Regulations Governing the Awards of Solatium to a Civil Servant Injured, Deformed or Died Due to Performing Duties
2010-11-22
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Article 1
These Regulations are prescribed in accordance with Paragraph 3, Article 21 of the Civil Service Protection Act (hereinafter “the Act”).
Article 2
The awards of solatium to injured, deformed, or died personnel as referred to Article 3 and Article 102 of the Act due to performing duties shall be governed by these Regulations. If other laws have specified the award of solatium, such other laws shall prevail.
Article 3
The term “Injured, deformed, or died due to performing duties” as used in these Regulations shall be due to the following causes which lead to injury, deformation or death:
1. an accident occurs when performing duties,
2. a danger incurs when running public errands,
3. an accident occurs in offices.
“An accident occurs when performing duties” as referred to Item 1 of the preceding paragraph shall mean an accident occurs when a civil servant performs his/her duties. “A danger incurs when running a public errand” as referred to Item 2 shall mean a civil servant who is appointed to run a certain errand by agencies or public schools incurs danger. The time period shall be from departure to returning the office or residence after finishing the appointed errands. “An accident occurs in offices” as referred to Item 3 shall mean an accident occurs when a civil servant deals with public affairs during the office hours or designated working period at the place where he/she deals with the public affairs.
The person who is awarded solatium in accordance with these Regulations shall be limited to the one whose injury, deformation, or death has proximate causation with one of the causes listed in Paragraph 1.
1. an accident occurs when performing duties,
2. a danger incurs when running public errands,
3. an accident occurs in offices.
“An accident occurs when performing duties” as referred to Item 1 of the preceding paragraph shall mean an accident occurs when a civil servant performs his/her duties. “A danger incurs when running a public errand” as referred to Item 2 shall mean a civil servant who is appointed to run a certain errand by agencies or public schools incurs danger. The time period shall be from departure to returning the office or residence after finishing the appointed errands. “An accident occurs in offices” as referred to Item 3 shall mean an accident occurs when a civil servant deals with public affairs during the office hours or designated working period at the place where he/she deals with the public affairs.
The person who is awarded solatium in accordance with these Regulations shall be limited to the one whose injury, deformation, or death has proximate causation with one of the causes listed in Paragraph 1.
Article 4
The standards of awards of solatium shall be as follows:
1. solatium for injury:
(1) NTD100,000 for the case of severe harm, hospitalization, emergency and with a danger of life.
(2) NTD80,000 for the case of serve harm, hospitalization and with a danger of deformation.
(3) NTD40,000 for the case of serve harm and hospitalization for more than consecutive 30 days.
(4) NTD30,000 for the case of hospitalization for more than consecutive 21 days but less than 30 days.
(5) NTD20,000 for the case of hospitalization for more than consecutive 14 days but less than 21 days.
(6) NTD10,000 for the case of hospitalization for less than consecutive 14 days or for the case more than 7 treatments without hospitalization.
(7) An extra 30% of the above standard will be awarded if the injury in the preceding (1) to (6) is caused by risking a danger.
(8) Government agencies and public schools may consider carefully the financial situation to award solatium within the prescribed standards for the case of the above (3) to (7).
2. solatium for deformation:
(1) NTD1,200,000 for the case of total deformation; NTD600,000 for the case of half deformation; and NTD300,000 for the case of part deformation.
(2) NTD2,300,000 for the case of total deformation; NTD1,200,000 for the case of half deformation; and NTD600,000 for the case of part deformation caused by performing risky duties.
(3) NTD3,000,000 for the case of total deformation; NTD1,500,000 for the case of half deformation; and NTD800,000 for the case of part deformation caused by risking a danger.
3. solatium for death:
(1) NTD1,200,000 to the survivors for the case of death.
(2) NTD2,200,000 to the survivors for the case of death caused by performing risky duties.
(3) NTD3,000,000 to the survivors for the case of death caused by risking a danger.
The solatium as referred to the preceding paragraph shall not be awarded if a civil servant is intentional and shall be reduced 30% if a civil servant is gross negligent. The determination of intention or gross negligence shall be dealt with by the agencies or public schools in charging of the awards based on the investigated facts or survey report of relevant agencies.
