A staff member has the exclusive right to claim the retirement money and severance pay detailed in this Act. No other person is permitted to apply for or receive them in place of the staff member, except in the following circumstances:
1. If a staff member who has reached the age of 65 refuses to accept age-mandated retirement in accordance with regulations, and the employing educational institution takes the initiative to submit the relevant documents to the competent authority for review and approval of the age-mandated retirement.
2. When a person who is required to arrange compulsory retirement has not carried out the associated procedures in accordance with regulations, and pursuant to the provisions of Article 22, the employing educational institution takes the initiative to submit the relevant documents to the competent authority to arrange compulsory requirement.
3. If an employee dismissed with severance pay does not act in accordance with regulation and fails to complete a form setting out the facts related to their being discharged and submit this and related documentary evidence to the employing educational institution to send to the competent authority to review and approve their years of service for severance purposes, the employing educational institution must handle the matter on the person's behalf.
4. When the staff member is subject to a guardianship order or an assistance order which has not yet been revoked, and it is necessary for their legal guardian or assistant to apply for retirement or severance on the staff member's behalf.
5. When the staff member's survivors apply for a lump-sum payment of the cumulative total amount in the deceased person’s individual account, in accordance with the provisions of Article 26, Paragraph 3.

In all cases in which a staff member or any of their survivors applies for retirement or benefit payments pursuant to this Act, the relevant competent authority shall give written instructions for the administrative action to be taken.

All retirement and benefit payments referred to in in this Act shall without exception be directly remitted into an account of a financial institution. Unless other provisions of this Act apply, the payments shall be disbursed in accordance with the following provisions:
1. After review and approval by the competent authority, a lump-sum retirement payment shall be paid at a time after the effective date of retirement. After review and approval by the competent authority, the initial installment of a monthly pension shall be paid beginning from the effective date of retirement. The second and subsequent monthly pension installments shall be paid once a month. However, if the staff member chooses to receive quarterly, semi-annual, or yearly payments, the periodic payments shall be made in accordance with the method chosen by the staff member.
2. After review and approval by the competent authority, severance pay shall be paid beginning from the effective date of severance.
3. Lump-sum bereavement compensation shall be paid after review and approval by the competent authority.
4. After review and approval by the competent authority, the initial monthly bereavement compensation installment shall be paid in the month following the death of the staff member. The second and subsequent installments of monthly bereavement compensation shall be paid once a month in accordance with the uniform operations for such payments. The same applies to additional monthly bereavement compensation payments paid monthly in accordance with the number of minor children among the survivors referred to in Article 43.
The "monthly pension" referred to in Subparagraph 1 of the preceding paragraph refers to a monthly pension received in accordance with the provisions of Article 29, Paragraph 1, Subparagraph 2, Item 1 or Item 2.
If a staff member receives a monthly pension in accordance with the provisions of Article 29, Paragraph 1, Subparagraph 2, Item 3, the pension will be paid at regular intervals by the insurer providing the annuity insurance.
The Regulations Governing the Checking and Issuing of Regular Retirement Benefit Payments to Teachers and Other Staff of Public Educational institutions apply to verification of the eligibility of recipients of the retirement and benefit payments, the operational procedures for issuing payments, and other related matters referred to in in this Act.

The retirement and benefit payments that staff members receive pursuant to this Act are paid in accordance with the following provisions:
1. Unless other provisions of this Act apply, staff member retirement, bereavement compensation, separation pay, and severance pay payments shall be made out of the cumulative total amount in their individual account.
2. For the single supplemental retirement and compensation funds contributions made by an employing educational institution in accordance with the provisions of Article 31, Paragraph 2, the employing educational institution shall make such payments through a budget allocation.
3. For additional retirement payments made in accordance with the provisions of Article 31, Paragraph 3 and Paragraph 7 and retirement payments directly made by the competent authority, the competent authority shall make the payments through a budget allocation.
4. For additional lump-sum salary-and-allowance relief payments paid in accordance with the provisions of Article 32, the employing educational institution shall make the payments through a budget allocation.
5. For retirement and compensation funds contributions by an employing educational institution in one lump-sum in accordance with the provisions of Article 42, Paragraph 2, the employing school shall make the payments through a budget allocation.
6. For bereavement compensation directly paid by the competent authority in accordance with the provisions of Article 41, Paragraph 1, additional lump-sum bereavement compensation paid in accordance with the provisions of Article 42, Paragraph 3, additional bereavement compensation in accordance with Article 43 for the number of minor children among the survivors, and funeral and burial subsidies and meritorious service bereavement compensation in accordance with the provisions of Article 44, the competent authority shall make the payments through a budget allocation.

