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

Print Time:2024/04/19 11:34
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Chapter Law Content

Chapter 3: Dispensation of the Consolation Payment
Article 16
After the examination of the lump sum consolation payment and the first year annual consolation payment, the payment shall be dispensed in accordance with the applied salary level. If the salary is adjusted later, the consolation payment of the adjusted year shall be made a balance the following year.
Article 17
If there is more than one receiver in the same priority level among the surviving dependents mentioned in Paragraph 2 of Article 9 of the Statute, the receivers may elect one representative to receive the consolation payment after the consensus.
The consensus mentioned in the preceding paragraph shall be made with letters of consent; in addition, the consenters may apply for the alteration.
Article 18
After the surviving dependents’ application for the consolation payment is ratified, the ratification authorities shall complete the certificates of consolation payment and send them along with the originally sent certificates to the original schools where the teachers and school staff served. The schools shall transmit the certificates to the receivers and send another copies to the government agencies in charge of audit, disbursement and the Fund Management Agencies.
Article 19
If teachers and school staff have been employed before and after the enforcement of the amended Statute, the seniority shall be counted together. However, the maximum seniority before the enforcement of the amended Statute shall be 30 years in accordance with the original Statute. The seniority after the enforcement of the amended Statute may be accumulated with the previous one and the maximum seniority shall be 35 years.
Article 20
The consolation payment of the period when teachers and school staff have been employed before the enforcement of the amended Statute shall be disbursed from the budget of each level of government; the consolation payment shall be dispensed in accordance with the stipulated standards of the amended Statute.
The consolation payment of the period when teachers and school staff have been employed after the enforcement of the amended Statute, if being counted in accordance with Article 3, shall be disbursed from the Pension Fund; the consolation payment shall be dispensed in accordance with the stipulated standards of the amended Statute.
The consolation payment mentioned in the preceding two paragraphs shall be calculated in the proportion of the seniority before and after the amendment of the Statute and be disbursed respectively from the budget of each level of government and Pension Fund. The seniority which is over 35 years shall have the priority to be calculated in the way stipulated in the amended Statute.
If the surviving dependents of teachers and school staff apply for the consolation payment in accordance with Paragraph 3 of Article 5 of the Statute, the lump sum consolation payment and annual consolation payment shall be disbursed both from the Pension Fund and the budget of each level of government in the proportion of the paid pension fee out of the ratified consolation payment.
Article 21
The disbursement of both the consolation payment calculated from the seniority before the enforcement of the amended Statute and the additional consolation payment due to the death when performing duties shall depend on the last schools the teachers and school staff served. If the schools are national or provincial ones, the state treasury shall be responsible for the disbursement, but the Ministry of Education shall handle the disbursement; if the schools are municipal ones, the municipal treasury shall be responsible for the disbursement, but the Bureau of Finance of the municipal government shall handle the disbursement; if the schools are county or city ones, the county or city treasury shall be responsible for the disbursement, but the county or city government shall handle the disbursement.
Article 22
The surviving dependents shall make a discrete decision whether to choose to receive the lump sum consolation payment in accordance with Article 6 of the Statute. Once the consolation payment is received after the ratification of the government agencies in charge of education administration, no excuses may be made to request any alteration.
Article 23
After the consolation cases are examined, the government agencies in charge of disbursement shall be notified at once so as to dispense the checks of the lump sum consolation payment and the first year annual consolation payment. Along with the checks shall the calculation sheet and the receipt of the payment be sent to the original schools to transmit the payment. The receipts shall be sent immediately back to the government agencies which disbursed the consolation payment after the receivers of the consolation payment have signed the receipt of the payment to prove their receipt of the check.
Article 24
The surviving dependents of teachers and school staff, when applying to receive the annual consolation payment, shall prepare the following materials to the government agencies in charge of disbursement before each May: certificates of the annual consolation payment, the information about the census register, the name of the representative surviving dependent, and the information about the savings accounts of the designated post offices or banks.The government agencies in charge of disbursement shall deposit the annual consolation payment to the savings accounts of the post offices or banks the surviving dependents designate.
The annual consolation payment shall be dispensed all at once on July 16th every year.
The dispensation procedures of the annual consolation payment mentioned in the preceding paragraph shall be prescribed by each government agency in charge of disbursement.
Article 25
The procedures to write off the consolation payment for teachers and school staff are as follows:
1. Disbursed by the state treasury: Ministry of Education, after dispensing the consolation payment, shall prepare the receipt to the Ministry of Audit to write off after verification.
2. Disbursed by the municipal treasury: The Bureau of Finance of the municipal government, after dispensing the consolation payment, shall prepare the receipt to the Division of Audit to write off after verification.
3. Disbursed by the county or city treasury: The county or city government, after dispensing the consolation payment, shall prepare the receipt to the Division or Office of Audit to write off after verification.
4. Disbursed by the fund management government agency: The fund management agency, after dispensing the consolation payment, shall prepare the receipt to the Ministry of Audit to write off after verification.
Article 26
When the surviving dependents that lose or be suspended the rights to receive the consolation payment, they shall be on the initiative to notify the original schools they serve; the schools shall report to the government agencies in charge of education administration and disbursement to terminate or suspend the disbursement of the consolation payment. If any continuance of receiving the consolation payment occurs, the government agencies in charge of disbursement shall pursue the payment back; besides, the cases shall be sent to the judicial agencies for further investigation.
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