Chapter I General Provisions
Article 1 This Act is enacted pursuant to Article 32 of the Civil Service Employment Act and Article 3 of the Police Act.
Article 2 Police personnel management shall be governed by this Act. If the matters are not specifically provided in this Act, other laws shall apply.
Article 3 Police personnel herein refer to the officers appointed and ranked in accordance with this Act to carry out police assignments.
Article 4 The ranks and positions of police personnel are separate. Police personnel’s ranks are ensured while positions can be transferred. Police personnel cannot not be stripped of their ranks and positions unless otherwise permitted by the law.
Article 5 Ranks for the police are classified into selected rank, recommended rank and delegated rank. Selected rank is divided into the special, first, second, third, and fourth class, among which the special class is the highest. Both recommended rank and delegated rank are divided into the first, second, third and fourth class, among which the first class is the highest.
Article 6 Prior to appointment, prospective officers shall be vetted about their personal integrity, loyalty, behavior, and physical and mental health by the organizations or schools they are going to serve. If necessary, a request for assistance in the vetting from relevant authorities may be filed.
The regulations governing whom and what should be vetted and how the vetting should be conducted shall be formulated by the Ministry of the Interior.
Prior to appointment, attention shall be paid to a prospective officer’s intelligence, fitness, knowledge, experience and leadership competence, and their capabilities to adapt to local environments, languages, customs, habits and ambience shall also be taken into account.
Article 7 Newly appointed police officers shall swear an oath as follows: ”I swear solemnly that I will well and truly abide by national laws and dedicate myself to serving our country; perform the duties and exercise the power by the law. I will serve the people to my best of knowledge and skill in a humble and peaceful manner. Should I break my oath, I shall be liable to the most severe punishment. This is my solemn oath.”
Article 8 Titles of police personnel shall be named in accordance with the Organization Acts of police authorities at all levels.
Article 9 Police personnel shall be managed by the Ministry of the Interior or by the municipal governments.
Chapter 2 Appointment
Article 10 The age ceilings for the newly appointed police officers at all ranks are as follows:
1. Delegated rank: 40 years old.
2. Recommended rank: 45 years old.
3. Selected rank: 50 years old.
The age ceilings do not apply to those who are appointed to a higher rank through promotion.
Article 10-1 The personnel prescribed in Article 6 with any of the following conditions shall not be appointed:
1. A person who violates any of the provisions set forth in paragraph 1, Article 28 of Civil Service Employment Act.
2. A person who has been dismissed from civil service in accordance with the Civil Service Performance Evaluation Act, been discharged in accordance with the Public Official’s Discipline Act or been dismissed in accordance with other relevant laws due to individual misconducts.
3. A person who has been listed as crime-prone individuals in accordance with any subparagraph of Paragraph 1, Article 15 of the Police Power Exercise Act.
4. A person who has committed and been convicted of crimes prescribed in Article 268 of Criminal Code and Article 267 and 350 of Criminal Code before the amended articles came into force on July 1, 2006.
5. A person who has been put in pre-trial detention or wanted in accordance with criminal procedures.
6. A person who has been expelled or excluded from Central Police University, Central Police College, Taiwan Police College or military academies.
7. A person who has been prohibited from serving as a public official in accordance with other relevant laws.
Any police officer who is found to have any of the conditions prescribed in the preceding paragraph after been appointed, their appointment shall be withdrawn.
The conduct, pay and vetting results for police officers whose appointment has been withdrawn in accordance with the preceding paragraph, shall be handled in accordance with Public Service Employment Act.
Article 11 The qualifications for the appointment of police officers are as follows:
1. Any person who has passed the police examination.
2. Police officers who have been promoted to a higher rank in accordance with the law.
3. Any person who had served as a police officer before this Act came into force and their qualifications have been reviewed in accordance with the law.
In addition to the qualifications described in the preceding paragraph, any person to be appointed to the position of the third class of the recommended rank or higher shall have graduated from or have completed training at the Central Police University or Central Police College; any person to be appointed to the position of the fourth class of the recommended rank or below shall have graduated from or have completed training at the Central Police University , Central Police College, Taiwan Police College or Taiwan Police Academy.
Article 12 Police personnel who have passed the national examination for police officers are eligible for the following appointments:
1. A person who has passed Senior Examination First Level or Special Examination First Level for Police Officers is eligible to be appointed to the first class of the recommended rank.
