CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the stabilization of economic life and promotion of welfare of the teachers and staff of private schools and their bereaved families by establishing a suitable benefit system for the retirement or decease of the said teachers and staff, and for their on-duty illnesses, injuries or disabilities. <Amended by Act No. 15554, Apr. 17, 2018>
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| (1) | The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 14153, May 29, 2016; Act No. 15522, Mar. 20, 2018; Act No. 15523, Mar. 20, 2018; Act No. 15554; Apr. 17, 2018> |
| 1. | The term "teachers and staff" means the teachers whose appointment is reported to the competent agency under Article 54 of the Private School Act and the staff appointed under Article 70-2 of the Private School Act: Provided, That those who are employed temporarily, those who are employed under a certain condition, and those who do not receive any wage shall be excluded; |
| 2. | The term "bereaved family" means any of the following persons who were supported by the current or former teachers and staff at the time of their deaths: |
| (a) | Spouse (limited to any person who has a marital relationship with the teacher or a staff member at the time he/she is employed, and including any person who is in a de facto marital relationship); |
| (b) | Child (excluding any child who is born or adopted after the date of their retirement, but a fetus at the time of the retirement shall be deemed a child born while they are employed; hereinafter the same shall apply); |
| (c) | Parents (excluding the parents who adopt them after the date of their retirement); |
| (d) | Grandchild (excluding any grandchild born or adopted after the date of their retirement, but a fetus at the time of the retirement shall be deemed a grandchild born while they are employed; hereinafter the same shall apply); and |
| (e) | Grandparents (excluding the grandparents who adopt them after the date of their retirement); |
| 3. | The term "retirement" means any dismissal or resignation, or all other discharges due to any reason other than a death: Provided, That retirement of teachers and staff who are reappointed on the date their status is terminated or on the following day and who do not receive retirement benefits and retirement allowances under this Act shall be excepted; |
| 4. | The term "basic monthly income" means, as a basis for the calculation of contributions and benefits, the average amount subtracted the non-taxable income from the income received during employment for a specific period and divided by 12 months. In such cases, matters relating to the scope of income and non-taxable income, method of deciding basic monthly income, applicable period, etc. shall be prescribed by Presidential Decree; |
| 5. | The term "average basic monthly income" means the amount computed by converting the basic monthly income for each year of service (where there is a period not included in the period of service under Article 31 (3) and (4), the relevant period shall be included in the period of service; hereafter the same shall apply in this Article) to a current value as of the day a ground for payment of benefits arises (referring to the date immediately preceding the date of retirement, where a ground for payment of benefits arises either due to the retirement or after the retirement; hereinafter the same shall apply) as prescribed by Presidential Decree in view of the hike rate of public officials' remunerations, etc., and adding up all of such current values, and then by dividing the total amount by the period of service: Provided, That the average basic monthly income which forms the basis for computing the retirement pension or the early retirement pension under Article 43 (1) and (2) of the Public Officials Pension Act applied mutatis mutandis by Article 42 (1), and the survivors’ pension under Article 54 (1) 1 of the same Act (excluding where a person who was a teacher or staff member dies while receiving the retirement pension or the early retirement pension and his/her bereaved family is to receive a survivors’ pension), means the amount computed by converting the average basic monthly income as of the time a ground for payment of benefits arises to the current value at the time the pension payment commences, as prescribed by Presidential Decree, in view of the hike rate of public officials' remunerations, etc.; |
| 6. | The term "school operations institution" means an incorporated educational institution which establishes and operates a private school as referred to in Article 3, or a person who operates a private school; |
| 7. | The term "contributions" means the aggregate amount of State, individual, corporate and disaster compensation contributions; |
| 8. | The term "individual contributions" means the costs required for benefits and borne by the teachers and staff; |
| 9. | The term "State contributions" means the costs required for benefits and borne by the State; |
| 10. | The term "corporation contributions" means the costs required for benefits and borne by educational institutions; and |
| (2) | Children defined in paragraph (1) 2 (b) shall be limited to those who are under 19 years of age and those who are at least 19 years of age and have a disability (as defined in Article 3 (1) 7 of the Public Officials' Accident Compensation Act, which is applicable mutatis mutandis pursuant to Article 42 (1); hereinafter the same applies) of such degree as is prescribed by Presidential Decree. <Amended by Act No. 11721, Apr. 5, 2013; Act No. 15554, Apr, 17, 2018> |
| (3) | Grandchildren defined in paragraph (1) 2 (d) shall be limited to the following persons who have no father or whose father has a disability of such degree as is prescribed by Presidential Decree: <Amended by Act No. 11721, Apr. 5, 2013; Act No. 15554, Apr, 17, 2018> |
| 1. | Those who are under 19 years of age; and |
| 2. | Those who are at least 19 years of age and have a disability of such degree as is prescribed by Presidential Decree. |
| (4) | The fetus of persons who are or were the teachers and staff at the time of their death shall be deemed to have been already born at the time of payment of benefits under this Act. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 3 (Scope of Application) |
| (1) | This Act shall apply to the teachers and staff who are employed at any of the following school institutions: |
| 3. | Private schools specially designated by the Minister of Education, and school operations institutions which establish and operate such schools, among private schools and school operations institutions which do not fall under subparagraphs 1 and 2. |
| (2) | Notwithstanding paragraph (1), this Act shall not apply to persons falling under any of the following: |
| 3. | Teachers and staff newly employed after January 1, 2017 (excluding the cases falling under the proviso to Article 2 (1) 3), who are older than the retirement age according to the following classification at the time of employment: |
[This Article Wholly Amended by Act No. 14153, May 29, 2016]
CHAPTER II KOREA TEACHERS PENSION
| Article 4 (Establishment) |
The Korea Teachers Pension (hereinafter referred to as "KTP") shall be established to administer the following affairs:
| 1. | Collection of contributions; |
| 2. | Determination and payment of various benefits; |
| 4. | Execution of the welfare project for the teachers and staff; |
| 5. | Other affairs concerning pensions. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 5 (Juristic Personality) |
| (1) | The KTP shall be a juristic person. |
| (2) | The KTP shall be established by making an incorporation registration in the area where its principal office is located. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
The KTP may establish its main office and its branch offices where they are needed, pursuant to its articles of incorporation.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 7 (Articles of Incorporation) |
| (1) | The articles of incorporation of the KTP shall include the following matters: |
| 3. | Locations of its offices; |
| 4. | Matters concerning its organization; |
| 5. | Matters concerning its assets and accounts; |
| 6. | Matters concerning its executive officers and staff; |
| 7. | Matters concerning the board of directors; |
| 8. | Matters concerning its business; |
| 9. | Matters concerning amendment to the articles of incorporation; |
| 10. | Matters concerning the means of public notification. |
| (2) | Where the KTP intends to amend the articles of incorporation, it shall obtain approval from the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| (1) | The matters concerning the registration of the KTP shall be prescribed by Presidential Decree. |
| (2) | With respect to matters to be registered, the KTP may not oppose against the third person without making registration thereof. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
Matters concerning the dissolution of the KTP shall be separately prescribed by an Act.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 10 (Executive Officers) |
| (1) | The KTP shall, as its executive officers, have one chair of the board of directors, up to two standing directors, up to six non-standing directors, and one auditor. In such cases, a public official in general service belonging to the Senior Civil Service of the Ministry of Education or a supervisory official shall be the ex officio non-standing director among the non-standing directors, and the non-standing directors, other than the ex officio non-standing director, shall include a person who represents teachers and staff and a person who represents heads of school operations institutions. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 11 (Term of Service of Officers) |
| (1) | The term of service shall be three years for the chair of the board of directors and two years for standing directors, non-standing directors, and the auditor, and the term of service for ex officio non-standing director shall be the period during which he/she holds his/her official position. |
| (2) | Officers may serve consecutive terms of one year each. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 12 (Duties of Officers) |
| (1) | The chair of the board of directors shall represent the KTP and exercise the overall control of its affairs. |
| (2) | The standing directors shall take partial charge of the business of the KTP pursuant to the articles of incorporation; and they shall act on behalf of the chair of the board of directors in accordance with the priority order as prescribed by the articles of incorporation, when the chair of the board of directors is unable to discharge his/her duties due to some unavoidable circumstance. |
| (3) | The directors shall attend the meetings of the board of directors, deliberate upon matters on the agenda, and participate in adopting resolutions. |
| (4) | The auditor shall inspect affairs of the KTP and its accounts. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 12-2 (Appointment of Agents) |
The chair of the board of directors may, pursuant to the articles of incorporation, appoint an agent, from among the staff, who is authorized to perform judicial or extra-judicial acts relating to the business of the KTP.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 13 (Grounds for Disqualification) |
| (2) | If an officer falls under or is found to fall under paragraph (1) at the time of appointment, such officer shall resign. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 14 (Board of Directors) |
| (1) | The board of directors shall be established in the KTP in order to deliberate upon the important matters of the KTP. |
| (2) | The board of director shall consist of the chair of the board of directors, standing directors, and non-standing directors. |
| (3) | A meeting of the board of directors shall be convened when demanded by the chair of the board or by one-third of the incumbent directors, and the chair of the board shall preside over the meeting. |
| (4) | The board of director shall start the deliberation with the attendance of a majority and make decisions with the concurring votes of a majority of the members present. |
| (5) | The auditor may attend the board of directors and make a statement. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 15 (Legal Fiction as Public Official in Application of Provisions) |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 16 (Restriction on Holding Concurrent Positions by Officers and Staff) |
| (1) | The officers (excluding non-standing directors; hereinafter the same shall apply in this Article) and the staff of the KTP shall not engage in the profit-making business in addition to their duties. |
| (2) | The chair of the board of directors, standing directors, and the auditor may not concurrently have other jobs without a permission of an appointing authority under Article 26 of the Act on the Management of Public Institutions (hereinafter referred to as the "appointing authority"), and the staff may not concurrently have other jobs without a permission of the chair of the board of directors. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 17 (Restriction on Remuneration) |
The non-standing directors shall not be paid any remuneration, but may be compensated for actual expenses.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 18 (Appointment and Dismissal of Staff) |
The staff of the KTP shall be appointed and dismissed by the chair of the board of directors.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 19 (Authorities, etc. of KTP) |
| (1) | Where deemed necessary for providing appropriateness benefits under this Act, the KTP may demand any person who is concerned in payment of benefits to do any of the following activities or order its staff to inspect books, documents and other articles: |
| 1. | Submitting a report relating to benefits; |
| 2. | Presenting books, documents, or other articles; |
| 3. | Appearing at a specific place, and stating opinion or making an explanation. |
| (2) | The staff of the KTP who conducts an inspection under paragraph (1) shall produce a certificate indicating his/her authority to the relevant persons. |
| (3) | Where any person entitled to various benefits under this Act or any medical institution fails to comply with the demand or inspection under paragraph (1) without just grounds, the payment of the benefits for the person entitled to the benefits or the medical institution may be suspended until he/she/it complies with it. |
| (4) | The KTP may request the relevant agencies or organizations to provide the relevant materials to ascertain the following. In such cases, the agencies and organizations in receipt of a request to provide data shall comply therewith, except in extenuating circumstances: <Amended by Act No. 11767, May 22, 2013; Act No. 12844, Nov. 19, 2015; Act No. 13572, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017; Act No. 15554, Apr, 17, 2018; Act No. 15714, Aug. 14, 2018> |
| 1. | The place of domicile, family relations, etc. of a recipient of pensions: To the head of a Si/Gun/Gu, certified copy or abstract of resident registration card, and family relation certificate; |
| 2. | The taxable income of a teacher, staff member, or recipient of pensions: To the Commissioner of the National Tax Service, materials on earned income and business income; |
| 3. | The monthly income amount of a teacher, staff member, or recipient of pensions: To the President of the National Health Insurance Service, materials on monthly amount of remuneration; |
| 4. | The illness, injury or disability related to the performance of official duties of a teacher or staff member: To the President of the National Health Insurance Service, materials on medical care benefits from the national health insurance; |
| 4-2. | Examinations as to pay a medical care benefit, disability benefit or accident survivors’ benefit to a current or former teacher or staff: Materials on medical treatment to the relevant medical institution; |
| 5. | The death of a recipient of pensions: To the President of the National Health Insurance Service, materials on the results of medical check-ups; |
| 6. | The place of domicile of a current or former teacher or staff member, the death, cancellation of resident registration, emigration to overseas, etc. of a recipient of pensions: To the Minister of the Interior and Safety, computerized data on the matters related to the resident registration; |
| 7. | The remarriage or termination of relationship by blood of a recipient of pensions: To the chief of the office of court administration, computerized data on the matters related to the registration of family relations; |
| 8. | To ascertain whether a current or former teacher or staff member is sentenced to imprisonment without labor or heavier punishment, or is undergoing an investigation or criminal trial due to an offense which will be subjected to imprisonment without labor or heavier punishment, for a reason that occurred during his/her incumbency: To the Commissioner General of the National Police Agency, criminal history record and investigation record; and to the chief prosecutor of the competent prosecutors' office or the chief of its branch office, a copy of written judgment; and |
| 9. | Materials prescribed by Presidential Decree, which are similar to those prescribed in subparagraphs 1 through 8 among the materials, the fact relations of which need to be ascertained for the calculation and payment of the benefits under this Act. |
| (5) | The KTP shall protect the materials provided under paragraph (4), as prescribed in the Personal Information Protection Act. <Newly Inserted by Act No. 11767, May 22, 2013> |
| (6) | Fees and charges shall be exempted for the materials provided to the KTP under paragraph (4). <Amended by Act No. 11767, May 22, 2013> |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 20 (Entrustment of Affairs) |
| (1) | The KTP may, if deemed necessary, entrust the postal service offices, local governments, financial institutions, or public corporations under Article 5 of the Act on the Management of Public Institutions, or others with the affairs concerning the receipt of the individual contributions, corporation contributions, disaster compensation contributions and other revenues, and the payment of benefits and other disbursements, or projects for the welfare of the teachers and staff. |
| (2) | Matters necessary for the entrustment of the affairs under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 21 Deleted. <by Act No. 6124, Jan. 12, 2000> |
The fiscal year of the KTP shall be the same with that of the Government.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 23 (Revenues and Expenditures of KTP) |
| (1) | The revenues and expenditures of the KTP shall be the amounts under each item as classified by each of the following subparagraphs: |
| (b) | Transferred-in money and transferred-in reserves from the pension fund for private school teachers and staff; |
| (a) | Benefits paid, accumulations, and refunds under this Act; |
| (b) | Other expenses required for the operation of the KTP. |
