Pension For Private School Teachers And Staff Act


Published: 2009-12-31

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
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.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 2 (Definitions)   print
(1) The definitions of the terms used in this Act shall be as follows:
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 who are 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 persons who were supported by teachers and staff, or by persons who had been teachers and staff, at the time of their death and who fall under any of the following items:
(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 to be a child who is 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 who is born or adopted after the date of their retirement, but a fetus at the time of the retirement shall be deemed to be a grandchild who is born while they are employed; hereinafter the same shall apply);
(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 when 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 obtained by converting the basic monthly income for each year of service 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 46 (1) and (2) of the Public Officials Pension Act applied mutatis mutandis by Article 42 (1), and the bereaved family pension under Article 56 (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 the bereaved family pension), means the amount obtained 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 when 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 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;
11. The term "disaster compensation contributions" means the amount of money separately borne by educational institutions pursuant to this Act, in order to supplement the costs required for benefits to be paid from the reserves of disaster compensation benefits under Article 48-2 (3) from among the short-term benefits under Article 34 of the Public Officials Pension Act, which are applicable mutatis mutandis under Article 42 (1), and the long-term benefits under Article 42 of the same Act.
(2) The children from among the bereaved families under paragraph (1) 2 shall be limited to those who are under 18 years of age and those not less than 18 who has disability of such degree as is prescribed by Presidential Decree.
(3) The grandchildren from among the bereaved families under paragraph (1) 2 shall be limited to those who have no father or whose father has disability of such degree as is prescribed by Presidential Decree, and who fall under one of the following subparagraphs:
1. Those who are under 18 years of age;
2. Those who are not less than 18 years of age and have disability of such degree as is prescribed by Presidential Decree.
(4) The fetus of those 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]
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 Article 3 (Scope of Application)   print
This Act shall apply to the teachers and staff (excluding the public officials to whom the Public Officials Pension Act applies or the military personnel to whom the Veterans' Pension Act applies) who are employed at the educational institutions referred to in the following subparagraphs:
1. Private schools as referred to in Article 3 of the Private School Act, and school operations institutions which establish and operate such schools;
2. Private schools from among the special schools under Article 2 of the Elementary and Secondary Education Act and school operations institutions establishing and operating such schools;
3. Private schools specially designated by the Minister of Education, Science and Technology and school operations institutions which establish and operate such schools, from among private schools and school operations institutions which do not fall under subparagraphs 1 and 2.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
CHAPTER II KOREA TEACHERS PENSION
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 Article 4 (Establishment)   print
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;
3. Management of assets;
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]
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 Article 5 (Juristic Personality)   print
(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]
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 Article 6 (Office)   print
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]
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 Article 7 (Articles of Incorporation)   print
(1) The articles of incorporation of the KTP shall include the following matters:
1. Purpose;
2. Name;
3. Locations of its offices;
4. Matters concerning its organization;
5. Matters concerning its assets and accounts;
6. Matters concerning its executives 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 an approval of the Minister of Education, Science and Technology.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 8 (Registration)   print
(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]
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 Article 9 (Dissolution)   print
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]
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 Article 10 (Officers)   print
(1) The KTP shall, as its officers, have one chair of the board of directors, not more than two standing directors, not more than 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, Science and Technology 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.
(2) Matters relating to appointment and dismissal of officers shall be as prescribed by Article 26 of the Act on the Management of Public Institutions.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 11 (Term of Service of Officers)   print
(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]
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 Article 12 (Duties of Officers)   print
(1) The chair of the board of directors shall represent the KTP and excercise 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]
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 Article 12-2 (Appointment of Agents)   print
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]
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 Article 13 (Grounds for Disqualification)   print
(1) A person who falls under any of the grounds for disqualification in any subparagraph of Article 33 of the State Public Officials Act may not become an officer of the KTP.
