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Title: Regulations Governing Personnel Management of the Central Bank of the Republic of China (Taiwan) CH
Amended Date: 2018-11-01
Category: Central Bank of the Republic of China (Taiwan)(中央銀行)
Chapter 1 General Provisions
Article 1
These Regulations are prescribed pursuant to Article 11-1 of the Central Bank of the Republic of China (Taiwan) Act (referred to as "this Act" hereunder).
Article 2
Except for the appointment, removal, remuneration, retirement, and indemnity of the Governor and Deputy Governors for which this Act and other laws provide otherwise, the personnel management of the Central Bank of the Republic of China (Taiwan) (referred to as the "Bank" hereunder) shall be governed by these Regulations. Matters not specified in these Regulations shall be governed by applicable civil service laws and regulations.
Article 3
The term "Bank personnel" used in these Regulations refers to the Bank Governor, Deputy Governors and the following people:
1. Bank officers: Persons appointed by the Bank in accordance with this Act, these Regulations and other applicable laws and regulations.
2. Contract-based employees: Professional or technical personnel contracted by the Bank in accordance with these Regulations.
3. Stationed police officers: Stationed police officers appointed by the Bank in accordance with the Regulations Governing Establishment and Management of Police Officers Stationed at Various Institutions, Schools and Organizations.
4. Bank workers: Manual workers and technical workers (including chauffeurs) hired by the Bank.
Article 4
Except for the positions of Governor, Deputy Governors and Directors General, other positions of the Bank are divided into 15 levels, from Grade 1 and Grade 15, with Grade 15 being the highest level. Positions at or above Grade 5 are regarded as Bank officers and positions at or below Grade 4 are regarded as Bank workers.
The positions of Directors General are comparable to the general managers of state-owned financial enterprises that are not assigned any Grade.
Article 5
The Bank shall establish a Personnel Performance Review Board to review matters pertaining to annual promotion, performance rating and other important personnel management affairs. At least one third of the Review Board members shall be elected by ballot from among Bank officers not in managerial positions. Matters regarding the working of the Review Board shall be prescribed by the Bank.
Chapter 2 Appointment, Dismissal, Promotion and Transfer
Article 6
Except for the heads of the Bank's Departments, Offices and Representative Offices whose appointments will be specified in this Act and other applicable laws and regulations, the appointments of Bank officers shall be carried out by the Bank in accordance with these Regulations.
Article 7
Bank officers shall be recruited in any of the following manners:
1. Applying for the assignment of qualifiers of civil service examinations;
2. Selection of suitable candidates; or
3. Transfers of designated personnel from other government agencies (institutions).
Article 8
The appointments of new officers of the Bank shall follow the provisions below:
1. For officers recruited under Subparagraph 1 of the preceding Article:
(1) Qualifiers of Level 1 Senior Civil Service Examinations or Grade 1 Special Examinations obtain Grade 12 appointment qualifications.
(2) Qualifiers of Level 2 Senior Civil Service Examinations or Grade 2 Special Examinations obtain Grade 9 appointment qualifications.
(3) Qualifiers of Level 3 Senior Civil Service Examinations or Grade 3 Special Examinations obtain Grade 8 appointment qualifications.
(4) Qualifiers of Junior Civil Service Examinations or Grade 4 Special Examinations obtain Grade 7 appointment qualifications.
(5) Qualifiers of Elementary Civil Service Examinations or Grade 5 Special Examinations obtain Grade 6 appointment qualifications.
2. For officers recruited under Subparagraph 2 of the preceding Article:
(1) Officers recruited as qualifiers of Level A Special Examinations prior to the promulgation of the amended Civil Service Examination Act on January 17, 1996 obtain Grade 13 appointment qualifications.
(2) Qualifiers of Level 1 Senior Civil Service Examinations or examinations of comparable level obtain Grade 12 appointment qualifications.
(3) Officers recruited with a Ph.D. degree obtain Grade 11 appointment qualifications.
(4) Officers recruited as qualifiers of Level 2 Senior Civil Service Examinations, or examinations of comparable level or Level 1 Senior Civil Service Examinations prior to the promulgation of the amended Civil Service Examination Act on January 17, 1996 obtain Grade 9 appointment qualifications.
(5) Officers recruited with master degrees or qualifiers of Level 3 Senior Civil Service Examinations, examinations of comparable level or Level 2 Senior Civil Service Examination prior to the promulgation of the amended Civil Service Examination Act on January 17, 1996 obtain Grade 8 appointment qualifications.
New officers described in the preceding Paragraph who fail to pass performance rating at the end of the training (probationary) period will not be appointed.
New officers described in Paragraph 1 receive the first pay rate for their assigned Grade during the training (probationary) period. Matters regarding the appointment and pay of new officers will be prescribed by the Bank.
Article 9
A person having any of the following circumstances may not be appointed as a Bank officer:
1. Not having or having relinquished the Republic of China citizenship.
2. Dual citizenship; citizen of the Republic of China with the citizenship of another sovereign state at the same time, except stipulated otherwise by other laws.
3. After the end of the period of mobilization for the suppression of the communist rebellion, having been found guilty of civil disturbance or treason with final judgment rendered, or being wanted for arrest and the case is not yet closed.
4. While in civil service, having been found guilty of corruption- related offences with final judgment rendered, or being wanted for arrest and the case is not yet closed.
5. Being served a sentence of imprisonment for crimes other than those specified in the above two Subparagraphs with final judgment rendered and the sentence not yet being executed or before the end of execution, except where probation has been pronounced.
6. Not eligible for appointment or being terminated from appointment pursuant to civil service laws.
7. Civil rights being deprived and not yet been restored.
8. Having passed the Civil Service Special Examinations for the Indigenous Peoples but not having or having forfeited the status of indigenous peoples.
