Chapter 8 Remunerations for Judges
Article 71
A judge shall not be classified by ranks or grade levels. The remunerations include the basic salary, specialty premium, duty premium, and locality premium, all to be calculated on monthly basis.
The pay scales and points of the basic salary referred to in the preceding paragraph shall be based on the Table on the Remunerations for Judges.
The amount of the basic salary of a judge shall be calculated in accordance with the pay points in the Table on the Remunerations for Judges, which, in turn, shall be consistent with the same standards of calculation for the pay points in the Table on the Remunerations for Civil Servants.
Salary scales for judges are distinguished as follows:
1. The basic salary for a tenured judge is divided into twenty levels, from level 1 to level 20, to start at level 20.
2. The basic salary for a probationary judge is divided into nine levels, from level 14 to level 22, to start at level 22. The measures concerning the conversion of appointments for incumbent judges, and the promotion measures for administrative education and research personnel appointed as judges shall apply, mutatis mutandis, to the calculation of remunerations for judges appointed in accordance with Article 5, Paragraph 2, Subparagraph 8 of this Act.
3. The basic salary for an judge-in-training is divided into six levels, from level 19 to level 24, to start at level 24.
For an attorney, a professor, an associate professor, an assistant professor as well as a research fellow, an associate research fellow, or an assistant research fellow at the Academia Sinica to be appointed as a judge, the pay scale shall start at level 22, 21, 20, 17, or 15, corresponding with the seniority of the practices teachings or services of more than six, eight, ten, fourteen, or eighteen years.
The payment conditions, eligibilities and amount of various premiums for judges are subject to the regulations on various tables of premiums promulgated by the Executive Yuan, provided, however, that during the general annual adjustments of various premiums for the entire civil servants, the adjustments for judges shall be adjusted accordingly.
The living subsidies and year-end bonuses, among other premiums for judges shall apply, mutatis mutandis, the relevant statutes and regulations for civil servants.
For a judge who has served as a civil servant with comparable seniority to the incumbent position, similarity in nature, and excellent service records, the remuneration may be increased by the annual level to the highest grade available for the incumbent position.
The Examination Yuan , the Judicial Yuan and the Executive Yuan shall jointly promulgate regulations concerning the determination of comparable seniority, s similarity in nature, and excellent service records referred to in the preceding paragraph.
Article 72
The remunerations for the President and the Vice President of the Judicial Yuan, the Justices, President of the Supreme Court, President of the Supreme Administrative Court, and the President of the Disciplinary Court shall be provided in accordance with the following standards:
1. The President of the Judicial Yuan shall apply, mutatis mutandis, the premier level of the political appointees.
2. The Vice President of the Judicial Yuan shall apply, mutatis mutandis, the deputy premier level of the political appointees.
3. The Justices, President of the Supreme Court, President of the Supreme Administrative Court, and President of the Disciplinary Court shall apply, mutatis mutandis, the minister level of the political appointees.
The individuals indicated in the preceding paragraph shall also be provided with specialty premium stipulated in Paragraph 1 of the preceding article.
For the Secretary General of the Judicial Yuan transferred from judgeship or the prosecutorial office, the remuneration shall be based on the standard stipulated in Paragraph 1, Section 3 and Paragraph 2.
Article 73
The president of the court or the head of an agency at which a judge is on duty, shall conduct a duty assessment of the judge at the end of every year and refer the report to the Judicial Yuan. In conducting the assessment, the president should first consult with the related division-chief judges and other judges of that court.
The items to be included in conducting a judge's duty assessment include knowledge and capability, character and integrity, work ethics, and quality of judgments. The Judicial Yuan shall promulgate related regulations concerning the assessment and remedy procedures.
Article 74
A judge who has reached the anniversary in serving duties by the end of the year, received excellent assessment, and has not been subject to any criminal penalty or disciplinary action, shall be promoted by one grade and received a bonus equal to the total amount of one-month remuneration; once the highest pay scale for the appointed position is reached, the bonus award shall be equal to the total amount of two-month remuneration. A judge who has served for six months but less than a year, and has not been received any criminal penalty or disciplinary action, shall receive half of the bonus award.
A judge who has excellent assessment for four consecutive years and has not received any criminal penalty or disciplinary action shall be, in addition to the bonus award referred to in the preceding paragraph, promoted by two grades.
For a judge or a judicial administration staff being transferred (or returned) to each other's position within a calendar year, the year of service during the transfer (or return) may be combined in the calculation of the year-end duty assessment or performance evaluation.
The related provisions with respect to grade promotion referred to in Paragraphs 1 and 2 do not apply to the assistant and probationary judges whose scores failed to pass the performance review.
Article 75
The Examination Yuan , the Judicial Yuan and the Executive Yuan shall jointly promulgate regulations concerning the change of appointment or instatement incumbent judges as well as the transfer between judges and administrative, education, or research positions.
Where the remuneration under the Table on the Remunerations for Judges is less than the original pay, then the shortfall may be filled, which amount is to be combined and given together as a salary adjustment.
The salary adjustment referred to in the preceding paragraph means the pay adjustments resulted from the national salary adjustment for military, public service and education personnel, position realignment (promotion), and grade promotion from duty assessment.
Article 76
A tenured judge transferred to serve as judicial administrative personnel shall be deemed as a judge whose seniority and remunerations shall be calculated in accordance with the regulations on comparable judgeship, and may not be subject to the restrictions on the training qualifications for the grade transfer and promotion to selection rank stipulated in the Civil Service Employment Act. The term of transfer shall be three years and may be extended once; for those who are approaching the mandatory retirement age for judicial administrative personnel, they shall return to serve as judges three months prior to their reaching such age.
