Act of the establishment of State-Run International Airport Park Corporation Limited

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=K0000138

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Article 1


The establishment of the State-run International Airport Park Corporation Limited (hereafter referred to as Airport Corporation) set up by the Ministry of Transportation and Communications as per Article 4 of the International Airport Park Development Act (hereafter referred to as the Airport Act) shall conform to the regulations as stipulated in this Act.


Article 2


Airport Corporation shall operate enterprise spirits to manage the International Airport Park in pursuit of the mutual prosperity of the International Airport Park and the Aerotropolis and upgrades of national competitiveness.
Airport Corporation is a sole venture of the ROC government.


Article 3


The scope of business operations of Airport Corporation is as prescribed in Paragraph 1, Article 12 of the Airport Act.


Article 4


Airport Corporation shall establish a board of directors consisting of 13 to 15 board members as well as 3 to 5 supervisory directors.


Article 5


The duties of the board of directors are as follows:
1. Review and evaluation of the charter of Airport Corporation and the organization bylaws of the board of directors.
2. Approval of the organization charter of Airport Corporation.
3. Review and evaluation of Airport Corporation’s capital adjustment and stock issuance.
4. Review and evaluation of Airport Corporation’s annual business direction, plan, budget and financial statement.
5. Review and evaluation of Airport Corporation’s investments and reinvestments.
6. Review and evaluation of guarantorships or loans on the property of Airport Corporation.
7. Appointment and dismissal of Airport Corporation’s general manager and vice general manager.
8. Review and evaluation or approval of Airport Corporation’s personnel regulations.
9. Approval of Airport Corporation’s business regulations.
10. Approval of Airport Corporation’s internal control system.
11. Approval of establishment and change or revocation of domestic and foreign branch offices of Airport Corporation.
12. Review and evaluation of matters prescribed in the Airport Act as to be presented to the Ministry of Transportation and Communications for approval.
13. Review and evaluation or approval of other matters as defined in Airport Corporation charter or related regulations


Article 6


The duties of the supervisory directors are as follows:
1. Investigation of the business operations and financial status of Airport Corporation.
2. Audits of the ac count books and documents of Airport Corporation.
3. Other matters as prescribed in Airport Corporation charter and related regulations.


Article 7


Airport Corporation shall acquire the approval of the Ministry of Transportation and Communications to execute the following matters:
1. Establishment of the charter of Airport Corporation and the organization bylaws of the board of directors.
2. Capital adjustment and stock issuance of Airport Corporation.
3. The annual business direction, plan, budget and financial statement of Airport Corporation.
4. The investments and reinvestments of Airport Corporation.
5. Guarantorships and loans on the property of Airport Corporation.
6. Other matters prescribed in the Airport Act as to be presented to the Ministry of Transportation and Communications for approval.


Article 8


The Ministry of Transportation and Communications may invest assets from the Civil Aviation Administration (CAA) Operating Fund to establish Airport Corporation.


Article 9


The startup budget for Airport Corporation shall be established in line with the regulation of Item 3, Paragraph 1, Article 85 of the Budget Law four months prior to the establishment of Airport Corporation and presented to the Legislative Yuan for review and evaluation.


Article 10


Except otherwise regulated in Article 11 and Article 13, Airport Corporation’s personnel regulations and pertaining contracts shall apply in the hiring and management of all the employees below the vice general manager level; civil service laws and regulations shall not apply.
he particulars regarding salary, retirement, survivor relief and severance in the personnel regulations described in the preceding paragraph for Airport Corporation shall require ratification by the board of directors before they are presented to the Ministry of Transportation and Communications for approval.