2. A person who has passed Senior Examination Second Level or Special Examination Second Level for Police Officers is eligible to be appointed to the third class of the recommended rank.
3. A person who has passed Senior Examination Third Level or Special Examination Third Level for Police Officers is eligible to be appointed to the fourth class of the recommended rank.
4. A person who has passed Junior Examination or Special Examination Fourth Level for Police Officers is eligible to be appointed to the third class of the delegated rank.
5. A person who has passed Elementary Examination or Special Examination Fifth Level for Police Officers is eligible to be appointed to the fourth class of the delegated rank.
In the event that no corresponding positions are available for those who have passed any of the examinations specified in Subparagraph 1 to 3 of the preceding paragraph, they may be temporarily appointed to a position with the rank one class lower.
Article 13 Regulations governing public officials’ grade advancement based on their annual performance evaluation (APE) also apply to police personnel’s class advancement.
Article 14 Passing promotion tests is required for police personnel to be promoted to a higher rank.
Police personnel who meet one of the following qualifications, and whose qualifications to serve in the current position have been reviewed by the Ministry of Civil Service, whose latest three years’ APEs are graded two As and one B or better, whose salary level is the highest of the first class of the recommended rank and who has received promotion training on the selected rank are entitled to be appointed to the fourth class of the selected rank:
1. A person who has passed Senior Examination or its equivalent Special Examination for police personnel, and served the position of the first class of the recommended rank for three years after their qualifications to serve in the current rank have been reviewed by the Ministry of Civil Service.
2. A person who has graduated from Central Police University or Central Police College with a bachelor degree or higher and has served in the position of the recommended rank for more than six years after their qualifications to serve in the current rank has been reviewed by the Ministry of Civil Service.
Under special circumstances may police personnel specified in the preceding paragraph be assigned to the position of the selected rank first and receive training within one year after the assignment. The rule which specifies a candidate is qualified for promotion to the selected rank only after they have successfully completed the promotion training does not apply under this special circumstances. The exception however, is only valid for five years after the amended articles of this Act came into force on June, 15, 2007.
If police personnel who are required to receive makeup training fail to take or pass the training, their qualifications to be appointed to the selected rank shall be revoked and shall be reappointed to the recommended rank.
Police personnel who meet any of the following qualifications and whose qualifications to serve in the current position of the first class of the delegated rank have been reviewed by the Ministry of Civil Service, whose latest three years’ APEs are graded two As and one B or better, whose salary level is the highest of the first class of the delegated rank and who has completed the recommended rank promotion training are entitled to be appointed to the fourth class of the recommended rank:
1. A person who has passed Junior Examination or the 4th grade of Special Examination for Police Officers and served the position of the first class of the delegated rank for three years after their qualifications to serve in the current rank has been reviewed by the Ministry of Civil Service.
2. A person who has graduated from Taiwan Police Academy or Taiwan Police College’s police programs and has served the first class of the delegated rank for over ten years after their qualifications to serve in the current rank have been reviewed by the Ministry of Civil Service, or who has graduated from Taiwan Police Academy or Taiwan Police College’s Advanced Police Program or Central Police College, Central Police University’s two-year program and has served the first class of the delegated rank for over eight years after their qualifications to serve in the current rank have been reviewed by the Ministry of Civil Service, or who has graduated from Central Police University ,Central Police University’s four-year program with a bachelor degree or higher and has served the first class of the delegated rank for over six years after their qualifications to serve in the current rank have been reviewed by the Ministry of Civil Service.
Police personnel specified in the preceding paragraph shall be subject to the restrictions prescribed in Paragraph 2 of Article 11 and they can only serve positions of or lower than the third class of the recommended rank. Nonetheless, police personnel with a master degree and whose latest five years’ APEs are graded four As and one B or better are entitled to serve the position as high as the second class of the recommended rank.
Regulations governing the training period, the training method, training qualifications, quota allocation and selection, performance evaluation, extension of training, termination of training, training exemption, abolishment of training qualifications, retention of training qualifications, training costs and other related matters specified in Paragraph 2 and 5 shall be enacted by the Examination Yuan.
Article 14-1 The number of years in service and APE results between police personnel and general administrative staff and technicians who are qualified to be appointed as police personnel prescribed in the organization act of a police organization or a police academy are interchangeable if their ranks are equivalent. The abovementioned police personnel and general administrative staff and technicians can be appointed interchangeably in accordance with Article 13, Paragraph 2, 5 of the preceding Article and Paragraph 1 of the Civil Service Performance Evaluation Act’s Article 11, and paragraph 2, 5 of the Civil Service Employment Act’s Article 17.