If the tenured judge concurrently serves as the president of a court, the term referred to in the preceding paragraph shall be no more than six years by combining the two terms. However, the Judicial Yuan may extend the term if it deems it necessary, and the extended term shall not exceed three years.
The term provided in Paragraph 1 of Article 11 and the preceding two paragraphs shall recommence after two years since the cessation of serving concurrently or the returning to the original judgeship position.
For the personnel referred to in Article 72 who once served as tenured judges and have returned to judgeship shall not be subject to the restrictions stipulated in Article 27 of the Civil Service Employment Act.
The Examination Yuan, in conjunction with the Judicial Yuan and the Executive Yuan, shall jointly formulate regulations concerning the transfer, return, and exchange of instatement referred to in Paragraph 1.
Article 77
Any tenured judge having served for more than fifteen years and reached the age of 70 shall cease to conduct cases but may engage in research, mediation, or other judicial administrative duties; for those who have reached the age of sixty-five may apply to be transferred to a district court to conduct summary cases.
Any tenured judge having served for more than fifteen years, reached the age of sixty-five, and being certified not fit to carry out duties due to feeble physical condition by a qualified hospital recognized by the central governing health authority, may apply to discontinue the conducting of cases.
A judge who ceases to conduct cases referred to in the preceding two paragraphs shall nevertheless be considered as an incumbent judge but not counted as part of the personnel quota of the organization, is entitled to received two-thirds of the total remuneration, and may apply for voluntary retirement and pension in accordance with the Public Servant Retirement, Severance, and Bereavement Compensation Act or the Act Governing Retirement, Severance, and Bereavement Compensation Under the Individual Account System for Civil Service.
The Judicial Yuan shall promulgate regulations concerning the application procedures for ceasing to conduct cases referred to in Paragraphs 1 and 2, the means and items to engage in research, and business categories, among other things.
Article 78
Once a judge retires voluntarily, in addition to a one-time, lump sum or monthly pension in accordance with the Public Servant Retirement, Severance, and Bereavement Compensation Act or the Act Governing Retirement, Severance, and Bereavement Compensation Under the Individual Account System for Civil Service, a tenured judge further receives a lump sum or monthly retirement allowance(s) with the following criteria:
1. Twenty percent for more than ten years but less than fifteen years of services; thirty percent for more than fifteen years of services.
2. Forty percent for age between fifty-five and sixty and for more than fifteen years but less than twenty years of services; fifty percent for more than twenty years of services.
3. Sixty percent for age between sixty and seventy and for more than twenty years of services, with eight percent to be added for each additional year of service until the maximum of one hundred and forty percent. Four percent for the services beyond twenty years but less than six months, services that exceed six months shall be counted as one year, provided, however, that for any judge who has reached the age of sixty-five and processes voluntary retirement before reaching the age of seventy before the implementation of this Act, the payment shall be one hundred and forty percent.
4. Five percent for any judge who has reached the age of more than seventy.
If the combination of monthly retirement allowances based on the criteria in the preceding paragraph, the monthly pension under the law, and the preferential saving interests of the seniority benefit from the civil servants insurance should exceed ninety-eight percent of the monthly remunerations of an incumbent judge at same salary level, the monthly retirement allowances shall be reduced to the level not to exceed ninety-eight percent of the monthly remuneration of an incumbent judge at same pay level.
The Judicial Yuan, the Examination Yuan, and the Executive Yuan shall jointly promulgate regulations for the disbursement of retirement allowances referred to in Paragraph 2.
At the retirement of the Justices, the President of the Supreme Court, the President of the Supreme Administrative Court, and the President of the Disciplinary Court, in addition to providing the severance savings in accordance with, mutatis mutandis, the Act Governing the Payment of Compensation to Surviving Dependents of the Retired Political Appointees, the retirement allowances in accordance with the preceding three paragraphs shall be provided, however, that the provisions on allowances shall not apply to those who are not transferred from a tenured judge or a prosecutor.
The preceding paragraph shall apply, mutatis mutandis, to the Secretary-General of the Judicial Yuan, if s/he is transferred from a judge or prosecutor position.
Article 79
Judges who are proved to be physically feeble and not suitable for undertaking duties by qualifies hospitals recognized by the central competent health authority, the relevant provisions on the severance of civil servants may apply mutatis mutandis to the application of severance.
Judges who are proved to be physically or mental disable and difficult to be recovered by qualifies hospitals recognized by the central competent health authority, or have ceased to carry out duties in accordance with Subparagraph 6, Paragraph 1 of Article 43 for more than three years, the relevant provisions on the severance of civil servants may apply mutatis mutandis to the severance of the judge.
The severed personnel referred to in the preceding two paragraphs shall, according to the preceding Article, be provided with a lump-sum retirement benefits in addition to the severance payment as required by the law.
Article 80
The Public Servant Retirement, Severance, and Bereavement Compensation Act or the Act Governing Retirement, Severance, and Bereavement Compensation Under the Individual Account System for Civil Service shall apply to the consolation of judges.
The Act Governing the Payment of Compensation to Surviving Dependents of the Retired Political Appointees shall apply, mutatis mutandis, to on-the-job death for the Justices, the President of the Supreme Court, the President of the Supreme Administrative Court, and the President of the Disciplinary Court.
The preceding paragraph shall apply, mutatis mutandis, to the Secretary-General of the Judicial Yuan, if s/he is transferred from a judge or prosecutor position.