Chapter 4 Remittance of Consolation Fund
Article 39
Upon the death of personnel on pension and/or on monthly pension in accordance with the Statute, the application for their consolation fund shall be processed as follows:
1. Family of the deceased personnel submit original copy of certificate of monthly pension, document relevant to household registration, death certificate, and application form of opting for monthly consolation for those so wishing, to the original school of services, which shall then report the case to the governing educational agency for approval and for subsequent notification to the paying agency for remittance of consolation fund.
2. For deceased personnel without any existing family members, their legal heir designated in a will established prior to the personnel’s death shall submit said legal will, original copy of certificate of monthly pension, document relevant to household registration, death certificate, and personal identification of the designated heir to the original school of services, which shall then report the case to the governing educational agency for approval and for subsequent notification to the paying agency for remittance of consolation fund.
3. For deceased personnel without any existing family members but with legally binding will established prior to said personnel’s death which designates the use of receivable consolation, the consolation fund will be claimed and processed according to said will by the original school of services.
4. For deceased personnel without any existing family members or legal will designating the use of consolation payable to said personnel, the original school of services shall submit original copy of certificate of monthly pension and death certificate to apply with the governing educational agency for approval and for subsequent notification to the paying agency for remittance of consolation fund to be used as funeral fee, after which any remaining amount shall go to the national treasury.
In the case of several family members of the deceased personnel are legible, the consolation fund shall be evenly shared among those family members.
Article 40
The standard of receivable lump sum payment in Paragraph 2 of Article 14-1 of the Statute refers to the stipulation that the radix of lump sum payment for deceased personnel shall be calculated as the double of the base salary or seniority salary of incumbent employee of same level upon the death of said personnel. However, for retiring personnel who have seniority both before and after the amendment and enactment of the Statute shall have their seniority periods upon retirement calculated by respective standards and definitions of radix before and after the amendment and enactment of the Statute.Previously paid monthly installment pension to be deducted shall include pension payment already made according to the approved percentage for the retired personnel.Remittance of remaining amount refers to the remittance of any remaining amount after deducting the total amount of previously paid monthly installments in accordance with Paragraph 2 for the lump sum payment of pension payable to retired personnel calculated in accordance with Paragraph 1.For the remittance of consolation fund at an amount equal to 6 radix units of incumbent personnel of same level, such radix for lump sum payment shall be calculated as the double of the base salary or seniority salary of incumbent personnel of same level upon the death of retired personnel.Of the one-time consolation based on 6 radix units in the preceding paragraph, an amount equal to the percentage of approved seniority after the amendment and enactment of the Statute out of the total seniority both before and after the enactment of the Statute shall be paid for out of the pension and consolation fund, and the remaining amount shall be paid for out of the pre-allocated budget of governments of all levels. Upon the death of retired personnel who are also on monthly pension, the consolation fund at an amount equal to 6 radix units of incumbent personnel of same level shall be calculated according to the percentage of monthly pensions.
Article 41
Monthly bereavement compensation payments, as monthly retirement pension payments are, shall be issued starting from the next set date after the death of the retired staff member. If the survivors of a deceased retired staff member do not apply for the consolation payment in accordance with the provisions of Article 39 and as a result, an excess monthly retirement pension payment is received for the monthly period following the one in which the person died, the payment authority shall be notified by the educational institution where the deceased person was formerly employed to verify the situation and recoup the excess monthly retirement pension payment made from the bereavement compensation payable to the survivors.
Article 42
Monthly consolation payment is lifelong valid for recipients who are a parent or the spouse, provided remaining un-remarried, of the deceased personnel, and is valid for minor offspring until they reach adulthood.
Article 43
Right to consolation payment is granted only to family of the deceased personnel (only) on monthly pension or to their designated heir, and shall be revoked when not exercised for a period of 5 years upon the date of said personnel’s death. In the event that such void of exercise has been caused by force majeure, the valid period shall begin when such right become exercisable again. The start date for claiming the right to monthly consolation payment shall be the first remittance date of pension for that period.
Article 44
Personnel (only) on monthly pension in accordance with the Statute who are reemployed as paid a civil servant and then died while reemployed shall be granted consolation payment in accordance with the Statute.