9. Being subject to the order of commencement of guardianship or assistance and not yet revoked.
A Bank officer having any of the circumstances described in Subparagraphs 1 through 8 of the preceding Paragraph following his/her appointment, shall be discharged from appointment; a Bank officer having any of the circumstances described in Subparagraph 9 of the preceding Paragraph, shall be subject to retirement or severance according to these Regulations. A Bank officer who, subsequent to appointment, is found to have any of the circumstances described in the Subparagraphs of the preceding Paragraph shall have his/her appointment revoked.
For a Bank officer whose appointment is revoked as described in the preceding Paragraph, his/her conduct associated with his/her job over the course of employment remains in effect; the Bank will not seek the return of pay and other compensations already paid according to these Regulations. However if the Bank officer whose appointment is revoked pursuant to Subparagraph 2 of Paragraph 1 hereof, the Bank will seek the return of pay and other compensations from the officer.
Article 10
A Bank officer who meets the following basic requirements is eligible for promotion:
1.Seniority: The officer shall meet the minimum years of service required for the current position (grade) according to the list of promotion order. Notwithstanding the foregoing, one more year shall be added to the required minimum years of service for an officer without a college degree or higher or who is not a qualifier of Senior Civil Service Examinations or comparable examinations.
2.Performance rating: The officer has received at least one Grade A and two Grade Bs in his/her annual performance rating at his/her current grade in the past three years, or received two Grade As in the annual performance rating at his/her current grade in the past two years.
A Bank officer having any of the following circumstances shall not get promotion:
1. Having been served a sentence of an imprisonment with final judgment rendered for an offense with criminal intent within the past three years, except where probation has been announced.
2. Having been dismissed, suspended, or demoted in accordance with the Civil Service Discipline Act or having been dismissed in accordance with these Regulations within the past two years.
3. Having been subject to a pay reduction or recorded an official demerit in accordance with the Civil Service Discipline Act within the past year.
4. Having been given a performance rating of Grade C, or having accumulated one major demerit or more within the past year. However, merits received by the same officer shall not be applied to offset such demerits.
5. Having been approved for leave with full pay to undertake full-time training or advanced studies for more than six months in duration, and while still in the training or advanced study period.
6. Having been approved for leave without pay, and while still in such period. This provision does not apply to an officer who is ordered in conjunction with government policy or official requirements to work abroad to assist an ally or is deployed on assignment to another agency, state-owned or private enterprise, or foundation, with approval for an unpaid leave therefor.
7. Having been suspended according to law, or on an approved extended sick leave.
A Bank officer who has outstanding performance at work or possesses special work 3 experience or knowledge needed by the Bank and is free of any of the circumstances set out in the Subparagraphs of the preceding Paragraph may be promoted under special circumstances without being subject to the restrictions set out in the Subparagraphs of Paragraph 1 hereof.
Matters regarding the promotion, transfer and the list of promotion order of Bank officers shall be prescribed by the Bank.
Chapter 3 Remuneration, Bonus and Benefits
Article 11
The Bank adopts a payroll system. Except for the Governor, Deputy Governors and Directors General, the remuneration of Bank personnel is determined based on a point-based pay rate system as provided in the table attached hereto.
The remuneration of Directors General is comparable to the remuneration scale for the general managers of state-owned financial enterprises.
Article 12
When preparing the annual payroll expense budget, the Bank shall consider its operating goals, budget surplus, operating income, payroll expense affordability and policy-related profits (loss). Except for the policy reason of achieving the objectives of Bank operations set forth in Article 2 of the Act, the Bank’s annual payroll expense in principle shall not exceed the average ratio of payroll expense to operating income in the past three years (the final accounts two and three years before and the budget in the previous year).
The Bank shall set its annual payroll expense ratio and payroll expense limit in accordance with the provisions in the preceding paragraph and submit same to the Bank's Board of Directors for approval.
Article 13
Except for the remuneration of the Governor for which the Bank will report to the Executive Yuan for approval, the standard for the remuneration of Bank personnel shall be set out by the Bank in consideration of the Bank’s operational objectives, nature of business, and affordability and in reference to the general pay levels and adjustment range of civil servants and according to job positions, subject to the approval of the Governor. Where the Bank incurs operating loss, there shall be no pay increase for Bank personnel, except for policy reasons.
Except for the Bank personnel who are assigned to station abroad, the remuneration of any Bank personnel shall not be higher than that of the Governor.
Article 14
The Bank may set out rules for additional remuneration for Bank personnel within the payroll expense limit approved for the year in view of the hazardous and exceptional/unusual environments of the region at where the personnel work and the nature of the job, subject to the approval of the Governor.
Article 15
Except for the Governor, Deputy Governors and Directors General, no other Bank personnel may be provided with free housing or transportation vehicles.
Article 16
The Bank should endeavor to cut its payroll expense and keep such expense within the approved limit. The Bank may pay its personnel performance rating bonus up to two months of total salary based on the results of the annual work performance evaluation. In addition, the Bank may, in view of its operating performance and contribution of individual personnel, pay its personnel performance bonus up to two point four (2.4) months of total salary out of the total profits of the Bank (profits according to the final account settlement plus (minus) policy factors) that has been attained with reference to the performance of Bank personnel. The cap on the number of months of salary for performance bonus may be raised when the Bank is rated excellent in performance assessment conducted by the Executive Yuan.
Performance rating bonus and performance bonus mentioned in the preceding Paragraph are collectively called "operation performance bonus". Matters regarding operation performance bonus will be prescribed by the Bank.
Article 17
When conducting the year-end accreditation of the fiscal report, the Bank may not decrease the amount of annual legal budget surplus or profits to be paid to the Treasury, except for policy reasons. Where the Bank’s operating income and profits exceed the legal budget that could be definitively attributed to the efforts of the Bank personnel, the Bank may determine the actual payroll expense limit based on the approved payroll expense ratio for the year; where the operating income and profits do not reach the legal budget, the actual payroll expense shall not exceed the legal budget.
Article 18
The Bank shall appropriate employee welfare funds for handling employee welfare in accordance with the Employee Welfare Fund Act.