| (2) | The transferred-in money from the pension fund for private school teachers and staff under paragraph (1) shall be determined by the chair of the board of directors of the KTP within the limit of the amount equivalent to the profits accruing from the operation of the fund in the preceding year. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| (1) | The chair of the board of directors shall establish a budget for each fiscal year and shall submit it to the Minister of Education and obtain approval from the Minister no later than the commencement of the fiscal year. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The budget submitted under paragraph (1) shall include the general regulations for the budget, estimated balance sheet, estimated earnings statement, and financial plan, and the accessory documents necessary for the clarification of its contents shall be attached to the budget. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 25 (Settlement of Accounts) |
The chair of the board of directors shall prepare a report of the settlement of accounts for the pertinent year (referring to the balance sheet, earnings statement, and surplus disposal statement) and its accessory details within two months after the termination of each fiscal year and shall submit them to the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 26 Deleted. <by Act No. 6124, Jan. 12, 2000> |
| Article 27 (Disposal of Surplus) |
The KTP shall, where there accrues any surplus in settlement of accounts of every fiscal year, use such surplus to offset any loss and include the remainder, if any, in a revenue of the pension fund for private school teachers and staff.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
The Minister of Education shall supervise the general affairs of the KTP and may take measures necessary for supervision. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 29 (Dismissal of Officers) |
The Minister of Education, Science and Technology may dismiss any officer falling under any of the following subparagraphs:
| 1. | When an officer violates this Act, an order under this Act, or the articles of incorporation; |
| 2. | When it became difficult for an officer to perform duties due to his/her physical or mental disabilities. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 30 (Reporting and Inspections) |
Where deemed necessary, the Minister of Education may require the KTP to submit a report, or may require any subordinate public official to inspect the status of its general affairs or its books, documents, and other necessary articles. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 30-2 (Application Mutatis Mutandis of the Civil Act) |
Except as otherwise provided by this Act, the provisions concerning incorporated foundations as referred to in the Civil Act shall apply mutatis mutandis to the KTP. [This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
CHAPTER III PERIOD OF SERVICE
| Article 31 (Calculation of Period of Service) |
| (1) | In the calculation of the wages under this Act, the period of service for a teacher or staff member shall be the number of years and months, from the month in which the day of appointment as a teacher or staff member falls to the month in which the day immediately preceding his/her retirement or the date of his/her death falls. In such cases, when a month is converted to a year, each month shall be deemed one-twelfth of a year. |
| (2) | A person's period of military service under any of the following before he/she was employed as a teacher or staff may be included in the period of service under paragraph (1) as desired by the person: <Amended by Act No. 14394, Dec. 20, 2016> |
| 1. | The period of military service on active duty under the Military Service Act or as a deputy officer who is appointed without volunteering (including the service period, as prescribed by Presidential Decree, among the service period of those who were on duty by the defense call-up, full-time reserve call-up, or reservist call-up); |
| 2. | The period of military service on duty of public health doctors under the following Acts, from January 1, 1979 to May 31, 1992: |
| (a) | Previous Act on the Special Measures for National Public Health and Medical Services (referring to the Act before the abolishment by Act No. 3335 on December 31, 1980); |
| (b) | Previous Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, Etc. (referring to the Act before the whole amendment by Act No. 4430 on December 14, 1991); |
| (c) | Previous Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages (referring to the Act before the partial amendment by Act No. 4685 on December 31, 1993). |
| (3) | Notwithstanding paragraph (1), no period according to the following classification shall be included in the period of service under paragraph (1): <Newly Inserted by Act No. 14153, May 29, 2016> |
| 1. | Teachers: the period employed after the retirement age under Article 3 (2) 3 (a); |
| 2. | Staff: the period employed after the retirement age under Article 3 (2) 3 (b). |
| (5) | None of the following periods shall be included in or added to the period of service as referred to in paragraph (1), in the payment of the retirement allowances (hereinafter referred to as "retirement allowances") as referred to in subparagraph 4 of Article 28 of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42: <Amended by Act No. 15523, Mar. 20, 2018> |
| 1. | The period of military service under paragraph (2); |
| 2. | The period of service added under Article 32 (1); |
| (6) | In the calculation of the period of service for the payment of retirement allowances, the period of leave of absence, the period of dismissal from position, the period of suspension, and the period of demotion shall, except for the period of leave of absence due to any of the following causes, be reduced by half: <Amended by Act No. 11767, May 22, 2013> |
| 1. | Leave of absence due to on-duty illness or injury; |
| 3. | Leave of absence due to temporary employment by international organizations, foreign agencies, educational institutions for Koreans residing in a foreign country, domestic or foreign colleges or research institutes; |
| 6. | Leave of absence to perform duties under Acts. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
[This paragraph was amended by Act No. 14394 following the decision of unconstitutionality made by the Constitutional Court on February 25, 2016]
| Article 31-2 (Means of Inclusion of Service Period before Appointment) |
A person who intends to obtain the inclusion of military service period under Article 31 (2) shall submit an application for inclusion of service period to the KTP. <Amended by Act No. 11767, May 22, 2013> [This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 32 (Adding up Periods of Service) |
| (1) | Where retired teachers and staff, public officials or soldiers (excluding any person who is not subject to the application of this Act, the Public Officials Pension Act, or the Veterans' Pension Act) are appointed as teachers or staff and make a request to add up the periods of service, the period of service or of military service under the previous relevant pension Acts may be added to the period of service referred to in Article 31, as prescribed by Presidential Decree. |
| (2) | Where those who intend to add up the periods of service under paragraph (1) are granted an approval for adding up from the KTP, they shall return to the KTP the retirement benefits which they received at the time of their retirement or the military retirement benefits (where the amount of benefits is reduced under Article 65 of the Public Officials Pension Act (including cases where it is applied mutatis mutandis under Article 42) or under Article 33 of the Military Pension Act, referring to the benefits which they would have received if there had been no such reduction) along with the interest prescribed by Presidential Decree: Provided, That where the teachers and staff who have been allowed to add up the periods of service are entitled to receive retirement pension, early retirement pension, or veterans' pension, the benefits paid as pension shall not be returned. <Amended by Act No. 15523, Mar. 20, 2018> |
| (3) | The KTP may allow payment in installments of the benefits and interests to be returned pursuant to paragraph (2) (hereinafter referred to as "money to be returned"), as prescribed by Presidential Decree. In such cases, the interest prescribed by Presidential Decree shall be added. |
| (4) | Where those who are allowed to add up the periods of service make application for the exclusion of the whole or part from the period of service approved for adding up, or fail to pay the money to be returned for at least six months, the period for which application for exclusion is made, or the period of service approved for adding up less the period equivalent to an already paid amount of money to be returned, may be excluded. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
[This Article Wholly Amended by Act No. 15523, Mar. 20, 2018]
| Article 33-2 (Payment of Nursing Benefits) |
| (1) | When a person who has been receiving benefits under Article 33 permanently or occasionally needs nursing care due to medical causes even after the fixed medical treatment period under Article 22 (2) of the Public Officials’ Accident Compensation Act, the nursing benefits shall be paid, and, when any person needs prosthetic apparatus due to physical impediments, the prosthetic apparatus or the allowance for prosthetic apparatus shall be paid. <Amended by Act No. 11767, May 22, 2013; Act No. 15522, Mar. 20, 2018; Act No. 15554, Apr. 17, 2018> |
| (2) | Matters necessary for the criteria for payment, procedures and methods of nursing benefits, etc. under paragraph (1) and other matters shall be prescribed by Presidential Decree. <Amended by Act No. 15522, Mar. 20, 2018; Act No. 15554, Apr. 17, 2018> |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 33-3 (Medical Re-Treatment) |
| (1) | Where there exist medical opinions that a proactive medical treatment is needed for treating a person who has been receiving benefits under Article 33, whose on-duty injury or illness which was the subject of medical care relapses after recovery or becomes worse after recovery, the medical care under Article 33 of this Act and Article 22 (1) of the Public Officials’ Accident Compensation Act (hereafter in this Article, referred to as "re-treatment") may be provided. <Amended by Act No. 11767, May 22, 2013; Act No. 15522, Mar. 20, 2018; Act No. 15554, Apr. 17, 2018> |
| (2) | Where a person entitled to receive a disability pension under Article 28 of the Public Officials’ Accident Compensation Act is allowed to receive re-treatment, the payment of disability pension shall be suspended from the month following the month in which the date of decision of re-treatment falls to the month in which the expiring date of re-treatment falls. <Amended by Act No. 15554, Apr. 17, 2018> |
| (3) | Matters necessary for the requisites for re-treatment and procedures and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 34 (Determination of Benefits) |
| (1) | The KTP shall determine the amount of every kind of benefit upon request of those who are to have the relevant rights: Provided, That the determination of the kinds of benefits prescribed by Presidential Decree shall require prior deliberation of the Pension Benefit Examination Committee for Private School Teachers and Staff (hereinafter referred to as the "Benefit Examination Committee"). |
| (2) | Where those who are to have the right to receive benefits apply for payment of benefits as referred to in paragraph (1), the relevant teachers and staff shall receive a confirmation from the head of the school operations institution to which they have belonged (in cases of teachers and staff serving at a school, the head of the school). |
| (3) | Matters concerning the organization and management of the Benefit Examination Committee as referred to in the proviso to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 35 (Basis for Computation of Amount of Benefits) |
| (1) | The following benefits shall be computed based upon the basic monthly income for the month during which a ground for payment of benefits arises. In such cases, no basic monthly income shall exceed the amount prescribed by Presidential Decree among the amounts of basic monthly incomes of public officials under Article 30 (1) of the Public Officials Pension Act and Article 10 (1) of the Public Officials’ Accident Compensation Act: <Amended by Act No. 10636, May 19, 2011; Act No. 15522, Mar. 20, 2018; Act No. 15554, Apr. 17, 2018> |
| 1. | Death condolence money payable under Article 43 (2) of the Public Officials’ Accident Compensation Act, which is applicable mutatis mutandis pursuant to Article 42 (1); |
| 3. | Disability benefits payable under Article 28 of the Public Officials’ Accident Compensation Act, a disability survivors’ pension and survivors' pension for a public official who died in the line of duty, payable under Articles 35 and 36 of the same Act, which is applicable mutatis mutandis pursuant to Article 42 (1). |
| (2) | Notwithstanding paragraph (1), for the purpose of calculating a survivors’ pension provided in Article 36 of the Public Officials’ Accident Compensation Act, which is applicable mutatis mutandis under Article 42 (1), and death condolence money provided in Article 43 (2) of the same Act, the amount provided in Article 10 (2) of the same Act shall be construed as the basic monthly income of the relevant teacher or staff. <Newly Inserted by Act No. 15554, Apr. 17, 2018> |
| 1. | The amount computed by dividing an aggregate of the following amounts by 3 and then converting it to a current value as of the time the payment of benefits begins, as prescribed by Presidential Decree, in view of the hike rate of public officials' remunerations, etc.: |
| (a) | The converted amount of the average basic monthly incomes of all public officials three years before retirement, according to the national consumer price fluctuation rate of the previous year of retirement compared to that of three years before retirement; |
| (b) | The converted amount of the average basic monthly incomes of all public officials two years before retirement, according to the national consumer price fluctuation rate of the previous year of retirement compared to that of two years before retirement; |
| (c) | The average amounts of basic monthly incomes of all public officials of the year preceding the retirement; |
| 2. | Average basic monthly income. |
| (4) | The following benefits shall be computed based upon the average amount of basic monthly income of all public officials computed under Article 30 (3) of the Public Officials Pension Act and Article 10 (3) of the Public Officials’ Accident Compensation Act: <Newly Inserted by Act No. 10636, May 19, 2011; Act No. 15522, Mar. 20, 2018; Act No. 15554, Apr. 17, 2018> |
| 1. | Compensation for the survivor of a public official who died in the line of duty payable under Article 37 of the Public Officials’ Accident Compensation Act, which is applicable mutatis mutandis pursuant to Article 42 (1); |
| 2. | Accident relief money payable under Article 42 of the Public Officials’ Accident Compensation Act, which is applicable mutatis mutandis pursuant to Article 42 (1); and |
| 3. | Death condolence money payable under Article 43 (1) of the Public Officials’ Accident Compensation Act, which is applicable mutatis mutandis pursuant to Article 42 (1). |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 36 (Priority Order of Bereaved Families) |
The priority in receiving benefits among the bereaved family members shall be the same as the priority of inheritance.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 37 (Competition among Persons with Same Priority) |
When there are at least two persons with the same priority from among the bereaved family members, the relevant benefits shall be equally divided among them, and the means of payment shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 38 (Special Cases concerning Payment of Benefits where No Bereaved Families Exist) |
| (1) | When a current or former teacher and staff member dies without any bereaved family to whom benefits shall be paid, the amount of money within the limit prescribed by Presidential Decree shall be paid to his/her lineal ascendants and descendants. In such cases, if no lineal ascendant or descendant exists, the KTP may use the money for the deceased, upon hearing an opinion of the head of the institution operating the relevant school. <Amended by Act No. 11767, May 22, 2013> |
| (2) | Articles 36 and 37 shall apply mutatis mutandis to the payment of benefits to the lineal ascendants and descendants under paragraph (1). <Amended by Act No. 11767, May 22, 2013> |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 39 (Recovery of Benefits) |
Where benefits falling under any of the following subparagraphs are paid to recipients (including heirs), the KTP shall recover the relevant amount of benefits. In such cases, for subparagraph 1 or 2 the collection shall be made by adding an interest and expenses for recovery, prescribed by Presidential Decree, to the amount of benefits, and for subparagraph 3 or 4 the collection shall be made by adding an interest prescribed by Presidential Decree where a person liable to pay the money to be returned fails to do so within the prescribed period:
| 1. | Where a person receives the benefits by fraud or other illegal means; |
| 2. | Where the benefits are paid erroneously because a person who is entitled to various benefits under this Act, in applying for the benefits under Article 34 (1), falsely informs (including cases of failure to report) the KTP as to the grounds that restrict benefits or falsely informs (including cases of failure to report and delayed reporting) the KTP as to the grounds that occur after the payment of benefits and restrict benefits or the grounds to lose the rights to the benefits; |
| 3. | Where the ground for payment of benefits is retroactively extinguished after a person receives the benefits; |
| 4. | Other cases where the benefits are paid erroneously. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 39-2 (Payment after Deduction of Unpaid Amounts) |
| (1) | When a person who is or was a teacher or staff member fails to pay any of the following unpaid amounts or other money owed to the KTP by retirement or death, a survivors’ benefit, accident survivors’ benefit, or the retirement allowances shall be paid after deducting any relevant amount: Provided, That this shall not apply where the failure to pay was due to any cause attributable to the head of a school institution: <Amended by Act No. 11767, May 22, 2013; Act No. 15522, Mar. 20, 2018> |
| 1. | Principal and interest on the money to be returned under Article 32 (3); |
| 2. | Principal and interest on the amount recovered under Article 39; |
| 4. | Individual contributions and arrears; |
| 5. | Principal and interest on a loan made under Article 53-3 (2) 3 and principal and interest on projects entrusted by the State to the KTP under Article 60-3; |