Article 15 In the event that a police officer’s appointment of the current rank had been reviewed and approved in accordance with the law before this Act came into force, their rank shall be converted according to the following principles:
1. Senior rank shall be converted to selected rank.
2. Junior rank shall be converted to recommended rank.
3. Elementary rank shall be converted to delegated rank.
Article 16 The appointment of police officers to all ranks or all classes of the selected rank shall be subject to the following procedures:
1. The appointment of police officers of the selected rank and the recommended rank shall be proposed by the Ministry of the Interior to the Ministry of Civil Service to be reviewed, and approved by the president.
2. The appointment of police officers of the delegated rank shall be proposed by the Ministry of the Interior to the Ministry of Civil Service for review and approved or be proposed by municipal governments to the Ministry of Civil Service for review and approved by the Ministry of the Interior.
Chapter 3 Position Assignment
Article 17 Newly appointed police personnel who have no relevant experience to hold the position or have experience to hold the position one class lower for less than six months shall be subject to a probationary period of six months. Police personnel who pass the probationary period shall be formally appointed while those who fail it shall be dismissed.
Officers under probationary periods shall be deemed to have failed it if any of the following circumstances applies: (1) Paragraph 2 of Civil Service Employment Act’s Article 20, or (2) Any of the conditions that are punishable by one major reprimand in accordance with the Reward and Punishment Standard for Police Personnel, enacted pursuant to Article 28 of this Act.
Students who graduate from Central Police University, Central Police College, Taiwan Police College or Police Academy after having completed internships and passed examinations before being assigned to their posts shall be exempt from the probationary period.
Article 18 Positions to which police officers are assigned shall be subject to the regulations of each police organization’s or school’s organization act and shall match officer’s rank and class. In the event that no officers with the required rank and class are available to be assigned to a specific position, a senior officer with good job performance, despite ranked one class lower, may be assigned to the position. An officer ranked one class higher may be assigned to a lower position under special circumstances.
Qualifications for different positions along with their tasks shall be delineated in the table of positions and corresponding ranks and classes; if necessary, one position may open to two or three classes.
The above-mentioned table of positions and corresponding ranks and classes shall be formulated by the Ministry of Civil Service in coordination with relevant agencies under the Executive Yuan after taking into account the degree of responsibilities and the nature of tasks for each position, pending the approval of the Examination Yuan.
If the positions and corresponding ranks and classes prescribed in the organization acts of the organizations subject to this Act, contradict the table of positions and corresponding ranks and classes in this Act before its amendment came into force on May 21, 1997, the provisions in the table of positions and corresponding ranks and classes shall apply temporarily. Nevertheless, if police organizations’ or schools’ organization acts are amended or formulated after May 21, 1997, the provisions in the organization acts shall apply.
Article 19 Supervisors of all levels and personnel holding specialized positions in a police organization may be cultivated through promotion education or professional training.
Article 20 The promotion and position transfer for police personnel shall take into consideration of personal merits and performance, and differences in the missions and job requirements for a police organization or police school. It shall be conducted in line with the principles of paying equal attention to personal experience and achievements and balancing internal and external promotion and shall be transparent, fair and impartial. The candidates who are most qualified shall be promoted or transferred to other positions to gain work experience, so as to promote and nurture outstanding police personnel.
Police personnel with special merits should be promoted. A public meeting shall be convened by the National Police Agency to review the promotion.
If the qualifications for police personnel who shall be promoted in accordance with the preceding paragraph are insufficient, their promotion shall be deferred until their qualifications been fulfilled. If their appointment qualifications do not meet those described in the lowest rank of the target position in the table of positions and corresponding ranks and classes, they shall be promoted to one class higher and be exempt from the provisions of Article 13.
The promotion of police personnel is not subject to the Regulations of Civil Service Promotion Act. Its scope, manner of implementation, limitation and other relevant matters should be formulated by the Ministry of the Interior.
Article 21 The power to select and appoint officers of various ranks is divided as follows:
1. Officers of the selected rank should be selected and appointed by the Ministry of the Interior or be proposed to the Executive Yuan to be selected and appointed.
2. Officers of the recommended rank and delegated rank should be selected and appointed by the Ministry of the Interior or by authorized municipal governments.
