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

Print Time:2024/11/27 14:06
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Chapter Law Content

Chapter V Transition in the Years of Service System
Article 86
If a staff member who has been employed for 5 years leaves employment after this Act comes into force without claiming pension or severance, unless otherwise provided in this Act, the staff member may retain his or her years years of service in employment, and subsequently, within 6 months from the date of reaching age 65, may submit relevant certifying documents in writing to the former employing school for forwarding to the competent authority for review and approval of his or her years of service and pension pursuant to Article 31, paragraphs 1 and 2.
The pension received by a person under the preceding paragraph shall be calculated in accordance with Article 28, paragraph 2, and Article 30. If a monthly pension is received, the monthly retirement income shall be handled in accordance with Articles 38 and 39.
If a person under paragraph 1 dies before having received the pension under this article, his or her survivors under Article 43 may apply under Article 10 for return of the principal, with interest, of the Pension Fund premium originally paid by the person himself or herself.
If any of the following circumstances applies to a person under paragraph 1, the provisions of paragraph 1 and paragraph 2 shall not be applicable.
1. Is duly dismissed, discharged, removed from employment, or denied renewal of employment.
2. At the time of expiration of the 6-month deadline set out in paragraph 1, there exists any statutory cause of loss of the right to claim pension as set out in Article 75.
3. At the time of expiration of the 6-month deadline set out in paragraph 1, there exists any circumstance set out in Article 25, paragraph 1 under which a pension case may not be processed.
4. The person's years of service as a staff member have already been treated in accordance with Article 87, paragraph 2.
Article 87
If a staff member takes age-mandated or compulsory retirement under this Act, and his or her years of service in employment are less than 15 years, he or she may, to fulfill the conditions to claim monthly pension, calculate in aggregate therewith any years of service which are subject to the pension laws and regulations of another professional domain or field, and for which the person has not already claimed and received pension or other separation pay upon previously taking retirement or severance or settlement of years of service.
If a staff member who has been employed for 5 years leaves employment after this Act comes into force without claiming pension or severance and without receiving any pension or benefit payment, and is reemployed in another professional domain, when the person subsequently retires, the person's original years of service as a staff member may be calculated in aggregate with their subsequent years of service, to fulfill the conditions to claim monthly pension, and the person may, within 6 months from the date of reaching age 65, submit relevant certifying documents in writing to the former employing school for forwarding to the competent authority for review and approval of his or her years of service and pension.
The monthly pension received by a person under the preceding paragraph shall be calculated in accordance with Article 28, paragraph 2, and Article 30. The monthly retirement income thereof shall be handled in accordance with Articles 38 and 39.
If any of the following circumstances applies to a person under the preceding two paragraphs, the provisions of paragraph 2 shall not be applicable.
1. Is duly dismissed, discharged, removed from employment, or denied renewal of employment.
2. At the time of expiration of the 6-month deadline set out in paragraph 2, there exists any statutory cause of loss of the right to claim pension as set out in Article 75.
3. At the time of expiration of the 6-month deadline set out in paragraph 2, there exists any circumstance set out in Article 25, paragraph 1 under which a pension case may not be processed.
If a person under paragraph 2 dies before having received the pension under this article, his or her survivors under Article 43 may apply under Article 10 for return of the principal, with interest, of the Pension Fund premium originally paid by the person himself or herself.
If a person under the preceding article or under paragraph 2 dies during the period of receipt of the monthly pension, the provisions of this Act regarding survivor annuity or lump-sum survivor benefit shall not be applicable to his or her survivors.
Article 88
The provisions of Articles 79 to 81 also apply to those who receive monthly pension or lump-sum pension payments under the preceding two articles.
The provisions of Articles 71, 72, and 76 to 78 also apply to those who receive monthly pension under the preceding two articles during the period in which they receive the monthly pension.
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