| 6. | Other money owed to the KTP. |
| (2) | When a person intends to receive pension benefits and such person has failed to pay money owed under paragraph (1) (excluding subparagraph 1), deductions shall be first made from a retirement benefit, survivors’ benefit, accident survivors’ benefit other than the pension benefits, or the retirement allowances, and, when there still remains any money owed, a deduction from the amount of monthly pension for a relevant month shall not exceed 1/2 of such amount. <Amended by Act No. 15522, Mar. 20, 2018> |
| (3) | Where any unpaid amount or any money owed under paragraph (1) remains at the time a person who is or was a teacher or staff member applies for payment of benefits, he/she shall obtain confirmation from the head of the school operations institution (referring to the head of a school where he/she is a teacher or staff member employed at a school) under Article 34 (2). |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 40 (Protection of Rights) |
| (1) | No entitlement to benefits shall be transferred, seized or offered as security, except in the following circumstances: <Amended by Act No. 12124, Dec. 30, 2013> |
| 1. | Where the entitlement to benefits, being the pension, is offered as a security to any financial institution prescribed by Presidential Decree and where such entitlement is subject to dispositions on default under the National Tax Collection Act; |
| 2. | Where the entitlement to benefits is offered as security for money owed to the KTP. |
| (2) | No benefits paid to a person entitled to receive benefits, the amount of which does not exceed that prescribed pursuant to subparagraph 3 of Article 195 of the Civil Execution Act, shall be seized. <Newly Inserted by Act No. 12124, Dec. 30, 2013> |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 41 (Adjustment to Benefits under Other Statutes) |
| (1) | For persons who receive the same kind of benefits as those under this Act, at the expense of a school operations institution under other statutes, the amount equivalent to the relevant benefits shall be deducted from the benefits under this Act before payment. In such cases, the KTP shall pay the deducted amount to the school operations institution. |
| (2) | Where a ground for payment of benefits under this Act arises due to an act of a third party, the KTP shall acquire a right to claim compensation for loss, which a person entitled to receive benefits has against the third party, within the limit of the amount of benefits already paid for the relevant ground for payment of benefits (or a lump sum payment for disability and an amount equivalent to a disability pension for reasons other than official duties, payable for five years in cases of a disability pension and disability pension for reasons other than official duties): Provided, That the KTP may, following deliberation of the Benefit Examination Committee, not exercise the whole or part of the right to claim compensation for loss, when a third party falls under any of the following subparagraphs: <Amended by Act No. 15523, Mar. 20, 2018> |
| 1. | Spouse of a person who is or was the relevant teacher or staff member; |
| 2. | Lineal ascendant or descendant of a person who is or was the relevant teacher or staff member; |
| 3. | Teacher or staff on duty. |
| (3) | In cases of paragraph (2), when a person entitled to receive benefits already received the compensation for loss from a third party for the same reason, the benefits shall not be paid within the limit of the amount of relevant compensation for loss. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 42 (Application Mutatis Mutandis of the Public Officials Pension Act and the Public Officials’ Accident Compensation Act) |
| (1) | The corresponding provisions of Articles 28, 34 through 36, 40, 41, 43 through 52 and 54 through 65 of the Public Officials Pension Act and Articles 8, 13 through 15, 19, 20, 22, 24 through 33, 35 through 37, and 40 through 45 of the Public Officials' Accident Compensation Act (excluding provisions relating to a survivors’ pension for a public official who died in the line of dangerous duty and compensation for a survivor of a public official who died in the line of dangerous duty) shall apply mutatis mutandis, respectively, to the kinds of, the grounds for payment of, the amount of, and the restriction on benefits provided in Article 33 of this Act. In such cases, "public officials" shall be construed as "teachers and staff (excluding computation of the accident relief money under Article 42 (1) of the Public Officials' Accident Compensation Act and the death condolence money following the death of the spouse, a parent, a parent of the spouse, or a child of a public official under Article 43 (3) of the same Act and subject of the suspension of payment of pension under Article 50 (1) 2 of the Public Officials Pension Act)", "official duties" as "duties"; “reasons other than official duties” as “reasons other than duties”; “public officials who died in the line of duty” as “teachers or staff who died while performing official duties”; “died in the line of duty” as “while performing official duties”; "Corporation" and "Minister of Personnel Management" as "KTP"; "Pension for Private School Teachers and Staff Act" as "Public Officials Pension Act"; "teachers and staff of private schools" as "public officials"; “Article 25” referred to in the proviso to Article 34 (1) of the Public Officials Pension Act as “Article 31” of this Act; “Article 26” referred to in Article 40 (2) and (3) of the Public Officials Pension Act and Article 43 (3) of the same Act as “Article 32” of this Act; “Articles 32 and 33” referred to in Article 52 (5) of the Public Officials Pension Act as “Articles 36 and 37” of this Act; and "contribution" as "individual contributions," respectively. <Amended by Act No. 15554, Apr. 17, 2018> |
| (2) | Where the ground for payment of benefits, period of service, years of service, and deducted years of service under the relevant provisions of Articles 43, 51, 54, 55, 58, and 62 of the Public Officials Pension Act applicable mutatis mutandis under paragraph (1) are calculated, no service period after the retirement age according to the classification of each subparagraph of Article 31 (3) shall be included thereto. <Newly Inserted by Act No. 14153, May 29, 2016; Act No. 15523, Mar. 20, 2018> |
| (3) | Article 31 (4) shall apply to the method of calculating the retirement age under paragraph (2). <Newly Inserted by Act No. 14153, May 29, 2016> |
| (5) | Notwithstanding paragraph (1), Article 65 (1) 1 of the Public Officials Pension Act shall apply mutatis mutandis only where a private school staff member is sentenced to imprisonment without labor or heavier punishment for a cause arising during the period of service (excluding negligence unrelated to duties and negligence occurring in the course of following a reasonable order of a superior while on duty) and forced to resign obligatorily pursuant to the articles of incorporation, employment regulations, etc. of the school institution. <Amended by Act No. 15523, Mar. 20, 2018> |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
CHAPTER V BURDEN OF EXPENSES
| Article 43 (Principle in Payment of Costs) |
With respect to the costs required for the benefits or other costs for the execution of this Act, the estimated amount of relevant costs shall maintain a balance in the future with the aggregate of the individual contributions, the State contributions, the corporation contributions, the disaster compensation contributions, and the estimated profits derived from those operations. In such cases, the costs required for benefits shall be calculated at least every five years.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 44 (Individual Contributions) |
| (1) | Teachers and staff shall pay the individual contributions from the month in which the date of appointment falls, to the month in which the date immediately preceding the date of retirement, or the date of death falls. |
| (2) | Where teachers and staff are re-appointed as teachers and staff during the month of retirement, they shall pay the individual contributions for that month after the re-appointment: Provided, That where they were granted to have the period of service added up under Article 32, they shall not pay the individual contributions for the month of their re-appointment (excluding the month, if they were re-appointed as of the first day of the month). |
| (3) | Notwithstanding paragraphs (1) and (2), teachers and staff who have paid the individual contributions for 36 or more years or who have worked for a period after the retirement age according to the classification of each item of Article 3 (2) 3 need not pay the individual contributions. In such cases, Article 31 (4) shall apply to the method of calculating the retirement age. <Amended by Act No. 13561, Dec. 15, 2015; Act No. 14153, May 29, 2016> |
| (4) | The amount of individual contributions referred to in paragraph (1) shall be equivalent to 900/10,000 of the basic monthly income. In such cases, no basic monthly income may exceed an amount computed under the latter part of Article 67 (2) of the Public Officials Pension Act. <Amended by Act No. 13561, Dec. 15, 2015; Act No. 15523, Mar. 20, 2018> |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 45 (Payment of Individual Contributions) |
| (1) | The head of a relevant school institution shall collect the individual contributions from each monthly remuneration and deliver them to the KTP within three days after the payment of remuneration. |
| (2) | Where a teacher or staff member fails to receive the remuneration for the relevant month due to a cause by which he/she cannot receive the whole remuneration, he/she shall pay the individual contribution to the head of the relevant school institution within two days after the payment of remuneration: Provided, That where a teacher or staff member takes leave of absence, he/she shall continue to pay it by any of the following methods at his/her own choice: <Amended by Act No. 11767, May 22, 2013> |
| 1. | Making payment of individual contributions for each relevant month continuously during the period of leave of absence; |
| 2. | Making payment of individual contributions additionally for the period of leave of absence, from the month following his/her reinstatement date. In such cases, the amount of individual contribution to be additionally paid each month shall be calculated based on the amount of individual contributions to be paid in the month the payment is due; |
| 3. | Making payment of unpaid individual contributions at a time after reinstatement. In such cases, the amount of individual contributions to be paid at a time shall be calculated based on the amount of individual contributions to be paid in the month the payment is due. |
| (3) | The head of the relevant school institution who receives the individual contributions under paragraph (2) shall, without delay, deliver them to the KTP. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 46 (State Contributions) |
| (1) | The State contributions shall be the total amount of the following amounts: <Amended by Act No. 11215, Jan. 26, 2012> |
| 1. | The amount prescribed by Presidential Decree among the total amount of individual contributions to be borne by the teachers under Article 44 (4); |
| 2. | The amount equal to the total amount of retroactive individual contributions to be paid by the school staff member under Article 48-3; |
| 3. | The amount to be borne under the proviso to Article 47 (3) among the costs required for the payment of retirement allowances. |
| (2) | The State shall pay the contributions under paragraph (1) to the KTP. |
| (3) | Where State contributions are over-paid or under-paid, the aforementioned amount shall be either added or reduced when State contributions are paid during the following period. |
| (4) | Where the over-paid or under-paid State contributions are not adjusted under paragraph (3) when State contributions are paid during the following period (including where the total amount is not paid to the KTP within the relevant fiscal year), an adjustment shall be made by making such amount the principal and by adding interest, as prescribed by Presidential Decree: Provided, That with respect to the State contributions required for the payment of retirement allowances, where the amount paid by the State through the end of relevant fiscal year is short of or in excess of the actual payment, an adjustment shall be made by not later than the end of January of the following fiscal year, as prescribed by Presidential Decree, and, if such adjustment is not made by the end of January of the following fiscal year, it shall be made in an amount including interest, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 47 (Corporation Contributions) |
| (1) | The corporation contributions shall be paid by a school operations institution, and, if the school operations institution is unable to pay all or part of the amount of the corporation contributions required for the relevant school, it may have the school pay the amount of deficiency. <Amended by Act No. 11215, Jan. 26, 2012> |
| (2) | Where the school operations institution of a school referred to in Article 4 (3) 1 of the Private School Act intends to require schools to pay the amount of deficiency of the corporation contributions pursuant to the proviso to paragraph (1), it shall obtain approval therefor from the Minister of Education. In such cases, the Minister of Education may approve it by setting the period, taking into account the financial standing of the school operations institution, after receiving the plan for improvement of its financial status. <Newly Inserted by Act No. 11215, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013> |
| (3) | The amount of the corporation contributions referred to in paragraph (1) shall be the sum of an amount equal to the portion prescribed by Presidential Decree of the aggregate of the contributions to be paid by teachers of the relevant school, an amount equal to the aggregate of the contributions to be paid by staff of the relevant school institution, and the costs required for payment of retirement allowances for the teachers and staff: Provided, That the KTP may bear some of the costs required for the payment of retirement allowances, and the State shall bear all or part of the costs, other than the costs to be borne by the KTP. <Amended by Act No. 11215, Jan. 26, 2012> |
| (4) | Matters necessary in relation to the scope of the contributions needed for the payment of retirement allowances under paragraph (3) shall be prescribed by Presidential Decree. <Amended by Act No. 11215, Jan. 26, 2012> |
| (5) | A school operations institution shall appropriate the corporation contributions referred to in paragraph (3) in the budget of the school institution each year. In such cases, the corporation contributions needed for the school shall be transferred from the business budget of the school operations institution to the budget of the school: Provided, That it shall not apply to the amount to be paid by the school under paragraph (1). <Amended by Act No. 11215, Jan. 26, 2012> |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 47-2 (Accumulation of Legal Liability Reserve) |
The State shall accumulate the legal liability reserve in the fund for the pension of teachers and staff of private schools within the limit of budgets to stabilize the finance of the fund for the pension of teachers and staff of private schools.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 48 (Payment of Corporation Contributions) |
The heads of school institutions shall pay every month the corporation contributions to the KTP along with the individual contributions.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 48-2 (Disaster Compensation Contributions) |
| (1) | The amount of disaster compensation contributions shall be prescribed by Presidential Decree within the range of 181/10,000 to 545/10,000 of the total amount of the individual contributions to be paid by the teachers and staff. In such cases, Articles 47 (1), (2) and (5) and 48 shall apply mutatis mutandis to the contributions and payment of contributions. <Amended by Act No. 11215, Jan. 26, 2012> |
| (2) | The KTP shall accumulate the disaster compensation contributions paid under paragraph (1) as reserves for payment of benefits for the compensation of disasters. |
| (3) | Benefits paid from the reserve for accident compensation benefits accumulated under paragraph (2) are medical care benefits, disability benefits, accident survivors’ benefits (excluding a survivors’ pension for a public official who died in the line of dangerous duty and compensation for a survivor of a public official who died in the line of dangerous duty), and relief benefits provided in Article 8 of the Public Officials' Accident Compensation Act, which is applicable mutatis mutandis under Article 42 (1). <Amended by Act No. 15522, Mar. 20, 2018> |
| (4) | Reserves for payment of compensation for disasters shall be accounted separately from other assets of the KTP, and necessary matters concerning the management and operation of the reserves shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 48-3 (Contributions during Service Period) |
Where service period is included in the period of service under Article 31 (2), a relevant teacher or staff member shall additionally pay to the KTP every month, for the relevant included period, retroactive individual contribution in an amount equal to the individual contribution for the relevant month, from the month following the month in which the day the KTP approves the inclusion falls. In such cases, if the relevant teacher and staff member is to pay the retroactive individual contributions by lump sum, he/she may pay the remaining retroactive individual contributions in a lump sum amount calculated based on the individual contribution for the month in which he/she intends to pay, and, if he/she retires or dies while paying the retroactive individual contributions, the remaining retroactive individual contributions shall be calculated on the basis of basic monthly income as of the day immediately preceding the date of retirement or as of the time of death, and it shall be deducted from the relevant retirement benefits, survivors’ benefit, accident survivors’ benefit, or retirement allowances for the bereaved family. <Amended by Act No. 14394, Dec. 20, 2016; Act No. 15523, Mar. 20, 2018> [This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 49 (Contributions at Transfer of Post) |
Where a teacher or staff member is transferred to another school institution which is subject to this Act, the individual contributions and the corporation contributions for the month in which the date of his transfer falls shall be paid by the head of the school institution where the teacher or staff member was employed prior to the transfer.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 50 (Settlement of Erroneously Paid Contributions) |