(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]
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 Article 14 (Board of Directors)   print
(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]
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 Article 15 (Legal Fiction as Public Official in Application of Provisions)   print
In application of Article 129 through 132 of the Criminal Act, the officers of the KTP shall be deemed public officials.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 16 (Restriction on Holding Concurrent Positions by Officers and Staff)   print
(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]
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 Article 17 (Restriction on Remuneration)   print
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]
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 Article 18 (Appointment and Dismissal of Staff)   print
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]
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 Article 19 (Authorities, etc. of KTP)   print
(1) When it is deemed necessary for ensuring the appropriateness of the benefits under this Act, the KTP may demand any person who is concerned in payment of benefits to do any act under any of the following subparagraphs 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 explanation.
(2) The staff of the KTP who performs the inspection under paragraph (1) shall produce a certificate indicating his/her authority to the persons concerned.
(3) Where any person who is entitled to various benefits under this Act or any medical institution fails to comply with the demand or inspection under paragraph (1) without any justifiable reasons, the payment of the benefits for the person who is entitled to the benefits or the medical institution may be suspended until he/she/it complies with it.
(4) The KTP may, if deemed necessary for ensuring the appropriateness of benefits under this Act, make a request for investigation on income, etc. under Article 47 of the Public Officials Pension Act applied mutatis mutandis under Article 42 (1), or a request for other materials concerning activities relating to pension for private school teachers and staff, to State agencies, local governments and other public organizations. In such cases, agencies and organizations receiving a request for submission of materials shall comply with the request unless there exists any special reason to the contrary.
(5) Fees and charges shall be exempted for the materials provided to the KTP under paragraph (4).
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 20 (Entrustment of Affairs)   print
(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]
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 Article 21 Deleted.<by Act No. 6124, Jan. 12, 2000>   print
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 Article 22 (Fiscal Year)   print
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]
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 Article 23 (Revenues and Expenditures of KTP)   print
(1) The revenues and expenditures of the KTP shall be the amounts under each item as classified by each of the following subparagraphs:
1. Revenues
(a) Contributions;
(b) Transferred-in money and transferred-in reserves from the pension fund for private school teachers and staff;
(c) Other revenues;
2. Expenditures
(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]
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 Article 24 (Budget)   print
(1) The chair of the board of directors shall establish a budget for every fiscal year and shall submit it to the Minister of Education, Science and Technology and obtain an approval from the Minister no later than the commencement of the fiscal year.
(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 accessary 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]
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 Article 25 (Settlement of Accounts)   print
The chair of the board of directors shall prepare the report of the settlement of accounts for the year concerned (referring to the balance sheet, earnings statement, and surplus disposal statement) and its accessary details within two months after the termination of each fiscal year and shall submit them to the Minister of Education, Science and Technology.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 26 Deleted.<by Act No. 6124, Jan. 12, 2000>   print
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 Article 27 (Disposal of Surplus)   print
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]
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 Article 28 (Supervision)   print
The Minister of Education, Science and Technology shall supervise the general affairs of the KTP and may take measures necessary for supervision.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 29 (Dismissal of Officers)   print
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]
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 Article 30 (Report and Inspection)   print
The Minister of Education, Science and Technology may, if deemed necessary, order the KTP to submit a report, or may have any public official under his/her jurisdiction inspect the status of its general affairs or its books, documents, and other necessary articles.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 30-2 (Application Mutatis Mutandis of Civil Act)   print
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
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 Article 31 (Calculation of Period of Service)   print
(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 before his/her retirement or the day of his/her death falls. In such cases, when a month is converted to a year, each month shall be regarded as one-twelfth of a year.
(2) A person's 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 from among the service period of those who were on duty by the defense call-up, full-time reserve call-up, or reservist call-up) may be included in the period of service under paragraph (1) as desired by the person.
(3) The periods under any of the following subparagraphs shall not 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 42 of the Public Officials Pension Act, which shall be applicable mutatis mutandis under Article 42.
1. The period of military service under paragraph (2);
2. The period of service added under Article 32 (1);
3. The periods of service retroactively included under Article 2 (1) of the Addenda of the amended Private School Teachers' Pension 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).