“Risking a danger” as referred to in Paragraph 1 shall mean a civil servant who incurs a dangerous accident and knows that there is a high probability of casualty when performing such duty and such casualty can not be excluded in advance based on the circumstance at that time still decides to perform such duty regardless of his/her own safety. “Performing risky duties” shall mean a civil servant performs a duty which is more likely to cause the danger of injury, deformation or death than usual objective standards.
The table of insurance payment for deformation for a civil servant or teacher shall apply mutatis mutandis to the deformation grades as referred to Item 2, Paragraph 1.
1. solatium for injury:
(1) NTD100,000 for the case of severe harm, hospitalization, emergency and with a danger of life.
(2) NTD80,000 for the case of serve harm, hospitalization and with a danger of deformation.
(3) NTD40,000 for the case of serve harm and hospitalization for more than consecutive 30 days.
(4) NTD30,000 for the case of hospitalization for more than consecutive 21 days but less than 30 days.
(5) NTD20,000 for the case of hospitalization for more than consecutive 14 days but less than 21 days.
(6) NTD10,000 for the case of hospitalization for less than consecutive 14 days or for the case more than 7 treatments without hospitalization.
(7) An extra 30% of the above standard will be awarded if the injury in the preceding (1) to (6) is caused by risking a danger.
(8) Government agencies and public schools may consider carefully the financial situation to award solatium within the prescribed standards for the case of the above (3) to (7).
2. solatium for deformation:
(1) NTD1,200,000 for the case of total deformation; NTD600,000 for the case of half deformation; and NTD300,000 for the case of part deformation.
(2) NTD2,300,000 for the case of total deformation; NTD1,200,000 for the case of half deformation; and NTD600,000 for the case of part deformation caused by performing risky duties.
(3) NTD3,000,000 for the case of total deformation; NTD1,500,000 for the case of half deformation; and NTD800,000 for the case of part deformation caused by risking a danger.
3. solatium for death:
(1) NTD1,200,000 to the survivors for the case of death.
(2) NTD2,200,000 to the survivors for the case of death caused by performing risky duties.
(3) NTD3,000,000 to the survivors for the case of death caused by risking a danger.
The solatium as referred to the preceding paragraph shall not be awarded if a civil servant is intentional and shall be reduced 30% if a civil servant is gross negligent. The determination of intention or gross negligence shall be dealt with by the agencies or public schools in charging of the awards based on the investigated facts or survey report of relevant agencies.
“Risking a danger” as referred to in Paragraph 1 shall mean a civil servant who incurs a dangerous accident and knows that there is a high probability of casualty when performing such duty and such casualty can not be excluded in advance based on the circumstance at that time still decides to perform such duty regardless of his/her own safety. “Performing risky duties” shall mean a civil servant performs a duty which is more likely to cause the danger of injury, deformation or death than usual objective standards.
The table of insurance payment for deformation for a civil servant or teacher shall apply mutatis mutandis to the deformation grades as referred to Item 2, Paragraph 1.
Article 5
A civil servant shall be made up the deficient solatium depending on the grades of deformation or death, if his/her injury or deformation due to performing duties becomes deformation or aggravated deformation or death within 180 days from the date of discharging from hospital in the case of hospitalization, or the date of the 7th treatment in the case without hospitalization, or the date confirming the deformation.
If the table of deformation payment for civil service insurance has specified the minimum treatment period, such period shall prevail the 180 days referred to in the preceding paragraph, but such period shall not exceed 2 years.
If the table of deformation payment for civil service insurance has specified the minimum treatment period, such period shall prevail the 180 days referred to in the preceding paragraph, but such period shall not exceed 2 years.
Article 6
The Civil Service Pension Act shall apply mutatis mutandis to the survivors who receive solatium for death, the receiving order, the method of multiple receivers, the appointed receiver by will made in advance and the forfeiture of the right to receive.
