Chapter V Severance and Resignation
If any of the circumstances listed below pertain to a staff member, and that person does not meet the criteria for retirement, the private school may give the staff member a severance payment in accordance with the provisions of applicable ordinances and procedures. However, a severance payment made to a principal (president) shall be paid by the school foundation; when necessary, the competent authority for the school may order it to make payment.
1.Because of adjustments to departments, graduate institutes, subjects, divisions, or curricula, or the school reducing the number of courses, or ceasing operations, or dissolution of the school, work is no longer available for the staff member in his or her current position, and no other appropriate work is available.
2.The staff member is unable to competently perform his or her work because of physical or mental disability, and a certificate verifying this has been issued by a hospital that meets or exceeds the hospital assessment standards set by the central competent heath authority.
3.The quality of the staff member’s work in his or her current position, consistently fails to meet teaching standards, and this has been reviewed and verified by the school’s teaching staff evaluation committee.
4.The staff member has been made subject to a guardianship order (or made subject to an interdiction order before November 22, 2009) or an assistance order, which has not yet been revoked.
Staff severance payments shall be calculated using the standards for lump-sum payments.
A staff member who resigns without meeting the requirements to receive any retirement or severance pay may collect the principal and interest in his or her individual Retirement and Compensation Fund account in a lump sum. However, a staff member who exploited an opportunity offered by his or her position to commit a crime for which he or she was convicted and sentenced may only recoup the principal and interest from his or her own contributions to the Fund.
If during his or her period of employment, as referred to in the proviso in the preceding paragraph a staff member exploits an opportunity offered by his or her position to commit a crime, and if the person is convicted and sentenced only after a resignation payment or severance pay has already been paid to the staff member in accordance with the provisions of this Act, the staff member shall pay back the principal paid to him or her from the contributions of the private school and the competent authority for the school and the interest it earned.
With the exception of any person who has exploited an opportunity offered by his or her position to commit a crime for which he or she has been convicted and sentenced, as referred to in the preceding article, a staff member who meets the criteria for resignation payment or severance pay is entitled to refrain from collecting his or her resignation payment or severance pay which was duly approved in accordance with provisions, in which event, from the date the person reaches the age of 60, the Fund Management Committee will pay the person the principal and interest of any resignation or severance pay that he or she has not yet collected, may enroll the person in annuity insurance by the application, mutatis mutandis, of the provisions of Article 20, Paragraph 3.
If a person in the circumstances referred to in the preceding paragraph dies before reaching the age of 60, the principal and interest of any resignation payment or severance pay that he or she has not collected shall be paid by the Fund Management Committee to the person’s survivors in a lump sum. The handling of the scope of entitlement, order, and proportional entitlements of the survivors referred to in Paragraph 1 shall be governed by the provisions of the Civil Code.
The handling of the scope of entitlement, order, and proportional entitlements of survivors of a person who was enrolled in the annuity insurance referred to in Paragraph 1 shall be in accordance with the stipulations of the annuity insurance contract; if the contract does not contain any such stipulations, the handling of such matters shall be governed by the provisions of the Civil Code.