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Chapter Law Content

Chapter I General Principles
Section 2 Provision, Reserve, and Management of Pension and Benefit Payments
Article 6
For those pension and benefit payments under the preceding paragraph that are calculated based on years of service before the implementation of the New Pension System, each competent authority shall prepare a budget to pay the payments. For those that are calculated based on years of service after the implementation of the New Pension System years of service, the payments shall be paid out of the Pension Fund.
Article 7
Any years of service during which a principal or teacher was formerly employed as a paid, full-time, qualified principal or teacher within the staff complement of a private school, for which no pension, separation pay, or severance pay has yet been approved and paid and for which written verification has been provided by his or her former employing school, may be included in the person's years of service, and his or her pension, bereavement compensation, or severance pay shall be calculated and paid in accordance with the following provisions:
1. For years of service at a private school before(and including)31 December 2009, the content of the base unit, and maximum countable base units, for the person's pension, bereavement compensation, or severance pay shall be handled in accordance with the provisions governing private school staff member pension, bereavement compensation, and severance pay that originally were in force before the enforcement of the Act Governing the Retirement, Bereavement Compensation, and Discharge with Severance Pay Benefits for the Teaching and Other Staff of School Legal Persons and their Respective Private School(s)(hereinafter, the "Private School Retirement and Compensation Act"), and the payments shall be made by the Management Committee Managing Retirement, Compensation, Resignation, and Severance Fund Matters for Private School Teachers and Staff of the ROC(hereinafter, the "Fund Management Committee")out of the original Retirement, Bereavement Compensation, Resignation, and Severance Fund for Private School Teaching and Other Staff Members.
2. For years of service at a private school after(and including)1 January 2010, the Fund Management Committee, in accordance with the Private School Retirement and Compensation Act, shall pay the accumulated principal and interest out of the Retirement and Compensation Fund into the person's individual Retirement and Compensation Fund Account.
Article 8
A staff member and the government shall jointly make monthly contributions of the Pension Fund premium to create the Pension Fund referred to in Article 6, and the government shall be responsible for guaranteeing ultimate payment.
The monthly Pension Fund premium under the preceding paragraph shall be contributed at a rate of from 12 percent to 18 percent of twice the staff member's base salary(or seniority salary), of which the government shall contribute 65 percent and the staff member shall contribute 35 percent.
If a staff member, while duly taking unpaid leave, is seconded to serve at another school, and fills an employment vacancy in that school and is duly paid salary, then during the unpaid leave period the Pension Fund premium contributions shall be handled by the school to which the staff member has been seconded, in accordance with the provisions of the preceding paragraph, based on the person's salary grade.
For a staff member's years of service after the enforcement of this paragraph in which the person duly takes unpaid leave for childcare purposes, the staff member may choose to bear the full premium burden and continue to pay the Pension Fund premium.
The Pension Fund premium paid by a staff member under this Act shall be excluded in the computation of annual taxable salary income.
Article 9
The actual contribution rate of the Pension Fund premium under paragraph 2 of the preceding article shall be set and announced by the Executive Yuan jointly with the Examination Yuan based on the results of periodic financial and actuarial calculations for the Pension Fund.
If and when, according to the financial and actuarial results under the preceding paragraph, the optimal contribution rate with respect to unamortized liability due to past failure to contribute premium reaches 1.5 times or more the current actual contribution rate, the Executive Yuan, jointly with the Examination Yuan, shall within 3 months raise the contribution rate by at least 1 percent, but the raised contribution rate may not exceed the contribution rate ceiling specified in paragraph 2 of the preceding article.
For the periodic financial and actuarial calculations for the Pension Fund under paragraph 1, the authority charged with managing the Pension Fund shall, with respect to the receipts and expenditures, management, and utilization of the Pension Fund, make actuarial calculations at least once every 3 years, and in each instance the actuarial calculations shall cover at least 50 years.
Article 10
When a staff member claims pension, severance, or bereavement compensation, if there are any years of service for which the staff member paid Pension Fund premium in accordance with this Act but which are not aggregated into the creditable years for which he or she is paid pension, severance pay, or bereavement compensation, the Pension Fund management institution, after calculating the ratio of the uncredited years of service to the years of service for which premium was paid, shall return to the staff member in one lump sum the principal, with interest, of the Pension Fund premium originally contributed by the staff member himself or herself corresponding to the uncredited service period.
A staff member who resigns without meeting the conditions for pension or severance may apply for return in one lump sum of the principal, with interest, of the Pension Fund premium originally contributed by the staff member himself or herself.
If, after a staff member dies, there exists any circumstance precluding the payment of bereavement compensation as set out in the proviso to paragraph 2 of Article 52, his or her survivors under Article 62 may apply for return in one lump sum of the principal, with interest, of the Pension Fund pemium originally contributed by the staff member himself or herself.
The provisions of the preceding two paragraphs regarding return of the principal, with interest, of the Pension Fund premium shall not apply to years of service for which a staff member contributed Pension Fund premium under this Act if the staff member has or had already received received pension or other separation pay for those years.
Article 11
The utilization and management of the Pension Fund shall be entrusted to an entity dedicated to that purpose, which shall conduct professional investment, and shall make quarterly publicly disclosures of information relating to the receipts, expenditures, and utilization of the Fund
Unless otherwise provided for in this Act, matters related to the receipts, expenditures, management, and utilization of the Pension Fund under this Act and the organization of the dedicated entity under the preceding paragraph shall be prescribed by statutory law.