(4) 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 a cause under any of the following subparagraphs, be reduced by half:
1. Leave of absence due to on-duty illness or injury;
2. Leave of absence to finish one's military duty under the Military Service Act;
3. Leave of absence owing to temporary employment by international organizations, foreign organs, educational institutions for Koreans residing in a foreign country, domestic or foreign colleges or research institutes;
4. Leave of absence under Article 59 (1) 11 of the Private School Act;
5. Leave of absence for childcare or due to a female teacher's or staff member's pregnancy or delivery under Articles 59 (1) 7 and 70-2 of the Private School Act;
6. Leave of absence to perform duties under Acts.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 31-2 (Means of Inclusion of Military Service Period before Appointment)   print
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 through the head of the competent school agency.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 32 (Adding up Periods of Service)   print
(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 64 of the Public Officials Pension Act (including cases where it is applied mutatis mutandis under Article 42) or under Article 33 of the Veterans' 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.
(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 not less than 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]
CHAPTER IV BENEFITS
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 Article 33 (Benefits)   print
The short-term benefits shall be paid for on-duty illness or injury of teachers and staff and for disasters, and the long-term benefits shall be paid for retirement, disability, and death of teachers and staff.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 33-2 (Payment of Nursing Expenses, etc.)   print
(1) When a person to whom benefits have been paid under Article 33 permanently or occasionally needs nursing care due to medical causes even after the fixed medical treatment period under Article 35 (2) of the Public Officials Pension Act, the nursing expenses 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: Provided, That where a lump sum for medical care due to official duties under Article 36 of the Public Officials Pension Act has been paid, the nursing expenses, prosthetic apparatus, or allowance for prosthetic apparatus shall not be paid during the relevant period.
(2) Matters necessary for the criteria for payment, procedures, methods, etc. of nursing expenses, etc. under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 33-3 (Medical Re-treatment)   print
(1) Where there exist medical opinions that a proactive medical treatment is needed for treating the persons to whom benefits have been paid 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 35 (1) of the Public Officials Pension Act (hereafter in this Article, referred to as "re-treatment") may be provided: Provided, That where a lump sum for medical care due to official duties under Article 36 of the Public Officials Pension Act has been received, the re-treatment shall not be allowed during the relevant period.
(2) Where a person entitled to receive disability pension 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.
(3) Matters necessary for the requisites for re-treatment and procedures, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 34 (Determination of Benefits)   print
(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]
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 Article 35 (Basis for Computation of Amount of Benefits)   print
(1) The computation of the accident relief money and death condolence money from among the short-term benefits under Article 34 of the Public Officials Pension Act applied mutatis mutandis pursuant to Article 42 (1) and the long-term benefits under Article 42 of the same Act (excluding the retirement pension and the early retirement pension under Article 46 (1) and (2) of the same Act and the bereaved family pension under Article 56 (1) 1 of the same Act) shall be based upon the basic monthly income for the month which includes the day a ground for payment of benefits arises. In such cases, the basic monthly income may not exceed the amount prescribed by Presidential Decree from among the amounts of basic monthly incomes of public officials under Article 27 (1) of the Public Officials Pension Act.
(2) The retirement pension and the early retirement pension under Article 46 (1) and (2) of the Public Officials Pension Act and the bereaved family pension under Article 56 (1) 1 of the same Act, applied mutatis mutandis pursuant to Article 42 (1), shall be computed based on the average basic monthly income. In such cases, the basic monthly income may not exceed an amount computed under the latter part of Article 27 (2) of the Public Officials Pension Act.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 36 (Priority Order of Bereaved Families)   print
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]
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 Article 37 (Competition among Persons with Same Priority)   print
When there exist not less than 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]
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 Article 38 (Special Cases in Benefit Payment Where No Bereaved Families Exist)   print
(1) When the teachers and staff or the former teachers and staff die 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 lineal descendants. In such cases, if no lineal descendant exist, the KTP may use the money for the deceased, upon hearing an opinion of the head of institution operating the relevant school.
