Indemnity Act for Military Personnel

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=F0050003

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Article 1


The indemnity of the Military Personnel is based on this Act.


Article 2


The Military Personnels mentioned in this Act refer to the Ranking Officers, Non Commissioned Officers, or Enlisted Soldiers of the Armed Forces.


Article 3


Military Personnels who are injured or dies should be compensated, and the indemnity Order and the Compensation are release by the Ministry of National Defense unless being regulated in this Act..
The rules of releasing the compensations are as follows:
Subparagraph 1 Deceased:Releasing death compensation, and his/her bereaved family as the beneficiary.
Subparagraph 2 Injured:Releasing injury compensation, and the injured person as the beneficiary.


Article 4


The sequence of the bereaved family members claiming the compensation is as follows:
Subparagraph 1 Parents, spouses, children. But the spouses are limited only to those who are not remarried.
Subparagraph 2 Grandparents, grandchildren, widowed daughter-in-laws and widower son-in-laws. But the widowed daughter-in-laws and widower son-in-laws are limited only to those who are not remarried.
Subparagraph 3 Siblings (brothers and sisters): being limited only to those minors, or adults that are not able to support their own living due to disability.
Subparagraph 4 Parents of the spouses, grandparents of the spouses, being limited only to those who are not supported by anybody.

If more than one members of the bereaved family stated above are on the same sequence and are unable to compromise, the compensation will be equally divided; If someone gives up his/her rights or losing his /her rights of claiming the compensation due to the law, the compensation should be claimed by the remaining bereaved family members.


Article 5


Kinds of death and injury are as follows:
Subparagraph 1 Dying in a battle.
Subparagraph 2 Dying on duty.
Subparagraph 3 Dying due to sickness or accident.
Subparagraph 4 Injured or disabled in a battle.
Subparagraph 5 Injured or disabled while on duty.
Subparagraph 6 Injured due to sickness or injured or disabled in an accident.


Article 6


Having one of the following situations is considered as dying in a battle:
Subparagraph 1 Dying while executing a war mission.
Subparagraph 2 Dying while executing a mission in the enemy area.
Subparagraph 3 Dying while avoiding being captured or due to struggling againse being captured.
Subparagraph 4 Died while executing mission in a very disorder situation.
Injury or disability due to the causes stated above is considered as injured / disabled engaging in a battle.
Died or injured/disabled when hit by a bullet or weapons during an actual exercise, or caused by an attack from hoodlums while taking the risk in executing a mission, is considered as dying or injured/disabled engaging in a battle.


Article 7


Having one of the following situations is considered as dying while on duty:
Subparagraph 1 Dying while performing an official task.
Subparagraph 2 Dying while protecting public safety or saving a public utility.
Subparagraph 3 Dying while saving a public disaster
Subparagraph 4 Dying due to an accident inside a camp or spread of a sudden disease.
Subparagraph 5 Dying due to an accident or spread of a sudden disease while going back and forth to a camp, Such accident or disease is somehow related to performing a duty.
Subparagraph 6 Encountering a danger or suffering an illness that causes death while on business trip.
Injury or disability due to the causes stated above is considered as injured / disabled while on duty. However, injury or disability stated in Subsection-4 and Subsection-5 caused by chronic diseases is not applicable to this article.


Article 8


Military Personnel who die of sickness during the military service period but not due to the situation stated in Item-1 of the previous article are considered as dying of sickness; Those who die from by an accident outside the camp but not due to the
situation stated in Item-1 of the previous article are considered as dying in an accident.
Injury or disability caused by the reasons stated is considered as injury /disabled due to distaste or accident. A Military Personnel who commit suicide and dying during the military service period, will be compensated as died of sickness. However, if the suicide is due to a crime, that person will not be entitled for compensation.


