or group with salary, wages, or public expenses(hereinafter, "remuneration")disbursed out of a government budget, and the total amount of the remuneration received monthly exceeds the statutory basic wage.
2. Is reemployed in any of the following positions, and the total amount of remuneration received monthly exceeds the statutory basic wage:
(1)Position in an administrative juristic person or public juristic person.
(2)Position in a foundation of which the funding originally or contributed or donated or subsequently contributed or donated by the government cumulatively reaches 20 percent or more of the total assets of the foundation.
(3)Position in an enterprise in which the government or an enterprise fund or nonprofit fund of the government has made equity investment, and the cumulative amount of such equity investment reaches 20 percent or more of the total capital of the enterprise.
(4)Position in one of the following groups or institutions of which the government directly or indirectly controls the personnel, finances, or business:
i. A foundation or a group or institution belonging to the foundation.
ii. An enterprise or a group or institution belonging to the enterprise.
If the paying or disbursing agency of a retired staff member's monthly pension discovers that the retired staff member has been re-enrolled in insurance through an agency, institution, school, group, or juristic person under the preceding paragraph, it may preliminarily suspend payment of the retired staff member's monthly pension. After the retired staff member has applied for reinstatement and submitted relevant proof that the total monthly remuneration he or she receives does not exceed the statutory basic wage, the agency shall then reinstate payment and make up the payment of the monthly pension from the period of the suspension.
If a retired staff member who has been reviewed and approved by the competent authority to receive a monthly or partial monthly pension and then is reemployed in a position as a chairman or chief executive officer of any institution listed in paragraph 1, subparagraph 2, the age at which he or she first takes up that position may not exceed 65.
If a person under the preceding paragraph reaches age 70 before the end of his or her term of office, he or she shall immediately be replaced. This restriction shall not apply, however, in a case in which there are special considerations and the approval of the superior Yuan [i.e. the highest body of the relevant branch of government] has been obtained.
Article 78
If a staff member, after retiring, is reemployed in any of the following positions, the monthly remuneration received by the person may exceed the statutory basic wage, and shall not be subject to the provisions of the preceding article regarding suspension of the right to receive monthly pension:
1. Is employed or hired to carry out emergency or disaster response or relief work for the government because of the occurrence of an emergency or disaster.
2. Is employed or hired to serve in a public medical agency or institution in a mountain region, outlying island, or other remote area, to engage in primary medical and health care duties.
Article 79
If a staff member, during a period of active service, commits an offense under the Anti-Corruption Act or under the Offenses of Malfeasance in Office chapter of the Criminal Code, or takes advantage of his or her authority, opportunity, or means afforded by his or her position to commit another offense, and is subsequently convicted and sentenced by a final and conclusive judgement, after already having retired, been severanced, or resigned, the person shall be deprived of, or have reduced, any related pension, severance, or separation payments, as set out in the provisions listed below; if the payment has already been made, recovery shall be pursued of the full or partial amount that should be subject to the deprivation or reduction:
1. If finally and conclusively sentenced to the death penalty, life imprisonment, or imprisonment for 7 years or longer, he or she shall be deprived ab initio of the pension, severance, or separation payments.
2. If sentenced to imprisonment for 3 years or longer but less than 7 years, his or her receivable pension, severance, or separation payments shall be reduced ab initio by 50 percent.
3. If sentenced to imprisonment for 2 years or longer but less than 3 years, his or her receivable pension, severance, or separation payments shall be reduced ab initio by 30 percent.
4. If sentenced to imprisonment for 1 year or longer but less than 2 years, his or her receivable pension, severance, or separation payments shall be reduced ab initio by 20 percent.
If a suspended sentence is pronounced for a person under the preceding paragraph, and the suspension of sentence has not been voided at the end of the period of the suspended sentence, then from the time of the end of the period of the suspended sentence, the provisions of subparagraphs 3 and 4 of the preceding paragraph shall not apply, and the amount of any reduction that has already been made in the relevant pension, severance, or separation payments shall be made up to the person by the respective disbursing agencies.
The relevant pension, severance, or separation payments of which a person shall be deprived or which shall be reduced, as referred to in paragraph 1, shall be limited to those which are approved and given for the years of service in employment preceding his or her most recent retirement, severance, or resignation; they comprise the following types of payments:
1. Pension or severance pay disbursed pursuant to this Act.
2. Compensation payment under the Regulations Governing the Payment of Pension, Other Cash Payments, and Compensation Payment to Government Employees and Public School Teachers.
3. Pension Fund premium principal contributed by the government, and interest thereupon.
4. Preferential deposit interest.
5. Survivors' lump-sum survivor benefits or survivor annuity.
If with respect to the same case involving the person under paragraph 1, another law imposes a more severe disposition for the deprivation or reduction of pension, severance, or separation payments, the person shall be penalized by the more severe disposition.
If a retired staff member, after retiring or being severanced under this Act, is subsequently reemployed as a staff member, for any past years of service in employment for which he or she previously has been deprived of, or has been subject to reduction of, pension, severance, or separation payments pursuant to paragraph 1, when the person once again retires, is severanced, or resigns, or dies during the period of reemployment, no further pension or benefit payments shall be awarded, and furthermore those years of service shall be calculated in aggregate with the years of service after the reemployment and the provisions of Article 16 shall be complied with.
Article 80
If a staff member, during a period of active service, is involved in a case of sexual assault on compus, and is subsequently convicted and sentenced by a final and conclusive judgement to a sentence of imprisonment or greater severity, after already having retired, been severanced, or resigned, the person shall be deprived ab inito of any related pension, severance, or separation payments; if the payment has already been made, its recovery shall be pursued:
Article 81
If a staff member is subject to a demotion or a salary-reducing disciplinary sanction after already having retired or been severanced pursuant to this Act, the basis for calculation of his or her pension or severance pay shall be changed to the salary grade or salary amount subsequent to the demotion or salary reduction; the date for implementation of the change shall be as follows:
1. If the written disciplinary sanction decision is delivered to the competent authority with jurisdiction over the sanctioned person after the retirement or severance, it shall be enforced from the day after the delivery of the written decision to the competent authority.
2. If the written disciplinary sanction decision is delivered to the competent authority with jurisdiction over the sanctioned person before the retirement or severance, but is not yet enforced, it shall be enforced from the enforcement date for the disciplinary sanction decision.
Article 82
If a staff member who applies for pension or severance, or a survivor who claims a bereavement payment, lump-sum survivor benefit, or survivor annuity, under this Act, disagrees with the outcome of the competent authority's decision upon its review of the application or claim, the staff member or survivor may, according to his or her status, respectively seek remedy under the Teachers Act, the Administrative Appeal Act, or the provisions, applicable mutatis mutandis, of the Civil Service Protection Act. If there is a cause for reopening of the administrative procedure, such as an obvious error, the occurrence of a new fact, or discovery of new evidence, the person may take measures under the applicable provisions of the Administrative Procedure Act.
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