Article 4
The military services of the Standing Commissioned Officers and Standing Non Commissioned Officers start from the day of the appointment of their Ranks; While the Reserved Ranking Officers and the Reserved Non Commissioned Officers start from their Ranks appointment or the day their Certificate of Confirmation of honoring as Reserved Ranking Officers and Reserved Non Commissioned Officers; Their undergoing of services are classified as follows:
Subparagraph 1 Active Service : refering to those serving as Commissioned Officers and Non Commission Officers in the Military Camp, until their suspension, retirement, mobilization is lifted, restricted from service or separated.
Subparagraph 2 Reserve Service : divided into First Reserve Service, Second Reserve Service and Third Reserve Service; and are served by those Suspended, retired, mobilization lifted Ranking Officers and Non Commissioned Officers now on Active Service, or those officers that have obtained a Certificate of honoring as Reserved Commissioned Officers, Reserved Non Commissioned Officers, and are not serving in the military camp, until their suspension, restricted from service, loss their Citizenships or separated.
The above mentioned personnel who have been sentenced to imprisonment for a crime and was suspended after receiving the announcement of striped off of their civil rights, except being restricted from services, may transfer to undergo an Active Service of Standing Soldier or Reserve Service before the approval of their restoration.
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Article 13
When a Temporary Mobilization or General Mobilization for those Standing Ranking Officers, Standing Non Commissioned Officers undergoing the Reserved Service personnel are received, they should serve according to their skills, ranks, age and physical conditions, and base on the First / Second / Third Reserved Service sequence. The service period of those serving a Temporary Mobilized Active Service during a war or totally disorder, is the same as the General Mobilization, but in an ordinary time, they should complete the minimum years requirement for an Active Service. The education, duty, and serving the mobilization, that the officers should take will be in accordance with the regulations of the Military Service Act and Enforcement Regulations of the Military Service Act.
Based on the Military requirements, those Standing Ranking Officers and the Non Commissioned Officers undergoing Reserved Service personnel may undergo an Active Service for one to three years according to their will, and again base on the military requirements on their own will, the continue to serve in the Active Service.
The regulations of selecting a volunteers for enlisted into a military camp stated above are instituted by the Ministry of National Defense.
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Article 14
During the Active Service period of the Standing Commissioned Officers, Standing Non Commissioned Officers, if one of the following situations is encountered, they will be suspended:
Subparagraph 1 Missing for more than 3 months.
Subparagraph 2 Captive.
Subparagraph 3 Being Dismissed.
Subparagraph 4 On Leave.
Subparagraph 5 Being detained due to a crime for more than 3 months.
Subparagraph 6 Serving a sentence.
Subparagraph 7 Serving a Civil Servant’s Position other than the Military Position.
Subparagraph 8 Other incidents that need to be suspended.
Those personnel stated on above Subsection-4 are allowed to be reinstated after taking their leave;But the personnel stated on Subsection-7 are not allowed to be reinstated, Other personnel stated on the other subsections are allowed to be reinstated or exempted, when the reasons for their suspensions are destroyed and base on their situations and the military requirements.
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Article 15
Standing Commissioned Officers, Standing Non Commissioned Officers that have one of the following situations are allowed to retire:
Subparagraph 1 Having completed the minimum years required for an Active Service and want to retire on their own will.
Subparagraph 2 Having reached the maximum years of Active Service or Age.
Subparagraph 3 Due to illness, injury or weak physical condition and was proven not suitable for service.
Subparagraph 4 Exceeding the population instituted on the organization system.
Subparagraph 5 Annual evaluation grades of lower than a "C" or have been recorded for two "Demerit" due to personal cause, and were determined by the Personnel Reviewing Board not suitable for service.
Subparagraph 6 Having been on the same rank for eight years when promoted to the rank of General AFTER the implementation of this Act, or have been on the same rank for 10 years when promoted to the rank of General BEFORE the implementation of this Act, and have not occupied a vacant position.
Subparagraph 7 The reasons for suspension have been destroyed and exempted from reinstating.
Subparagraph 8 Based on the regulations stated on Subsection-3 to Subsection-8, Item-1 of the above Article, have reached three years of suspension and are not reinstated. However if they wish to retire within 3 years, their wish will be granted.
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Article 16
During the Active Service period of the Standing Commissioned Officers, Standing Non Commission Officers, if one of the following situations is encountered, separation will be allowed:
Subparagraph 1 Having reached the age of separation.
Subparagraph 2 Due to illness, injury, disabled, and proven not capable of undergoing a service.
Subparagraph 3 Being restricted.
Subparagraph 4 Being missing or captured for three years and have not return.
Those personnel stated on above Subsection-4 that have returned, and have not reach their separation age, will be transferred to the Reserved Service;Those who have not reach the maximum years of service or age, will be reinstated according to their conditions, military needs and their will.
For those due to illness, injury, or disabled stated on Subsection-2 of Item-1 that have been proven not capable of taking the service and those due to illness, injury or weak physical conditions stated on Subsectio3 Item-1 of the previous Article that are proven not capable taking the service, the examination standards for Casualties Retirement and Suspension are instituted by the Ministry of National Defense.
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Article 19
The rules and regulations of the Reserve Services or in accordance with the Law serving the Mobilization Services of the Reserved Ranking Officers and Non Commissioned Officers, starting from the day of their service, are as follows:
Subparagraph 1 Mobilized to undergo an Active Service during their Reserve Services period in accordance with the regulations of the Military Service Act and its Enforcement Regulations,
Subparagraph 2 Served in the Reserve Service or Active Service or totaling to less than 10 years, are required to serve the First Reserve Service. More than 10 years but less than 20 years, will serve the Second Reserve Service. More than years, will serve the Third Reserve Service.
Those Reserved Commissioned Officers and Non Commissioned Officers who wish to serve the Active Service from the first day of their service, the service period will be, 1 ~ 5 years for the Reserved Ranking Officers, and 1 ~ 3 years for the Non Commissioned Officers. When completed and still needed in the military and on their own will, can continue to serve for 1 ~ 3 years per term.
The rules of selecting the voluntary personnel mentioned above are instituted by the Ministry of National Defense.
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Article 32
Those Commissioned Officers, Non Commissioned Officers who are collecting Retirement Pension, will be ceased from releasing their Retirement Pension starting from the day they took over a Civil Service, until they leave their Civil Service. However those with one of the following situations will not cease from releasing of their Retirement Pension:
Subparagraph 1 Monthly pay has not reach the highest salary amount of an appointed First Grade position and the total amount professional allowances of an ordinary Civil Servant.
Subparagraph 2 Security, driver, technician, janitor, or worker hired by each Agency, School, Public owned Business Establishment or Military Unit.
Subparagraph 3 All level of ordinary and evaluated personnel hired by a Military Unit.
If the salary of the position of those who have been ceased of releasing Retirement Pension, mentioned above, is lower than their Retirement Pension, can apply for replacing the difference with their former approving agency.
Those personnel who have been ceased of Retirement Pension and have taken a Civil Service, should honestly report that they are the personnel who have been ceased of retirement pension. Those who have not honestly reported and continue to collect the retirement pension will be punish in accordance with the relevant laws.
The regulations of ceasing the release of retirement pension stated in Item-1 are instituted by the Executive Yuan.
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