Chapter 4 Performance Rating, Incentives and Discipline
Article 19
The performance rating of Bank officers shall be classified as follows:
1. Annual rating: Year-end evaluation to assess the work performance of Bank officers during the employment period from January through December.
2. Additional rating: Performance evaluation conducted on Bank officers who have been employed for six consecutive months but less than one full year during the year of evaluation.
3. Special rating: Performance evaluation conducted at any given time on Bank officers with particularly outstanding or poor performance.
The "employment period" referred to in the preceding Paragraph commences from the date of formal appointment (employment) at the end of the training (probationary) period.
Article 20
Annual rating and additional rating shall be based on routine performance evaluations. Routine evaluations shall be based on nature of work, integrity, knowledge, and ability.
Criteria for evaluation described in the preceding paragraph shall be set out by the Bank.
Article 21
The highest score given in annual rating and additional rating is 100 points. The scores for grades A, B, C, and D are as follow:
1. Grade A: 80 points or above.
2. Grade B: higher than 70 but less than 80.
3. Grade C: higher than 60 but less than 70.
4. Grade D: lower than 60.
The requirements for Bank officers to receive a grade of A shall be prescribed by the Bank.
Bank officers who have any of the following circumstances during the year of evaluation may not receive a grade of A:
1. Having been subject to criminal or disciplinary sanction.
2. Having his/her eligibility to take a civil service related examination withheld.
3. Having accumulated a demerit or more after offsetting the incentives and discipline received in routine evaluations.
4. Having had absence without leave for one day or cumulatively for two days.
5. Having combined personal leave and sick leave for 14 days; the calculation of combined personal leave and sick leave should exclude the days of home leave and menstrual leave.
6. Having a bad attitude in the performance of duty that undermines the Bank's reputation as substantiated by solid evidence.
Unless otherwise stipulated in these Regulations, Bank officers to whom none of the following conditions apply during the year of evaluation shall not receive a grade of D:
1. Sowing dissention or lodging false accusations against others with tangible evidence of serious violation with efforts of advice and guidance unsuccessful.
2. Not following instructions or transgressing discipline with tangible evidence of serious violation with efforts of advice and guidance unsuccessful.
3. Being derelict in duties or delaying progress of work that results in negative consequences with tangible evidence of such transgressions.
4. Being guilty of unbecoming conduct or violating related legal prohibitions causing serious harm to the reputation of civil servants with tangible evidence of such transgressions.
Article 22
Incentives and discipline in connection with the results of annual ratings shall be administered in accordance with the following provisions:
1. Grade A: Pay rate promotion of one level and a lump-sum performance rating bonus equal to one month salary; Bank officers who have reached the highest attainable pay rate for their positions will receive one additional month salary.
2. Grade B: Pay rate promotion of one level and a lump-sum performance rating bonus equal to one-half month salary; Bank officers who have reached the highest attainable pay rate for their positions will receive one additional month salary.
3. Grade C: Remaining at existing pay rate.
4. Grade D: Dismissal from employment.
Article 23
Incentives and discipline in connection with the results of additional ratings shall be administered in accordance with the following provisions:
1. Grade A: A lump-sum performance rating bonus equal to one month salary.
2. Grade B: A lump-sum performance rating bonus equal to one-half month salary.
3. Grade C: No reward or penalty administered.
4. Grade D: Dismissal from employment.
Article 24
Bank officers who should receive a pay rate promotion following an annual rating but have already received pay rate promotion or Grade promotion according to these Regulations during the year of evaluation are not eligible for further promotion when given a Grade B rating or higher. However, special ratings are not subject to this restriction.
Article 25
For incentives and discipline in connection with the results of routine evaluations, incentives administered include commendations, merits, and major merits; discipline administered includes warnings, demerits, and major demerits. Three commendations shall be combined into one merit and three merits shall be combined into one major merit, whereas three warnings shall be combined into one demerit and three demerits shall be combined into one major demerit. Incentives and discipline received in routine evaluations during the same year may be offset against each other. Bank officers accumulating two major demerits that are not offset by incentives shall receive an annual rating of Grade D.
The standards for the incentives and discipline mentioned in the preceding Paragraph shall be prescribed by the Bank.
Article 26
Bank officers who are recorded two major merits in one special rating will receive a pay rate promotion of one level and a lump-sum performance rating bonus equal to one month salary; Bank officers who have reached the highest pay rate for their positions will receive a lump-sum work bonus equal to two months salary. However Bank officers who are recorded additionally two major merits in the other special rating conducted in the same year will not receive a pay rate promotion but a lump-sum performance rating bonus equal to two months salary. Bank officers who are recorded two major demerits in one special rating should be dismissed from employment. Merits and demerits recorded in special ratings may not be offset against those recorded in routine evaluations.
Bank officers having any of the following circumstances and making a major contribution should be recorded two major merits at one time:
1. Improvement measures proposed for deficiencies are adopted by the Bank and show tangible and significant results.
2. A comprehensive system or major and concrete reform plans established or proposed for the business in charge of by the Bank officer are adopted by the Bank and show significant results.
3. Reporting serious illegal activities thereby making outstanding contributions to upholding national security, social order or ethics in public administration.
4. Timely averting the occurrence of a major accident or incident, or after a major accident or incident has occurred, taking appropriate actions to effectively control the accident or incident and making outstanding contributions to preserving lives and/or properties or minimizing damage or loss.
5. When handling major cases, holding his/her position without succumbing to the lure of gains or abusive power for the honor of the country or the Bank as substantiated by solid evidences.
6. Developing inventions and creations on the job that generate significant economic benefits for the country or greatly enhance public interest without receiving any remuneration or cash prize therefor.
7. Organizing or participating in an international or major national level event or meeting and making outstanding contribution to boosting national coffers, increasing economic output, promoting diplomatic ties with other countries or bringing about the conclusion of an international cooperation agreement.
The circumstances described under the subparagraphs of the preceding paragraph exclude Bank’s routine and recurring business matters that a Bank officer is in charge of.
