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Title: Regulations of the Condolence Supplement for Disablement and Death of Public Servants CH
Abolished Date: 2004-01-27
Category: Central Personnel Administration(行政院人事行政局)
Article 1
In order to increase the morale of the Civil Service and eliminate worries and concerns of personnel, the Condolence supplement is specially instituted for Civil Servants who are injured, disabled or who die while on duty.
Article 2
This measure covers: all employees either within or outside the organization,that have no monthly pay,that are on a daily pay rate,or paid on a case-by-case basis on whatever level of Government Agency or Public School.However those who are being assigned to work in the Representative Offices in foreign countries are already covered in other national law, are not included in this Regulation.
Article 3
The terms “injury”,”disablement” or “death” stated in this Regulation refers to any caused by the following incidents:1 Accidents occurring on duty.2 Danger encountered during a business trip.3 Accidents occurring in government offices.
Article 4
The capital sum set against the degree of disablement are as follows:1 The amounts payable for Injury are as follows:(1)Serious life-threatening injury requiring hospitalization: NT$100,000.(2)Serious injury threatening disablement and requiring hospitalization: NT$80,000.(3) Serious injury requiring more than 30 days of hospitalization: NT$40,000.(4)Hospitalized for more than 21 days but less than 30 days:NT$30,000.(5)Hospitalized for more than 14 days but less than 21 days:NT$20,000.(6)Hospitalized for less than 14 days or not hospitalized but requiring medical treatment more than seven times:NT$10,000.(7)If the above situations were caused in connection with their duties, an additional supplement of 30% is added to the above amounts .(8)For the above situations listed from Item 3 to Item 7, each Agency/School is required to set up standard coverage to distribute the compensation with due consideration for its financial situation.2 The amounts payable for Disabled Employees are as follows: (1) NT$ 1.2 Million for total disablement; NT$ 600,000 for semi-disablement; and NT$ 300,000 for partial disablement. (2) Total disablement caused due to performing a dangerous job,NT$ 2.3 Million; NT$ 1.2 Million for semi-disablement; and NT$ 600,000 for partial disablement. (3) Total disablement caused due to risking own life,NT$ 3 Million; NT$ 1.5 Million for semi-disablement; and NT$ 800,000 for partial disablement.3 The amounts payable for Deathare as follows: (1) NT$ 1.2 Million to the family of the deceased. (2) For Death as a consequence of performing a dangerous job: NT$ 2.3 Million to the family of the deceased. (3) Death as a consequence of risking own life,NT$ 3 Million to the family of the deceased.A Civil Servant who intentionally injures or kills him/herself or suffers likewise from their own serious negligence will either be given a reduced supplement or not be entitled to the above stated amounts at all.The expression “Risking Own Life” stated above refers to a Civil Servant facing any danger, known in advance, that may cause injury, disability, or death, but still risks their life to perform the job. The so called “ Dangerous Job ”refers to any job performed by a Civil Servant that may be dangerous, compared to an ordinary job, in such a way as to cause injury, disablement,or death.The degree of disablement specified in Subparagraph 2 of Paragraph 1 are based on the Civil Servants Insurance Disability Compensation Standards.
Article 5
For Civil Servants who are injured or disabled while on duty, the compensating supplement for disablement or death is computed by: the total number of days hospitalized; the number of days of the seventh medical treatment not requiring hospitalization; or that within 180 days from the day he/she had been confirmed disabled; the degree of disablement became more serious or the person died.
Article 6
For the family of the deceased who is receiving the condolence supplement,the method of receiving or the loss of the right to receive, are handled in accordance with the regulations instituted in Articles 8 and 10 of the Civil Service Indemnity Law 。
Article 7
When this regulation is implemented,no agency/school can purchase another insurance policy for such employees as defined above except for those whose insurance was processed according to the law.Civil Servants who were already given a condolence supplement in accordance with the articles instituted in this regulation or other laws,are only entitled of the difference after deducting the amount already given; and for those who have already given enough amount of condolence supplement in accordance to the standard being defined in this regulation will not be given again.