Article 11


The CAA staff members responsible for the affairs of the airport (hereafter referred to as the Original Agency) before its reorganization to become Airport Corporation as well as the personnel of the original Airport, apart from the ones with civil service status and requesting the Ministry of Transportation and Communications for transfer to other agencies or organizations, shall all be transferred to Airport Corporation on the date Airport Corporation is established. Those who choose to be laid off, resign or retire within seven months from the date Airport Corporation is established shall receive an indemnity. The amount of the indemnity shall be proportional to the number of months, up to seven months, the lay-off, resignation or retirement takes effect after the date Airport Corporation is established
The indemnity described in the preceding paragraph shall be the total salary for the number of months before retirement for people who will soon be due for retirement. For contract-based workers the amount shall be the total salary for the number of months before the contract expires. For those whose early separation from employment disqualifies them for Civil Servant and Teacher Insurance (hereafter referred to as the Government Employee Insurance) retirement benefits, there shall be an extra compensation for their loss in Government Employee Insurance standing.
When the personnel who choose to be laid off, resign or retire as described in Paragraph 1 are gainfully employed again in a government agency or an administrative legal person within seven months after the said lay-off, resignation or retirement, the employing government agency or administrative legal person shall retrieve the indemnity at the corresponding ratio. The said new employing government agency or administrative legal person shall deduct the already claimed compensation for loss in insurance standing when the said personnel apply for and receive Government Employee Insurance retirement benefits as a result of the new employment. The deducted sum shall be returned to the CAA Operating Fund. The retrieval and deduction shall be exempt from the restrictions on ceding or withholding of insurance benefits or use of insurance benefits to offset debts or as collaterals, as regulated in Article 18 of the Civil Servant and Teacher Insurance Act. In the event that the retirement benefits claimed are less than the already received compensation, only the retirement benefits claimed shall be returned.
The Benefit payment criteria prescribed in Article 14 of the Civil Servant and Teacher Insurance Act shall apply in the calculation of the compensation for the loss in Government Employee Insurance standing described in the two preceding paragraphs.
The amount of the indemnity described in Paragraph 1, in the case of a non-executive civil servant or caretaker, refers to the regular pay and technical or professional allowance disbursed for the month in which the lay-off, resignation or retirement takes effect, while for personnel of executive levels an extra special responsibility allowance shall be added. In the case of employment separation of people hired under the Contract-based Worker Employment Act or the Contract-based Worker Employment Regulations for Contract Employees of the Executive Yuan and Its Subordinate Agencies, the amount of said indemnity refers to the monthly pay.
The Ministry of Transportation and Communications shall establish regulations to govern the durations and objects of the favorable measures prescribed in Paragraph 1, 2 and 3 and other related matters.
Except voluntary separation from employment, workers transferred to Airport Corporation as described in Paragraph 1 may not be laid off on the ground that Airport Corporation is a new establishment. Their length of service, salary, retirement, severance, survivor relief and work conditions shall be sustained.


Article 12


In the event that qualified civil servants working at the Original Agency are transferred to agencies or schools other than the initial employing agencies or their subordinates or schools, or the original testing agencies or their subordinates or schools, they shall be exempt from restrictions of the Civil Service Examination Act, the Civil Service Employment Act or other civil service examination regulations on transferred personnel.
In principle, the personnel described in the preceding paragraph shall be transferred to the agencies or schools they were initially assigned to after their civil service examinations, the original testing agencies, agencies they have been transferred to, or to their original employing agencies or subordinates or schools to perform similar duties.
In the event that the personnel described in the preceding paragraph have been transferred under the Act Governing Transferring of Specialists and Technologists to Civil Service and are still within the period during which further transfer is forbidden, they may be exempt from the regulation in the said Act on personnel transfer. However, these said personnel are required to have served at least three years at the agency they were initially transferred to or the agency or subordinates they have been transferred to, before they are eligible to be transferred to other agencies.
Among the personnel described in Paragraph 1, those who are transferred according to the regulation of Paragraph 1 of Article 8 of the Transportation Enterprise Personnel Appointment Act shall remain subject to the original transfer regulations. When retransferred to undertake other non-transportation administration duties, the regulation of Paragraph 2 of Article 8 of the Transportation Enterprise Personnel Appointment Act shall apply and the qualifications and pay level shall be evaluated anew.