Where there exists an erroneous payment of the individual contributions or the corporation contributions, it shall be settled by adding or subtracting respectively when the next payment is made.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
Where the individual contributions, the corporation contributions, or the disaster compensation contributions are not paid by the fixed date, the KTP shall collect the late fees, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 52 (Compulsory Collection) |
| (1) | Where the contributions or the money to be returned under Article 39 is not paid, the KTP may urge the teachers and staff to pay by a fixed date. |
| (2) | When the KTP makes an urge for the payment under paragraph (1), it shall issue a demand note. |
| (3) | Where persons who have been urged to pay under paragraph (1) fail to pay the contributions or the money to be returned by the due date, the KTP may directly collect in the same manner as delinquent national taxes are collected, upon approval from the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where the KTP collects contributions or recovers benefits under paragraph (1), the KTP may, where there exist any of the following reasons, make a disposal of deficit: Provided, That in cases falling under subparagraphs 1 and 3, if it finds attachable property after a disposal of deficit, it shall without delay cancel such disposal and collect in the same manner as delinquent taxes are collected: |
| 1. | Where the disposition on default in concluded and the portion to be appropriated for the amount in arrears is short of the amount in arrears; |
| 2. | Where the extinctive prescription of relevant rights is completed; |
| 3. | Where it is deemed that there exists no possibility for collecting them, as prescribed by Presidential Decree. |
| (5) | The executive officers and employees of the KTP who collect arrears pursuant to paragraph (3) shall be deemed public officials. |
| (6) | When the KTP collects arrears under paragraph (3), the priority order of obligation settlement for the claims owned by the KTP shall be next to the national taxes. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 52-2 (Transfer of Pensions) |
| (1) | Where a person who receives the retirement pension, the military retirement pension or the early retirement pension under the Public Officials Pension Act or the Military Pension Act retires or dies after he/she is appointed as a teacher or staff member and is allowed to add up the periods of service under Article 32 (1), the Government Employees Pension Service or the Minister of National Defense shall transfer to the KTP the amount equivalent to the retirement pension, the military retirement pension, the early retirement pension or the survivors’ pension (including the amount receivable under Article 38, additional payments to survivors' pension, and the special additional money to bereaved family pension) which are payable to the relevant retiree or bereaved family (including the persons entitled to receive the benefits under Article 38) under the Public Officials Pension Act or the Military Pension Act. In such cases, the computing method, transfer period, etc. of the transferred amount shall be prescribed by Presidential Decree. <Amended by Act No. 11767, May 22, 2013; Act No. 15523, Mar. 20, 2018> |
| (2) | Where no benefit under this Act is paid in accordance with Article 41 (4) through (6) of the Public Officials Pension Act which is applicable mutatis mutandis under Article 42 (1), the unpaid amount shall be transferred to the finance for disaster compensation contributions of the relevant year. In such cases, if the bereaved family of a teacher or staff member who died in line of duties or died of occupational disease or injury during his/her incumbency is a recipient of the survivors’ pension under Article 54 (1) of the Public Officials Pension Act, the amount to be transferred shall be calculated deeming that the lump-sum survivors’ pension is received. <Newly Inserted by Act No. 11767, May 22, 2013; Act No. 15523, Mar. 20, 2018> |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 53 (Request for Examination) |
| (1) | Those who have any objections to the determination of benefits, collection of the individual contributions, or other dispositions or benefits under this Act may make a request for an examination to the Pension Benefit Review Committee for Private School Teachers and Staff (hereinafter referred to as the "Pension Benefit Review Committee") under Presidential Decree. |
| (2) | Any request for examination as referred to in paragraph (1) shall be made within 180 days from the date on which a disposition is taken or within 60 days from the date on which it is known: Provided, That where a person proves that he/she was unable to make a request for the examination within its deadline due to justifiable grounds, it shall not apply. |
| (3) | The Pension Benefit Review Committee referred to in paragraph (1) shall be established in the KTP, and its organization and operation and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
CHAPTER VI PENSION FUND FOR PRIVATE SCHOOL TEACHERS AND STAFF
| Article 53-2 (Establishment and Raising of Pension Fund for Private School Teachers and Staff) |
| (1) | The pension fund for private school teachers and staff (hereinafter referred to as the "Fund") shall be established as a liability reserve for paying benefits under this Act. |
| (2) | The Fund shall be raised out of accumulations appropriated in the budget of the KTP, surplus after the settlement of accounts, and earnings made from the operation of the Fund. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 53-3 (Management and Operation of Fund) |
| (1) | The Fund shall be managed and operated by the KTP. |
| (2) | The Fund shall be operated in any of the following manners: |
| 1. | Deposits in or trusts to any financial institution prescribed by Presidential Decree; |
| 2. | Purchase of securities prescribed by Presidential Decree; |
| 3. | Lending of funds to the teachers and staff and the recipients of pensions; |
| 4. | Acquisition and disposal of property for the multiplication of the Fund and the welfare of the teachers and staff; |
| 5. | Other business for the multiplication of the Fund or the promotion of welfare, as prescribed by Presidential Decree. |
| (3) | The KTP shall obtain any prior approval of important matters concerning the operation of the Fund from the Minister of Education, as prescribed by its articles of incorporation. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 53-4 (Pension Steering Committee for Private School Teachers and Staff) |
| (1) | There shall be established a Pension Steering Committee for Private School Teachers and Staff (hereinafter referred to as the "Pension Steering Committee") under the KTP to deliberate on the following matters concerning the Pension for Private School Teachers and Staff: |
| 1. | Matters on the system of the Pension for Private School Teachers and Staff; |
| 2. | Matters on the financial calculation of the Pension for Private School Teachers and Staff; |
| 3. | Matters on the operational plans for the Fund and its settlement of accounts; |
| 4. | Matters on the welfare projects for the teachers and staff of private schools by the Fund; |
| 5. | Other matters deemed necessary for the operation by the chair of the board of directors of the KTP. |
| (2) | The Pension Steering Committee shall consist of the members of at least 15 up to 20, including a chairperson. |
| (3) | The chairperson of the Pension Steering Committee shall be the chair of the board of directors of the KTP, and its members shall be appointed or commissioned by the Minister of Education from among the following persons: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Public officials belonging to the central administrative agencies relevant to the Fund; |
| 2. | Executive officers of the KTP relevant to the affairs of the Pension for Private School Teachers and Staff; |
| 3. | Teachers and staff of private schools who are recommended by the organizations of teachers and staff; |
| 4. | Founders and operators of private schools; |
| 5. | Recipients of the retirement pensions; |
| 7. | Persons having abundant knowledge and experiences in the Pension for Private School Teachers and Staff. |
| (4) | Matters necessary for the composition and operation of the Pension Steering Committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 53-5 (Borrowings from Fund and Appropriation for Transfer-In) |
| (1) | The KTP may, where its funds fall short of meeting financial demands as required for the payment of benefits every fiscal year, temporarily borrow from the Fund. |
| (2) | The temporary borrowings as referred to in paragraph (1) shall be refunded during the fiscal year concerned. |
| (3) | The KTP may, where the payments of benefits exceed revenues every fiscal year, appropriate such excesses by transferring-in from the Fund. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 53-6 (Principle of Accounting) |
The Fund shall be dealt with by the corporate accounting principles.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 53-7 (Support by State) |
The State may, where the Fund is unable to pay the benefits under this Act for any legal or institutional ground, provide the shortages thereof.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 54 (Period of Prescription) |
| (1) | The right to receive a medical care benefit, nursing benefit and relief benefit under this Act shall be extinguished by prescription if he/she does not exercise his/her right within three years after a ground for payment of benefits arises, and the right to receive a retirement benefit, survivors’ benefit, disability benefit for reasons other than official duties, retirement allowance, disability benefit and disaster survivors’ benefit shall be extinguished within five years. <Amended by Act No. 15523, Mar. 20, 2018> |
| (2) | Where the right to receive the long-term benefit is extinguished by prescription under paragraph (1), the right to collect the contributions shall also be extinguished. |
| (3) | The right to obtain the refund of erroneously paid contributions or to collect them and the right to recover benefits shall be extinguished by prescription, unless they are exercised within five years after the date when the relevant causes occur. |
| (4) | Notice of and urge on payment of contributions, other refunds, etc. under this Act, claims for payment of benefits, or claims for the refund of erroneously paid contributions shall be effective to interrupt extinctive prescription. |
| (5) | The extinctive prescription interrupted under paragraph (4) shall newly run from the due date of the payment fixed by the payment notice or reminder notice. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 55 (Period of Effectuation) |
In the calculation of the period to request and report, etc. the benefits or examination under this Act, where the documents are sent by mail, the number of days spent to deliver them shall not be included in the relevant period.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 56 (Rounding of Last Digit) |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 57 (Confirmation by Head of School Operations Institution) |
| (1) | The head of a school operations institution shall examine and confirm the matters concerning the occurrence of a ground for payment of benefits under this Act, the payment of the individual contributions, the career information required for the calculation of period of service, and other personal information of the current and former teachers and staff. |
| (2) | The head of a school operations institution may, if necessary for conducting the affairs of verification under paragraph (1), request the current and former teachers and staff and other persons concerned to submit data or to make a statement. |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 58 (Responsibility of Heads of School Institutions) |
The head of an educational institution shall, where he/she inflicts losses on the KTP by failing to collect the individual contributions while performing his/her duties, or by failing to pay the corporation contributions or the disaster compensation contributions, on purpose or by negligence, make the compensations for the relevant loss. The same shall be applicable to cases where he/she inflicts losses on the KTP by failing to make a report or notification as prescribed by this Act or by Presidential Decree, or by making a false report or notification on purpose or by negligence.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 59 (Special Cases concerning Wartime or Domestic Incidents) |
Where the costs required for benefits exceed, owing to a war or domestic incident, the individual contributions, State contributions, corporation contributions, disaster compensation contributions, and the earnings accrued from the operation of the relevant year, the KTP may temporarily postpone the payment of benefits with approval from the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 60 (National Subsidies) |
The State may pay the whole or part of the costs required for the operation of the KTP.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 60-2 (Business Cooperation by Competent Administration) |
Where the competent administrative agency as referred to in Article 4 of the Private School Act approves or cancels the establishment or abolition of a school, or where it approves or cancels the establishment or abolition of a school operations institution, it shall notify the KTP without delay. [This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 60-3 (Entrustment of National Projects) |
| (1) | The State may entrust the projects prescribed by Presidential Decree among the projects required for the promotion of welfare of the teachers and staff to the KTP, and have it manage the projects. |
| (2) | Expenses incurred in related to the projects entrusted under paragraph (1) shall be borne by the State. |
| (3) | The management methods for the projects entrusted under paragraph (1) shall be prescribed by Ordinance of the Ministry of Education following the consultation with the relevant agencies. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 60-4 (Special Cases concerning Scope of Application) |
| (1) | Notwithstanding Article 3, the faculty, research personnel, and teachers and staff (excluding public officials or military personnel subject to the Public Officials Pension Act or the Military Pension Act) of any research institution (hereafter referred to as "research institution") designated by the Minister of Education, which establishes and operates a high school or a school of lower level or a graduate school under the Acts, shall be subject to this Act. In such cases, the faculty, research personnel, and teachers and staff shall be deemed the teachers and staff under Article 2 (1) 1 (hereafter referred to as "teachers and staff" in this Article), and the research institution a school operations institution under Article 2 (1) 6 (hereafter referred to as "school operations institution" in this Article). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Notwithstanding Article 3, this Act shall apply to the teachers and staff of the school-type lifelong educational establishment under Article 31 of the Lifelong Education Act or distance college-type lifelong educational establishment under Article 33 of the same Act, designated by the Minister of Education. In such cases, the teachers and staff shall be deemed the teachers and staff and a person who establishes and operates the school-type lifelong educational facilities or a corporation which establishes the distance college-type lifelong educational facilities shall be deemed a school operations institution. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Notwithstanding Article 3, this Act shall apply to the staff of the KTP established under this Act. In such cases, the staff of the KTP shall be deemed the clerical staff under Article 2 (1) 1, and the KTP shall be deemed the school operations institution. <Amended by Act No. 11215, Jan. 26, 2012> |
| (4) | With regard to paragraphs (1) through (3), the following matters shall be prescribed by the Minister of Education: <Amended by Act No. 11215, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013> |
| 1. | Scope of the faculty, research personnel, and teachers and staff under paragraph (1); |
| 2. | Scope of the teachers and staff of the lifelong educational facilities under paragraph (2); |
| 3. | Scope of the staff of the KTP referred to in paragraph (3). |
| (5) | Notwithstanding Article 3, this Act shall apply to the teachers, staff and teaching assistants who are not subject to the Public Officials Pension Act among the teachers, staff and teaching assistants of a national university established as a national corporate university. In such cases, the teachers, staff and teaching assistants shall be deemed the teachers and staff under Article 2 (1) 1 and a national university established by the State as a national corporate university shall be deemed a school operation institution under Article 2 (1) 6. <Newly Inserted by Act No. 10413, Dec. 27, 2010> |
| (6) | Notwithstanding Article 3, this Act shall apply to the clinical faculty and staff (including the cases of those dispatched to and work in hospitals operating by being entrusted by the State or a local government) of the Seoul National University Hospital and the Seoul National University Dental Hospital established by the State as corporates. In such cases, the clinical faculty and staff shall be deemed teachers and staff defined in Article 2 (1) 1, and the Seoul National University Hospital and the Seoul National University Dental Hospital shall be deemed school operations institutions defined in subparagraph 6 of the same paragraph. <Newly Inserted by Act No. 13934, Jan. 28, 2016> |
| (7) | Notwithstanding Article 3, this Act shall apply to the clinical faculty and staff (including the cases of those dispatched to and work in hospitals operating by being entrusted by the State or a local government) of national university hospitals and national university dental hospitals established by the State as corporates. In such cases, the clinical faculty and staff shall be deemed teachers and staff defined in Article 2 (1) 1, and national university hospitals and national university dental hospitals shall be deemed school operations institutions defined in subparagraph 6 of the same paragraph. <Newly Inserted by Act No. 13934, Jan. 28, 2016> |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
| Article 61 Deleted. <by Act No. 6124, Jan. 12, 2000> |
CHAPTER VIII PENALTY PROVISIONS
| Article 62 (Administrative Fines) |
| (1) | An executive officer or staff member of the KTP who evades, obstructs, or refuses an inspection conducted under Article 30, or who files a false report, shall be punished by an administrative fine not exceeding one million won. |
| (2) | A person who fails to file a report, who files a false report, or who obstructs or evades an inspection, in violation of Article 19 (1), shall be punished by an administrative fine not exceeding three hundred thousand won. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1974.