Bank officers may not be penalized with two major demerits at one time unless they have any of the following circumstances:
1. Conspiring to commit treason with tangible evidence of such transgressions.
2. Failing to effectively execute national policy, or derelict in duties, or disclosing confidential professional information that results in serious damage to the government with tangible evidence of such transgressions.
3. Contravening major government decrees, or causing serious damage to the government's reputation with tangible evidence of such transgressions.
4. Implicated in corruption cases and held responsible in terms of major administrative accountability with tangible evidence of such transgressions.
5. Seeking to reap illicit gains or exhibiting indiscreet speech or conduct which results in serious damage to the reputation of the government or civil service with tangible evidence of such transgressions.
6. Intimidating, publicly humiliating, or lodging groundless accusations against a superior with tangible evidence of serious transgressions.
7. Sowing dissention or disrupting order with tangible evidence of serious transgressions.
8. Having absence without leave for four consecutive days or cumulatively for ten days in one year.
Article 27
The relationship between the grade received by the Bank in the annual performance assessment conducted by Executive Yuan and the percentage of Bank personnel receiving a grade of A in annual evaluation shall comply with the following provisions:
1. Grade A: No more than 75% of Bank personnel under evaluation may receive a grade of A.
2. Grade B: No more than 65% of Bank personnel under evaluation may receive a grade of A.
3. Grade C: No more than 45% of Bank personnel under evaluation may receive a grade of A.
4. Grade D: No more than 35% of Bank personnel under evaluation may receive a grade of A.
Article 28
The Bank may evaluate the performance of each of its departments and offices on operations and management, and approve the number of personnel under each unit that may receive a grade of A in annual evaluation out of the total number of Bank personnel that may receive a grade of A in the year.
Matters regarding the evaluation of departments and offices mentioned in the preceding Paragraph shall be prescribed by the Bank.
Article 29
When the Bank receives grade B or higher in the annual performance assessment conducted by the Executive Yuan, Governor and Deputy Governors may receive bonus in accordance with the provisions in Article 22 herein.
Article 30
Regarding the performance rating of Bank officers, managerial officers should conduct evaluation based on the items on the evaluation checklist, submit the results to the Personnel Performance Review Board for preliminary review and then for final approval by the Governor. The results of additional ratings not conducted at the end of year may be submitted directly to the Governor for approval, except where a grade D is considered for a Bank officer.
Officers in charge of performance rating must maintain utmost confidentiality throughout the evaluation process and should not commit errors or omissions, otherwise such officers should be accorded punishment commensurate with the seriousness of the transgression.
Article 31
Bank officers should be notified of their evaluation results in writing. When considering assessing a grade of D and recording two major demerits at one time to a certain Bank officer, the officer concerned should be given the opportunity to state his/her case and make objection before the disciplinary action is meted out. For the officer who should be dismissed from employment based on the evaluation result, the written notice to the officer concerned should include reasons for such action, methods for seeking administrative remedy, administrative remedy period and the agency with jurisdiction of administrative remedy and related provisions.
The results of annual evaluation as mentioned in the preceding Paragraph shall be acted upon according to the following provisions. However, the dismissal of Bank officers from employment based on the results of evaluation shall be acted upon from the date of confirmation, and suspension shall be carried out prior to confirmation:
1. For annual ratings and additional ratings conducted at the year end, the results shall be acted upon on the first day of the following year.
2. For special ratings and additional ratings not conducted at the year end, the results shall be acted upon the date the results are approved by the Bank.
Chapter 5 Retirement, Indemnity and Severance
Article 32
Bank officers who have served at the Bank for five years or longer, and have any of the following circumstances may be approved for voluntary retirement:
1. Having reached the age of 60.
2. Having served for 25 years or longer.
Bank officers who have served at the Bank for fifteen years or longer, and have any of the following circumstances may be approved for voluntary retirement:
1. The officer has been issued a certificate by a hospital assessed and accredited by the central competent health authority (referred to as "accredited hospital" hereunder) stating that the person concerned meets the criteria for being classified as "partially disabled" set out in the Civil Servant and School Staff Insurance Disability Benefit Standards (referred to as “Civil Service Disability Benefit Standards” hereunder) or has been assessed as “severe” or higher based on the severity levels of physical/mental disabilities set out by the central competent health authority.
2. The officer has a terminal-stage malignant tumor or is a terminal illness patient as defined in Subparagraph 2, Article 3 of the Hospice Palliative Care Act, and has provided a certificate therefor issued by an accredited hospital.
3. The officer has a certificate issued by a responsible authority stating that the person concerned has a permanent catastrophic illness or injury in accordance with the National Health Insurance System, and has been determined by the Bank to be incapable of performing his/her core duties, and incapable of undertaking other comparable works.
4. The officer meets the statutory criteria for being classified as having a physical or mental disability, and has undergone individual work capacity assessment by specialists pursuant to Article 54-1 of the Labor Insurance Act and been issued a certificate stating that he/she is permanently incapable of any work.
Article 33
Bank officers who have served at the Bank for five years or longer and have reached the age of 65 should apply for mandatory retirement, unless this Act stipulates otherwise term of service for the officer’s position.
With regard to the age requirement set forth in the preceding Paragraph, the Bank may draw up standards for graded minimum retirement age in consideration of the nature of respective positions and jobs and responsibilities to enable early retirement. However the minimum retirement age shall not be under age 55.
The latest effective retirement dates (referred to as “mandatory retirement date” hereunder) for Bank officers who are subject to mandatory retirement according to Paragraph 1 hereof are as follows:
1. If the officer’s date of birth falls between January and June, his/her effective retirement date shall be no later than July 16 the same year.
2. If the officer’s date of birth falls between July and December, his/her effective retirement date shall be no later than January 16 the following year.
Article 33-1
The Bank will arrange forced retirement for Bank officers who have served at the Bank for five years or longer, and have any of the following circumstances:
1. The officer does not meet the conditions for voluntary retirement under Article 32 herein and is subject to the court order of guardianship or assistance which has not yet been revoked.