Article 7
After the effectiveness of these Regulations, government agencies and public schools shall not insure their personnel, except to the following circumstances:
1. may purchase insurance in accordance with laws or rules,
2. may purchase insurance for the period of performing special duties with the approval of Executive Yuan,
3. may purchase insurance directly, without approval, in accordance with relevant laws, in the case of running a public errand aboard,
4. may purchase insurance against war for the overseas personnel who station in a country with the danger of war,
5. may purchase travel insurance for the participants of entertainment activities.
The solatium awarded to a civil servant or his/her survivors in accordance with these Regulations shall be deducted and awarded the difference only if the following payment or derivative payment has been made. However, if the payment has reached the standard set forth in these Regulations, no more payment will be made:
1. solatium,
2. payment with the same nature as solatium,
3. insurance payment of the various items in the preceding paragraph except that the insurance of Item 1 is purchased in accordance with the compulsory governmental rules and the civil servant pays the insurance premium.
“Performing special duties” as referred to in Item 2, Paragraph 1 shall mean one of the following personnel:
1. the personnel who participate in disaster relief and recovery or reconstruction after disaster as defined in the Disaster Prevention and Protection Act and whose works are with high probability of dangers,
2. personnel who participate in the work of controlling communicable disease as defined in the Communicable Disease Control Act or as appointed by the central sanitary agency and whose works have to contact infected patients, suspected patients or corpses,
3. personnel who engage in manufacture, production and test of ammunition and whose works are with high probability of dangers,
4. crew members who engage in air disaster relief, disaster rescue, first aid, reconnaissance patrol, flight test, transportation and other duties and whose works are with high probability of dangers.
”Works with high probability of dangers” as referred to in Item 1, Item 3 and Item 4 of the preceding paragraph shall be determined by the Executive Yuan.
1. may purchase insurance in accordance with laws or rules,
2. may purchase insurance for the period of performing special duties with the approval of Executive Yuan,
3. may purchase insurance directly, without approval, in accordance with relevant laws, in the case of running a public errand aboard,
4. may purchase insurance against war for the overseas personnel who station in a country with the danger of war,
5. may purchase travel insurance for the participants of entertainment activities.
The solatium awarded to a civil servant or his/her survivors in accordance with these Regulations shall be deducted and awarded the difference only if the following payment or derivative payment has been made. However, if the payment has reached the standard set forth in these Regulations, no more payment will be made:
1. solatium,
2. payment with the same nature as solatium,
3. insurance payment of the various items in the preceding paragraph except that the insurance of Item 1 is purchased in accordance with the compulsory governmental rules and the civil servant pays the insurance premium.
“Performing special duties” as referred to in Item 2, Paragraph 1 shall mean one of the following personnel:
1. the personnel who participate in disaster relief and recovery or reconstruction after disaster as defined in the Disaster Prevention and Protection Act and whose works are with high probability of dangers,
2. personnel who participate in the work of controlling communicable disease as defined in the Communicable Disease Control Act or as appointed by the central sanitary agency and whose works have to contact infected patients, suspected patients or corpses,
3. personnel who engage in manufacture, production and test of ammunition and whose works are with high probability of dangers,
4. crew members who engage in air disaster relief, disaster rescue, first aid, reconnaissance patrol, flight test, transportation and other duties and whose works are with high probability of dangers.
”Works with high probability of dangers” as referred to in Item 1, Item 3 and Item 4 of the preceding paragraph shall be determined by the Executive Yuan.
Article 8
The application procedures and authority of awards of solatium are as follows:
1. application procedure
(1) a civil servant being injured due to performing duties shall apply solatium to and be paid by the agency or public school he/she serves, with the supporting documents of one copy of the application form stating the accident details and the certificate of diagnosis, including the cause for hospitalization or treatment, issued by the accreditation-qualified hospitals approved by the central sanitary agency. As to a civil servant applying solatium according to No. 6, Item 1, Paragraph 1 of the Article 4 and a civil servant of off-shore islands, such as Penghu, Kinmen and Matsu, the certificate of diagnosis, including the cause for hospitalization or treatment, can be issued by contracted hospitals under the national health insurance program.
