Act Governing Relations between the People of the Taiwan Area and the Mainland Area Article 4-1

The civil servants transferred to the institution or private organization referred to in the preceding Article shall be permitted to return to government services, and when they return, the length of their service at the referred institution or organization may be added to their years of service as civil servants. This provision shall apply mutatis mutandis to those who were transferred prior to the entering into force of this Act or the amendments to this Act.For the civil servants who do not return to government services after being transferred to the institution or private organization referred to in the preceding Article and receive the retirement benefits, layoff or death compensation from the referred institution or private organization, the Mainland Affairs Council, Executive Yuan shall make the budget to pay them for the years of their service as civil servants before and after the implementation of the new retirement and compensation scheme, based on the lump-sum payment criteria provided for in the relevant laws and regulations governing retirement and compensation scheme applicable to them before their transfer.For the civil servants who return to government services after being transferred to the institution or private organization referred to in the preceding Article or who receive retirement benefits, layoff or death compensation from the referred institution or private organization, the length of service for which they have received benefits or compensation shall not be calculated in addition thereto.Rules governing the transfer arrangement, return, calculation of the length of service, ranking determination and any other requirements referred to in Paragraph 1 shall be prescribed by the Examination Yuan in conjunction with the Executive Yuan.Rules governing the lump-sum payment criteria, the calculation, and budget making shall be prescribed by the Executive Yuan.