(2) Articles 36 and 37 shall be applicable mutatis mutandis to the payment of benefits to the lineal descendants under paragraph (1).
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 39 (Recovery of Benefits)   print
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]
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 Article 39-2 (Payment after Deduction of Unpaid Amounts)   print
(1) When a person who is or was a teacher or staff member fails to pay any unpaid amount under any of the following subparagraphs or other money owed to the KTP by retirement or death, the retirement benefits, the bereaved family benefits, 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 an educational institution:
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;
3. Remaining amount after calculation of the amount of payment suspension under Article 47 of the Public Officials Pension Act applied mutatis mutandis under Article 42 (1);
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 and prescribed by Presidential Decree;
6. Other moneys owed to the KTP.
(2) When a person intends to receive benefits that are pensions and such person has failed to pay money owed under paragraph (1) (excluding subparagraph 1), deductions shall be first made from the retirements benefits, bereaved family benefits other than the benefits that are pension 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.
(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 Newly Inserted by Act No. 9908, Dec. 31, 2009]
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 Article 40 (Protection of Rights)   print
Except as provided for in any of the following subparagraphs, any right to receive benefits shall not be transferred, seized or offered as security:
1. Where the right to receive benefits of the pension is offered as a security to any financial institution prescribed by Presidential Decree and where such right is subject to dispositions on default under the National Tax Collection Act;
2. Where the right to receive benefits is offered as security for money owed to the KTP.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 41 (Adjustment to Benefits under Other Acts and Subordinate Statutes)   print
(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 Acts and subordinate 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 (in cases of disability pension, the amount assigned for the compensation for disability): 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 subparagaphs:
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]
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 Article 42 (Application Mutatis Mutandis of Public Officials Pension Act)   print
(1) With respect to the matters concerning the kind of, the grounds for payment of, the amount of, and the restriction on the short-term benefit and the long-term benefit as referred to in Article 33 of this Act, the corresponding provisions of Articles 34 through 41, 41-2, 42, 43, 43-2, 44, 45, 45-2, 46, 46-2, 47 through 49, and 51 through 61, 61-2, 62 through 64 of the Public Officials Pension Act (excluding provisions relating to pensions and compensations for bereaved family of any person who was killed in the line of duty or died from injuries suffered in the line of duty) shall apply mutatis mutandis respectively. In such cases, "public officials" shall be deemed "teachers and staff", "public duty" as "duty", "medical care expenses in line of public duties" as "medical care expenses in line of duties", "lump sum for medical care due to official duties" as "lump sum for medical care due to duties", "Corporation" and "Minister of Public Administration and Security" as "KTP" respectively, " Pension for Private School Teachers and Staff Act" as " Public Officials Pension Act", "teachers and staff of private schools" as "public officials", " Article 23" as " Article 31" of this Act, " Article 24" as " Article 32" of this Act, " Articles 28 and 29" as " Articles 36 and 37" of this Act, and "contribution" as "individual contributions".
(2) The age for retirement or the upper age limit for duties under Article 46 (1) 2 of the Public Officials Pension Act which applies mutatis mutandis under paragraph (1) shall be prescribed by Presidential Decree.
(3) Notwithstanding paragraph (1), application mutatis mutandis of Article 64 (1) 1 of the Public Officials Pension Act shall be limited to 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 cases of negligence unrelated to duties and cases of negligence occurring when 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 educational institution.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 42-2 Deleted.<by Act No 5068, Dec. 29, 1995>   print
CHAPTER V BURDEN OF EXPENSES
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 Article 43 (Principle in Payment of Costs)   print
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]
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 Article 44 (Individual Contributions)   print
(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 appointed again as teachers and staff during the month of retirement, they shall again 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), those for whom the period of payment of the individual contributions exceed 33 years shall not pay the individual contributions.
