Based on the delegation in Article 16 of the Public Functionaries Appointment Act, the Regulations Governing the Recognition of Seniority of Personnel Transferred between Administrative Agencies, Public Schools and Public Enterprises for the Purpose of Accessing Office Ranking and Level Ranking (hereinafter “the Regulations”) were promulgated. The purpose of the Regulations is to facilitate transfer of civil servants who are of different appointment categories (i.e., administrative agencies, public schools and state-owned enterprises) and of the same basic qualifications so that the persons transferred may serve as mid-level or high-level executive officials [in other categories]. In order to provide standards for recognition of seniority and office and level ranking of the transferred personnel among the three appointment categories, Article 7 of the Regulations is necessary and within the scope of statutory delegation. The article also coordinates Articles 2 and 9 of the Public Functionaries Remuneration Act and Article 4, Paragraph 3, and Article 15 of the Enforcement Rules of the Public Functionaries Remuneration Act. Furthermore, Article 15, Paragraph 3, of the Enforcement Rules of the Public Functionaries Remuneration Act (promulgated on January 14, 1987) is needed because, originally, different sets of rules regarding appointment, level of remuneration, and evaluation applied to persons of different appointment categories and therefore, when a person was transferred from one category to another, there was no rule to apply regarding level of remuneration. The said paragraph was promulgated in consideration of the equity of the personnel. It contradicts neither Article 16 of the Public Functionaries Remuneration Act nor Article 11 of Standard Act for the Law and Rules, nor does it violate Article 7 of the Constitution. However, according to Article 7 of the Regulations, the years of service of the transferred personnel may be counted only to the highest level of basic salary (ben-feng) of their level ranking. This Article is not consistent with a provision, effective December 26, 1995, as amended, in the Enforcement Rules of the Public Functionaries Remuneration Act. In the provision, yearly remuneration advancements may be counted to the highest level of the seniority salary (nian-gong-feng) of their level ranking. Therefore, this inconsistency shall be reconsidered and corrected.

　　　 For the purposes of enhancing personnel transfer, recruiting professionals, and raising morale of civil servants, those civil servants of same appointment qualifications, with similar tasks, and of same ranking may be transferred [between administrative agencies, public schools or state-owned enterprises.] However, the qualifications and extent of transfer should be specified in law. Furthermore, seniority, office ranking and level ranking [of the transferred personnel] should be guaranteed. Article 16 of the Public Functionaries Appointment Act provides: “Persons, who have passed Superior Examination or Type B of Special Examination and serve in administrative agencies, public schools or public enterprises, may be transferred. The years of service of those persons may be recognized for the purposes of accessing their office ranking and level ranking while transferring to their new positions of similar qualifications and level. [An implementation] rule shall be promulgated by the Examination Yuan.” Based on the delegation, the Rule for Recognition of Seniority of Personnel Transferred between Administrative Agencies, Public Schools, and State-owned Enterprises for the Purpose of Accessing Office Ranking and Level Ranking (“the Rule”) was promulgated. The purpose of the Rule is to facilitate transfer among civil servants who are of different appointment categories (i.e., administrative agencies, public schools, and public enterprises) and are of same basic qualifications, office ranking and level ranking so that the persons transferred may serve asmid-level or high-level executive officials [in other categories]. Article 7 of the Rule reads: “Except for personnel’s qualifications, office ranking and level ranking accredited pursuant to Articles 5 and 6 of the Rule, personnel’s years of service before transfer that were evaluated as“good” and that are of similar nature to his new position and of same ranking may be accredited. Each year of service may be counted as one level of advancement for his salary to the highest level of basic salary (ben-feng) of his new level ranking.” In order to provide standards for recognition of seniority and office and level ranking of the transferred personnel among three appointment categories, this Article is necessary and within the scope of statutory delegation. Furthermore, Article 15, Paragraph 3 of the Enforcement Rules for the Public Functionaries Remuneration Law (effective January 14, 1987) provides: “The yearly remuneration advancements in the preceding two paragraphs may be counted only to the highest level of basic salary (ben-feng) of his new level ranking.” This paragraph is needed because different sets of rules regarding appointment, level of remuneration, and evaluation apply to persons of different appointment categories and therefore, when a person was transferred from one category to the other, there was no rule regarding level of remuneration to apply. The paragraph was promulgated in consideration of the equity of the personnel. The paragraph contradicts neither Article 16 of the Public Functionaries Remuneration Law nor Article 11 of the Standard Act of the Law and Rules. The paragraph does not violate Article 7 of the Constitution either. However, according to Article 7 of the Rule, years of service of the transferred personnel may be counted only to the highest level of basic salary (ben-feng) of his level ranking. This article is not consistent with a provision, effective on December 26, 1995, in the Enforcement Rules for the Public Functionaries Remuneration Law (on December 26, 1995 and January 15, 1998 was amended as Article 15, paragraph 3; on November 15, 1999 was amended as Article 15, Paragraph 1). In the provision, yearly remuneration advancements may be counted to the highest level of seniority salary (nian-gong-feng) of his level ranking. This inconsistency shall be reconsidered and corrected.