2. The officer has one of the following physical or mental illnesses, injuries, or disabilities, and has been determined to be incapable of performing his/her core duties, and incapable of undertaking other comparable works:
(1) The officer has been issued a certificate by an accredited hospital stating that the person concerned meets the criteria for being classified as "partially disabled" set out in the Civil Service Disability Benefit Standards and has been receiving disability benefits according to law, or has been assessed as “severe” or higher based on the severity levels of physical/mental disabilities set out by the central competent health authority.
(2) The officer has a stage 3 or higher malignant tumor, and has provided a certificate therefor issued by an accredited hospital.
Before the Bank arranges forced retirement for an officer in accordance with the provisions of Item 1, Subparagraph 2 of the preceding paragraph, the Bank shall provide the officer with vocational rehabilitation services in accordance with Article 33 of the People with Disabilities Rights Protection Act.
Article 33-2
If the court order that places a Bank officer under guardianship or assistance, or the physical or mental illness, injury, or disability of a Bank officer referred to in Subparagraph 1 or 2, Paragraph 1 of the preceding article arises as a result of the officer performing official duties (referred to as "work-related injury or illness" hereunder), the officer’s forced retirement will not be subject to the requirement of having served at the Bank for five years or longer.
The term "work-related injury or illness" in the preceding paragraph means an injury or illness of a Bank officer determined by the Bank to have a causal relationship with one of the following circumstances:
1. An accident, hazardous incident, or violent event happened to the officer or the officer fell ill while performing his/her duties, resulting in an injury or illness.
2. An accident or a hazardous incident happened to the officer at the workplace or while the officer was on a business trip or travelled to or from the workplace or some official business venue, resulting in an injury or illness. However, the preceding provision does not apply to an injury or illness that resulted from a major traffic violation by the officer.
3. The officer experienced a sudden onset of illness during the performance of duties, or at the workplace, or while traveling to or from the workplace or some official business venue, resulting in an injury or illness.
4. Unrelenting focus on work or overwork results in an injury or illness.
If any doubt arises regarding the determination of work-related injury or illness described under the subparagraphs of the preceding paragraph or eligibility for work-related survival compensation under Articles 39 and 40 herein and the existence of causal relationship, the Bank should appoint scholars and experts to form a review panel to undertake review of case in which there is doubt whether the forced retirement of a Bank officer has a work-related cause or whether a survival compensation claim has a work-related cause.
When reviewing and determining individual cases whether the injury or illness of an officer is related to sudden onset of illness or unrelenting focus on work or overwork as described in Subparagraph 3 or 4 of Paragraph 2 hereof, the review panel referred to in the preceding paragraph may refer to the review reference guide set out in Paragraph 5, Article 53 of the Act Governing Retirement, Severance and Bereavement Compensation for Civil Servants.
Article 33-3
The application for retirement or severance by a Bank officer having any of the following circumstances will not be processed:
1. The officer is on unpaid leave.
2. The officer is placed on suspension from duties.
3. The officer is placed on disciplinary suspension.
4. The officer is suspected of having committed a criminal offense against the internal or external security of the State after the end of the Period of National Mobilization for Suppression of the Communist Rebellion, and has any of the following circumstances:
(1) A final judgment regarding the alleged offense has not yet been rendered.
(2) The public prosecutor has decided non-prosecution or deferred prosecution on the alleged offense, but the decision is not final.
(3) The public prosecutor has made a final decision of deferred prosecution on the alleged offense, but the deferral period has not yet expired.
5. The officer is suspected of having committed a criminal offense in breach of the provisions of the Anti-Corruption Act or the Offenses of Malfeasance in Office chapter of the ROC Criminal Code, and has been tried and sentenced by a court to imprisonment for a fixed term or a more severe punishment, but the judgment is not final.
6. A case involving the officer has been referred by the responsible authority in accordance with the law for disciplinary action or has currently been referred to the Control Yuan for review, or has resulted in a responsible authority making a decision to impose a disciplinary sanction, which however has not yet taken effect.
7. It is stipulated so according to other laws.
Officers referred to in Subparagraphs 4 to 7 of the preceding paragraph shall first be suspended from duties starting from the mandatory retirement date.
Officers referred to in Subparagraph 2 of Paragraph 1 hereof or in the preceding paragraph may receive one half of salary as applicable to employees suspended from duties starting from the mandatory retirement date to the date the reason for non- processing ceases to exist.
Article 33-4
A Bank officer who did not apply for retirement past the mandatory retirement date due to any circumstance under Subparagraphs 2 ~ 7, Paragraph 1 of the preceding article shall, within six (6) months after the particular circumstance ceases to exist, submit supporting documents in writing to the Bank to apply for mandatory retirement.
The mandatory retirement date of an officer referred to in the preceding paragraph shall be in all cases his/her effective retirement date. However, the effective retirement date of an officer under disciplinary suspension shall be the date on which the reason for suspension ceases to exist and the Bank has approved his/her reinstatement to duty.
If an officer referred to in Paragraph 1 hereof passes away within the stipulated 6-month application period, his/her survivors referred to in Article 41 herein may apply for retirement benefits in accordance with the standards set out in Article 34 herein.
The one-half salary received by an officer under Paragraph 1 hereof in accordance with the provisions of Paragraph 3 of the preceding article shall be recovered by the Bank by deducting the amount actually received by the officer from his/her retirement payment or survivor compensation.
Officers under Paragraph 1 hereof having any of the following circumstances may not apply for retirement:
1. The officer is dismissed, discharged from employment, or removed from post according to law.
2. The statutory grounds for forfeiting rights to apply for retirement set out in Article 36 herein still exist when the 6-month period for retirement application expires.