Chapter 4 Remuneration
Article 22 The remuneration of police personnel can be divided into basic salary (seniority pay) and additional pay; both are calculated on a monthly basis.
The salary level and the amount of basic salary and seniority pay are presented in Attachment 1.
The transfer between police personnel, general administrative and technical staff is subject to the provisions of this Act. The provisions of Civil Service Employment Act and Civil Service Pay Act are also applicable. The conversion of ranks, classes and salary levels between two systems shall be done in accordance with the regulations of attachment 2.
Article 23 The basic salary for newly appointed police personnel of the recommended rank or delegated rank is as follows:
1. A person who has passed Senior Examination First Level or Special Examination First Level for Police Officers is eligible to be appointed to the first class of the recommended rank. They shall be paid at class 1 level 3 if they are appointed to the first class of the recommended rank. They shall be paid at class 2 level 1 if they are appointed to the second class of the recommended rank.
2. A person who has passed Senior Examination Second Level or Special Examination Second Level for Police Officers is eligible to be appointed to the third class of the recommended rank. They shall be paid at class 3 level 3 if they are appointed to the third class of the recommended rank. They shall be paid at class 4 level 1 if they are appointed to the fourth class of the recommended rank.
3. A person who has passed Senior Examination Third Level or Special Examination Third Level for Police Officers is eligible to be appointed to the fourth class of the recommended rank. They shall be paid at class 4 level 3 if they are appointed to the fourth class of the recommended rank. They shall be paid at class 1 level 1 if they are appointed to the first class of the delegated rank.
4. A person who has passed Junior Examination or Special Examination Fourth Level for Police Officers is eligible to be appointed to the third class of the delegated rank. They shall be paid at class 3 level 3.
5. A person who has passed Elementary Examination or Special Examination Fifth Level for Police Officers shall be paid at class 4 level 6 of the delegated rank.
Article 24 The pay for the reassigned active personnel pursuant to Article 15 shall be according to their redesigned level and rank; personnel whose original pay are higher than that of their new levels and ranks should be paid as their original stipends.
Article 25 The advance in basic salary and seniority pay shall be made in accordance with Article 32 of the Act.
Article 26 Police personnel who have been promoted to a higher class shall be paid at the lowest salary level of that class; personnel who have originally been paid at a salary level higher than the lowest salary level of the class they are promoted to should be paid at the equivalent salary level of the higher class.
Police personnel who have been promoted to a higher rank shall be paid at the lowest salary level of that rank; personnel who have originally been paid at a salary level higher than the lowest salary level of the rank they are promoted to should be paid at the equivalent salary level of the higher rank.
Police personnel transferred to positions of the lower class at the same rank shall still be appointed to the same class and be paid at the same salary level.
Article 27 The additional pay for police personnel are divided into five types, namely-duty additional pay, technical additional pay, professional additional pay, supervisory differential pay and regional additional pay, and shall be prescribed by the Executive Yuan.
Chapter 5 Conduct Assessment and Performance Evaluation
Article 28 The types of rewards and punishments for police personnel’s regular conduct assessment are subject to the regulations of the Civil Service Performance Evaluation Act.
If police personnel whose rewards in their regular conduct assessment have been recorded at two excellent merits after been offset by their reprimands, their APE shall not be graded below Grade A; whose rewards in their regular conduct assessment have been recorded at one excellent merit after been offset by their reprimands, their APE shall not be graded below Grade B, whose punishments in their regular conduct assessment have been recorded at one major reprimand after been offset by their merits, their APE shall not be graded above Grade C.
The reasons and range of rewards and punishments, supervision responsibility and the standards of other relevant matters shall be formulated by the Ministry of the Interior apart from being subject to the provisions prescribed in the Act.
Article 29 Police personnel with any of following conditions shall be suspended from post immediately:
1. Police personnel who have being prosecuted on charges of offenses against internal security or treason pending a verdict by the court of first instance.
2. Police personnel who have being prosecuted on charges of corruption, dereliction of duty or robbery pending a verdict by the court of first instance. However, dereliction of duty which carries a maximum sentence of three years shall be excluded.