(4) The amount of individual contributions as referred to in paragraph (1) shall be equivalent to 70 / 1,000 of the basic monthly income. In such cases, the basic monthly income may not exceed an amount computed under the latter part of Article 66 (2) of the Public Officials Pension Act.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 45 (Payment of Individual Contributions)   print
(1) The head of a relevant educational 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 does not receive the remuneration for the relevant month due to a cause by which he/she may not receive the whole remuneration, he/she shall pay the individual contribution to the head of the relevant educational institution within two days after the payment of remuneration: Provided, That where he/she fails to pay the individual contribution due to leave of absence, he/she shall additionally pay, for the period of the leave of absence, every month from the month following the month in which the day of his/her reappointment falls an amount equal to the individual contribution for the relevant month.
(3) The head of the relevant educational 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]
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 Article 46 (State Contributions)   print
(1) The State contributions shall be the total amount of each of the following subparagraphs:
1. The amount prescribed by Presidential Decree from among the total amount of individual contributions to be borne by the teachers under Article 44 (4);
2. An 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 (2) from 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 short-paid, the forementioned amount shall be either added or reduced when State contributions are paid during the next period.
(4) Where the over-paid or short-paid State contributions are not adjusted under paragraph (3) when State contributions are paid during the next period (including cases 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 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]
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 Article 47 (Corporation Contributions)   print
(1) The corporation contributions shall be paid by a school operations institution, and, if the school operations institution is unable to pay the total amount of the corporation contributions required for the relevant school, it may have the school pay the amount of deficiency.
(2) The amount of the corporation contributions as 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 educational 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 the whole or part of the costs other than the costs to be borne by the KTP.
(3) The necessary matters concerning the scope of the contributions needed for the payment of retirement allowances under paragraph (2) shall be prescribed by Presidential Decree.
(4) A school operations institution shall appropriate the corporation contributions as referred to in paragraph (2) in the budget of the educational institution every 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).
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 47-2 (Accumulation of Legal Liability Reserve)   print
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]
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 Article 48 (Payment of Corporation Contributions)   print
The heads of educational 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]
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 Article 48-2 (Disaster Compensation Contributions)   print
(1) The amount of the 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), (4) and 48 shall be applicable mutatis mutandis to the contributions and payment of contributions.
(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 reserves for payment of compensation for disasters accumulated under paragraph (2) shall be the medical care expenses in line of duties, lump-sum for medical care due to duties, the accident relief money, the death condolence money, the disability pension, the compensation for disability, the bereaved family pension (limited to where the person entitled to receive the disability pension has died) and the compensation for the bereaved family.
(4) The 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]
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 Article 48-3 (Contributions during Military Service Period)   print
Where military 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 preceding the retirement date or as of the time of death, and it shall be deducted from the relevant retirement benefits, the bereaved family benefits, or the retirement allowances for the bereaved family.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 49 (Contributions at Transfer of Post)   print
Where a teacher or staff member is transferred to another educational 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 educational institution where the teacher or staff member was employed prior to the transfer.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 50 (Settlement of Erroneously Paid Contributions)   print
Where there exists a 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]
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 Article 51 (Arrears)   print
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]
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 Article 52 (Compulsory Collection)   print
(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 those who were urged to pay under paragraph (1) fail to pay the contributions or the money to be returned within the deadline, the KTP may directly collect in the same manner as delinquent national taxes are collected, upon approval from the Minister of Education, Science and Technology.
(4) Where the KTP collects contributions or recovers benefits under paragraph (1), the KTP may, where there exist reasons falling under any of the following subparagraphs, make a disposal of deficit: Provided, That in cases under subparagraphs 1 and 3, if it finds an 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 officers and staff of the KTP who collect arrears under paragraph (3) shall be considered to be 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]
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 Article 52-2 (Transfer of Pensions)   print
(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 Veterans' 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 bereaved family pension (including the amount receivable under Article 38, the additional money to bereaved family 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 Veterans' Pension Act. In such cases, the computing method, transfer period, etc. of the transferred amount shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 53 (Request for Examination)   print
(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
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 Article 53-2 (Establishment and Raising of Pension Fund for Private School Teachers and Staff)   print
(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]
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 Article 53-3 (Management and Operation of Fund)   print
(1) The Fund shall be managed and operated by the KTP.