Article 9


The standard of indemnity for a death caused by an acute illness is as follows:
Subparagraph 1 Those who were wounded in a battle and died within 3 years due to reoccurrence of the wound. will be compensated according to the indemnity standard of dying in a Battle; but if they died due to reoccurrence of the wound 3 years after they , will be compensated according to the indemnity standard of Dying while on Duty.
Subparagraph 2 Those who were injured while on duty and died due to reoccurrence of the wound within 3 years, will be compensated according to the indemnity standard of Died while on Duty; But if they died over 3 years due to reoccurrence of the wound, will be compensated according to the indemnity standard of Died of sickness.
Personnels who were wounded in a battle or while on duty, and died due to acute wounds when their Military Personnel identity of the Active Service no longer exist, will also be compensated according to the rules stated in the previous item. However those who have already received their retirements can no longer be compensated; For those receiving retirement pension or supporting funds will not be released of their annual compensation.
not be entitled for an indemnity.
Those personnels stated above will not be compensated 5 years later since they lose their identities Military Personnel.


Article 10


Those who have missedmissing in action or while on duty for a year on the ground, and six months in the sea and on the air, and could not be located, will be compensated as dying in action or died while on duty.
Missing Personnels, aside from those stated in the previous item, pronounced dead by the court, will be compensated as dying in an accident. However missing persons that are wanted for a case will not be compensated.
After processing the indemnity for the previous two items, and found not dead, their dead indemnity orders should be cancelled, but the compensations that were released need not return. However for those tried to escape or not to report after they have returne, and keep on claiming the compensations, not only should they return the money they have received, they will also be investigated and punished according to the law, and those personnel who have neglected their duty will also be punished.


Article 11


When a Military Personnel dies, he/she is entitled of one time compensation according to the following rules:
Subparagraph 1 Dying in a battle: Those serving less than 30 years one counted as 30 years, and will be given 37.5 basic points. Serving for more than 30 years, those will be given 41.25 basic points.
Subparagraph 2 Dying while on duty:Those serving less than 15 years is counted as 15 years, will be given 21.875 basic points. Serving for more than 15 years, will add 0.625 basic point for every exceeding year, for a maximum of 34.375 basic points. If it is less than 1 year, they will be given 0.052 basic point per month, Less than one month is counted as one month.
Subparagraph 3 Dying of sickness or in an accident: Those serving less than 10 years are counted as 10 years, and will be given 15 basic points. Those serving for more than 10 years, will be added 0.5 basic point till every exceeding year, for a maximum of 27.5 basic points. If it is less than 1 year, they will be given 0.042 basic point per month. Less than one month is counted as one month.


Article 12


Military Personnels who dies and have one of the following situations, should be released with one time additional basic points of compensation:
Subparagraph 1- Dying due to engaging in a battle or executing a special dangerous mission while on duty.
Subparagraph 2- Dying as a martyr or possessing a special achievement or being ordered for a commendation.
Subparagraph 3- Having an outstanding achievement because of a war or in the National Defense military constructions.
The standard of an additional basic point for the one time compensation stated above is determined by the Executive Yuan.


Article 13


When a military person dies, he will be compensated with a 5 basic point annual compensation. The rules of its number of years limitation are as follows:
Subparagraph 1 Dying in a battle will be given 20 years.
Subparagraph 2 Dying while on duty will be given 15 years.
Subparagraph 3 Dying of sickness or in an accident, and serving less than 3 years, is given 3 years. When reaching 3 years, he will be given 4 years. After then he will be added 1 year for every additional 2 years, If the years of service are less than 2 years, he will be given 1 additional month for every additional 2 months of service. Less than 2 months, will be counted as 2 months; The maximum is 12 years.
If the bereaved family members of Subsection-1, Subsection-2 of the previous item are thepParents or the spouses, and the bereaved family members of the Subsection-3 are the parents of an only son (daughter), or the spouse with no children, their annual compensations are for life.
If the year limitation of the annual indemnity stated in the first item is reached, and the children claiming the compensation are still minor, the releasing of compensation can be continued until they are adults; or even the children claiming the compensation are adults but still in school, and their educations are not interrupted, or they are physically or mentally disable and unable to support their own living, the releasing of the compensation can continue until they obtaine a bachelor degree or the reasons are abolished.
The annual compensation approved before the enforcement of this Amendment on January 1st 1997, can still be processed in accordance with former regulations that ruled when the military personnel died. However, if the bereaved family members have the situations stated in item-2 or the previous item during their claims of compensation, they can receive the compensation based on the former standard for life, or until the bereaved family members reach their adult ages or have obtain their bachelor degrees or the reasons have been abolished.