Article 2 (Transitional Measures concerning Incumbent)
The faculty who are working on January 1, 1975 shall be considered to have been appointed in January 1, 1975 notwithstanding Article 31. Article 3 Deleted. <by Act No. 3206, Dec. 28, 1979>
Article 4 (Incorporator)
| (1) | The Minister of Education shall commission five incorporators to organize the KTP. |
| (2) | The incorporators shall prepare the articles of incorporation, and shall have them approved by the Minister of Education. |
| (3) | In case where the incorporators receive the approval of the articles of incorporation under the provisions of paragraph (2), they shall make organization registration without delay. |
| (4) | When the chief director of the KTP is appointed, the incorporators shall hand over the business to him without delay. |
| (5) | When the business is completely handed over under the provisions of paragraph (4), the appointment of the incorporators shall be considered to be cancelled. |
Article 5 (Special Cases in Term of Office of Auditor)
The term of office of an auditor who is first appointed after the enforcement of this Act shall be one year, notwithstanding the provisions of Article 11.
ADDENDUM <Act No. 2737, Dec. 26, 1974>
This Act shall enter into force on January 1, 1975.
ADDENDA <Act No. 2832, Dec. 31, 1975>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Bereaved Family to whom Occasion for Payment of Allowances Occurs) To the bereave family to whom the occasion for the payment of allowances occurs under the previous provisions at the time of the enforcement of this Act, the allowance for the bereaved family as referred to in the previous provisions shall be paid, notwithstanding the provisions of Article 2 (3) of this Act. |
ADDENDA <Act No. 2983, Dec. 31, 1976>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The term of office of the chief director, the managing director, and other directors at the time of the enforcement of this Act shall be the term of office under this Act, the term of office shall be reckoned from the date when he/she was appointed under the previous provisions. |
ADDENDA <Act No. 3058, Dec. 31, 1977>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1978. |
| (2) | (Transitional Measures concerning Clerical Staff) The clerical staff who are on duty on January 1, 1978 shall be deemed appointed as at the time this Act enters into force notwithstanding the provisions of Article 31. |
| (3) | and (4) Deleted. <by Act No. 3206, Dec. 28, 1979> |
ADDENDUM <Act No. 3115, Dec. 5, 1978>
This Act shall enter into force on January 1, 1980.
ADDENDA <Act No. 3206, Dec. 28, 1979>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1980: Provided, That the provisions concerning allowances determined by Presidential Decree in the amended provisions of Article 2 (1) 4 shall enter into force on July 1, 1980. Article 2 (Retroactive Inclusion, etc. of Period of Service)
| (1) | For a teacher or staff member who is employed in a school institution (including a different school managed by the same school management institution) as at the time this Act enters into force and has been working on before December 31, 1974 (in cases of clerical staff, December 31, 1977), if he/she retroactively pays monthly individual contributions and corporate contributions, separately, for the relevant months of the period from December 4, 1961 through December 31, 1974 (in cases of clerical staff, December 31, 1977) during which he/she had continued to work, such period for which he/she pays retroactively may be included in calculating the period of service. |
| (2) | A person who pays or intends to pay such retroactive contributions may pay, in a lump sum as prescribed by Presidential Decree, individual contributions (where he/she dies, individual contributions borne by his/her bereaved family), and corporate contributions, equal to the contributions for the period of service added up retroactively on the basis of a relevant monthly contribution when he/she hold office, retires from office, or dies: Provided, That where he/she retires from office or dies, such retroactive payment may be replaced by the deduction of the amount of the individual contributions to be paid from the amount of retirement benefits or bereaved family benefits. |
Article 3 (Improvement of Relevant Articles)
Article 3 of the Addenda of the Private School Teachers' Pension Act (Act No. 2650) and paragraphs (3) and (4) of the Addenda of the amended Act of the Private School Teachers' Pension (Act No. 3058) shall be deleted: Provided, That retroactive contributions paid under those Addenda to be abolished shall be deemed retroactive contributions paid under the Article 2 (1) of the Addenda of this Act.
ADDENDA <Act No. 3395, Mar. 20, 1981>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Teachers and Staff of Special Schools)
A teacher or staff member who is employed in a special school or in a special school management institution as at the time this Act enters into force shall be deemed appointed on the enforcement date of this Act, notwithstanding Article 31: Provided, That a teacher or staff member in a special school or a school management institution, which was designated as a school institution subject to this Act pursuant to the previous subparagraph 2 of Article 3 before this Act enters into force, shall be deemed appointed on the date of such designation. Article 3 (Retroactive Inclusion of Period of Service of Teachers and Staff of Special Schools)
| (1) | Where a teacher or staff member of a special school or an institution managing such a school provided for in Article 2 of the Addenda pays the retroactive contributions whose amount is the same with the total amount of the contributions to be paid by an individual and the contributions to be paid by a juristic person for the whole or part of the period when he has worked continuously from December 4, 1961 to the day immediately preceding the enforcement date of this Act (in case of the teachers and staff falling under the proviso to Article 2 of the Addenda, the day immediately preceding the date such was designated), the period for which he paid shall be included in the period of service. |
| (2) | The teachers and staff as referred to in the provisions of paragraph (1) who pays or intends to pay the retroactive contributions may pay the contributions to be paid by an individual (in case where he is dead, his bereaved family shall pay the contributions to be paid by an individual) and the contributions to be paid by a juristic person at once under the Presidential Decree for the period of service which is included in the period of service retroactively on the basis of the contributions of the month to which the day when he pays the contributions retroactively or the month when he retired or died: Provided, That where he is dead or retired, deduction of the amount of the contributions to be paid by an individual which should be paid from the amount of the allowance for the bereaved family or from the retirement allowances may be made, and the deducted amount may be made, and by receiving the deducted amount, he shall not pay the contributions. |
ADDENDA <Act No. 3582, Dec. 27, 1982>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1983. |
| (2) | (Transitional Measures concerning Inclusion of Period of Military Service in Period of Service) The teachers and staff holding office at the time of the enforcement of this Act whose period of military service is included in the period of service under the amended provisions of Article 31 (2) shall pay the retroactive contributions to be paid by an individual whose amount is the same with the monthly contributions to be paid by an individual to the Foundation for the included period of service from the month when the enforcement date of this Act is made. In this case where the faculty concerned died or retired while he was paying the remaining amount of contributions to be paid by an individual retroactively calculated on the basis of the monthly amount at the time of his retirement or death shall be deducted from the retirement allowances or from the allowances for the bereaved family. |
| (3) | (Transitional Measures concerning Adding up of Period of Service) If the teachers and staff who holds office at the time of the enforcement of this Act, falling under the amended provisions of Article 32, wants to add up the period of service, he may be allowed to have the period of service added up under the amended provisions of Article 32, notwithstanding the previous provisions. |
ADDENDA <Act No. 3684, Dec. 30, 1983>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1984: Provided, That the provisions of Article 2 of the Addenda shall enter into force from July 1, 1984.
Article 2 (Retroactive Inclusion of Period of Service)
| (1) | The teachers and staff who worked from August 15, 1948 through December 31, 1974 (in case of a clerical personnel, December 31, 1977; in case of a member of the teachers and staff, who holds office at the private school for handicapped students or at the institution managing a school, March 19, 1981; in case of a member of the teachers and staff who holds office at the school or the institution managing a school which is subject to this Act under the provisions of Article 60-4 or subparagraph 3 of Article 3 or at the school designated as the research institution, the day previous to the day when it was designated) as the teachers and staff pays every month the contributions to be paid by an individual and the contributions to be paid by a juristic person for the month concerned retroactively in accordance with the Presidential Decree, he may include the period for which he paid retroactively in the period of service: Provided, That in the retroactive inclusion for the period falling under one of the following subparagraphs, all of the contributions which are paid retroactively shall be paid by the teachers and staff concerned, and the amount shall be twice as much as the amount of the contributions to be paid by an individual for the month concerned: |
| 1. | The period of service in the educational institution as the teachers and staff, which is different from the educational institution (including the other schools which have the same institution managing several schools; hereafter the same shall apply in this Article) where he holds office currently; |
| 2. | In the case where persons who hold office in the educational institution where they used to work as the teachers and staff came to work for the school concerned after they had retired, the period during which they had worked as the members of the teachers and staff before they retired. |
| (2) | Deleted. <by Act No. 9908, Dec. 31, 2009> |
Article 3 (Contributions Paid Retroactively)
| (1) | The teachers and staff who pays or intends to pay the contributions retroactively under the provisions of Article 2 of the Addenda may pay the contributions to be paid by an individual and the contributions to be paid by a juristic person (in case of the occasion falling under the proviso of Article 2 of the Addenda, it refers to the contributions which is born by the teachers and staff concerned) fully at once for the remaining period of service which is to be retroactively included on the basis of the contributions for the month concerned under the Presidential Decree. |
| (2) | In the case where the teachers and staff who pays the contributions retroactively under the provisions of Article 2 of the Addenda retires or dies, he shall pay the contributions to be paid by an individual and the contributions to be paid by a juristic person (in case of the occasion falling under the proviso of Article 2 of the Addenda, it refers to the contributions which the teachers and staff concerned pays) for the remaining period of service for which the contributions is to be paid retroactively: Provided, That in the case where retirement allowances (except the retirement pensions) or the allowances for the bereaved family (pension for the bereaved family) is paid owing to the retirement or death, the deduction of the contributions to be paid fully at once from the retirement allowances or from the allowances for the bereaved family shall be made, and the deducted amount shall be paid, while making the extra payment unnecessary. |
Article 4 (Transitional Measures concerning Penalty Provisions)
The application of the penalty provisions concerning the activities before the enforcement of this Act shall be subject to the previous provisions.
ADDENDA <Act No. 3760, Dec. 31, 1984>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1985. |
| (3) | (Transitional Measures concerning Activities, etc. of Council) The activities carried out by the former Council on Pension Benefits for the Private School Teachers and Staff and the activities done to it shall be regarded as the activities performed by the Review Committee on Pension Benefits for Private School Teachers and Staff or as the activities done to it under this Act. |
| (4) | (Transitional Measures concerning Occurrence of Occasion for Payment of Benefits) The benefits of the person to whom an occasion for the payment of benefits occurs before the enforcement of this Act shall be subject to the previous provisions. |
ADDENDUM <Act No. 3954, Nov. 28, 1987>
This Act shall enter into force on January 1, 1988.
ADDENDA <Act No. 4035, Dec. 29, 1988>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Occurrence of Occasion of Payment of Benefits) The benefits of the person to whom the occurrence for the payment of benefits occurs before the enforcement of this Act shall be subject to the previous provisions. |
ADDENDA <Act No. 4226, Apr. 7, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 4268, Dec. 27, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 4455, Dec. 27, 1991>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 35 (2) shall apply from October 1, 1991. |
| (2) | (Transitional Measures concerning Occurrence of Occasion for Payment of Benefits) The benefits of the person to whom the occasion for the payment of benefits occurs before September 30, 1991 shall be subject to the previous provisions. |
| (3) | (Transitional Measures concerning Calculation of Period of Service) The payment of the retirement allowances for the person who held office at the time of the enforcement of this Act shall not be subject to the amended provisions of Article 31 (3) and (4): Provided, That half of the period of temporary rest from one's office(except the temporary rest from one's office owing to the occasions indicated in each subparagraph of Article 31 (4)), the period of the cancellation of official position, and the period of suspension from one's office after the enforcement of this Act shall be reduced in the calculation of the period of service. |
| (4) | (Transitional Measures concerning Payment of Expenses for Retirement Allowances) The retirement allowances shall be paid to persons who retired between October 1, 1991 and the enforcement of this Act, the expenses needed for this shall be born by the State and the Foundation according to the Presidential Decree. |
| (5) | (Transitional Measures concerning Money to be Returned after Adding up of Period of Service) In the case where one pays the money to be returned after having the period of service added up under the provisions of Article 32 of this Act, the person, who retired before September 30, 1991, shall pay the money to be returned as well as the additional dues for the retirement allowances under the previous provisions, the person who retired between October 1, 1991 and the enforcement of this Act shall pay the money to be returned as well as the retirement allowance which he received under this Act, under the Public Officials Pension Act or under the Veterans' Pension Act. |
ADDENDA <Act No. 5068, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on Jan. 1, 1996.
