Non-Departmental Public Bodies Act Article 23

Where the employment contract of a current contract-based worker hired by the Original Authority (Agency) according to the Contract-based Worker Employment Act or the Regulations on Contracted Employment of the Executive Yuan and Its Subordinate Agencies (hereinafter referred to as the “Original Authority’s Contract-based Worker”) has not expired, and this worker declines to be transferred to the non-departmental public bodies and resigns from the position on the date of the restructuring of the authority (agency), he/she will be subject to the Regulations of Granting Severance Savings Fund for Contract Employees of Government Agencies and Public Schools, and will receive an additional lump sum remuneration equivalent to seven months of salary according to his/her salary of the last month before his/her resignation. If the contract of the worker is soon to expire, he/she will receive a remuneration calculated based on the number of months of his/her early termination of employment.Where the worker withdraws from the Public Servants Insurance, he/she will receive a compensation for any loss of years of insurance coverage.If this worker holds a paid position in a government agency or a non-departmental public body within seven months after the effective date of his/her resignation, that government agency or non-departmental public body shall collect or deduct from his/her salary the full amount of the previously received remuneration and transfer it to the treasury. If this worker re-joins the Public Servants Insurance and upon the collection of the Old-Aged Benefits, the insurer shall deduct his/her compensation received previously for the loss of years of insurance coverage and return the amount to the superior authority of the Original Authority (Agency) without being subject to the restrictions set forth in Article 18 of the Civil Servant and Teacher Insurance Act, whereby the insured’s or beneficiary’s right to receive insurance pay may not be subject to transfer, offset, attachment or guarantee.Where the amount of Old-Aged Benefits applied is lower than the original compensation, only the amount of compensation which is equivalent to the amount of Old-Aged Benefits needs to be returned.The compensation prescribed in the two preceding paragraphs for the loss of years of insurance coverage under Public Servants Insurance shall be subject to the payment standards prescribed in Article 14 of the Civil Servant and Teacher Insurance Act.An Original Authority’s (Agent’s) Contract-based Worker who is transferred to the non-departmental public bodies on the date of the restructuring of the authority (agency) shall apply for a resignation on the same day, and receive Termination Pay Savings pursuant to the Regulations of Granting Severance Savings Fund for Contract Employees of Government Agencies and Public Schools without an additional remuneration equivalent to seven months of salary, and the worker shall be employed according to the personnel regulations enforced by the non-departmental public bodies. Where the worker loses his/her years of insurance coverage due to his/her withdrawal from the Public Servants Insurance, the compensation prescribed in the two preceding paragraphs shall be applied to cover his/her loss.Where a current employee of the Original Authority (Agency) employed under the Executive Yuan and Subordinate Agencies Contracted-Employment Regulations is subject to the Labor Standards Act, the Termination Pay Savings set forth in Paragraph 1 and the preceding paragraph are not applicable, and the worker shall receive retirement payment or severance benefit pursuance to the Labor Standards Act and the Labor Pension Act.