(2) The Fund shall be operated in a manner falling under any of the following subparagraphs:
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, Science and Technology, as prescribed by its articles of incorporation.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 53-4 (Pension Steering Committee for Private School Teachers and Staff)   print
(1) The Pension Steering Committee for Private School Teachers and Staff (hereinafter referred to as the "Pension Steering Committee") shall be established 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 which are 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 not less than 15 but not more than 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 those who are appointed or commissioned by the Minister of Education, Science and Technology from among those falling under any of the following subparagraphs:
1. Public officials belonging to the central administrative agencies relevant to the Fund;
2. 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;
6. Persons belonging to the non-profit, non-governmental organizations under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
7. Persons having abundant knowledge and experiences in the Pension for Private School Teachers and Staff.
(4) Necessary matters 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]
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 Article 53-5 (Borrowings from Fund and Appropriation for Transfer-In)   print
(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]
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 Article 53-6 (Principle of Accounting)   print
The Fund shall be dealt with by the corporate accounting principles.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 53-7 (Support by State)   print
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
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 Article 54 (Period of Prescription)   print
(1) The right to receive the short-term 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 the long-term benefit shall be extinguished within five years.
(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]
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 Article 55 (Period of Effectuation)   print
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]
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 Article 56 (Rounding of Last Digit)   print
The rounding of the last digit in the collection of contributions and the payment of benefits shall be subject to the Management of the National Funds Act.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 57 (Confirmation by Head of School Operations Institution)   print
(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]
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 Article 58 (Responsibility of Head of Educational Institutions)   print
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]
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 Article 59 (Special Cases in Wartime or Domestic Incidents)   print
Where the costs required for benefits exceed, owing to wars or domestic incidents, the individual contributions, State contributions, corporation contributions, disaster compensation contributions, and the earnings derived from the operation of the relevant year, the KTP may temporarily postpone the payment of benefits with an approval from the Minister of Education, Science and Technology.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 60 (National Subsidies)   print
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]
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 Article 60-2 (Business Cooperation by Competent Administration)   print
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]
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 Article 60-3 (Entrustment of National Project)   print
(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) The expenses necessary for the entrusted projects as referred to in paragraph (1) shall be borne by the State.
(3) The management methods for the entrusted projects as referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Education, Science and Technology following the consultation with the agencies concerned.
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 60-4 (Special Cases concerning Scope of Application)   print
(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 Veterans' Pension Act) of any research institution (hereinafter referred to as "research institution") designated by the Minister of Education, Science and Technology, 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 regarded as the teachers and staff under Article 2 (1) 1 (hereinafter referred to as "teachers and staff" in this Article), and the research institution as a school operations institution under Article 2 (1) 6 (hereinafter referred to as "school operations institution" in this Article).
(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, Science and Technology. In such cases, the teachers and staff shall be deemed as the teachers and staff and a person who establishes and operates the school-type lifelong educational facilities or a juristic person which establishes the distance college-type lifelong educational facilities shall be deemed as a school operations institution.
(3) Notwithstanding Article 3, this Act shall apply to the officers and staff of the KTP established under this Act. In this case, the officers and staff of the KTP shall be deemed as the clerical personnel under Article 2 (1) 1, and the KTP shall be deemed as the school operations institution.
(4) With regard to paragraphs (1) through (3), the following matters shall be prescribed by the Minister of Education, Science and Technology:
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. Matters necessary for the application of this Act as the officers and staff of the KTP under paragraph (3).
[This Article Wholly Amended by Act No. 9908, Dec. 31, 2009]
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 Article 61 Deleted.<by Act No. 6124, Jan. 12, 2000>   print
CHAPTER VIII PENAL PROVISIONS
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 Article 62 (Fines for Negligence)   print
(1) An officer or staff member of the KTP who evades, interferes with or refuses the inspection as referred to in Article 30, or who makes a false report, shall be punished by a fine for negligence not exceeding one million won.