Article 2 (Special Cases in Application of this Act to Persons who were Re-Appointed as Faculty on Day of Retirement or on its Following Day)
In case where persons who were re-appointed as the teachers and staff on the Date of their retirement or on its following date before the enforcement of this Act received the retirement allowances for the pension of service before their re-appointment, and intend to return the previous retirement allowances (including the case in which they express their intention to return them, and pay them in installments according to the provisions of Article 32 (2)), they shall be considered to have been continuously employed, notwithstanding the amended provisions of Article 2 (1) 3. Article 3 (Applicability concerning Period of Prescription)
The amended provisions as referred to in Article 54 (3) shall begin to apply to the right to receive or collect the wrongly paid contributions as well as the right to collect allowances which is first obtained after the enforcement of this Act. Article 4 (Transitional Measures concerning Scope of Bereaved Family)
The spouse, the children born, the children (including the fetus on December 31, 1995), the parents, the grandchildren (including the fetus on December 31, 1995), and grandparents adopted by the person who retired before December 31, 1995, before the enforcement of this Act shall be subject to the previous provisions, notwithstanding the amended provision of Article 2 (1) 2. Article 5 (Transitional Measures concerning Adding up of Period of Service)
The teachers and staff holding office on December 31, 1995, who desires to have the period of service added up under the provisions of Article 32 (including the person who desire to have the period of service added up again under the previous provisions of Article 32 (5) and (6)) shall make application for the adding up of the period of service until December 31, 1997, notwithstanding the amended provisions of Article 32 (1). Article 6 (Transitional Measures concerning Application of Previous Pay Step)
The teachers and staff holding office on December 31, 1995, to whom can be applied the pay step before the reduction of salary, may make a request for the application for the previous pay step until March 31, 1996, notwithstanding the amended provisions of the proviso of Article 35 (2). Article 7 (Transitional Measures concerning Occurrence of Causes for Benefits)
The payment to the person to whom the cause for the benefit occurs before the enforcement of this Act shall be subject to the previous provisions: Provided, That this shall not apply to the application of the amended provisions of subparagraphs 2, 4, and 5 of Article 47 of the Public Officials Pension Act which apply under the provisions of Article 42 (1).
ADDENDA <Act No. 6124, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Change of Name)
| (1) | At the time this Act enters into force, the Management Corporation for Private School Teacher's Pension shall be deemed to be the Korea Teachers Pension Foundation under this Act. |
| (2) | At the time this Act enters into force, any act performed by the Management Corporation for Private School Teacher's Pension and the Management Corporation for Private School Teachers' Pension in other legal relations shall be deemed to be any act performed by the Korea Teachers Pension Foundation and the Korea Teachers Pension Foundation in legal relations. |
| (3) | At the time this Act enters into force, the name of the Management Corporation for Private School Teacher's Pension entered in the register and any other pubic registry shall be deemed to be the name of the Korea Teachers Pension Foundation. |
| (4) | Where the Management Corporation for Private School Teacher's Pension is cited in other statutes at the time this Act enters into force, the Korea Teachers Pension Foundation shall be deemed cited instead. |
| (5) | At the time this Act enters into force, the Council on Pension Benefits for Private School Teachers and the Review Committee on Pension Benefits for Private School Teachers shall be deemed to be the Council on Pension Benefits for Private School Teachers and Staff and the Review Committee on Pension Benefits for Private School Teachers and Staff under this Act. |
| (6) | At the time this Act enters into force, the fund for compensation for natural disasters shall be deemed to be the reserves for the payment of benefits for compensation for natural disasters under this Act. |
Article 3 (Applicability to Term of Office of Auditor)
The amended provisions of Article 11 shall apply to any auditor who is in active service at or from the time this Act enters into force. Article 4 (Applicability to Request Period of Review)
The application of amended provisions of Article 53 (2) shall commence from any such disposition, etc. as initially taken after this Act enters into force. Article 5 Omitted.
Article 6 (Relationship with Other Statutes)
This Act, the Korea Teachers Pension, or any relevant provision of this Act shall be deemed to be cited in lieu of the previous Private School Teachers' Pension Act, the previous Korea Teachers Pension Foundation, or any provision of the previous Private School Teachers' Pension Act, if, at the time this Act enters into force, other statutes cite the previous Private School Teachers' Pension Act, the previous Korea Teachers Pension Foundation, or any provision of the previous Private School Teachers' Pension Act.
ADDENDA <Act No. 6290, Dec. 26, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6330, Dec. 30, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2001: Provided, That the amended provisions of Articles 2 (1) 11 and 48-2 (3), and Article 38 of the Public Officials Pension Act applied mutatis mutandis under Article 42 (1) (referring to the provisions amended under the amended Public Officials Pension Act, No. 6328, December. 30, 2000) shall enter into force on January 1, 2002, and Article 47 of the same Act (referring to the provisions amended under the amended Public Officials Pension Act, No. 6328, December 30, 2000) on the date prescribed by Presidential Decree within the limit of 5 years. Article 2 (General Transitional Measures on Occurrence of Causes for Benefits)
With respect to the benefits to the persons for whom the causes for benefits occurred prior to the enforcement of this Act, the previous provisions shall apply.
Article 3 (Transitional Measures on Application of Average Monthly Remuneration)
The average monthly remuneration pursuant to the amendments to Article 2 (1) 5 shall be computed on the basis of the period in office after the enforcement of this Act, and the period in office or the period in service included pursuant to Article 32 (1) after the enforcement of this Act. Article 4 (Transitional Measures on Inclusion of Military Service Period before Appointment into Period in Office)
With respect to the inclusion of military service period before appointment into the period in office for the teachers and staff who are in service as of December 31, 2000, the previous provisions shall apply, notwithstanding the amendments to Article 31 (2). Article 5 (Special Cases concerning Inclusion of Period in Office)
From among persons whose period in office or in military service may be included under Article 32 (1) and who are the teachers or staff in service as of December 31, 2000, those whose period in office is to be short of 20 years, even if they serve not later than the age limit or the upper age limit for service, due to the reduction of the age limit or the upper age limit for service, may include the period until December 31, 2001 into their period in office, notwithstanding the provisions of Article 32 (1). Article 6 (Transitional Measures on Computation of Benefit Amounts)
Notwithstanding the amendments to Article 35 (3) and the provisions of Article 5 of the Addenda, in the computation of the retirement pension and the early retirement pension under Article 46 (1) and (2) of the Public Officials Pension Act applied mutatis mutandis under Article 42 (1), and the bereaved family pension under Article 56 (1) 1 of the same Act, in case where one has retired or died within 1 year after a promotion, demotion or degrading, transfer, change of post or reappointment (referring to the case where the retired teachers or staff, public officials and soldiers are appointed as teachers or staff, and allowed to have the inclusion of the period in office or in military service pursuant to Article 32 (1); hereafter the same shall apply in this Article), the amount obtained by taking an average of the monthly remuneration before a promotion, demotion or degrading, transfer, change of post or reappointment and of the monthly remuneration at the time of retirement or death, shall be made the basis for computing the amount of benefits. Article 7 (Transitional Measures on Adjustment of Pension Amounts)
| (1) | The pension amount of the recipients of pensions as of December 31, 2000 shall be adjusted by the provisions of Article 43-2 of the Public Officials Pension Act applied mutatis mutandis under Article 42 (1) (referring to the provisions amended under the Public Officials Pension Act amended on December 30, 2000 (Act No. 6328)), on the basis of pension amount as of December 31, 2000. |
| (2) | Notwithstanding the provisions of Article 43-2 (3) of the Public Officials Pension Act applied mutatis mutandis under Article 42 (1) (referring to the provisions amended pursuant to the amended Public Officials Pension Act, No. 6328, December 30, 2000), the first adjustment of pensions after the enforcement of this Act shall be made at the time 2 years elapse after the enforcement of this Act. |
Article 8 (Transitional Measures on Payment of Retirement Pension)
| (1) | With respect to the teachers and staff whose tenure of office is in excess of 20 years at the time of the enforcement of this Act, notwithstanding the provisions of Article 46 (1) of the Public Officials Pension Act applied mutatis mutandis under Article 42 (1) (referring to the provisions amended under the Public Officials Pension Act, No. 6328, December 30, 2000), the retirement pension shall be paid from the time of retirement to the time of death. |
| (2) | In case where the teachers and staff, who have been in office at the time of enforcement of this Act (referring to those who are allowed to include the career as teachers or staff, public officials, soldiers before December 31, 1995, and who were appointed before December 31, 1995, or appointed after January 1, 1996; hereafter the same shall apply in paragraphs (3) and (4)), and whose tenure of office is short of 20 years, retire as their tenure of office becomes in excess of 20 years after the enforcement of this Act, their retirement pension shall be paid from the time they reach the relevant age determined by retirement year falling under any of the following subparagraphs (referring to the year which includes the day immediately preceding the date of retirement, or the year which includes the date of death), notwithstanding the provisions of Article 46 (1) 1 and 2 of the Public Officials Pension Act applied mutatis mutandis under Article 42 (1) (referring to the provisions amended pursuant to the Public Officials Pension Act, No. 6328, December 30, 2000): Provided, That this shall not apply when they first reach the age limit or the upper limit for service ages determined by the Presidential Decree pursuant to the provisions of Article 42 (2): |
| 1. | From 2001 to 2002 : 50 years of age; |
| 2. | From 2003 to 2004 : 51 years of age; |
| 3. | From 2005 to 2006 : 52 years of age; |
| 4. | From 2007 to 2008 : 53 years of age; |
| 5. | From 2009 to 2010 : 54 years of age; |
| 6. | From 2011 to 2012 : 55 years of age; |
| 7. | From 2013 to 2014 : 56 years of age; |
| 8. | From 2015 to 2016 : 57 years of age; |
| 9. | From 2017 to 2018 : 58 years of age; |
| 10. | From 2019 to 2020 : 59 years of age. |
| (3) | Notwithstanding the provisions of paragraph (2), in case where the teachers and staff, whose period in office, which fell short of 20 years at the time of enforcement of this Act, has reached 20 years, retire as they have been in office for more than the period which fell short of 20 years at the time of enforcement of this Act, the retirement pension shall be paid from that time: Provided, That if they first reach the age under paragraph (2), the provisions of paragraph (2) shall apply. |
| (4) | In case where the teachers and staff, whose period in office, which fell short of 20 years at the time of enforcement of this Act, retire as they have been in office for more than 20 years, the early retirement pension may be paid pursuant to Article 46 (2) of the Public Officials Pension Act applied mutatis mutandis under Article 42 (1), according to the principal's desire, by applying the number of years which is short of relevant ages determined by year under each subparagraph of paragraph (2). |
| (5) | In case of the retirement as the period in office becomes more than 20 years by including the career of the teachers and staff, public officials and soldiers before the enforcement of this Act (the career before December 31, 1995 shall be included; hereafter the same shall apply in this paragraph) pursuant to Article 32 (1) and Article 5 of Addenda after the enforcement of this Act, the included career shall be regarded as the period in office at the time of enforcement of this Act pursuant to the provisions of paragraphs (1) through (4), and the retirement pension or the early retirement pension shall be paid from the time when reaching the point of time or the ages for paying pensions under the same provisions. |
Article 9 (Transitional Measures on Payment Suspension of Retirement Pension, etc.)
