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CHAPTER 2 Services of Standing Commissioned Officers and Non Commissioned Officers
Article 11
The minimum years of service for those on Active Service except otherwise provided in this Act, the Active Service of a Standing Officer cannot be less than six years, while the Active Service of a Standing Non-commissioned Officers cannot be less than four years, and they are clearly stated during the recruitment by the Ministry of National Defense based on the requirements of the military. However, the period of leave without pay shall not be included in the minimum years of service.
The minimum years required for Active Service stipulated in the preceding Paragraph is counted from the day of rank appointment. For those Officers and Non-commissioned Officers who have passed the entrance exams to a Military Academy/College and graduated from an Officer basic education, the day shall be counted from the day the Officers are reinstated to their positions.
Article 12
After suspension or retirement, Standing Officers, Standing Non-commissioned Officers shall undergo Reserved Officer Service in accordance with the following regulations:
Subparagraph 1 Having served Active Service for less than ten years, will serve First Reserved Service.
Subparagraph 2 Having served Active Service for more than 10 years but less than 20 years, or having served Active Service and First Reserved Service totaling to more than 10 years but less than 20 years, will serve Second Reserved Service.
Subparagraph 3 Having served Active Service for more than 20 years, or having served Active Service for more than 15 years and reached the age of 60, or having served Active Service and First Reserved Service, Second Reserved totaling to more than 20 years but not reached the retirement age, will serve Third Reserved Service.
Article 13
When temporary mobilization or general mobilization for the Reserved Service personnel of Standing Officers or Standing Non-commissioned Officers is received, they shall serve in accordance with their skills, ranks, age and physical conditions, and based on First, Second, and Third Reserved Service sequence. The service period of Active Service under temporary mobilization during war time or contingency is the same as the period of general mobilization, but in peace time the personnel shall complete the minimum year requirement for Active Service. The education, duty, and roll-call mobilization that the personnel shall take will be in accordance with the Military Service Act and the Enforcement Regulations of the Military Service Act.
Depending on military needs, the Reserved Service personnel of Standing Officers or Non-commissioned Officers may continue to serve Active Service in accordance with their willingness. Unless dead, missing, captured, or with other causes not attributable to the personnel and approved by the Ministry of National Defense the period of continuing service can be less than a year, the unit of the service period is a year and the maximum of a term will be three years, and then, depending on military needs and the personnel’s willingness, to renew the term of Active Service.
The regulations of selecting the volunteers for enlisted into military provided in the preceding Paragraph shall be stipulated by the Ministry of National Defense.
Article 14
During the Active Service period of the Standing Officers or Standing Non-commissioned Officers, if one of the following situations is encountered, they will be suspended:
Subparagraph 1 Missing for more than three months.
Subparagraph 2 Captive.
Subparagraph 3 On leave.
Subparagraph 4 Being detained due to crimes for more than three months.
Subparagraph 5 Serving a sentence.
Subparagraph 6 Being terminated from appointment or prohibited from reappointment in accordance with the law.
Subparagraph 7 Personnel in an observation, rehabilitation, a compulsory rehabilitation or other rehabilitative measures of the entry of a final and binding decision or the conclusion of the action. However, this limit is not applicable to personnel under security preservation measures.
Subparagraph 8 Other incidents that upon application of the party and then verification of the Personnel Reviewing Board that need to be suspended.
Those personnel stipulated in any Subparagraph the preceding Paragraph not applying for reinstatement are allowed to be reinstated or exempted, when the reasons for their suspensions no longer exist and based on their situations and the military needs.
Article 15
Standing Officers or Standing Non-commissioned Officers that have one of the following situations are allowed to retire:
Subparagraph 1 Having completed the minimum years required for Active Service and retire under their discretion.
Subparagraph 2 Having reached the maximum years of Active Service or Age.
Subparagraph 3 Due to illness, injury or weak physical condition and was verified not suitable for Active Service.
