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大法官解釋表頭

(釋字第 111 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.111 
Date 1966/1/5
Issue To what extent may the Interpretation Yuan-je Tze No. 3827 restricting the application of the Public Functionary Retirement Act to voluntary and/or involuntary retirement apply?
Holding   This Yuan's Interpretation Yuan-je Tze No. 3827 only applies to the voluntary and/or involuntary retirement of a public functionary that occurred during the operative period of the Public Functionary Retirement Act promulgated in 1943.
Reasoning   This Yuan's Interpretation Yuan-je Tze No. 3827 seeks to interpret the meaning of "retirement" in Article 11 of the Public Functionary Retirement Act promulgated in 1943. Though there may be further amendment to the Act, the interpretation only applies to the voluntary and/or involuntary retirement of a public functionary that occurred during the operative period of the Act. A person who has retired, whether voluntarily or involuntarily, during the operative period of the Act is entitled to claim pension. However, those who resigned or were dismissed or retrenched cannot make a claim after five years from the next calendar month following the act of resignation, dismissal or retrenchment.

Translated by Wei-Feng Huang.
Opinion Chinese only
 

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