The provisions of Article 47 of the Public Officials Pension Act applied mutatis mutandis under Article 42 (1) (including the case where being applied mutatis mutandis in Article 55 (1) of the same Act) (referring to the provisions amended pursuant to the amended Public Officials Pension Act, No. 6328, December 30, 2000) shall also apply to the persons for whom the causes for benefits occurred prior to the enforcement date of the same provisions. Article 10 (Transitional Measures on Disability Pension or Disability Compensation)
Even when the teachers and staff, who have retired at the time of enforcement of this Act, fall in the status of incurable disease, the provisions of Article 51 (1) of the Public Officials Pension Act applied mutatis mutandis under Article 42 (1) (referring to the provisions amended pursuant to the amended Public Officials Pension Act, No. 6328, December 30, 2000) shall be applied.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6862, Mar. 12, 2003>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That Article 43-2 (3) of the Public Officials Pension Act (referring to the provisions amended in accordance with the Public Officials Pension Act, Act No. 6859, Mar. 12, 2003) that are applied mutatis mutandis under Article 42 (1) shall be applied from January 1, 2003. |
| (2) | Deleted. <by Act No.13561, Dec. 15, 2015> |
ADDENDA <Act No. 7347, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2005.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7536, May 31, 2005>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 33-2 and 33-3 shall enter into force three months after the date of its promulgation, and the amended provisions of Article 46 shall enter into force on January 1, 2006. |
| (2) | (Special Cases concerning Nursing Expenses, etc.) The persons who are subjected to the impediment pension, or who have received the impediment compensation money under the previous provisions at the time of enforcement of this Act may receive the payment of nursing expenses, prosthetic apparatus or allowance for prosthetic apparatus and the retreatment expenses under the amended provisions of Articles 33-2 and 33-3. |
| (3) | (Retroactive Summing up of Period in Office) Where the persons who have the period of serving as the teachers and staff between from August 15, 1948 to the date preceding to that subjected to the designation as the research institution or the lifelong educational facilities in the form of remote universities (the date preceding to the enforcement date of this Act for the teachers and staff serving in the Foundation), who are the clerical staff of the research institution, the teachers and clerical staff of the lifelong educational facilities in the form of remote universities, and the officers and staff of the Foundation under the amended provisions of Article 60-4 (1) through (3), make separately the retroactive payment every month of the individual contributions and corporation contributions for relevant month, the period of such retroactive payment may be summed up in the tenure of office. In this case, the provisions of the proviso and subparagraphs of Article 2 (1) and (2) and Article 3 of the Addenda of the Pension for Private School Teachers and Staff Act amended by Act No. 3684, shall apply mutatis mutandis to the matters concerning the application procedures, the amount of the retroactive contributions and payment methods, etc. <Amended by Act No 7889, Mar. 24, 2006> |
ADDENDA <Act No 7889, Mar. 24, 2006>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Retroactive Summing up of Period in Office) Where the persons who have the period of serving as the teachers and staff between from August 15, 1948 to the date preceding to that subjected to the designation as the lifelong educational facilities whose academic capabilities are recognized in the form of schools, who are the teachers and clerical staff of the lifelong educational facilities whose academic capabilities are recognized in the form of schools under the amended provisions of Article 60-4 (2), make separately the retroactive payment every month of the individual contributions and corporation contributions for relevant month, the period of such retroactive payment may be summed up in the period of office. In this case, the provisions of the proviso and subparagraphs of Article 2 (1) and (2) and Article 3 of the Addenda of the Pension for Private School Teachers and Staff Act amended by Act No. 3684, shall apply mutatis mutandis to the matters concerning the amount of the retroactive contributions and payment methods, etc. |
| (3) | Deleted. <by Act No. 9908, Dec. 31, 2009> |
| (4) | (Applicability concerning Cases Where Occasion for Payment of Allowances Occurs) The amended provisions under Article 54 (1) shall be applied to the person to whom an occasion for payment of allowances occurs after the date of enforcement of this Act. |
ADDENDA <Act No. 8163, Jan. 3, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Applicability) The amended provisions of Article 31 (4) shall be applied starting from the temporary rest from office applied first after this Act enters into force. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9413, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9908, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the first day of the month following the month in which the date of its promulgation falls. <Amended by Act No. 13572, Dec. 22, 2015>
[The proviso to this Article is deleted following the Constitutional Court’s ruling on a contravention of the Constitution on September 26, 2013, pursuant to Act No. 13572 promulgated on December 22, 2015]
Article 2 (Special Cases concerning Calculation of Retirement Pension and Application of Basic Monthly Income)
| (1) | Notwithstanding the amended provisions of Article 2 (1) 4, the basic monthly income to be used in calculating the amount of benefits under the amended provisions of Article 2 (1) 4 for the period of service after this Act enters into force, shall be the basic monthly income multiplied by a ratio prescribed by Presidential Decree for each period of service: Provided, That, where periods of service are added up under the amended provisions of Article 32 (1) after this Act enters into force and where the periods of service or military service before this Act enters force are included and thus change the period of service, the basic monthly income shall be re-calculated based on the changed period of service. |
| (2) | Notwithstanding the amended provisions of Article 2 (1) 4 and Article 35, a teacher or staff member working as at the time this Act enters into force may make the monthly remuneration for the month, in which the date immediately preceding the date of the promulgation of this Act falls, the basic monthly income, where the monthly remuneration for the month, in which the date immediate preceding the date of the promulgation of this Act falls, is less than the basic monthly income after this Act enters into force, if he/she wishes and the head of the school operations institution consents, as prescribed by Presidential Decree. |
Article 3 (Special Cases concerning Contributions)
Notwithstanding the amended provisions of Article 44 (4), the amount of contributions shall be the basic monthly income multiplied by the following applicable ratio for a relevant year: Article 4 (Transitional Measures concerning Payment of Benefits and Calculation of Contributions)
| (1) | Benefits, a ground for payment of which has arisen before this Act enters into force shall be governed by the former provisions: Provided, That the amended provision of Article 47 (2) of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42 (1), shall also apply to a person against whom a ground for payment of benefits has arisen, before this Act enters into force. <Amended by Act No. 13561, Dec. 15, 2015> |
| (2) | Payment of benefits and contributions for the period of service before this Act enters into force (including any period of service which is added under the amended provisions of Article 32 (1) after this Act enters into force and is also a period of service or military service before this Act enters into force or a period of pre-employment military service, which is included in calculation before this Act enters into force and for which contributions are paid before this Act enters into force; hereinafter referred to as "previous period of service") shall be governed by the former provisions. |
| (4) | Calculation of contributions for a period of service retroactively added under Article 3 shall be calculated based on the monthly remuneration converted to a present value of the month of payment of contributions, reflecting the contribution increase rate and public officials pay increase rate, as prescribed by Presidential Decree. |
| (5) | The age and time of payment of retirement pensions and early retirement pensions for teachers and staff employed before this Act enters into force (including persons who, after this Act enters into force, add periods of service or military service before this Act enters into force under the amended provisions of Article 32 (1); hereinafter the same shall apply) shall be governed by the former provisions. |
| (6) | The average basic monthly income under the amended provisions of Article 2 (1) 5 shall be calculated based on the period of service after this Act enters into force. |
| (7) | The amount of benefits for the previous period of service under Article 2 shall be calculated as follows: |
| 1. | The monthly remuneration or the average monthly remuneration which is the basis of calculation of benefits means an amount which is obtained by converting the monthly remuneration or the average monthly remuneration, calculated as of the month in which the date immediately preceding the date of the promulgation of this Act falls, to a present value as of the date on which a ground for payment of benefits arises, as prescribed by Presidential Decree: Provided, That the average monthly remuneration which is the basis of calculation the retirement pensions and early retirement pensions under Article 46 (1) and (2) of the previous Public Officials Pension Act applied mutatis mutandis under the previous Article 42 (1) and the bereaved family pensions (excluding cases where a bereaved family receives the bereaved family pension following death of a former teacher or staff member who dies while receiving retirement pension or early retirement pension) under Article 56 (1) 1 of the same Act means an amount converted under the proviso to the amended provision of Article 2 (1) 5; |
| 2. | Where a previous period of service is 20 years or less, the amount of pension for the previous period of service shall be the average monthly remuneration under subparagraph 1 multiplied by 25/1,000 for each year of period of service; |
| 3. | Where a previous period of service exceeds 20 years, the amount of pension for the previous period of service shall be an amount equivalent to 500/1,000 of the average monthly remuneration under subparagraph 1, plus an amount equivalent to 20/1,000 of the average monthly remuneration under subparagraph 1 for each year of service exceeding 20 years. In such cases, the amount of retirement pensions for the previous period of service shall not exceed 760/1,000 of the average monthly remuneration under subparagraph 1. |
Article 5 (Transitional Measures concerning Adjustment of Amount of Pension)
Notwithstanding the amended provisions of Article 43-2 (3) of the Public Officials Pension Act applied mutatis mutandis under Article 42 (1), benefits that are pensions shall be adjusted from year 2010 to year 2014, and, where the difference between the national consumer prices fluctuation rate and the public officials pay fluctuation rate is at least three percent point, benefits that are pensions shall be adjusted so that the difference with the public officials pay fluctuation rate does not exceed three percent point for each year. Article 6 (Transitional Measures concerning Legal Fiction of Public Officials in Application of Penalty Provisions)
Notwithstanding the amended provisions of Article 15, the former Article 15 shall apply where penalty provisions of the Criminal Act or other Acts are applied to officers and staff of the KTP before this Act enters into force. Article 7 (Transitional Measures concerning Application of Previous Monthly Remunerations)
Where a person, for whom a cause for application of the previous monthly remuneration under the former Article 35 (2) before this Act enters into force, requests application of the previous monthly remuneration after this Act enters into force, he/she may pay contributions based on the pre-reduction monthly remuneration through the month preceding the month in which the date of promulgation of this Act falls, pursuant to the former provisions.
Article 8 Deleted. <by Act No. 13561, Dec. 15, 2015>
Article 9 (Transitional Measures Following Name Change)
| (1) | The Korea Teachers Pension Foundation at the time this Act enters into force shall be deemed the Korea Teachers Pension under this Act. In such cases, the Korea Teachers Pension shall amend its article of incorporation within three months after this Act enters into force under the amended provisions of this Act and shall obtain approval of the Minister of Education, Science and Technology. |
| (2) | The chair of the board of directors, executive director, directors, auditor, and employees at the time this Act enters into force shall be deemed to have been appointed as the chair of the board of directors, executive director, directors, auditor, and employees respectively under this Act. In such cases, the term of office of an officer shall be the remaining term of office under the previous provisions. |
| (3) | The Korea Teachers Pension shall succeed to all of assets, rights, and obligations of the Korea Teachers Pension Foundation at the time this Act enters into force. |
Article 10 (Measures concerning Periods Subject to Retroactive Inclusion of Periods of Service)
Where a teacher or staff member retroactively adds up periods of service pursuant to Article 2 (1) of the Addenda of the amended Pension for Private School Teachers and Staff (Act No. 3684), Article 3 of the Addenda of the amended Pension for Private School Teachers and Staff (Act No. 7536), and Article 2 of the Addenda of the amended Pension for Private School Teachers and Staff (Act No. 7889), any portion of national pension coverage period, for which lump sum refund was not paid during the previous period of service, shall not be included in the retroactive inclusion of periods of service.
Article 11 (Special Measures concerning Adding Up of Periods of Service)
| (1) | A teacher or staff member, who retires on or after January 1, 2006 and before this Act enters into force and may add up periods of service under the amended provisions of Article 32 (1) and whose period of service is short of 20-year requirement for receiving pensions even when he/she continues to work until he/she reaches the retirement age or the age limit, may apply to add up periods of service, within one year after this Act enters into force. |
| (2) | A teacher or staff member (excluding any person whose previous period of service or military service is 20 years or more) who retires at any time between January 1, 1996 and December 31, 2005 and may add up periods of service under the amended provisions of Article 32 (1), whose period of service is less than 20 years even when he/she continues to work until he/she reaches the retirement age or the age limit, and whose total period of service when added up is 20 years or more, may apply to add up periods of service, within one year after this Act enters into force. |
| (3) | Where a teacher or staff member is allowed to add up periods of service under paragraph (2), he/she shall receive the retirement pension or early retirement pension for 20 years of service, and, for the period of service in excess of 20 years, he/she shall receive the retirement pension-deducted lump sum payment. |
ADDENDA <Act No. 10413, Dec. 27, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10636, May 19, 2011>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Criteria for Payment of Accident Relief Money and Death Condolence Money) The amended provisions of Articles 35 and 42 shall apply to the person to whom a cause for payment of the accident relief money or the death condolence money occurs after this Act enters into force. |
ADDENDA <Act No. 11215, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Executive Officers of KTP)
A current or former executive officer of the KTP as at the time this Act enters into force shall be subject to the former provisions, notwithstanding the amended provisions of Article 60-4.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11721, Apr. 5, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11767, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 19 (4), 31 (4), 39-2 (1), and 45 shall enter into force on the date of its promulgation. Article 2 (Applicability to Calculation of Period of Service for Computing Retirement Allowances)
The amended provisions of Article 31 (4) 4 shall apply to retirement allowances that are first computed and paid after this Act enters into force. Article 3 (Applicability to Special Cases in Benefit Payment where No Bereaved Families Exist)
The amended provisions of Article 38 shall apply to a person who meets the requirements of the same amended provisions where a person who is or was a teacher or staff member dies after this Act enters into force. Article 4 (Applicability to Bereaved Family Pension, Additional Money to Bereaved Family Pension, and Special Additional Money to Bereaved Family Pension)
Articles 56 (1) and 57 (1) of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42 (1), shall begin applying from persons who die after this Act enters into force and whose cases meet the requirements prescribed in the same provisions. Article 5 (Transitional Measures concerning Medical Treatment and Re-Treatment)
A person who has received lump-sum medical care benefits related to the performance of official duties under the former Article 36 of the Public Officials Pension Act which is applicable mutatis mutandis under the former Article 42 (1) as at the time this Act enters into force shall be deemed to have received the medical care expenses related to the performance of official duties for the medical treatment period by extending it under the proviso to Article 35 (2) of the Public Officials Act which is applicable mutatis mutandis under Article 42 (1) for the relevant period.
ADDENDUM <Act No. 12124, Dec. 30, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, any amendment of the Acts made under Article 6 of this Addenda, which were promulgated before this Act comes into force, but the enforcement date of which has yet to arrive, shall enter into force on the date the corresponding Act takes effect.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13561, Dec. 15, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2016.