(2) A person who fails to make any report, who makes a false report, or who interferes with or evades the inspection, in violation of Article 19 (1), shall be punished by a fine for negligence not exceeding three hundred thousand won.
(3) The fine for negligence pursuant to paragraphs (1) and (2) shall be imposed and collected by the Minister of Education, Science and Technology.
[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.
[This shall lose its validity until December 31, 1974 under subparagraph 3 of the Presidential Emergency Measure for the Stability of the National Life]
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.
[This Article Wholly Amended by Act No. 2737, Dec. 26, 1974]
Article 3 Deleted.
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 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 Personnel) The clerical personnel who are on duty on January 1, 1978 shall be considered to have been appointed at the time of the enforcement of this Act, 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 the Presidential Decree among the amended provisions of Article 2 (1) 4 shall enter into force from July 1, 1980.
Article 2 (Inclusion, etc. of Retroactive Period of Service)
(1) For the members of the teachers and staff who began to work continuously for the educational institution (including the different school which has the same institution managing the school) where he works at the time of the enforcement of this Act before December 31, 1974 (in case of a clerical personnel, December 31, 1977), if they pay the contributions to be paid by an individual and the contributions to be paid by a juristic person retroactively for the period from December 4, 1961 through December 31, 1974 (in case of a clerical personnel, December 31, 1977), the period for which they paid retroactively may be included in the period of service.
(2) Those who pay or intend to pay the retractive contributions may pay at once the allowances to be paid by an individual (if he is dead, the contributions to be paid by an individual which is born by his bereaved family) and the contributions to be paid by a juristic person for the period of service which is included retroactively according to the way determined by the Presidential Decree: Provided, That in the case where he was retired or dies, the deduction of the amount of the contributions to be paid by an individual which should be paid from the amount of retirement allowance or the allowances for the bereaved family shall be made, and by receiving the deducted amount, they shall not pay the contributions.
Article 3 (Adjustment of Relevant Articles)
Article 3 of the Addenda of the Private School Teachers' Pension Act No. 2650, 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 the retroactive contributions, which is paid under the Addenda to be abolished shall be considered to the 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 for Special School)
The teachers and staff who hold his office in the school for the handicapped students or in the institution managing such a school at the time of the enforcement of this Act shall be considered to be appointed at the time of the enforcement of this Act, notwithstanding the provisions of Article 31: Provided, That the teachers and staff, who hold his office in the school for handicapped students and the institution managing such a school designated as the educational institution to be subject to this Act under the previous subparagraph 2 of Article 3 before the enforcement of this Act, shall be considered to have been appointed at the time of the designation.
Article 3 (Retroactive Inclusion of Period of Service of Teachers and Staff for School)
(1) In the case where the teachers and staff for handicapped students and an institution managing such a school as referred to in the provisions of 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 previous to the enforcement date of this Act (in case of the teachers and staff falling under the proviso of Article 2 of the Addenda, the day previous to the day when it 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 in case that 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 those 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 Penal Provisions)
The application of the penal 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.
(2) (Transitional Measures concerning Deduction of Reserve for Insurance Premium) Those who received lump-sum allowance for retirement under the provisions of Article 46 (1) of the Public Officials Pension Act which applies under the provisions of Article 42 before the enforcement of this Act, if they want to be the receiver of the insurance money under the provisions of the Act on the Medical Insurance for Public Officials and Private School Teachers and Staff as the receiver of the pension, shall pay the reserve for the insurance premium under the provisions of Article 42-2 to the Foundation according to the Presidential Decree.
(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 the 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 those 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 Examples in Application of this Act to those who were Re-Appointed as Faculty on Day of Retirement or on its Following Day)
In case where those 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 (Example of Application 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 when 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 when 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 when 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 Acts and subordinate statutes at the time when this Act enters into force, the Korea Teachers Pension Foundation shall be deemed to be cited instead.
(5) At the time when 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 when 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 (Application Examples for Term of Office of Auditor)
The amended provisons of Article 11 shall apply to any auditor who is in active service at or from the time when this Act enters into force.
