Act for Adjustment of Functions and Organizations of the Executive Yuan Article 11

When an agency has to be downsized in conjunction with the organizational adjustment of the Executive Yuan, a civil servant employed by the agency may, within 7 months before the agency’s functional adjustment takes effect and with the consent of their employing agency, take voluntary retirement without being subject to the restrictions set forth in Subparagraph 2, Paragraph 1 of Article 4, of the Civil Service Retirement Act, provided the civil servant meets one of the following conditions:1.A civil servant who has served over 20 years.2.A civil servant who has served over 10 years and has at least attained the age of 50 years.3.A civil servant who has served at one’s highest job grade with the highest attainable seniority pay for at least 3 years.A civil servant applying for retirement according to Subparagraph 1 of the preceding paragraph and having at least attained the age of 55 years may elect to receive monthly retirement pension or combination of different options of retirement pension. A civil servant applying for retirement according to Subparagraph 2 and Subparagraph 3 of the preceding paragraph should only be eligible for a lump sum retirement pension.Where a civil servant is not eligible during the period specified in Paragraph 1, the civil servant may apply for severance.
中文原文 行政院功能業務與組織調整暫行條例第11條
公務人員配合行政院組織調整須精簡者,且符合下列情形之一者,得於組織業務調整生效日前七個月內,經服務機關同意後辦理自願退休,不受公務人員退休法第四條第一項第二款規定之限制:
一、任職滿二十年以上。
二、任職滿十年以上,年滿五十歲。
三、任本職務最高職等年功俸最高級滿三年。
依前項第一款規定辦理退休之公務人員,年滿五十五歲者,得擇領或兼領月退休金。
依前項第二款及第三款規定辦理退休者,僅得支領一次退休金。
於第一項規定期間內不符合退休條件之公務人員,得辦理資遣。

English translation for reference only; the Chinese text prevails. Not legal advice.