Chapter I General Principles
This statute has been formulated to protect the retirement, bereavement compensation, resignation, and severance pay rights and interests of the staff of school foundations (which are referred to as “school legal persons” in the title of this Act) and their private schools, and to promote the sound development of private schools (including post-secondary level colleges and universities).
In this Act the term “competent authority” refers to: the Ministry of Education at the central government level; the municipal government at the special municipality level; and the county government or county-level city government at the county or county-level city respectively.
In this Act the term “staff” refers to the paid, full-time, currently employed principal (president), teachers, and other staff employed within the establishment staffing of a registered private school, and staff of school foundations.
The “staff of school foundations” referred to in the preceding paragraph is restricted to those staff members employed within the establishment staffing number of a private school established by a school foundation.
Retirement, bereavement compensation, resignation, and severance payments for the staff of school foundations and their private schools shall be made through a fund. The staff, private schools, and each competent authority for schools shall jointly contribute an amount of money on a monthly basis to establish a retirement, bereavement compensation, resignation, and severance fund (hereunder referred to as “the Retirement and Compensation Fund”), from which such payments shall be made.
In conjunction with relevant agencies, the central competent authority shall assist private schools, school foundations, and staff representatives to form the ROC Private School Staff Retirement and Bereavement Compensation Fund Management Committee (hereunder referred to as “the Fund Management Committee”) and commission it to handle the Retirement and Compensation Fund revenue and expenditure, management, utilization, and deliberations and to review and make final decisions regarding retirement, bereavement compensation, resignation, and severance matters.
The number of members of the Fund Management Committee who are staff representatives and experts recommended by staff is not permitted to comprise less than two thirds of the full committee. The central competent authority shall also act in conjunction with relevant agencies to form the Private School Retirement and Bereavement Compensation Fund Supervisory Committee, to be responsible for the supervision of the Fund, and its review and assessment.
When the Fund Management Committee has been established, the management committee of the former ROC Private School Teacher and Staff Retirement and Compensation Fund that was established in accordance with the provisions of the Private School Act (hereunder referred to as “the former private school retirement fund”) before this Act took effect shall be integrated into the Fund Management Committee, after which all the rights and obligations of the management committee of the former private school retirement fund shall be assumed by the Fund Management Committee.
The Fund Management Committee shall set up a school fund reserve account for each private school and set up individual Retirement and Compensation Fund accounts for each of their staff members.
A school foundation and its private school(s) are not permitted to formulate its own provisions governing retirement, bereavement compensation, resignation, and severance and use its own such provisions instead of the retirement, bereavement compensation, resignation, and severance system set out in the provisions of this Act.
Regulations governing the organization, meetings, and administration of the Fund Management Committee and of the Supervisory Committee referred to in Paragraph 2, and other related matters, shall be prescribed by the central competent authority.
When a staff member applies for retirement, bereavement compensation, resignation, or severance payments, that staff member or his or her survivors shall complete an application form and attach appropriate documentary evidence and receipts, and submit these to the employing school. The school shall compile the application documents and forward them to the Fund Management Committee which shall review and decide whether to give approval within two months from the day following its receipt. If necessary, the time limit may be extended and the applicant will be notified about this. Only one extension may be granted, and the extension is not permitted to exceed one month.
The right of a staff member or his or her survivors to lodge a claim for any payment in accordance with the provisions of this Act is not permitted to be attached, assigned, or provided as security.
The right to lodge a claim for payment of retirement money, bereavement compensation, or a severance payment for years of service before this Act took effect is extinguished ipso facto if not exercised within five years from the date that such a claim becomes exercisable.