The right of a staff member or their survivors to claim retirement and benefit payments is not permitted to be assigned, offset, attached, or provided as security. However, this restriction does not apply to the distribution of a share of a staff member's retirement money in accordance with the provisions of Article 59.
A recipient of retirement or benefit payments may open a personal account at a financial institution to be used exclusively for the deposit of retirement or benefit payments.
The funds deposited in the personal account referred to in the preceding paragraph are not permitted to be offset, attached, provided as security, or be an object of mandatory enforcement action.
If there are circumstances of a recipient of retirement or benefit payments having received any payment as the result of making a false claim or having received any overpayment, the management authority, paying agency, or disbursing agency shall recover any amount it has verified as having been falsely claimed or received as an overpayment, without being subject to the restrictions referred to in Paragraph 1 or the preceding paragraph.

If the right of a staff member or any of their survivors to claim retirement or benefit payments is subject to mandatory extinguishment on statutory grounds because of the occurrence of some incident or it has been revoked or annulled as the result of an administrative direction, or if an excess or erroneous retirement or benefit payment amount is received because of an erroneous payment made by an agency or institution, the management authority, paying agency, or disbursing agency shall issue a written administrative ruling ordering the party to return the amount received in excess or erroneously since the date that the right of claim was lost, within a prescribed period. If the party does not return the amount within the prescribed period, the matter shall be subject to mandatory enforcement action in accordance with the applicable provisions of the Administrative Execution Act
If the amount referred to in the preceding paragraph received in excess or erroneously by a person is a regular payment, the management authority, paying agency, or disbursing agency may notify the party that the facts will be verified and the amount then recovered from the next and subsequent regular retirement or benefit payments. If the party objects and has not yet returned the amount by some other means, the payment or disbursing agency shall handle the matter in accordance with the provisions of the preceding paragraph.
If any person referred to in the preceding two paragraphs fails to pay back the money within the prescribed period and responsibility for the failure to do so is attributable to that party, the management authority, paying agency, or disbursing agency shall charge interest at an annual rate of two percent and take recovery measures in accordance with the provisions of Paragraph 1
If any party referred to in the preceding three paragraphs fails to repay any retirement or benefit overpayments or payments made erroneously within the prescribed period, or fails to return the full amount of any retirement or benefit overpayments or payments made erroneously, if, before the management authority, paying agency, or disbursing agency has taken mandatory enforcement action in accordance with the provisions of the Administrative Execution Act and recovered the excess or erroneously paid amount, the party once again retires or is dismissed with severance pay, the management authority may verify the facts and then offset or recover that excess or erroneous amount from the cumulative total amount in the individual account.

The rights of a staff member or their survivors to claim retirement and benefit payments, apart from the retirement and compensation funds that were deposited by the staff member, shall be exercised within the period for rights of claim in accordance with public law set out in the Administrative Procedure Act.

If any of the following circumstances apply to a staff member or any of their survivors, that person’s right to claim retirement and benefit payments shall be extinguished:
1. The person has been deprived of their civil rights for life.
2. The person has been found guilty of a criminal offense against the internal or external security of the State, after the end of the Period of National Mobilization for Suppression of the Communist Rebellion, and convicted with no further right of appeal.
3. The staff member renounces, or does not have, ROC citizenship.
4. The staff member is dismissed, discharged, removed from employment, or denied renewal of employment, in accordance with the law.
5. A survivor of the staff member who is a bereavement compensation recipient has been convicted of a crime and sentenced with no further right of appeal for having intentionally caused the death of a currently employed staff member or another survivor entitled to receive such a benefit, for the purpose of receiving bereavement compensation
6. When governed by special provisions of other legislation.
Under any of the following circumstances, a person receiving a monthly or partial monthly pension, or a survivor receiving monthly bereavement compensation, the person shall lose the right to continue to receive that monthly pension or monthly bereavement compensation:
1. The person dies.
2. The person has been deprived of their civil rights for life.
3. The person has been found guilty of a criminal offense against the internal or external security of the State, after the end of the Period of National Mobilization for Suppression of the Communist Rebellion, and convicted with no further right of appeal.
If a staff member or their survivor（s）loses the right to receive retirement or benefit payments in accordance with either of the two preceding paragraphs, except in the circumstances referred to in Paragraph 2, Subparagraph 5, an application may still be made for return of the retirement and compensation funds that were contributed by the staff member. However, for a person referred to in the preceding paragraph, the amount that may be returned is limited to the difference between the amount of the retirement and compensation money that was contributed by the staff member who retired or who died while they were still employed, and the amount that has already been received as monthly pension or monthly bereavement compensation payments. If there is no such difference, no amount will be returned.