Article 14


Personnels who are on an Air duty and submarine missions, and dies in a battle or while on duty, are entitled for an additional 7 basic points each tear to their annual compensations.
The above stated personnel will not be released of one lump sum compensation stated in Subsection-1, Item-1 of Article-12.


Article 15


After the death of a military personnel and before the bereaved family members receive the indemnity,they can give up to apply for the one lump sum compensation and the annual compensation according to the rules stated in Artile-11 and Article-13, as they wish, and change the indemnity to a standard of giving 1.5 basic points for every year of serving in the Active Service and be release in one lump sum compensation, using the computation of the maximum of 35 years, with a total of 53 basic points, If it is less than 1 year, a basic point of 0.125 will be given for every one month. and if it is less than one month, it is counted as one month. For those who have died after serving for 20 years, if their bereaved family members are their parents, spouses, minor children or adult children who are mentally or physically disabled and not able to support their own living they can give up applying for the annual compensation according to the rules stated in Article -13,
and change to receive 1/2 of Retirement Pension according to the regulations stated in the Arm Forces Ranking Officers Non Commissioned Officers Military Service Act.
For military Personnels that have a situation stated in Article -6 or Article-7, if their bereaved family members chose to claim one lump sum compensation, an additional basic points resulted from the standard computations based on the rules stipulated in Subsection-1 or Subsection-2 of Article-11 and deduct Subsection-3, will be released; For those with a situation stated in Article -12, and additional one lump sum compensation will be released to the bereaved family members in accordance with that regulation.
Bereaved family members of the deceased who are going to claimed one lump sum compensation and the annual compensation according to Article -11 and Article-13, respectively, or have chosen to claim one lump sum compensation or 1/2 of the retirement pension according to the regulations in Item-1, should decide carefully when processing the application; otherwise, once the indemnity has been reviewed and approved by the Ministry of National Defense, it can not be changed.


Article 16


The levels of injury / disability are as follows:
Subparagraph 1 First level disability.
Subparagraph 2 Second level disability.
Subparagraph 3 Third level disability.
Subparagraph 4 Major functional disability.
Subparagraph 5 Minor functional disability.
After the inspections of the level of injury/disability stated above are made, if there is a sudden increase of its level or the person is injured again, that person canahange the level of disability after being re-examined and proven.
Those applying for re-examination to determine the level of disability according to the rules stated above, are limited only to the Active Service Military Personnel. If the disability is caused by engaging in a war or while on duty, and the disability level increase for the same reason within 5 years from the day the identity of the Military Personnel no longer exist, it can be processed basing on the regulation stated above.
The standard of the inspection of the Level of disability stated in Item-1 is determined by the Ministry of National Defense.