Article 13


The government employees working at the Original Agency under the Civil Service Employment Act shall be transferred to perform the same functions at Airport Corporation on the date Airport Corporation is established. Their pay scale, promotion, performance evaluation, service, reward and penalty, insurance, retirement, severance and survivor relief shall continue to be governed by the original civil service laws and regulations. Their appointment and promotion, except for positions of executive levels, may still be conducted in accordance with the organic regulations of the airport before its reorganization. The Executive Yuan shall work with the Examination Yuan to establish regulations on matters to which the original civil service regulations may not apply.
Within five years from the date this Act takes effect, the personnel described in the preceding paragraph may choose according to the personnel regulation in Paragraph 1 of Article 10 to forgo their civil servant status, but the choice shall remain permanent.
The caretakers (including technicians and drivers) of the Original Agency who are transferred to Airport Corporation for the same functions on the date Airport Corporation is established shall remain subject to the original laws and regulations and keep their work until they voluntarily leave employment or retire.
The retirement pensions and survivor relief for employees with civil service status and remaining subject to civil service regulations as described in Paragraph 1 shall be appropriated and disbursed according to related civil service regulations. Airport Corporation shall establish corresponding budgets in accordance with related civil service laws and regulations.
In the event that the contract workers employed at the Original Agency under the Contract-based Worker Employment Act and the Contract-based Worker Employment Regulations for Contract Employees of the Executive Yuan and Its Subordinate Agencies choose to leave employment on the date Airport Corporation is established, a separation pay in line with the Regulations for Separation Pays for Government and School Employees from the Separation Fund shall be given. Those who are transferred to Airport Corporation shall come under the personnel regulations and contract stipulations as prescribed in Paragraph 1 of Article 10.


Article 14


In the event that workers choose to forgo their civil servant status as described in Paragraph 2 of the preceding article and thus suffer loss in their Government Employee Insurance standing as a result of switching to labor insurance, the corresponding compensation for their loss in Government Employee Insurance standing shall be disbursed according to the retirement benefit calculation criteria prescribed in Article 14 of the Civil Servant and Teacher Insurance Act.
When the personnel described in the preceding paragraph are legally enrolled for Government Employee Insurance again and apply for retirement benefits, the insurance agency shall deduct the already claimed compensation and return it to Airport Corporation without subjection to restrictions on ceding or withholding of insurance benefits or use of insurance benefits to offset debts or as collaterals, as regulated in Article 18 of the Civil Servant and Teacher Insurance Act. In the event that the retirement benefits applied for are less than the already claimed compensation, only the amount of retirement benefits applied for shall be deducted.


Article 15


When the personnel of the Original Agency are transferred to Airport Corporation on the date Airport Corporation is established, those who are suspended, dismissed (including unfinalized cases) and on leave without pay shall be listed and turned over to Airport Corporation to continue the execution. Application of those on leave without pay to resume work shall be approved. Those who resume work legally but choose not to be transferred to Airport Corporation shall be allowed to ask to be laid off, resign or retire according to regulations or request the Ministry of Transportation and Communications to transfer them to other agencies or organizations.


Article 16


The indemnities and compensations for loss in Government Employee Insurance standing for workers with civil servant status but choosing to be laid off, resign or retire, and the indemnities for workers without civil servant status as described in Paragraph 1 and Paragraph shall be appropriated from the CAA Operating Fund.


Article 17


Airport Corporation shall actuarially calculate and establish the required funds for the retirement pensions for its employees.
Within five years from the date of its establishment, Airport Corporation shall ensure there are adequate retirement funds for the caretakers (including technicians and drivers) who are transferred to Airport Corporation on the date Airport Corporation is established.


Article 18


The Civil Service Retirement Act, the Civil Service Survivor Act and the Act for Retirement and Survivor Relief for Postal Service and Power Enterprise Personnel shall be applicable to personnel who apply for retirement or survivor relief before the Original Agency is reorganized to become Airport Corporation.
The Civil Aviation Administration shall take over the responsibility for the retirement pensions, survivor relief, consolation money and retirement care described in the preceding paragraph. The funds required shall be appropriated from the CAA Operating Fund.


Article 19


The Executive Yuan shall determine the enforcement date of this Act.