Subparagraph 4 Exceeding the complement quota of the organization.
Subparagraph 5 Annual evaluation grades of lower than a " C+ " or have been recorded for two "Demerit" or beyond at one time due to personal cause, and were determined by the Personnel Reviewing Board not suitable for Active Service.
Subparagraph 6 After the implementation of the New Pension System, having been stayed on the same rank for ten years from the promotion to the rank of General and not occupied a higher position.
Subparagraph 7 The reasons for suspension no longer exist or the period of prohibition from reappointment has been expired after permitted and exempted from reinstatement.
Subparagraph 8 In accordance with Subparagraphs 3 to 5, prohibiting appointment stipulated in Subparagraphs 6, or suspending for three years and not reinstated stipulated in Subparagraphs 7 and 8 of Paragraph 1 of the preceding Article.
Subparagraph 9 Having been exempted in accordance with the Public Functionaries Discipline Act.
Subparagraph 10 Having applied after serving Active Service for one year and determined by the Personnel Reviewing Board.
The decision of the Personnel Reviewing Board stipulated in Subparagraph 10 of the preceding Paragraph shall be made within three months form the next day of receiving the application.
The personnel discharged earlier in accordance with Subparagraph 10 of Paragraph 1 who are not complying with the Students Recruitment Regulations shall compensate. The cause, scope, procedure, installment, and exemption of compensation and other relevant matters shall be stipulated by the Ministry of National Defense.
The application for retirement of Standing Officers or Standing Non-commissioned Officers who are transferred to discipline or examination by the Control Yuan in accordance with the law or have been judged disciplinable in accordance with the law but not yet finalized shall not be dealt with.
Article 16
Standing Officers or Standing Non-commissioned Officers that have one of the following situations during the Active Service period are allowed to be discharged:
Subparagraph 1 Having reached the age of discharge.
Subparagraph 2 Due to illness, injury, disabled, and verified not capable of undergoing a service.
Subparagraph 3 Being restricted.
Subparagraph 4 Being missing or captured for three years and have not returned.
The personnel stipulated on Subparagraph 4 of the preceding Paragraph that returned and have not reached the discharge age, will be transferred to Reserved Service. Those who have not reached the maximum years of service or age, will be reinstated depending on their conditions, military needs and under their discretion. Those who have reached the maximum years of service or age, will be transferred to Reserved Service.
The examination standards of retirement and suspension for casualties of those due to illness or injury not capable of serving the military service stipulated in Subparagraph 2 of Paragraph 1 and of those due to illness and injury not suitable for serving Active Service stipulated in Subparagraph3 of Paragaph1 of the preceding Article shall be stipulated by the Ministry of National Defense.
Article 17
The personnel serving Reserved Service of Standing Officers or Standing Non-commissioned Officers and mobilized to serve Active Service, are allowed to be lifted where they have completed their services or have any of the situations stipulated in Paragraph 1 of Article 14 and Paragraphs 1 of Article 15.
Article 18
Standing Officers and Non-commissioned Officers that have completed their Active Services and have any of the following situations, are allowed for extension:
Subparagraph 1 During a war or contingency.
Subparagraph 2 During sailing or on duty abroad.
Subparagraph 3 During important military exercise, parade or serving a special duty.
Subparagraph 4 Due to natural calamities or other inevitable accidents.
The personnel that have reached the maximum years of service or age, their specialties are necessary for military, and they have willingness to continue Active Services, are allowed for extension until they reach the age of discharge. The qualification of specialty and procedure of application shall be stipulated by the Ministry of National Defense.
The extension stipulated in Subparagraph 1 of Paragraph 1 is limited to six months from the end of the war or contingency; and the extensions stipulated in Subparagraphs 2 to 4 shall be ended when the reasons disappeared.
When the extension periods stipulated in Paragraphs 1 and 2 expire or the reasons disappeared, the personnel are allowed for a retirement, lifting of mobilization or suspension.