Article 34
The standards for retirement payments to Bank officers are as follows:
1. For years of service accumulated under the Labor Standards Act after May 1, 1997, two units are given for one full year of service, provided that each year of service exceeding fifteen years shall be entitled to only one unit for one full year of service, but the maximum shall be forty-five units. Any fraction of a year which is less than six months shall be counted as half a year of service; any fraction of a year that is equal to or more than six months shall be counted as one full year of service. The basis for retirement benefit unit denotes the average wage received by the officer at the time when his/her retirement is being approved and calculated in accordance with applicable provisions of the Labor Standards Act.
2. For years of service accumulated prior to April 30, 1997, retirement benefits will be calculated in accordance with the Regulations Governing Retirement, Indemnity and Severance of Employees of State-owned Finance and Insurance Enterprises under the Ministry of Finance.
3. For officers who are forced into retirement due to work-related injury or illness pursuant to Paragraph 1 of Article 33-2 herein, retirement payments will be increased by 20%, and years of service less than five years shall be counted as five years.
Article 35
Bank officers who opt to retire early according to the minimum retirement age provided in Paragraph 2 of Article 33 herein will receive in addition a lump-sum payment equal to one-half month salary for each year of early retirement according to the prescribed retirement age.
Article 35-1
If the Bank undergoes downsizing as required by law and consequently retires or lays off personnel, the Bank may pay the retired or laid off personnel a one-time relief payment up to seven months of the personnel’s monthly salary (including the one-month advanced-notice wage to be paid to retired or laid-off personnel pursuant to the Labor Standard Act), and starting from the date the downsizing program starts, reduce the amount of relief payment by one month of salary for each month the affected personnel’s retirement or severance is delayed (excluding the one-month advanced-notice wage). The relief payment shall be paid out of the budget prepared by the Bank.
The relief payment under Paragraph 1 shall be calculated based on the single salary received by the personnel every month.
The provisions of Paragraph 1 on relief payment do not apply to personnel who have undergone retirement, severance or resignation process and received additional retirement or severance payment.
When personnel who have undergone severance or retirement due to a downsizing program resume employment in any of the position categories listed in the subparagraphs of Paragraph 1, Article 77 of the Act Governing Retirement, Severance, and Bereavement Compensation for Civil Servants within six months from the date of their severance or retirement takes effect, and their total monthly remuneration exceeds the statutory basic wage, the agency (institution) employing them shall subtract an amount corresponding to the actual number of months that the severance or retirement lasted before re-employment from the relief payment received by the personnel, and then collect the remainder and refund same to the Bank. Re-employment less than one month shall be counted as one month, and when re-employment lasts longer than one month, the days of partial month will not be counted.
Article 35-2
When Bank personnel (excluding Bank workers) who have once undergone retirement (separation or military discharge), severance or years of service settlement and received comparable retirement or severance pay before employment at the Bank again apply for retirement, survivor compensation, or severance, their basis units or percentage for the calculation of retirement payment, survivor compensation or severance pay should be combined with the basis units or percentage of retirement (separation or military discharge) payment, severance pay, separation (dismissal) refund or years of service settlement pay previously paid out of government budget, which shall not exceed the maximum payment standards set out in these Regulations. If the retirement (separation or military discharge) pay or severance pay previously received by the personnel has reached the maximum limit, the payment to be received by the personnel at the time of second-time retirement (severance) will not be increased; if the previously received payment has not reached the maximum limit, the difference will be made up in the calculation of second-time retirement (separation) benefit
Article 35-3
If a Bank officer has committed an offense during employment in breach of the provisions of the Anti-Corruption Act or the Offenses of Malfeasance in Office chapter of the Criminal Code, or taken advantage of the power, opportunity, or means afforded by his/her official position to commit some other offense, and is subsequently sentenced with final judgment rendered after the officer has retired, been dismissed with severance pay, or resigned, the retirement (separation) related benefits of such officer shall be stripped or reduced in accordance with the following provisions; if benefit payment has already been made, recovery of the full or partial amount that is subject to stripping or reduction shall be pursued:
1. An officer who has been sentenced to death, life imprisonment, or imprisonment of seven years or longer shall be stripped ab initio of any retirement (separation) related benefits.
2. An officer who has been sentenced to imprisonment of three years or longer but less than seven years shall have retirement (separation) related benefits reduced ab initio by 50 percent.
3. An officer who has been sentenced to imprisonment of two years or longer but less than three years shall have retirement (separation) related benefits reduced ab initio by 30 percent.
4. An officer person who has been sentenced to imprisonment of one year or longer but less than two years shall have retirement (separation) related benefits reduced ab initio by 20 percent.
If an officer under the preceding paragraph receives and completes a suspended sentence without the suspended sentence being revoked, the provisions of Subparagraphs 3 and 4 of the preceding paragraph do not apply after the period of suspended sentence ends, and the amount of any reduction that has been made to retirement (separation) benefits shall be paid retroactively by the Bank.
The retirement (separation) related benefits that should be stripped or reduced according to Paragraph 1 hereof shall be limited to those that have been approved based on the years of service preceding the officer!|s most recent retirement, severance, or resignation. Such benefits comprise the following:
1. Retirement payment or severance pay to be disbursed in accordance with these Regulations; and
2. Preferential interest.
If another law imposes a more severe penalty of stripping or reduction of retirement (separation) related benefits on the officer referred to in Paragraph 1 regarding the same case, the more severe penalty shall apply.
If a person who has retired or been laid off with severance pay in accordance with these Regulations is again employed as a Bank officer, no further retirement payment or survivor compensation will be awarded for any past years of service during which the officer was subject to stripping or reduction of retirement (separation) related benefits in accordance with Paragraph 1 hereof when the officer again retires, is laid off, or resigns or passes away during the re-employment period, and those years of service shall be aggregated with the years of service after the re-employment and handled in accordance with the provisions of preceding article.
Article 35-4
If a Bank officer who has served at the Bank for five years or longer opts to resign without undergoing retirement or severance process after July 1, 2018, the officer’s years of service at the Bank may be preserved, and the officer may, within 6 months after the date he/she turns 65, submit supporting documents in writing to the Bank for approval of years of service and retirement payment.