Article 17


Paragraph 1
Those who are disabled due to injury will be compensated according the following rules, starting from the day the disability level has been approved:
Subparagraph 1 Injured and disabled in a battle:
Item 1 First level of disability is compensated with 5 basic points per year for life.
Item 2 Second level of disability is compensated with 4 basic points per year for 10 years.
Item 3 Third level of disability is compensated with 3 basic points per year for 5 years.
Item 4 Major functional disability is compensated one time with 4 basic points; while minor functional disability is compensated one time with 3 basic points.
Subparagraph 2 Injured and disabled while on duty:
Item 1 First level of disability is compensated with 4 basic points per year for life.
Item 2 Second level of disability is compensated with 3 basic points per year for 10 years.
Item 3 Third level of disability is compensated with 2 basic points per year for 5 years.
Item 4 Major functional disability is compensated one time with 3 basic points; while minor functional disability is compensated one time with 2 basic points.
Subparagraph 3 Injured and disabled due to sickness or accident:
Item 1 First level of disability is compensated with 3 basic points per year for 15 years.
Item 2 Second level of disability is compensated with 2 basic points per year for 8 years.
Item 3 Third level of disability is compensated one time with 3 basic points.
Item 4 Major functional disability is compensated one time with 2 basic points; while minor functional disability is compensated one time with 1 basic point.
Paragraph 2
Military personnels that are wounded/disabled, due to the reasons stated in Subsection-1 and Subsection-2 of Item-1, while executing their flying duty, submarine missions, and are approved as above third level disability, will be given additional 7 basic points besides their annual compensation according to each subsection standard stated in Item-1.
Paragraph 3
The Act was amended and enacted on March 29, 2011. The indemnity cases filed before or after the enforcement of the Amendment of this Act are processed in accordance with the abovementioned Amendment. The compensation of indemnity cases issued with an Injury or Disability Orders, but no compensation filed before the enforcement of the Amendment of this Act, will be reissued in accordance with the standard of compensation at that time.
Paragraph 4
Personnels that belonges to Subitem-4 of Subsection-1, Subitem-4 of Subsection-2, Subitem-3 and Subitem-4 of Subsection-3 under Item-1 are not issued with an indemnity orders.


Article 18


Unless there are other regulations in this Act, otherwise the computation of the basic point regulated in this Act is based on double of the last basic salary of the Military Personnel. The annual compensation should be adjusted together with the basic salary of the existing Military Personnels of the same rank.


Article 19


The methods of releasing the indemnity are as follows:
Subparagraph 1 The one time compensation payment and the injury/disability one time compensation payment regulated in this Act, is released at one time in accordance with the standard on the date of death or disabled being recorded on the Wounded and Death report of the Ministry of National Defense.
Subparagraph 2 The release of the first annual compensation and injury/disability compensation regulated in this Act, calculating starts from the following month after the incident according to its proportion occurred until December 31st of the same year, Then the payment of the annual compensation and the injury/disability compensation is made starting from January, on a yearly basis until the end of the indemnity period. The beneficiary can not claim in advance or request for one time payment.
When The bereaved family members claim for the death indemnity in accordance with the regulations stated in Itme-2 of Article 10, the compensation payment is made on the month the court proclamation of the death has been confirmed.


Article 20


The number of years of Military Service mentioned in this Article, unless there are other regulations instituted in this Act, otherwise the processing of the Retirement Separation Payment is base on the Armed Forces Ranking Officers Non Commissioned Officers Military Service Act and its Enforcement Regulations.
If a Military Personnel was enlisted in a military service before the enforcement of the New Retirement Compensation Act of January 1st 1997 (hereinafter known as the Retirement Compensation New Act), and died after the enforcement, the number of years of service before and after the implementation are combined and calculated together. and compensated will be released in accordance with the regulations of the Retirement Compensation New Act.
The Indemnity cases filed before the enforcement of the Amendment of this Act are processed in accordance with the regulations before the enforcement of the Amendment.


Article 21


The compensation for the Military Personnel should be paid from the fund which is setup and allocated by the Government and the Military Personnel (hereinafter known as the Compensation Fund) , and the government should take the responsibility to guarantee that the last payment will be fully paid. However, the one time compensation payment and the annual compensation payment stated in Article-11 and Article-12, the payments should be paid by the Retirement Compensation Fund according to the proportion between the number of years of deductions and the number of years of compensation approved for payment, and the best of which is paid from the budget allocated by the belonging organization; The payment for the annual compensation or one lump sum compensation of a non Active Service Military Personnel stated in Item-2 of Article-9, the additional payment for the one lump sum compensation stated in Article-12, the additional annual compensation stated in Article-14,
the payment for one lump sumcompensation stated in Item-2 of Article-15, the payment for Injured/Disabled compensation stated in Article-17 or the additional compensation payment stated in Article-23, is made by the belonging organization from the budget allocated for the compensation payments.
The allocation, management and usage of the retirement compensation fund stated in the previous item are processed in accordance with the regulations stipulated in the relevant laws.
For those deceased military personnels that are not qualified for compensations stated in this Act, their legal heirs can apply with the compensation approval's organization, and after the approval, the organization will then forward a request to the Retirement Compensation Fund's Managing Organization for refund of the retirement funds formerly allocated from the military personnel with an interest based on the savings interest of the Bank of Taiwan.


