Act for Adjustment of Functions and Organizations of the Executive Yuan Article 17

When any of employees specified in Paragraph 1 of Article 13, withdraws from the Civil Servant and Teacher Insurance (hereinafter referred to as the “Government Insurance”), he/she should be permitted to receive the payment of old-age benefit on the Government Insurance in conformity to the provisions, and in addition, it should be permissible to receive compensation for the loss of seniority earned on the Government Insurance in accordance with the payment criteria specified in Article 14 of the Civil Servant and Teacher Insurance Act.When any of the employees specified in the preceding paragraph has received the compensations and later re-participated in the Government Insurance to receive the payment of old-age benefit, the underwriter should withhold the compensations being received, and the compensations should not be subject to the restrictions that compensation may not be the object of assignment, offset, detain, or guarantee, specified in Article 18 of the Civil Servant and Teacher Insurance Act. However, if the amount of received payment of old-age benefit is less than the amount of the compensation, only the amount of the compensation equivalent to the amount of received payment of old-age benefit should be returned.The compensation specified in Paragraph 1 should be provided from designated budgets of the original agency. The underwriter should return the funds withheld in conformity to the preceding paragraph to original compensation paying agency.
中文原文 行政院功能業務與組織調整暫行條例第17條
第十三條第一項人員,於退出原參加之公教人員保險(以下簡稱公保)時,除符合規定得請領公保養老給付者外,其損失之公保已投保年資,準用公教人員保險法第十四條規定之給付基準,發給補償金。
前項人員所領之補償金於其將來再參加公保領取養老給付時,承保機關應代扣原請領之補償金,不受公教人員保險法第十八條不得讓與、抵銷、扣押或供擔保之限制。
但請領之養老給付較原請領之補償金額低時,僅繳回所領之養老給付同金額之補償金。
第一項補償金由原服務機關編列預算支應;承保機關依前項規定扣回之款項,應繳還原補償金發給機關。

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