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Chapter 3 Remittance of Pension
Article 31
Retired personnel or family of the deceased personnel shall exercise prudence upon choosing specific types of payment of pension, consolation, and compensation, which shall not be altered for whatsoever reasons once approved by the governing educational agency and remittance made.
Article 32
For retired personnel whose pension has been reviewed and approved, the governing educational agency shall prepare certificate of pension and deliver it in official notification to the school of services for said retired personnel, with duplicate copies of said notification sent to the auditing agency, the paying agency and the pension management agency.
Article 33
For faculty with pension and consolation fund accruing on their seniority period prior to the amendment and enactment of the Statute as well as any additional receivable pension by laws under the pre-allocated budget of governments of all levels and compensation stipulated in Paragraph 5 of Article 21-1 of the Statute, the paying agency shall be the Ministry of Education, with payment made out of the national treasury, when their final school of services is a National (Provincial) institution; Department of Finance of a Special Municipality under the Executive Yuan, with payment made out of that Municipal treasury, when said school is a Special Municipal institution; and a county (county-level municipal) government, with payment made out of that county (county-level municipal) treasury when said school is a county (county-level municipal) institution.Pension and consolation fund, severance fee and refund upon dismissal over seniority period after the amendment and enactment of the Statute and compensations stipulated in Subparagraph 6, Paragraph 1, Article 21 of the Statute shall be paid out of the pension and consolation fund, with the pension management agency as the paying agency. For faculty who are retired on official reasons in accordance with Article 7 of the Statute, their lump sum or monthly installment pension payment shall be made out of the pension and consolation fund according to the ratio of their seniority period of pension contributions to their overall approved seniority upon retirement, and the remaining payment shall be made out of the pre-allocated budget of governments of all levels.
Article 34
After a retirement application has been approved, the payment authority shall be promptly notified to verify the details and issue a check for a lump sum retirement payment or the first monthly retirement pension payment and then mail the check, along with the retirement payment calculation sheet and a receipt, to the educational institution where the person was formerly employed to forward these to the retired staff member. When the person signs to verify their receipt of the check, the educational institution shall at the same time complete the procedure of signing and stamping the retirement payment receipt and then immediately return these to the payment authority.
If a retiree receives a monthly retirement pension (solely or as well as a lump sum retirement payment), apart from their first monthly pension payment, their monthly retirement pension payment shall be issued regularly on the first day of each month. However, the set payment dates in place for monthly retirement pensions before the amendment to this article takes effect shall continue to be dealt with in accordance with the original provisions.
The operation procedure for releasing the monthly retirement pension payments referred to in the preceding paragraph shall be prescribed by each payment authority.
If an adjustment to the salaries of teaching and other staff occurs after the monthly retirement pension payments have been issued, any resultant difference shall be made up for retroactively when the next monthly retirement pension payments are issued.
Article 35
Personnel applying for, due for, or required for retirement shall have the date of approval by the governing educational agency as the effective date of their retirement, which may not be retroactive. In the case of any prepaid salary for the period after their pension payments take effect, the school of services shall check for and retract the exact amount out of the lump sum payment or first monthly installment as notified by the paying agency
Article 36
Personnel who are retired before the enactment of the Statute shall claim their annual pension payment by submitting their certificate of pension to the paying agency by May of each year, and shall receive their annual pension in lump sum payment as of July 1 of the year. Application shall be governed by stipulations for claiming monthly installment pension in Article 34 of the Statute.
Article 37
The reimbursement of pension fund, consolation fund, compensation, severance fee, and refund upon dismissal for faculty shall be processed as follows:1. Those paid out of national treasury: the Ministry of Education shall make the payment and submit receipt to the Ministry of Audit for expense justification.2. Those paid out of the treasury of a Special Municipality under the Executive Yuan: the Department of Finance of that Special Municipality shall make the payment and submit receipt to the Ministry of Audit for expense justification.3. Those paid out of the treasury of a county (county-level municipal) government: the county (county-level municipal) government shall make the payment and submit receipt to the Ministry of Audit for expense justification.
Article 38
For seniority period prior to the amendment and enactment of the Statute, for which lump sum pension payment has been lawfully approved, any voluntary deposit of such pension may be processed by a government-owned financial institute at a preferred saving rate, and the governing measures shall be established by the Ministry of Education through consultation with the Ministry of Finance.