Print Time:2020/08/13 15:11
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Chapter Law Content

Title: Private School Law CH
Category: Ministry of Education(教育部)
Chapter 6: Retirement, Compensation and Severance of Teachers and Staff Members
Article 63
Qualifications private schools’ presidents and teachers should possess and their age limits are the same as those of public schools.
The time presidents and teachers certified by and registered with the school authority spend working in private schools shall be taken into account in deciding their seniority and pay when they transfer to public schools. The lengths of time presidents and teachers spend working in schools shall be combined to decide their seniority and compensation, after deducting those they spend working in private schools if they have retired or been dismissed from one, when they retire or are dismissed from a public school, or die or are incapacitated while working at a public school. The same applies to those who have transferred from a public school to a private one.
Article 64
Matters relating to retirement, compensation, resignation and severance of employees of school legal persons and teachers and staff members of their schools shall be handled by regulations separately drawn up.
Before the regulations are formulated, school legal persons shall draw up rules governing retirement, compensation, and severance of teachers and staff members. The rules shall be submitted to the school authority, which shall inspect and relay them to the legal person authority for approval.
After the rules are approved, each semester senior high schools and above shall contribute 3% of the tuition and primary and junior high schools 7% of the fees they have collected to the National Private School Faculty and Staff Retirement and Compensation Fund (the Fund). Money contributed to The Fund shall be deposited in designated bank accounts and used only to pay for retirement, compensation, and severance of private schools’ teachers and staff members. The legal person authority or school authority shall immediately demand repayment if the Fund’s money is not spent in accordance with rules, with related persons held liable.
If private school teachers’ retirement, compensation and severance payments are made via postal savings in accordance with the Teachers Act, one-third of the above-said money shall be contributed to the schools’ retirement and compensation funds each semester. The shortfall shall be made up by the school authority. The remaining two-thirds shall be contributed to the schools’ retirement compensation funds each month in accordance with the Teachers Act. The shortfall shall be financed by the schools.
The portions of retirement, compensation, resignation and severance payments in excess of those of public schools shall be borne by the school legal persons and their schools.
Article 65
The Ministry and related ministries shall jointly help set up a supervisory committee for the Fund. The committee shall be made up of school legal persons, private school teachers and staff members, and representatives from educational groups. It shall register with the court as a juridical person, in charge of setting up the Fund, collecting contributions made to the Fund, and appropriating, managing, and using the money in the Fund. The committee shall be placed under the Ministry’s supervision.
The Ministry and related organizations may jointly form an oversight commission for the Fund to oversee operation of the above juridical person.
Rules governing establishment, management and use of the Fund shall be drawn up by the Ministry.
Article 66
Combining of lengths of time spent working in different schools as stated in the paragraph 2 of Article 63 shall be conducted in accordance with the Teachers Act. Persons having worked as private school presidents and teachers shall receive retirement, death, incapacitation or severance pay from the Fund for the length of time they worked before the postal savings system the Teachers Act stipulates was introduced. Persons having worked as public school presidents and teachers shall receive retirement, death, incapacitation or severance pay from the school authority for the length of time they worked before the new retirement and compensation system was introduced on January 31, 1996, and from the Public Servants Retirement and Compensation Fund Supervisory Committee for the length of time they worked after the new system was introduced.
The above retirement, death, incapacitation and severance pay shall be computed one the basis of the one-time payment before introduction of the postal savings system. Only persons meeting the requirements for public school presidents and teachers collecting monthly retirement pay are permitted to collect monthly retirement pay.
When persons having retired from one school and become another public or private school’s president or teacher retire, die or are incapacitated, the length of time they had worked before their first retirement shall be taken into account when computing their seniority, without exceeding the maximum established before the postal savings system was introduced.
The funds needed for the retirement, death, incapacitation and severance pay incurred as a result of allowing persons aged over 65 to work as presidents and teachers as stated in Article 57 shall be financed by the school legal persons and their schools. This rule does not apply to university presidents aged 70 and younger, and fulltime teachers of junior colleges not having exceeded their maximum working age.
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