Article 8
Application Procedures and Responsibility for Approval of the Condolence Supplement are as follows:1 Application Procedures:(1) A Civil Servant who is injured while on duty,should submit two copies of a “Condolence Supplement Application Form for Civil Servants Injured While On Duty”, clearly describe how the injury happened, within three months from the date of the incident. The application should include a “Medical Certification” issued by a hospital that has been appraised to be a qualified area hospital by the Central Health Agency,and apply to the agency/school where he/she is employed; If the Civil Servant is an employee of a local agency/school,that agency/school must follow its administrative procedures and submit the application to the relevant agency for approval and distribution.(2) A Civil Servant who is disabled while on duty,should submit two copies of a “Condolence Supplement Application Form for Civil Servants Disabled While On Duty”, within 3 months from the day he/she is confirmed to be disabled. The application should include a “Certification for Civil Servants Disabled While on Duty” issued by the employing authority and a “Disability Level Certification” issued by a hospital that has been appraised to be a qualified area hospital by the Department of Health ,and follow its administrative proceedings when submitting to the relevant agency for approval and distribution.(3) A Civil Servant who dies while on duty,should have submitted on his/her behalf, two copies of a “Condolence Supplement Application Form for Civil Servants killed While On Duty”, within 3 months from the date of death. The application should include a “Civil Servant Died While on Duty” document and “Death Certificate” issued by the employing authority and qualified hospital and, following its administrative procedures, when submitting to the relevant establishment for approval and distribution. (4) A Civil Servant hospitalized due to injury or not hospitalized but needing treatment seven times,but later becoming disabled or died due to the injury turning serious, or whose disability level later becomes more serious or leads to death, and who had previously applied for condolence supplement in accordance with the disability level or death, the re-application should be submitted within three months from the date the disability level or death is confirmed, and be processed as above. (5) A Civil Servant who, because of conditions beyond their control, cannot apply by the closing dates as set out in items 1-4, will have the deadline counted from the date of the application. (6) For a Civil Servant who is injured, disabled or dies while on duty,the employing authority Personnel office should assist the employee or the family in filling up the forms and applying for the Condolence Supplement.2 Responsibilities for Approval: (1) Injury Compensation : the Central Agencies and its subordinating school employees, must be approved by the employing authority; the Local agency and its subordinating school employees,must be approved by its relevant City Government, City Council,County (City) Government, County (City) Council. (2) Disability/Death Compensation: to be Approved by the National Assembly, Presidential Office,National Security Council,Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan, Ombudsman Yuan, City Government or City Council whose jurisdiction they are under.
Article 9
The Condolence Supplement Fund is supplied through the following methods::1 Injury Compensation : From the budget of each agency/school.2 Disability / Death Compensation:the Central Government and its subordinating schools are budgeted by the Central Administration of the Executive Yuan; the National Assembly,Presidential Office, National Security Council, Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan, Ombudsman Yuan, all of which should request the Central Personnel Administration of the Executive Yuan to handle distribution of the supplement after approval;Local Government and its subordinating schools are separately budgeted by the City Government or County (City) Government,whose jurisdiction they are under, all Town (Municipal / City) Halls are separately funded through their budgets; In accordance with the Budgeting Law Article 4,those Agencies that have established a special fund agency, are funded through their budget.Those who do not have it included in their annual budget,are funded through the relevant provisions of the annual budget of the Central Government Agencies, the City Government or Town (City) Government,whose jurisdiction they are under, or Special Fund Agency.
Article 10
State-owned Enterprise employees,are handled by each Responsible Agency in accordance with the articles stated in this regulation; the necessary funds should be included in the budget of each agency.
Article 11
The format of the forms used in this regulation will be separately designed.
Article 12
This regulations is to be implemented on the date of Publication.
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