(2) a civil servant being deformed due to performing duties shall apply solatium through the agency or public school he/she serves and be paid by the authority-in-charge in accordance with the administrative procedures, with the supporting documents of two copies of the application form stating the accident details, the certificate of deformation grades, including the cause for deformation, issued by the accreditation-qualified hospitals approved by the central sanitary agency, and the certificate of deformation due to performing duties issued by the agency or public school he/she serves.
(3) a civil servant being dead due to performing duties shall apply solatium by the survivors through the agency or public school he/she serves and be paid by the authority-in-charge in accordance with the administrative procedures, with the supporting documents of two copies of the application form stating the accident details, the certificate of death, and the certificate of death due to performing duties issued by the agency or public school he/she serves.
(4) the above (2) and (3) shall apply to a civil servant who becomes deformation or death because of aggravated injury after hospitalized due to injury or the 7th treatment without hospitalization, or a civil servant who shall be made up the deficient solatium depending on the grades of deformation or death because of aggravated deformation or death.
(5)When a civil servant injures, deforms or is dead due to performing duties, the agency or public school he/she serves shall actively assist the civil servant or his/her survivors to fill out the application form to apply for solatium.
2. authority of awards:
(1) solatium for injury: shall be awarded by the agency or public school a civil servant serves.
(2) solatium for deformation or death: shall be awarded by the Presidential Office, National Security Council, five national government branches or Yuans, governments of city supervised directly by the Executive Yuan, aforesaid city councils, county (city) governments, and county (city) councils.
A civil servant leaves office after being injured or deformed due to performing duties may deal with the case in accordance with the preceding paragraph.
The statutes of limitations for applying solatium shall be dealt with in accordance with Article 131 of the Administrative Act.
1. application procedure
(1) a civil servant being injured due to performing duties shall apply solatium to and be paid by the agency or public school he/she serves, with the supporting documents of one copy of the application form stating the accident details and the certificate of diagnosis, including the cause for hospitalization or treatment, issued by the accreditation-qualified hospitals approved by the central sanitary agency. As to a civil servant applying solatium according to No. 6, Item 1, Paragraph 1 of the Article 4 and a civil servant of off-shore islands, such as Penghu, Kinmen and Matsu, the certificate of diagnosis, including the cause for hospitalization or treatment, can be issued by contracted hospitals under the national health insurance program.
(2) a civil servant being deformed due to performing duties shall apply solatium through the agency or public school he/she serves and be paid by the authority-in-charge in accordance with the administrative procedures, with the supporting documents of two copies of the application form stating the accident details, the certificate of deformation grades, including the cause for deformation, issued by the accreditation-qualified hospitals approved by the central sanitary agency, and the certificate of deformation due to performing duties issued by the agency or public school he/she serves.
(3) a civil servant being dead due to performing duties shall apply solatium by the survivors through the agency or public school he/she serves and be paid by the authority-in-charge in accordance with the administrative procedures, with the supporting documents of two copies of the application form stating the accident details, the certificate of death, and the certificate of death due to performing duties issued by the agency or public school he/she serves.
(4) the above (2) and (3) shall apply to a civil servant who becomes deformation or death because of aggravated injury after hospitalized due to injury or the 7th treatment without hospitalization, or a civil servant who shall be made up the deficient solatium depending on the grades of deformation or death because of aggravated deformation or death.
(5)When a civil servant injures, deforms or is dead due to performing duties, the agency or public school he/she serves shall actively assist the civil servant or his/her survivors to fill out the application form to apply for solatium.
2. authority of awards:
(1) solatium for injury: shall be awarded by the agency or public school a civil servant serves.
(2) solatium for deformation or death: shall be awarded by the Presidential Office, National Security Council, five national government branches or Yuans, governments of city supervised directly by the Executive Yuan, aforesaid city councils, county (city) governments, and county (city) councils.
A civil servant leaves office after being injured or deformed due to performing duties may deal with the case in accordance with the preceding paragraph.
The statutes of limitations for applying solatium shall be dealt with in accordance with Article 131 of the Administrative Act.