The retirement payment received by an officer under the preceding paragraph shall be calculated in accordance with the provisions of Article 34 herein.
The provisions of Paragraph 1 hereof do not apply if an officer under Paragraph 1 has any of the following circumstances:
1. The officer is dismissed, discharged from employment, or removed from post according to law.
2. The statutory grounds for forfeiting rights to apply for retirement set out in Article 36 herein still exist when the 6-month period for retirement application expires.
3. At the time the 6-month period set out in Paragraph 1 hereof expires, the officer has a circumstance set out in Paragraph 1, Article 33-3 herein under which retirement application will not be processed.
Article 36
Bank officers having any of the following circumstances shall forfeit their rights to apply for retirement or severance:
1. Being deprived of civil rights for life.
2. Having convicted of offenses against civil disturbance or treason with final judgment rendered.
3. Loss of the citizenship of the Republic of China.
4. Other specific conditions as prescribed by laws.
Article 37
For Bank officers who retired prior to the implementation of these Regulations and are under the monthly retirement payment plan, their monthly retirement payment shall be calculated and disbursed in accordance with applicable laws and regulations in effect prior to the implementation of these Regulations.
Retired Bank officers on monthly retirement payment plan and having any of the following circumstances shall be forfeited their rights to receive monthly retirement payment:
1. Deceased.
2. Being deprived of civil rights for life.
3. Having convicted of offenses against civil disturbance or treason with final judgment rendered.
4. Loss of the citizenship of the Republic of China.
For retired Bank officers on monthly retirement payment plan and having any of the circumstances set out in Paragraph 1, Article 6 and Paragraph 1, Article 77 of the Act Governing Retirement, Severance, and Bereavement Compensation for Civil Servants, their monthly retirement payment shall be suspended until the termination of the cause of suspension.
Article 38
For Bank officers who die as a result of illness or accident while under the Bank's employment, the Bank will disburse funeral compensation equal to three months salary in addition to survivor compensation calculated in accordance with the retirement payment standards provided in Article 34 herein, and such officers' years of service will be counted as three years if they had been under the Bank's employment for less than three years.
For Bank officers who die as a result of disease or accident while being suspended from work due to disciplinary sanction, or on suspension pending appeal, or on leave without pay, such officers' survivor benefits and funeral benefits will be disbursed according to the provisions in the preceding Paragraph.
Article 39
For Bank officers having any of the following circumstances, the Bank will disburse additional survivor compensation equal to five months salary and funeral compensation equal to three months salary in addition to survivor compensation calculated in accordance with the retirement payment standards provided in Article 34 herein, and such officers’ years of service will be counted as five years if they have been under the Bank's employment for less than five years:
1. A sudden onset of illness at the workplace or while on a business trip (errand) for performing a task described in Subparagraph 1 or 2, Paragraph 1 of Article 40 herein, which results in death.
2. Having any of the following circumstances that results in death:
(1) An accident or hazardous incident occurs while traveling for performing a task described in Subparagraph 1, Paragraph 1 of Article 40 herein.
(2) Sudden onset of illness while traveling for performing a task described in Subparagraph 1 or 2, Paragraph 1 of Article 40 herein, or an accident or hazardous incident occurs while traveling for performing a task described in Subparagraph 2, Paragraph 1 of Article 40 herein.
(3) An accident or hazardous incident, or sudden onset of illness occurs during a period of essential advance preparation for the performance of a task, or during a period of follow-up after a mission.
3. Unrelenting focus on work or overwork that results in death.
Article 40
For Bank officers having any of the following circumstances, the Bank will disburse additional survivor compensation equal to eight months salary and funeral compensation equal to three months salary in addition to survivor compensation calculated in accordance with the retirement payment standards provided in Article 34 herein, and such officers' years of service will be counted as ten years if they had been under the Bank's employment for less than ten years:
1. Courageously facing a hazardous incident posing a high risk of death when performing a difficult mission entailing disaster rescue or arresting a criminal, or a war-related mission, and risking one's life in performing the mission, which results in death
2. The occurrence of an accident or hazardous incident, or a violent event, or falling ill at the workplace, or while on a business trip (errand) for performing a task other than the ones mentioned in the preceding subparagraph, which results in death..
If the death of a Bank officer as described in Item 1 or 2, Subparagraph 2 of the preceding article or Subparagraph 2 of the preceding paragraph was caused by a major traffic violation on the part of the officer, survivor compensation shall be disbursed in accordance with Article 38 herein.
Article 41
The unremarried surviving spouse of Bank officer shall receive half of the officer's survivor and funeral compensation; the remainder shall be distributed equally among the survivors in the following order of preference:
1. Children.
2. Parents.
3. Grandparents.
4. Siblings.
Among survivors mentioned in the preceding Paragraph other than the unremarried spouse, when there are no survivors as specified by Subparagraphs 1 through 3, the survivor compensation and funeral compensation will be distributed to the unremarried spouse alone;if there is no spouse or the surviving spouse has already remarried, the survivor compensation and funeral compensation shall instead be distributed among the other survivors in order as mentioned in each Subparagraph of the preceding Paragraph. If there are more than one eligible survivor in the same order and any of the survivors loses or forfeits the right to receive the survivor compensation and funeral compensation due to death, abandonment, or loss of entitlement under Article 42 herein, their portion shall be redistributed evenly among the remainder of the eligible survivors in the same order.Should any of the survivors specified in the first group of preference as listed in Subparagraph 1 of the preceding Paragraph be unable to receive the survivor compensation and funeral compensation due to death, abandonment, or loss of entitlement under Article 42 herein, their children may receive the subrogated distribution in their stead.
If a Bank officer had made a will before death, stating which of the survivors mentioned in Paragraph 1 shall receive his/her survivor compensation, such will shall prevail. Notwithstanding the foregoing, the proportion to be received by any child of the Bank officer who is still a minor shall not be lower than the child’s statutory proportional entitlement.