If a currently employed staff member commits an offense in breach of the provisions of the Anti-Corruption Act or of the Offenses of Malfeasance in Office chapter of the Criminal Code, or takes advantage of the authority, or an opportunity, or means afforded by their position to commit some other offense, and is subsequently convicted and sentenced, after the person retires, is dismissed with severance pay, or resigns, they shall be deprived of, or have reduced, the retirement and compensation payments contributed by the government in accordance with the provisions of Article 79, Paragraph 1 and Paragraph 2 of the Retirement, Severance, and Bereavement Compensation Act. If such a payment has already been made, written instructions shall be given for the administrative action to be taken to recover the full or partial amount that is subject to deprivation or reduction.
If another law imposes a more severe deprivation or reduction on the person referred to in the preceding paragraph regarding the same case, the more severe penalty shall be imposed.
If a staff member who retired or was dismissed with severance pay in accordance with the provisions of this Act is subsequently once again employed somewhere as a staff member, when the person subsequently once again retires, is dismissed with severance pay, leaves employment, or dies during their period of subsequent employment, no further retirement or benefit payments shall be approved and paid for any past years of service during which they have previously been subject to deprivation or reduction of their retirement and compensation funds contributed by the government in accordance with the provisions of Paragraph 1.

If a currently employed staff member who was involved in a case of sexual assault on campus, initially retired, was dismissed with severance pay, or resigned and the person was subsequently convicted and given a custodial or more severe sentence, the person shall be deprived ab initio of any retirement and compensation funds in their individual account that were contributed by the government If such a payment has already been made, written instructions shall be given for the administrative action to be taken for its recovery.

If a person who applies for retirement or severance or a survivor who claims a bereavement payment pursuant to this Act is dissatisfied with the outcome of the competent authority's review of their application or claim, the staff member or survivor may, in accordance with their status, seek remedy in accordance with the provisions of the Teachers’ Act, the Administrative Appeal Act, or, mutatis mutandis, of the Civil Service Protection Act respectively. If there is any obvious error, or if any new fact emerges, or new evidence is discovered, thereby constituting grounds for reopening the administrative procedure, the matter may be handled in accordance with the applicable provisions of the Administrative Procedure Act.

If the duration of the marriage relationship between a divorced spouse of a staff member and the staff member was at least two full years, and the statutory property regime or joint property regime relationship is extinguished because of the divorce, the divorced spouse may claim an allocation of a share of the retirement payment received by that staff member in accordance with the provisions of this Act, in accordance with the following provisions
1. The share of the retirement payment which the divorced spouse may claim is calculated as one-half of the proportion of the period of the staff member's approved years of service at retirement during which the statutory property regime or joint property regime existed between the divorced spouse and that staff member
2. The standard retirement payment amount of which the divorced spouse may claim the share referred to in the preceding subparagraph is the cumulative total amount in the individual account at the time of extinguishment of the statutory property regime or community property regime between the divorced spouse and that staff member as a result of their divorce.
3. The period during which the statutory property regime or community property regime existed is calculated by counting the actual number of days.
4. If the one-half share ratio stipulated in Subparagraph 1 is obviously unfair, either party may request a court to make an adjustment to the amount allocated, or to give an exemption from allocating that amount.
If the divorced spouse referred to in the preceding paragraph may enjoy an entitlement to a retirement payment from during the period of the marriage relationship in accordance with another law, the divorced spouse's exercising their right to lodge a claim for an allocation is limited to the extent that the staff member has an equal right to lodge a claim for an allocation from the retirement payment of the divorced spouse in accordance with the provisions of that other law
It is not permitted to assign or inherit the right to claim referred to in Paragraph 1.
The right of a divorced spouse of a staff member to lodge a claim referred to in Paragraph 1 is extinguished if not exercised within 2 years from the time that the divorced spouse is informed that they have that right. It is also extinguished if not exercised within five years from the time that the statutory property regime or joint property regime relationship is extinguished
If a staff member takes compulsory retirement, the provisions of this article do not apply to the retirement funds they receive pursuant to this Act

When a divorced spouse of a staff member claims a share of the staff member's pension in accordance with the provisions of the preceding article, the ratio, amount, and payment method of the associated share of the retirement and compensation funds the best arrangement is for the two parties to agree on the share ratio referred to in in the preceding article, and for the two parties to handle the payment matters in accordance with their agreement. If the parties are unable unwilling to reach agreement, or if the share ratio is obviously unfair, either party may request a court to issue a ruling setting the share ratio or to giving an exemption from any share being allocated.
If the parties are unable or unwilling to reach an agreement referred to in the preceding paragraph, either party may inform in writing the agency responsible for reviewing and approving retirement payments and request that when it reviews and determines that staff member's retirement payments, it will also review and determine the total amount of the share of pension to be distributed in accordance with the preceding article and notify the management authority to deduct that amount from the individual account in one lump sum.
If a retired staff member divorces while they are receiving a monthly or partial monthly pension, when a share of their pension is distributed in accordance with the provisions of the preceding article, the matter shall be handled in accordance with the provisions of the preceding two paragraphs.
Documents related to the share ratio, amount, payment method, and related matters referred to in Paragraph 1 shall be notarized.

If any of the circumstances referred to in Article 55, Paragraph 1 applies to the divorced spouse of a staff member, the divorced spouse shall lose the right to be be allocated a share of that staff member's retirement payment in accordance with Article 59.