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法規名稱(Title) Act Governing the Voluntary Retirement of the First-Term Senior Congressperson Ch
公發布日(Date) 1989.02.03
法規沿革(Legislative) The full text of seventeen Articles promulgated by Presidential Decree (78) Hua-Tzong-(1)-Yi-Zi No. 0645 on February 3, 1989
法規內文(Content)

 

Article 1

 

The voluntary retirement of the First-Term Senior Congressperson shall be governed by this Act.

Article 2

 

 

The “First-Term Senior Congressperson” herein is referred to as follows:

1. Members of the National Assembly, the Legislative Yuan and the Control Yuan elected in 1947.

2. Members of the National Assembly and the Legislative Yuan and the Control Yuan co-opted and by-elected in 1969.

3. Members substituted in the National Assembly and the Legislative Yuan in accordance with the law.

Article 3

 

Persons specified in the preceding Article may apply for voluntary retirement to the respective representative bodies.

Article 4

 

 

Persons specified in Article 2 with following conditions shall be deemed as voluntary retirement:

1. Unable to perform duties for one year or more due to serious illness.

2. Non-work related residence abroad for more than half a year.

 

The retirement process for persons deemed as in voluntary retirement as specified in the preceding Paragraphs who do not apply for retirement within six months starting from the next month after being notified by the respective representative bodies shall be conducted by the respective representative bodies.

Article 5

 

 

Termination pension paid to retired persons of this Act are as follows:

1. A lump sum termination pension to those who have served less than fifteen years.

2. A person who has served for over fifteen years may collect his/her pension in any of the following ways:

(1) Lump sum termination pension;

(2) Monthly termination pension;

(3) One half of the lump-sum termination pension and one half of the monthly termination pension;

 

The termination pension of the members of Legislative Yuan and Control Yuan in the preceding paragraph should be calculated using the research fee and money in lieu of kind of his/her last employed month as the radix, while to members of the National Assembly it shall use the research fee and money in lieu of kind of his/her last employed month as the radix. One radix will be offered for a full half-year service. Service less than half a year is counted as half a year. The maximum radix is limited to sixty-one.

 

The monthly termination pension, besides full payment of money in lieu of kind, for members of Legislative and Control Yuan who have served for more than fifteen years will be paid based on his/her annual pay, while members of the National Assembly will be paid in accordance with seventy five percent of his/her research fee. Every subsequent year will earn an extra one percent pay, to a limit of ninety percent.

 

The lump-sum and monthly termination pension stipulated in Paragraph 1, sub-Paragraph 2, term 3 shall be calculated in proportion. 

Article 6

 

 

One who has retired in accordance with this act, whose seniority of working as military and civil servants may be jointly calculated.
 

The seniority combination specified in the preceding paragraph shall be limited to persons who have not received pension or termination pension, separation pay, severance pay, discharge pay or pension payment with non-receipt certifications issued by the original service agencies.

 

While Constitution members of National Assembly term of office, and also employed as military and civil servants, the co-opetition seniority should choose one to calculate and apply for resignation, retirement or discharge.

Article 7

 

 

One who have received his/her pension in accordance with this act is not required to return the previous termination pension received in the event of reemployment as congressperson or military and civil servants, but the seniorities before previous retirement shall not be calculated in the second retirement of subsequent resignation, retirement or discharge.

 

The termination pension seniority combined with previous seniority for persons having received pension and termination pension, separation pay, severance pay, discharge pay or pension payments shall not exceed the highest standard stipulated in Article 5, Paragraph 2, and extra pay will not be paid to those seniority calculation has reached the maximum, or be compensated according to their seniority.

 

It is not necessary to escheat pensions paid to members of the National Assembly for their seniorities in military and civil servants when they apply for retirement in accordance with the requirements of this Act. Their termination pension shall be calculated on the basis of actual seniority in serving as congress persons.   

Article 8

 

The termination pension shall be issued by the respective representative bodies.

Article 9

 

The monthly termination pension will be issued from the next month of retirement.

Article 10

 

Funds of termination pension shall be budgeted for by the respective representative bodies.

Article 11

 

 

The application for termination pension shall submit Table of facts of termination pension given in duplicate and attach relevant supporting documents. 

The Table of facts of termination pension specified in the preceding paragraph shall include the following information:

1. Name, gender, place of origin, date of birth, identity card number, and domicile and residence.

2. Service agency, position, amount of monthly payment or research fees or money in lieu of kind, date of retirement, previous posts and seniority before retirement, seniority accounted and titles of relevant supporting documents. 

3. Reasons for retirement.

4. Selected means of termination pension.

5. Date of termination pension application.

Article 12

 

 

Persons shall be deprived of the right to claim termination pension for any of the following conditions:

1. Death;

2. Deprivation of civil rights for life

3. Being convicted of offenses against domestic disturbance or treason

4. Loss of citizenship of the Republic of China

Article 13

 

 

Persons whose right to claim monthly termination pension has been suspended shall be reinstated in the event any of the following conditions ceases to exist:

1. Deprivation of civil rights remains.

2. Being reemployed as a public servant.

Article 14

 

 

The right to claim the termination pension shall be revoked after three years commencing from the month following retirement. In the event of force majeure and such right cannot be exercised, the statute of limitations shall commence at the time when it again becomes exercisable.

Article 15

 

 

When a person who receives monthly termination pension in accordance with the regulations of Article 5, Paragraph 1, sub-Paragraph 2, items 2 and 3 dies, an additional Relief Payment shall be given to his/her dependent.

 

The Relief Payment in the preceding paragraph shall be calculated based on the assessed seniority at retirement and the annual salary or research fee and when death occurs in compliance with regulations of Article 5, Paragraph 4 to determine the lump sum termination pension amount receivable, the balance of which deducting, the claimed monthly termination pension plus Relief Payment equal to the annual base salary or research fee shall be given, likewise in the event that the balance is zero.

 

In the event of person who receives monthly termination pension dies with no bereaved family or without earmarking the will, the relief payment shall be claimed by the respective representative bodies for funeral expenses or commemorative activity use.

Article 16

 

The right to claim the termination pension shall not be seized, conveyed, or pledged.

Article 17

 

This Act shall become effective on the date of promulgation.