Article 9
The budget for solatium shall be paid as follows:
1. solatium for injury: shall be paid within the budget of government agencies, public schools, or government-owned enterprises,
2. solatium for deformation or death: in the case of central government agencies and subordinated public schools, the budget shall be compiled by the Ministry of Civil Service, and when the Presidential Office, National Security Council, or five government branches or Yuans approves the budget, it shall notify the government agency or public school the civil servant serves to truthfully issue a check to request payment and cancel after verification in accordance with laws, and it shall also notify such approval to the Ministry of Civil Service; in the case of local government agencies and subordinated public schools, the budget shall be compiled by government of city supervised directly by the Executive Yuan, county (city) government, township (city) government separately; in the case of government agencies, public schools, or government-owned enterprises established by the special funds of Article 4 of the Budget Act, the budget shall be compiled by each government agency, public school or government-owned enterprise. If the annual budget fails to be compiled in time, solatium shall be paid under the relevant item of annual budget of each central government agency, government of city supervised directly by the Executive Yuan, county (city) government, government agency, public school, or government-owned enterprise established by the special fund.
1. solatium for injury: shall be paid within the budget of government agencies, public schools, or government-owned enterprises,
2. solatium for deformation or death: in the case of central government agencies and subordinated public schools, the budget shall be compiled by the Ministry of Civil Service, and when the Presidential Office, National Security Council, or five government branches or Yuans approves the budget, it shall notify the government agency or public school the civil servant serves to truthfully issue a check to request payment and cancel after verification in accordance with laws, and it shall also notify such approval to the Ministry of Civil Service; in the case of local government agencies and subordinated public schools, the budget shall be compiled by government of city supervised directly by the Executive Yuan, county (city) government, township (city) government separately; in the case of government agencies, public schools, or government-owned enterprises established by the special funds of Article 4 of the Budget Act, the budget shall be compiled by each government agency, public school or government-owned enterprise. If the annual budget fails to be compiled in time, solatium shall be paid under the relevant item of annual budget of each central government agency, government of city supervised directly by the Executive Yuan, county (city) government, government agency, public school, or government-owned enterprise established by the special fund.
Article 10
These Regulations shall apply mutatis mutandis to the following personnel：
1. political appointees and other personnel retained by special appointment or selection in accordance with the organizational laws of each agency,
2. elected public officials,
3. educators,
4. skilled workers or a fellow workers,
5. contracted employees,
6. other temporary personnel paid on the basis of month, day, hour or piece, but the personnel employed by overseas offices in accordance with the laws of overseas countries shall be excluded.
The solatium for deformation or death of the personnel listed in Item 2 to Item 6 of the preceding paragraph and employed or appointed by central agencies and their public schools shall be compiled by the budget of the Central Personnel Administration of Executive Yuan.
1. political appointees and other personnel retained by special appointment or selection in accordance with the organizational laws of each agency,
2. elected public officials,
3. educators,
4. skilled workers or a fellow workers,
5. contracted employees,
6. other temporary personnel paid on the basis of month, day, hour or piece, but the personnel employed by overseas offices in accordance with the laws of overseas countries shall be excluded.
The solatium for deformation or death of the personnel listed in Item 2 to Item 6 of the preceding paragraph and employed or appointed by central agencies and their public schools shall be compiled by the budget of the Central Personnel Administration of Executive Yuan.
Article 11
The injured or deformed civil servant or the survivors of the dead civil servant may seek remedies in accordance with the Civil Service Protection Act, if they are not satisfied with the approval consequence of the solatium; if there are some causes for reopening the administrative procedure, such as obvious mistakes, the finding of new facts or new evidence, they can deal with the case in accordance with Administrative Procedure Act.
Article 12
The government-owned enterprises shall deal with the solatium of personnel employed not in accordance with laws by making reference to these Regulations. The relevant expenses shall be compiled within the budget of each enterprise.
Article 13
The application forms referred to in these Regulations shall be promulgated by the Ministry of Civil Service, including the application forms of solatium for injury due to performing duties, solatium for deformation due to performing duties, certificate of deformation due to performing duties, solatium for death due to performing duties, certificate of death due to performing duties.
Article 14
These Regulations becomes effective on January 1, 2004.
The amendments to these Regulations will become effective as the date of promulgation.
The amendments to these Regulations will become effective as the date of promulgation.