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Chapter 6 Retirement and Compensation
Article 35
In addition to the following provisions, the regulations of Civil Service Retirement Act are also applicable for the retirement of police personnel:
1. The retirement age for police personnel with the recommended rank or below and whose positions are dangerous and laborious may be lowered in accordance with the provisions of Civil Service Retirement Act.
2. Police officers who are forced to retire in accordance with the Civil Service Retirement Act because of incompetence to carry out their duties due to physical or mental disability caused by violence or harm imposed in the line of duties, are entitled to the pension standard set for those who are hurt or ill when carrying out duties and additional 5 to 15 base units of pension. The base unit is calculated by using the highest seniority pay of the highest rank of their position.
3. Police personnel who have been awarded medals or merit certificates are entitled to additional retirement pension.
The retire pension for police personnel who had had any of the conditions prescribed in subparagraph 2 of the preceding paragraph before the amended articles of this Act came into force on August 19, 2004 and had been paid monthly retire pension since then shall be paid in accordance with the amended articles of this Act starting from the day when they come into force.
Regulations governing the recipients, base units and amount of additional retire pension, and other relevant matters shall be enacted by the Executive Yuan in collaboration with the Examination Yuan.
If the retire pension calculated by the highest salary level of the highest seniority pay of the position police personnel are serving is higher than that calculated by the standard approved by the Ministry of Civil Service, the gap in the amount of retire pension shall be paid from the competent authority’s budget.
Article 35-1
Police personnel suffering total or half disability caused by violence or accidental harm while performing duties are eligible for medical care, home care arrangement and lifelong care under the budget of the competent authority.
Police personnel who had met the requirements specified in the preceding paragraph prior to the implementation of this Act’s amended articles on August 19, 2004 are entitled to the care from the date when the amended articles of the Act came into force.
The standard, the way of and other relevant matters of the care specified in the preceding two paragraphs, shall be regulated by the Executive Yuan.
Article 35-2
Police personnel with one of the conditions specified in Subparagraph 8 or 9, Paragraph 1, Article 28 of the Civil Service Employment Act shall be retired and discharged from service with severance pay.
Article 36
In addition to the following provisions, the regulations of Public Official Compensation Act are also applicable for the compensation of police personnel.
1. The compensation of officers who die in the line of duty shall be calculated with a base unit made of the highest seniority pay and salary level of the position in which they are serving. They are also entitled to additional compensation as those who die at war.
2. Police personnel who have been awarded medals or merit certificates are entitled to additional compensation.
Family members of the deceased officers who die in the line of duty before the implementation of this Act’s amended articles on August 19, 2004 who still receive annual compensation shall be paid in accordance with this Act’s regulations from the date when the amended articles of the Act came into force.
The standard of granting additional compensation prescribed in the Subparagraph 2 of the Paragraph 1 shall follow the same principle as the granting of additional retire pension if no compensation is claimed repeatedly.
If the compensation calculated by the highest salary level of the highest seniority pay of the position police personnel are serving is higher than that calculated by the standard approved by the Ministry of Civil Service, the gap in amount of compensation shall be paid from the competent authority’s budget.
Article 36-1
Police personnel who are injured, disabled or died because of their duties or die in the line of duty shall be entitled to preferential compensation; for police personnel who are totally disabled, their compensation shall be paid in accordance with the standard of those who die in the line of duty. Police personnel who are fully disabled or die while carrying out their duties or died in the line of duty by violence or accidental harm, their compensation shall not be less than twice the amount of compensation for public officials who are disabled or die because of their duties.
The regulations governing the scope of duties specified in the preceding paragraph, compensation recipients, compensation amounts and other relevant matters shall be enacted by the Executive Yuan.
If police personnel are totally disabled, half disabled because of violence or accidental harm, while carrying out their duties or die in the line of duty, their children shall be nurtured to adulthood. If their children have been grown-up and are currently studying, they shall be nurtured until they graduate from universities.
In the event that police personnel had met one of the conditions described in the preceding paragraph before the amended articles of this Act came into force on August 19, 2004, their children shall be granted nurture on the day thereof.
The regulations governing whom shall be nurtured, how it shall be carried out and other relevant matters shall be enacted by the Executive Yuan.