Article 22


The number of years of military service after the enforcement of the new stipulated retirement compensation of the volunteered military personnel who are entitled for a compensation stated in this Act, unless there are other regulations stipulated in this Act, otherwise it is calculated base on the actual number of months they have paid to the Retirement Compensation Fund. The number of years of service of those who have not paid to the Retirement Compensation Fund as required, or the number of years of service of those who have applied a refund of their payments, or those who have been paid of their Retirement Separations, can not be counted.
The number of years of service that they are required to pay the retirement compensation fund of those volunteered military personnel who have previously served as Ministers with Portfolio, Civil Servants, Education Personnel of Public and Private Schools, after the enforcement of the newly instituted Retirement Compensation, should reallocate their payments for the fund (with interest), that have not been claimed, when they were transferred to serve as volunteers, before combining their number of yeas of service.
The number of years of service of those volunteered military personnel who have previously served as Public Officials, Public Own Entity Personnel that allowed to be combined after the enforcement of the newly instituted Retirement Compensation, can apply for a make-up payment for the retirement compensation fund through their servicing organizations within 3 months starting from the day they were transferred to serve as Military Officers, those who have exceeded the 3 months limit, must add an overdue interest before combining their number of years of service.
The required make up payments for the retirement compensation fund stated in the previous item, should be deposited into the retirement compensation fund's account with the total interest converted from the payment standard of the same rank of the same period's military personnel compared by the Fund's Management Organization according to the number of years of service, and grades.


Article 23


The additional compensation derived from the negotiated compensation of the promoted rank (complimented) of the deceased Military Personnel is paid by the belonging organization from its allocated budget. However, if the approved compensation of his former rank is better, the compensation should be paid base on his former rank.


Article 24


The basic point of compensation payment for the Ranking Officers, Non Commissioned Officers, Enlisted Soldiers in a Mandatory Service, is calculated according to the standard of the same rank personnel in a Volunteered Service. However if the basic salary does not reach the standard of the Second Grade Sergeant in a Volunteered Service, the computation should be based on the standard of the Second Grade Sergeant.
Personnels stated in the previous item who are not required to pay for the fund. If the dies and died during their military service, the required compensation funds will be paid by the belonging organization from the budget allocated for the funds.
If the basic salary has not reach that of Second Grade Sergeant, is calculated according to the standard of the Second Grade Sergeant, the basic point of the compensation payment of the Non Commissioned Officers, and Enlisted Soldiers in the Volunteered Service,


Article 25


Those personnels who have received General, Temporary, Education, Duty or Inspection Mobilizations and dies after being mobilized into the camp, will be compensated according to the regulations stipulated in the previous article.
If the personnels mentioned above are employees of government organization, public schools or state owned entity, they can only select and claim the compensation based on their civil servant's position or that of military personnel.


Article 26


When a person with a military position is injured or dies, and his compensation is processed by other organization, the Ministry of National Defense will no longer negotiate for a compensation.


Article 27


The review of injury/death compensation cases is done by the Ministry of National Defense. If necessary, the injury/death circular order can be released through the belonging organization.
When the injured/death circular order mentioned above is released, and the beneficiary thinks that the approved kind of injured/death does not match, he/she can apply for review with the approving organization within 6 months starting from the next day the injured/death circular order is received.


