Act for Adjustment of Functions and Organizations of the Executive Yuan Article 14

When an agency has to be downsized in conjunction with the organizational adjustment of the Executive Yuan, a security guard employed pursuant to the Regulations Governing the Establishment of Security Guards by Agencies, Schools and Organizations may take voluntary retirement, if he/she is eligible under Subparagraph 1 or 2, Paragraph 1 of Article 11 and with the consent of their employing agency.When an employee specified in Paragraph 1 of Article 11 wants to retire within the preferential retirement term but does not meet to the requirements of retirement, the employee may apply for severance.An employee specified in Paragraph 1 should receive retirement pension, or severance payment, in accordance with the Regulations Governing the Establishment of Security Guards by Agencies, Schools and Organizations, and an additional one time monthly payment of salary at the maximum amount equivalent to 7 months of his/her monthly salary. A security guard applying for deferred voluntary retirement or severance should begin to receive an additional monthly payments of salary, starting from the first day of the preferential retirement/severance term set out in Paragraph 1 of Article 11, for each month of delay, to reduce the amount by one-month salary payment, until the expiration of the preferential retirement/severance term, after which no such payment should be provided.When a security guard’s effective date of age-mandated or compulsory retirement falls within the preferential retirement/ severance term specified in Paragraph 1 of Article 11, the security guard should receive additional monthly payments of salary at the amount equivalent to their total monthly salaries for the number of months of their early retirement.It should be permissible to apply the procedure specified in Paragraph 3 of Article 12 to determine the period of one month referred in the preceding two paragraphs.For a retired or severed employee specified in Paragraphs 1 and 2 has been reemployed within 7 months starting from the effective date of retirement or severance, the reemploying agency should reclaim pro rata the excess amount of the additional monthly payments of salary and return the payments to the original paying agency, transferred or merged agency, or the superior agency.The additional monthly payments of salary mentioned in Paragraphs 3 and 4, and preceding paragraph refers to the sum calculated from the month of effective retirement or severance of the monthly salary (seniority pay) and the professional allowance, and the supervision allowance. These additional monthly payment of salary should be paid by the original agency of service with its designated budget founds.
中文原文 行政院功能業務與組織調整暫行條例第14條
各機關依各機關學校團體駐衛警察設置管理辦法進用之駐衛警察配合行政院組織調整須精簡,且符合第十一條第一項第一款或第二款條件,並經服務機關同意者,得辦理自願退職。
前項人員於第十一條第一項所定優惠退離期間不符退職條件者,得辦理資遣。
第一項人員之退職金、前項人員之資遣費標準,除依各機關學校團體駐衛警察設置管理辦法辦理外,並一次加發七個月月支薪津;延後自願退職、資遣者,自第十一條第一項所定優惠退離期間起始日起,每延後一個月減發一個月之月支薪津,遞減至優惠退離期間期滿,不再發給。
駐衛警察屆齡命令退職生效日係於第十一條第一項所定優惠退離期間內者,其加發之月支薪津,依提前退職之月數,每提前一個月發給一個月之月支薪津。
前二項所稱一個月期間之計算,準用第十二條第三項規定。
第一項及第二項人員,於退職或資遣生效日起七個月內,再任有給公職時,應由再任機關按比例收繳原加發之月支薪津,並繳回原給與機關或整併改隸機關或上級主管機關。
第三項、第四項及前項所稱月支薪津,指退職、資遣當月所支薪俸、專業加給及主管職務加給。
加發月支薪津所需預算,由原服務機關編列預算支應。

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