Article 42
When a Bank officer becomes deceased, any of his/her survivors having any of the following circumstances shall forfeit their rights to receive any survivor compensation and funeral benefit:
1. Being deprived of civil rights for life.
2. Having convicted of offenses against civil disturbance or treason with final judgment rendered.
3. Not having citizenship of the Republic of China.
Article 43
When a Bank officer dies and he/she does not have survivors or his/her survivors are unable to handle his/her funeral affairs, the Bank will designate a Bank officer to handle the funeral affairs using his/her funeral compensation.
Article 44
Bank officers in any of the following circumstances may be given severance:
1. It is necessary for the Bank to downsize due to organizational change or business contraction and there is not suitable job for Bank officers.
2. Bank officers are unsuited to the current positions, and after being reassigned to other equivalent positions, remain unable to achieve the required standards of performance, or where the Bank does not have any other position available for reassignment.
3. The officers hold full-time research positions (not assigned concurrently to other positions) and have not produced any research report or significant findings in more than two years consecutively.
4. Bank officers do not meet the conditions set out in Subparagraph 2, Paragraph 1 of Article 33-1 herein but suffer from physical or mental frailty as duly certified by an accredited hospital, evidencing that they are unable to appropriately complete their assigned tasks.
5. Where any other laws or regulations provide that Bank officers should be given severance.
Article 45
The severance of Bank officers shall be carried out in accordance with applicable provisions under the Labor Standards Act, whereas the severance payment standards are as follows:
1. Years of service accumulated prior to April 30, 1997 shall be calculated in accordance with then applicable laws and regulations.
2. Years of service accumulated on and after May 1, 1997 shall be calculated in accordance with applicable provisions of the Labor Standards Act.
Article 46
The years of service of Bank officers shall combine the years of service in the following capacities in addition to their years of service under the Bank’s employment. However the periods of services for which Bank officers have applied for the refund of pension fund upon resignation or dismissal, or have been paid retirement (termination, retirement from military) payments, severance payment, or quasi-pensions, severance or resignation payments shall be excluded.
1. Previously serving as political appointees, civil servants, education personnel in public schools or military personnel.
2. Previously serving as officers in other government-owned enterprises.
3. Preciously serving in mandatory military service or substitute service.
Article 47
The Bank has set aside pension fund and established a Pension Fund Supervisory Committee in accordance with applicable regulations after May 1, 1997. The original pension contributions from the Bank and the employees themselves are put under the management of the Pension Fund Supervisory Committee and will be disbursed to Bank officers when they depart in accordance with then applicable laws and regulations prior to the implementation of these Regulations.
Article 48
(Deleted)
Article 49
The rights to claim retirement payment, severance payment, survivor compensation and funeral compensation as well as survivor compensation not yet received by the survivors of Bank officers may not be used for assignment, offset, detention or provision of security.
A recipient of payments under the preceding paragraph may open a personal account at a financial institution to be used exclusively for the deposit of payments under the preceding paragraph. Deposits in such accounts may not be used for offset, detention, provision of security or subject to compulsory execution.
Article 50
(Deleted)
Chapter 6 Supplemental Provisions
Article 51
To handle personnel management related matters set forth in these Regulations, the Bank may utilize the Bank's existing manpower and facilities to open bank accounts for Bank personnel and deposit payments into the accounts.
Article 52
For promoting the development of human resources, the Bank may offer Bank officers training and advanced study programs. Matters regarding such programs will be prescribed by the Bank.
Article 53
Bank officers who believe their rights or interests are unlawfully or improperly undermined by the administrative action of the Bank are entitled to file an administrative appeal in accordance with the Administrative Appeal Act within thirty days from the day after the administrative action is served. Bank officers may do the same if they believe their rights or interests are undermined due to Bank’s inaction on their applications have been made under these Regulations within the statutory period.
If the period referred to in the preceding Paragraph is not specified by applicable laws and regulations, it shall be two months from the date the Bank accepts the application.
If a Bank officer believes a management measure or relevant working condition rendered by the Bank is improper and impairs his/her rights or interests, the staff may, within thirty days from the day after the management measure or action is in place, appeal to the Bank for reconsideration by stating the reasons in writing and submitting supporting documents.
Where an appeal has merits, the Bank shall, within the scope of the objection expressed by the appellant, revoke the original management measure or action in whole or in part, and render another management measure or action. However, within the scope of the objection expressed by the appellant, the Bank shall not adopt a new management measure or take another action less favorable to the interests of the appellant.
In the event of any of the following circumstances, the Bank should sustain its original management measure or action:
1. The appeal for reconsideration is without merits.
2. Although reasons on which the originally rendered management measure or action is based are mildly inappropriate, there are other valid reasons to support such management measure or action.
3. Even if the original management measure or action rendered was unlawful or clearly inappropriate however, its revocation or modification will cause serious damage to public interest, and after considering the damage sustained by the appellant, the extent of compensation, and the method of damage prevention and other relevant circumstances, the Bank concludes that the revocation or modification of the management measure or action is apparently against public interest.
For appeal for reconsideration, the Bank shall, within two months from the next day following the receipt of the appeal, send the appellant a reply with reasons for the decision made on the appeal provided in details. If necessary, the reply period may be extended for another month provided the appellant is notified.
Article 54
If necessary for business purposes, the Bank may hire contract-based employees. The number of contract-based employees may not exceed 15% of the annual budgeted workforce of the Bank. The personnel management of contract-based employees may follow the relevant provisions in these Regulations and stated explicitly in contracts.
Article 55
The establishment and management of stationed police officers shall be carried out in accordance with the Regulations Governing Establishment and Management of Police Stationed Officers at Various Institutions, Schools and Organizations and may follow the relevant provisions in these Regulations. Matters regarding the establishment and management of stationed police officers shall be prescribed by the Bank.
Article 56
The management of Bank workers shall be carried out in accordance with the Labor Standards Act, Labor Pension Act and other labor related laws and regulations.
Article 57
These Regulations shall become effective on the date of promulgation.