Article 4 (Application Examples for Request Period of Review)
The application of amended provisons 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 Acts and Subordinate 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 Acts and subordinate 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 amendments to 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 amended provisions pursuant to the amended Public Officials Pension Act, No. 6328, Dec. 30, 2000) shall enter into force on January 1, 2002, and Article 47 of the same Act (referring to the amended provisions pursuant to the amended Public Officials Pension Act, No. 6328, December 30, 2000) on the day as 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 Example concerning Inclusion of Period in Office)
From among those 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 pursuant to the amended Public Officials Pension Act, No. 6328, December 30, 2000), 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 when 2 years elapse after the enforcement of this Act. <Amended by Act No. 6862, Mar. 12, 2003>
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 pursuant to the amended 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) The retirement pension 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, shall be paid from the time when they reach the relevant age determined by retirement year falling under any of the following subparagraphs (referring to the year which includes the day preceding the day of retirement, or the year which includes the day 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 amended 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 as 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; and
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 the provisions of 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 the provisions of Article 42 (1) shall be applied on January 1, 2003.
(2) (Transitional Measures concerning Adjustment of Pension Amount) Notwithstanding the adjustment made in accordance with the provisions of 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 the provisions of Article 42 (1), in case there is a reversal in the payment of pension amount between any low-ranking post and any high-ranking post with the same tenure of office, such reversal shall be corrected through separate compensation: Provided, That in the case of any teacher and staff who has held neither a post nor a low-ranking post, he shall be compensated according to the example of any public official who has held a post.
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 Example 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 personnel of the research institution, the teachers and clerical personnel 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 personnel 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) (Applicable Example 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) (Application Example) 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. 7347, Jan. 27, 2005>
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: Provided, That Article 64 of the Public Officials Pension Act applied mutatis mutandis under Article 42 (1) and the amended provisions of Article 42 (3) of this Act shall apply beginning on January 1, 2009.
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 calculation of 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 calculated again 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 employed 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 a ratio under any of the following subparagraphs for a relevant year:
1. Year 2010: 63/1,000;
2. Year 2011: 67/1,000.
Article 4 (Transitional Measures concerning Payment of Benefits and Calculation of Contributions)
(1) Payment of benefits for which a ground for payment of benefits arises before this Act enters into force shall be governed by previous provisions: Provided, That the amended provisions of Article 47 (2) of the Public Officials Pension Act applied mutatis mutandis under the amended provisions of Article 42 (1) shall apply to a person for whom a ground for payment of benefits arises before this Act enters into force, and the amended provisions of Article 64 of the Public Officials Pensions Act applied mutatis mutandis under the amended provisions of Article 42 (1) and the amended provisions of Article 42 (3) of this Act shall apply to the payment of retirement pensions and early retirement pensions received by recipients of retirement pensions and early retirement pensions after January 1, 2009 and to the payment of retirement benefits and retirement allowances for which a ground for payment of benefits occurs after January 1, 2009.
(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 previous provisions.
(3) Where a teacher of staff member employed at the time this Act enters into force pays contributions for the period of service retroactively added before this Act enters into force, 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), the period of service shall be included in the previous period of service under Article 2.
(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 previous 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 provided for in any of the following subparagraphs:
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 three percent point or more, 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 Penal Provisions)
Notwithstanding the amended provisions of Article 15, the previous Article 15 shall apply where penal 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 previous 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 previous provisions.
Article 8 (Transitional Measures concerning Payment of Bereaved Family Pensions)
Notwithstanding Article 49 (2) and (4) of the Public Officials Pension Act applied mutatis mutandis under the amended provisions of Article 42 (1) and the amended provisions of Article 57 (1) 1 , where a teacher or staff member employed since before this Act enters into force or a former teacher or staff member who retires before this Act enters into force dies or is missing, the amount of retirement pension, early retirement pension, or bereaved family pension shall be an amount equivalent to 70/100 of the amount of retirement pension, early retirement pension, or bereaved family pension which a currently employed or former teacher or staff member would have received.
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 under 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.