Article 28


If the beneficiary is a minor or has been proclaimed guardianship, his or her rights of claiming for the compensation and exercising the compensation should be process by a legal representative or a designated guardian in accordance with law until the beneficiary is an adult or the proclamation of the guardianship is cancelled.
A minor beneficiary of the compensation mentioned above is not limited in this article if he /she is married.


Article 29


The rights of claim for the compensation and the unclaimed compensation can not be used for embargo, transfer or collateral.


Article 30


During the period of an annual compensation being claimed, the rights that a beneficiary has are ruled in accordance with the relevant laws.


Article 31


The beneficiary of a compensation who has one of the following situations will lose his/her rights of compensation claim:
Subparagraph 1- Losing the citizenship of the Republic of China.
Subparagraph 2- Confirmed to have committed treason, or intrusion crime, after the martial law was lifted.
Subparagraph 3- Weing stripped off of his civil rights for life.
Subparagraph 4- Death.
Subparagraph 5- Spouse, widow or widower of the deceased remarries..


Article 32


The rights, of claim for the compensation of a beneficiary A compensation beneficiary who has been stripped off of his civil rights and has not been restored. will be stopped, until the reason had been abolished.


Article 33


The rights for applying the compensation and claims for each period of compensation will be abolished if not exercised for a period of 5 years starting from the time of each request for exercising their rights. However, in any circumstances beyond control causing a person not to exercise his/her rights, the compensation can be started from the time their rights are exercised.
A person who can not apply or cannot continue to claim a compensation for the reason beyond his control as mentioned in the above item, unless regulated in other law, the rights of applying or continuing to claim a compensation should be reserved, and the compensation will be released according to the standard of payment at the time the compensation is actually claimed.


Article 34


The loss, stop or abolishmemt of duration of compensation rights stipulated in the above 3 articles, is limited only to the person himself, and the rights of other bereaved family members are not affected.


Article 35


When a Ranking Officer, Non Commissioned Officer, Enlisted Soldier in a Volunteer Service dies due to sickness or in an accident, he/she will be compensated in accordance with this Act.


Article 36


In order to take of the daily life of those personnels who fought with the national soldiers in Mainland China during the beginning period when Taiwan was recovered, the Ministry of National Defense can release compensations to them.
The applicable areas, targets, release conditions, limitations, standard amount, regulations of claims and processing procedures of the compensation stated in the above item, are instituted by the Ministry of National Defense and submitted to the Executive Yuan for approval.


Article 37


A supporting fund is released to a person who has one of the following situations, based on the annual funds of the belonging organization and the daily life situation of that person:
Subparagraph 1 Ranking Officers, Non Commissioned Officers, Standing Soldiers in the Mandatory Service has ceased from the service and the reason is determined as caused by injury or death within one year starting from the day their ceased of service took effect.
Subparagraph 2 Any personnel who has been mobilized into the camp , retired discharge or demobilized and gets sick or dies on their way back their home town.
Subparagraph 3 Cadets of the Military Academy who are paid by the military get sick or die.
Subparagraph 4 Personnels who are recruited or employed by the military and are not applicable to the Labor Law get sick or die.
Subparagraph 5 The bereaved family members of a National Soldier who have process their compensations according to this Act, injured/disabled personnels and a military family that was determined by the Ministry of National Defense to have nobody to depend on.
The releasing items, applicable areas, targets, releasing conditions, limitation, standard amount, regulations of claims and processing procedures of the supporting funds stated above , are instituted by the Ministry of National Defense together with the relevant organizations and submitted to the Executive Yuan for approval.


Article 38


Military personnels who die during their active service, should be compensated with a funeral supporting fund. The required funds are budgeted and paid by the belonging organization. The standard of payment is instituted by the Ministry of National Defense and submitted to the Executive Yuan for approval.


Article 39


The Enforcement Regulations of this Act are instituted by the Ministry of National Defense.


Article 40


The enforcement of this Act is valid on the date of announcement.
The Act was amended on May 15, 2009. The validation day is on November 23, 2009.