3. Police personnel who have being prosecuted on charges of taking advantage of their posts to commit fraud, embezzlement, or intimidation pending a verdict by the court of first instance. However, an offence which carries a maximum sentence of three years shall be excluded
4. Police personnel have been found guilty by a court of law for having committed crimes specified in the preceding three subparagraphs and the verdicts are subject to appeal. Or Verdicts on the charged police personnel have been withdrawn and their cases are sent back to a court of lower instance for retrial or to be tried, and previously they have be found guilty by all courts of lower instance.
5. Police personnel have been sentenced to imprisonment by a court of law for having committed crimes other than those specified in Paragraph 1 to 3 without being grated probation or replacement of imprisonment by a fine. Or verdicts on the charged police personnel have been withdrawn and their cases are sent back to a court of lower instance for retrial or to be tried. The sentence by the court of previous instance is imprisonment and is still subject to appeal; no probation is declared and imprisonment sentence cannot be replaced by a fine.
6. Police personnel who have being wanted or been put in pre-trial detention. However, those who are wanted for offenses against the internal security or treasons, corruption and robbery shall be processed in accordance with regulations of Paragraph 2 or 3 of Article 31.
Police personnel whose violation of the law has been considered severe and been established by substantial evidence, may be suspended from post.
Police personnel who are subject to suspension from post in accordance with paragraph 1 are to be approved by appointing agencies or their authorized agencies and schools, whereas those specified in the preceding paragraph should be approved by the competent authorities.
Article 30 Police personnel who have been suspended from post should be reinstated if a decision of non-prosecution, deferred prosecution or a not guilty verdict is made and their administrative liabilities do not constitute statutory reasons for dismissal.
Police personnel who have been suspended from post may be entitled to reinstatement if any of the following conditions applies:
1. A not guilty verdict is handed down by a court and is subject to appeal.
2. Police personnel are sentenced to imprisonment which has been substituted by probation or a fine for having committed crimes other than those specified in Subparagraph 1 to 3 of the preceding Article’s Paragraph 1.
3. Police personnel who have been removed from a wanted list or been released do not have any of the conditions specified in Subparagraph 1 to 5 of Paragraph 1 and Paragraph 2 of the preceding Article.
Police personnel who have been reinstated in accordance with Subparagraph 1 and 2 of the preceding paragraph shall not be subject to Subparagraph 4 and 5 of the preceding Article’s paragraph 1 before their verdicts are finalized
The reinstatement of police personnel in accordance with Paragraph 1 and 2 of the Article shall be reviewed by authorities which approve their appointment or their authorized agencies or schools.
Article 30-1 Police personnel who are entitled to reinstatement in accordance with Paragraph 2 of the preceding Article shall apply for reinstatement in writing to the authorities or schools which originally approve their suspension from post.
The authorities or schools which originally approve police personnel’s suspension from post shall make the decision within two months after they receive the abovementioned applications. If necessary, the two-month period may be extended and the applicant shall be notified of the extension. Only one extension is allowed and the duration of extension shall not exceed two months.
Police personnel whose reinstatement has been approved shall resume their work within 30 days after they receive the reinstatement notice; failure to meet the deadline, except for grounds not attributable to the applicant, will lead to the revocation of the reinstatement notice and the continuation of suspension from post.
Article 31 Police personnel who have any of the following circumstances shall be dismissed from post by authorities which approve their appointment or their authorized agencies or schools:
1. Any of the conditions prescribed in Subparagraph 1, 2, and 7 of Paragraph 1 of Article 28 of the Civil Service Employment Act.
2. Having been convicted of or wanted for offenses against the internal security or treasons after the termination of Period of Mobilization for the Suppression of Communist Rebellion.
3. Having been convicted of or wanted for corruption or robbery.
4. Having committed crimes other than those specified in the preceding two subparagraphs and having been given a sentence of imprisonment or above without being granted probation; or being commuted to a fine or community service, or with the sentence being commuted to community service but the circumstances which make it necessary to execute the original sentence in accordance with the Paragraph 6 of Article 41 of the Criminal Code arise.
5. Having been declared deprivation of civil rights according to a criminal conviction.
6. Having one of the conditions that are punishable by two major reprimands in accordance with the Civil Service Performance Evaluation Act.
7. Having been wanted for crimes other than those specified in Subparagraph 2 and 3 of this Article for over six months and having not been removed from the wanted list yet.
8. Having been proved that they have intimidated or hurt their supervisors or colleagues with weapons and they thus have seriously damaged police reputation.
9. Having been substantially proved that they have used their positions to commit fraud or extortion and they thus have seriously damaged police reputation.