Article 2 (Applicability to Payment of Divided Pension)
| (1) | The divided pension provided under the amended provisions of Articles 46-3 through 46-5 of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42 (1), shall begin to be paid from the first person against whom a ground for payment of benefits arises after this Act enters into force. In such cases, the period of a marital relationship of the subject of payment of divided pension shall include the period of a marital relationship during which a person, who is or was a spouse before this Act enters into force, was employed as the teacher or a staff member. |
| (2) | Notwithstanding the amended provision of Article 46-3 (1) 3 of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42 (1), the divided pension may be paid to a person, who meets the requirements of the amended provisions of subparagraphs 1 and 2 of Article 46-3 (1) of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42 (1), and reaches the ages by year prescribed under the following: |
| 1. | From 2016 to 2021: 60 years of age; |
| 2. | From 2022 to 2023: 61 years of age; |
| 3. | From 2024 to 2026: 62 years of age; |
| 4. | From 2027 to 2029: 63 years of age; |
| 5. | From 2030 to 2032: 64 years of age. |
Article 3 (Applicability to Payment of Non-Service Disability Benefits)
The amended provisions of subparagraph 2 of Article 51 of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42 (1), shall begin applying to the first case where a ground for payment arises due to a disease or injury occurred after this Act enters into force. Article 4 (Applicability to Payment of Bereaved Family Benefits)
The amended provisions of subparagraph 3 of Article 51 (1) and Article 61 (1) of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42 (1), shall begin applying from persons who dies after this Act enters into force. Article 5 (Special Cases concerning Adjustment of Pension)
Article 6 (Special Cases concerning Reduced Requirements to Receive Pension Provision)
Article 46 (1) through (3), 48 (1), 56 (1) through (3) and the amended provisions of 60 (1) of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42 (1), shall begin to apply from teachers or staff working as at the time this Act enters into force. Article 7 (Special Cases concerning Payment of Retirement Pension of Employees before December 31, 2009)
| (1) | Notwithstanding Article 46 (1) 1 of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42 (1), and the Article 4 (5) of the Addenda of the amended Pension for Private School Teachers and Staff Act (Act No. 9908), retirement pension in a case where a teacher or staff member, who was appointed during a period from January 1, 1996 to December 31, 2009 and is employed as at the time this Act enters into force (including teachers or staff appointed after January 1, 2010, whose periods of service as teachers and staff; public officials; or soldiers were added up from January 1, 1996 to December 31, 2009; hereafter the same shall apply in paragraph (2)), retires after this Act enters into force, shall be paid from the time he/she attains the relevant age determined for each of the following retirement years (referring to the year in which the day immediately preceding the date of retirement falls or the year in which the day of death falls; hereafter the same shall apply in paragraph (2)): |
| 1. | From 2016 to 2021: 60 years of age; |
| 2. | From 2022 to 2023: 61 years of age; |
| 3. | From 2024 to 2026: 62 years of age; |
| 4. | From 2027 to 2029: 63 years of age; |
| 5. | From 2030 to 2032: 64 years of age; |
| 6. | From 2033: 65 years of age. |
| (2) | Notwithstanding paragraph (1), retirement pension in a case where a teacher or staff member, who was appointed during a period from January 1, 1996 to December 31, 2009, retires for any reason provided for in Article 46 (1) 2 through 4 of the amended Public Officials Pension Act (Act No. 6328) (hereinafter referred to as “reason for retirement” in this paragraph), which shall be applicable mutatis mutandis under Article 42 (1) of the amended Pension for Private School Teachers and Staff Act (Act No. 6330), shall be paid from the time he/she reaches the relevant age determined for each of the following retirement years: Provided, That where he/she first reaches the relevant age provided for in paragraph (1), retirement pension shall be paid from the time he/she reaches the relevant ages: |
| 1. | From 2016 to 2021: When the reason for retirement arises; |
| 2. | From 2022 to 2023: When one year ahs elapsed since the reason for retirement arose; |
| 3. | From 2024 to 2026: When two years have elapsed since the reason for retirement arose; |
| 4. | From 2027 to 2029: When three years have elapsed since the reason for retirement arose; |
| 5. | From 2030 to 2032: When four years have elapsed since the reason for retirement arose; |
| 6. | From 2033: When five years have elapsed after the reason for retirement arose. |
| (4) | Article 8 (1) through (5) of the Addenda of the amended Pension for Private School Teachers and Staff Act (Act No. 6330) shall first apply to teachers or staff who are employed as at the time the amended Pension for Private School Teachers and Staff Act (Act No. 6330) (referring to persons appointed before December 31, 1995, or persons appointed after January 1, 1996 and whose periods of service as teachers and staff, public officials, or soldiers before December 31, 1995 were added up) enters into force. |
Article 8 (Special Cases concerning Payment of Retirement Pensions to Teachers and Staff Employed on or after January 1, 2010)
Article 9 (Special Cases concerning Calculation of Pension)
| (1) | Notwithstanding the amended provision of Article 46 (4) of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42 (1), the amount of retirement pension from 2016 to 2034 shall be the amount calculated by multiplying the following applicable ratio of the relevant year to the average basic monthly income: |
| 1. | 2016: 18,780/1,000,000; |
| 2. | 2017: 18,560/1,000,000; |
| 3. | 2018: 18,340/1,000,000; |
| 4. | 2019: 18,120/1,000,000; |
| 5. | 2020: 17,900/1,000,000; |
| 6. | 2021: 17,800/1,000,000; |
| 7. | 2022: 17,700/1,000,000; |
| 8. | 2023: 17,600/1,000,000; |
| 9. | 2024: 17,500/1,000,000; |
| 10. | 2025: 17,400/1,000,000; |
| 11. | 2026: 17,360/1,000,000; |
| 12. | 2027: 17,320/1,000,000; |
| 13. | 2028: 17,280/1,000,000; |
| 14. | 2029: 17,240/1,000,000; |
| 15. | 2030: 17,200/1,000,000; |
| 16. | 2031: 17,160/1,000,000; |
| 17. | 2032: 17,120/1,000,000; |
| 18. | 2033: 17,080/1,000,000; |
| 19. | 2034: 17,040/1,000,000. |
| (2) | Notwithstanding the amended provision of Article 46 (4) of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42 (1), and paragraph (1), in the calculation of the pension for the employment period after this Act enters into force, a hundredth of the number multiplied to the average basic monthly income every year during the period of service shall be based on the amount calculated by multiplying the following ratios to the average basic monthly income: Provided, That the same shall not apply to the employment period exceeding 30 years: |
Article 10 (Special Cases concerning Contribution)
Notwithstanding the amended provision of Article 44 (4), the contribution shall be the amount calculated by multiplying the following ratios to the average basic monthly income by each relevant year: Article 11 (Transitional Measures concerning Extension of Upper Limit of Service Period)
Notwithstanding Article 44 (3) and the amended provisions of Article 46 (4) and (5) of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42 (1), no period of service and period of contribution payment of a teacher or staff member, who was employed as at the time this Act enters into force (including persons whose period of service before this Act enters into force was added up after this Act enters into force pursuant to Article 32 (1)) in the calculation of retirement benefits shall exceed the following years: | 1. | Where the service period before this Act enters into force is at least 21 years: 33 years; |
| 2. | Where the service period before this Act enters into force is at least 17 and less than 21 years: 34 years; |
| 3. | Where the service period before this Act enters into force is at least 15 and less than 17 years: 35 years; |
| 4. | Where the service period before this Act enters into force is less than 15 years: 36 years. |
Article 12 (Transitional Measures concerning Payment of Benefits)
| (1) | The former provisions shall apply to the payment of benefits for which the grounds for payment has arisen before this Act enters into force: Provided, That Article 5 of the Addenda of this Act and the amended provisions of Article 47 of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42 (1), shall also apply to persons for whom the grounds for payment has arisen before this Act enters into force. |
| (2) | The former provisions shall apply to the payment of benefits for the period of service before this Act enters into force (including, among the period added up pursuant to Article 32 (1) after this Act enters into force, the period of service and the period of military service before this Act enters into force; the period of military service before the employment, which corresponds to the period of paying contribution before this Act enters into force by being included before this Act enters into force pursuant to Article 31 (2); the service period, which corresponds to the period of paying contribution before this Act enters into force by being calculated by adding up retroactively under Article 2 (1) of the Addenda of the amended Pension for Private School Teachers and Staff Act (Act No. 3684), Article 3 of the Addenda of the amended Pension for Private School Teachers and Staff Act (Act No. 7536), and Article 2 of the Addenda of the amended Pension for Private School Teachers and Staff Act (Act No. 7889). |
Article 13 (Transitional Measures concerning Deletion of Addenda)
Notwithstanding the deletion of Article 8 of the Addenda of the amended Pension for Private School Teachers and Staff Act (Act No. 9908), the former provision shall apply to persons who have received bereaved family pension before this Act enters into force.
ADDENDUM <Act No. 13572, Dec. 22, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13934, Jan. 28, 2016>
This Act shall enter into force on March 1, 2016.
ADDENDA <Act No. 14153, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2017.
Article 2 (Special Cases concerning Retirement Age Excluded in Calculation of Period of Service of Clerical Staff in Labor Service and Other Relevant Matters)
| (1) | Notwithstanding the amended provision of Article 31, the retirement age excluded in the calculation of the period of service of clerical staff in labor service (referring to the clerical staff not classified by grade among clerical staff who are reported to the KTP by the head of a school institution under jurisdiction of the KTP by classifying the type, class, and order, grade of clerical staff according to the articles of incorporation or regulations of the school institution, who are engaged in simple labors; hereafter the same shall apply in this Article) who are employed as at the time this Act enters into force shall be 60 years of age. |
| (2) | Notwithstanding the amended provisions of Articles 31, 42, and 44,among clerical staff in labor service who are employed as at the time this Act enters into force, the calculation of the period of service and years of service, the payment of individual contributions, the calculation of lump-sum allowance for retirement, and other relevant matters, of a clerical staff member in labor service who reaches 60 years of age, which is excluded in the calculation of the period of service pursuant to paragraph (1), before this Act enters into force, shall be based on such period of service exceeded until the day immediately preceding the enforcement date of this Act. |
Article 3 (Transitional Measures concerning Calculation, etc. of Period of Service of Teachers and Staff)
Notwithstanding the amended provisions of Articles 31, 42 and 44, among the teachers and staff who are employed as at the time this Act enters into force, the calculation of the period of service and years of service, the payment of individual contributions, the calculation of lump-sum allowance for retirement, and other relevant matters, of a person who reaches the retirement age referred to in the amended provision of Article 31 before this Act enters into force shall be based on such period of service exceeded until the immediately preceding day of the enforcement date of this Act.
ADDENDUM <Act No. 14394, Dec. 20, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, any amendment of the Acts made under Article 5 of this Addenda, which were promulgated before this Act comes into force, but the enforcement date of which has yet to arrive, shall enter into force on the date the corresponding Act takes effect.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15522, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 30 Omitted.
ADDENDA <Act No. 15523, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 37 Omitted.
ADDENDA <Act No. 15554, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on September 21, 2018: Provided, That the amended provisions of Article 35 (2) (only applicable to calculating the amount of pension benefits for a survivor of a teacher or staff who died while performing official duties) and Article 42 (1) that applies mutatis mutandis Articles 36 (2) and 37 (2) of the Public Officials' Accident Compensation Act shall enter into force on March 20, 2018. Article 2 (Applicability to Basis for Calculating Amount of Benefits)
| (1) | Amended Article 35 (2) that provides for the basic amount of minimum compensation shall also apply to a person who died before the date of enforcement specified in Article 1 of the Addenda and grounds for paying a pension benefit for the survivor of a teacher or staff who died while performing official duties have arisen (such person includes anyone who is receiving a survivors’ pension under Article 56 (1) 3 of the former Public Officials Pension Act (that was in force before it was wholly amended by Act No. 15523; hereinafter the same applies) which is applicable mutatis mutandis under the former Article 42 (1) before the enforcement of this Act). |
| (2) | The amount of benefits payable under paragraph (1) shall apply, beginning with the payment date of benefits that first arrives after the date of enforcement specified in the proviso to Article 1 of the Addenda. |
Article 3 (Applicability to Pension Payments for Survivor of Teacher or Staff who Died while Performing Official Duties)
| (1) | Article 36 (2) of the Public Officials' Accident Compensation Act which is applicable mutatis mutandis under the amended provisions of Article 42 (1) shall also apply to a person regarding whom grounds for paying a pension benefit for the survivor of a teacher or staff who died while performing official duties arose before the date of enforcement specified in the proviso to Article 1 of the Addenda (such person includes anyone who is receiving a survivors’ pension under Article 56 (1) 3 of the former Public Officials Pension Act). |
| (2) | The amount of benefits payable under paragraph (1) shall apply, beginning with the payment date of benefits that first arrives after the date of enforcement specified in the proviso to Article 1 of the Addenda. |
Article 4 (Applicability to Adjustment of Benefits under Other Statutes)
Article 41 (3) through (6) of the Public Officials Pension Act which is applicable mutatis mutandis under the amended provisions of Article 42 (1) shall apply, beginning with a person regarding whom grounds for paying a benefit arise after this Act enters into force. Article 5 (Applicability to Payment of and Prior Claim for Split Pension)
| (1) | Articles 45 through 48 of the Public Officials Pension Act (except for the criteria for recognition of the marriage period under Article 45 (1) and (4) of the Public Officials Pension Act) which is applicable mutatis mutandis under the amended provisions of Article 42 (1) shall apply, beginning with a person who divorced on or after January 1, 2016. In this case, the marriage period during which a split pension is payable includes the marriage period during which a current or former spouse worked as a teacher or staff before January 1, 2016. |
| (2) | A person who satisfies the requirements under Article 45 (1) 1 and 2 of the Public Officials Pension Act which is applicable mutatis mutandis under the amended provisions of Article 42 (1) may receive a split pension, notwithstanding Article 45 (1) 3 of the same Act, if the person reaches the age in the years specified in the following: |
From 2016 to 2021: Age 60;
From 2022 to 2023: Age 61;
From 2024 to 2026: Age 62;
From 2027 to 2029: Age 63; and
From 2030 to 2032: Age 64.
| (3) | Article 49 of the Public Officials Pension Act which is applicable mutatis mutandis under the amended provisions of Article 42 (1) shall also apply to a person who divorced during the period from January 1, 2016 to the date of enforcement of this Act if the person files a prior claim for split payment of the lump-sum retirement pension, lump-sum retirement pension after deductions, or lump-sum payment on retirement after this Act enters into force. In this case, the marriage period during which the lump-sum retirement pension, lump-sum retirement pension after deductions, or lump-sum payment on retirement can be split includes the marriage period during which a current or former spouse worked as a teacher or staff before this Act enters into force. |
Article 6 (Applicability Following Change of Definition of Marriage Period)
The marriage period provided in Article 45 (1) and (4) of the Public Officials Pension Act which is applicable mutatis mutandis under the amended provisions of Article 42 (1) shall apply, beginning with the first case in which grounds for paying a split pension arise after this Act enters into force. Article 7 (Special Cases concerning Payment of Benefits and Interest after Grounds for Limiting Benefits Cease to Exist)
Article 65 (2) of the Public Officials Pension Act which is applicable mutatis mutandis under the amended provisions of Article 42 (1) shall also apply to a person regarding whom grounds for limiting benefits ceased to exist retroactively before this Act enters into force. In this case, notwithstanding Article 54, no claim for payment of the amount specified in Article 65 (2) of the Public Officials Pension Act can be filed upon the expiration of the five-year period following the date of enforcement of this Act. Article 8 (Applicability to Payment of Rehabilitation Benefits)
| (1) | Articles 26 and 27 of the Public Officials' Accident Compensation Act which is applicable mutatis mutandis under the amended provisions of Article 42 (1) shall also apply to a person regarding whom a decision to take medical care related to the performance of official duties was made under Article 35 of the former Public Officials Pension Act which is applicable mutatis mutandis under former Article 42 (1) before this Act enters into force. |
| (2) | The amount of benefits payable under paragraph (1) shall apply, beginning with a person who does rehabilitation exercise or takes counseling after this Act enters into force. |
Article 9 Omitted.
ADDENDUM <Act No. 15714, Aug. 14, 2018>
This Act shall enter into force three months after the date of its promulgation.