10. Having been substantially proved that they have used their positions to cover up theft, stolen goods, hoodlums, sex trade, gambling and they thus have seriously damaged police reputation.
11. Having accumulated in the same APE year, regular conduct assessment has recorded at a cumulative of two major demerits after their merits have been offset.
12. Having other circumstances that make them subject to dismissal from their posts or deprivation of their rights to work for the government in accordance with relevant laws.
The order of dismissal from post prescribed in the preceding paragraph’s Subparagraph 6 to 11 shall be enforced after the order is finalized. Before it is finalized, suspension from post shall be imposed first.
Police personnel who are subject to dismissal from post shall also be stripped of their ranks.
Article 32 In addition to provisions stipulated in this Act, regulations of “Civil Service Performance Evaluation Act” are also applicable for the police personnel's performance evaluation.
Article 33 Police personnel who have served in the positions within the same class without being promoted to a higher class or rank for more than ten years and have been advanced to the highest salary level of that class, are entitled to additional rewards listed as follows if their APE are graded as A or B:
1. Grade A: seniority pay advances to one level higher in addition to a bonus equivalent to 1.5 month’s salary; a bonus equivalent to two months’ salary for personnel whose seniority pay has advanced to the highest level.
2. Grade B: seniority pay advances to one level higher in addition to a bonus equivalent to one month’s salary; a bonus equivalent to 1.5 months’ salary for personnel whose seniority pay has advanced to the highest level.
Article 34 The APE shall be conducted in the following procedures:
1. The APE for police personnel at the National Police Agency and its subordinate police organizations, schools, county (city) police departments, and Central Police University shall be approved by the Ministry of the Interior or its authorized police organizations before being reviewed by the Ministry of Civil Service.
2. The APE for police personnel of the selected rank at a municipal police department shall be approved by its municipal government before being sent to the Ministry of the Interior, which will later refer it to the Ministry of Civil Service for review; The APE for the rest of police personnel shall be approved by its municipal government before being reviewed by the Ministry of Civil Service.
Chapter 6 Retirement and Compensation
Article 35 In addition to the following provisions, the regulations of Civil Service Retirement Act are also applicable for the retirement of police personnel:
1. The retirement age for police personnel with the recommended rank or below and whose positions are dangerous and laborious may be lowered in accordance with the provisions of Civil Service Retirement Act.
2. Police officers who are forced to retire in accordance with the Civil Service Retirement Act because of incompetence to carry out their duties due to physical or mental disability caused by violence or harm imposed in the line of duties, are entitled to the pension standard set for those who are hurt or ill when carrying out duties and additional 5 to 15 base units of pension. The base unit is calculated by using the highest seniority pay of the highest rank of their position.
3. Police personnel who have been awarded medals or merit certificates are entitled to additional retirement pension.
The retire pension for police personnel who had had any of the conditions prescribed in subparagraph 2 of the preceding paragraph before the amended articles of this Act came into force on August 19, 2004 and had been paid monthly retire pension since then shall be paid in accordance with the amended articles of this Act starting from the day when they come into force.
Regulations governing the recipients, base units and amount of additional retire pension, and other relevant matters shall be enacted by the Executive Yuan in collaboration with the Examination Yuan.
If the retire pension calculated by the highest salary level of the highest seniority pay of the position police personnel are serving is higher than that calculated by the standard approved by the Ministry of Civil Service, the gap in the amount of retire pension shall be paid from the competent authority’s budget.
Article 35-1 Police personnel suffering total or half disability caused by violence or accidental harm while performing duties are eligible for medical care, home care arrangement and lifelong care under the budget of the competent authority.
Police personnel who had met the requirements specified in the preceding paragraph prior to the implementation of this Act’s amended articles on August 19, 2004 are entitled to the care from the date when the amended articles of the Act came into force.
The standard, the way of and other relevant matters of the care specified in the preceding two paragraphs, shall be regulated by the Executive Yuan.
Article 35-2 Police personnel with one of the conditions specified in Subparagraph 8 or 9, Paragraph 1, Article 28 of the Civil Service Employment Act shall be retired and discharged from service with severance pay.
Article 36 In addition to the following provisions, the regulations of Public Official Compensation Act are also applicable for the compensation of police personnel.
1. The compensation of officers who die in the line of duty shall be calculated with a base unit made of the highest seniority pay and salary level of the position in which they are serving. They are also entitled to additional compensation as those who die at war.
2. Police personnel who have been awarded medals or merit certificates are entitled to additional compensation.
Family members of the deceased officers who die in the line of duty before the implementation of this Act’s amended articles on August 19, 2004 who still receive annual compensation shall be paid in accordance with this Act’s regulations from the date when the amended articles of the Act came into force.
The standard of granting additional compensation prescribed in the Subparagraph 2 of the Paragraph 1 shall follow the same principle as the granting of additional retire pension if no compensation is claimed repeatedly.
If the compensation calculated by the highest salary level of the highest seniority pay of the position police personnel are serving is higher than that calculated by the standard approved by the Ministry of Civil Service, the gap in amount of compensation shall be paid from the competent authority’s budget.
Article 36-1 Police personnel who are injured, disabled or died because of their duties or die in the line of duty shall be entitled to preferential compensation; for police personnel who are totally disabled, their compensation shall be paid in accordance with the standard of those who die in the line of duty. Police personnel who are fully disabled or die while carrying out their duties or died in the line of duty by violence or accidental harm, their compensation shall not be less than twice the amount of compensation for public officials who are disabled or die because of their duties.
The regulations governing the scope of duties specified in the preceding paragraph, compensation recipients, compensation amounts and other relevant matters shall be enacted by the Executive Yuan.
If police personnel are totally disabled, half disabled because of violence or accidental harm, while carrying out their duties or die in the line of duty, their children shall be nurtured to adulthood. If their children have been grown-up and are currently studying, they shall be nurtured until they graduate from universities.
In the event that police personnel had met one of the conditions described in the preceding paragraph before the amended articles of this Act came into force on August 19, 2004, their children shall be granted nurture on the day thereof.
The regulations governing whom shall be nurtured, how it shall be carried out and other relevant matters shall be enacted by the Executive Yuan.
Chapter 7 Supplementary Provisions
Article 37 Police personnel with special contributions or special merits are entitled to special leaves; their deeds, the number of leave days, authorized agencies, schools and other relevant matters shall be prescribed and promulgated by the Ministry of the Interior and sent to the Ministry of Civil Service for review.
Article 37-1 In order to boost morale and promote solidarity among police personnel, police organizations may implement a mutual aid plan. The regulations governing it shall be formulated by the Ministry of the Interior.
Article 37-2 Police organizations may offer monetary incentives to police officers and the personnel that aid police duty or police service to boost their morale and reward their performance. The regulations governing their recipients, categories, conditions, procedures, and other relevant matters shall be determined by the Executive Yuan.
Article 38 In order to meet the needs of future development, the police organizations may select active police officers for advanced study at domestic or foreign universities or colleges. Its regulations shall be formulated by the Ministry of the Interior in collaboration with the Ministry of Education.
Article 39 Provisions of this Act apply to general administrative and technical staff defined in the origination acts of police organizations and schools, except for matters regarding appointment, retirement and compensation.
Regulations governing the position assignment and dismissal, transfer, reward and punishment, APE, salary, retirement and compensation and other relevant matters for the active personnel who were hired in accordance with relevant laws before September 23, 1985 and paid at the same level as public officials of elementary rank shall be formulated by the Ministry of the Interior.
Article 39-1 The personnel matters of coast guard agencies and fire departments shall be prescribed by the competent authority pursuant to the regulations of this Act.
Article 40 The management regulations of establishing police guards in agencies, schools and organizations shall be prescribed by the Ministry of the Interior.
Article 40-1 In the event that students who had been enrolled at Central Police University, Central Police College before 1998 or Taiwan Police College, Taiwan Police Academy before 1999, failed to meet requirements for appointment, they might be paid temporarily at the same level as officers of delegated rank and carry out their duties under the supervision of appointed police officers.
Regulations governing the duty, position assignment and dismissal, transfer, reward and punishment, APE, salary, retirement and compensation and other relevant matters for the personnel who are temporarily paid at the same level as officers of delegated rank specified in the preceding paragraph shall be formulated by the Ministry of the Interior.
The preceding paragraph also applies to personnel who had been hired and paid at the same level as officers of delegated rank in accordance with relevant laws before the amended articles of this Act came into force on June 15, 2007.
Article 41 The enforcement rules of this Act shall be enacted by the Ministry of the Interior in collaboration with the Ministry of Civil Service.
Article 42 This Act shall come into force on the date of promulgation.