The National Salvation Corps has lost the lawsuit.

(file photo)

[Reporter Yang Guowen/Taipei Report] In the early days of the KMT, seniority in the party position could be combined with seniority in public office, which was quite controversial. When a civil servant surnamed Xie in the Nantou County Government retired, the 12 years and 6 months in the National Salvation Corps were included in the calculation, but the government annuity After the reform, 12 years and 6 months of party seniority were deducted according to the regulations on seniority management of associations, and the calculation was recalculated, and the National Salvation Corps was required to return Xie Nanyi's pension of more than 970,000 yuan with premium interest. The National Salvation Corps refused to accept it. An administrative lawsuit was filed, and the Supreme Administrative Court found that the original punishment was based on the law, and now the National Salvation Corps has lost the lawsuit.

A civil servant named Xie of Nantou County Government was approved by the Civil Service Department to retire on July 2, 2011. However, his years of service as a full-time staff member of the National Salvation Corps from August 1978 to January 1991 amounted to 12 years and June. Calculated based on seniority in public service, the amount of preferential deposits that can be obtained is more than 1.33 million yuan.

However, after the annuity reform, the Ministry of Civil Service, in accordance with the relevant provisions of the "Regulations on the Treatment of Seniority of Public Officials Combined with the Seniority of Full-time Staff of Social Organizations", believes that 12 years and 6 months of party service should not be incorporated into the seniority of public service. After deducting according to law, the change The outstanding deposit amount is more than 540,000 yuan. Recalculate and recover the overpaid amount. The Nantou County Government believes that according to Article 5 of the Regulations on the Treatment of Association Seniority, Xie Nan should be recovered from the National Salvation Corps from the effective date of retirement to August 2018. A total of 979,726 yuan in premium deposit interest received during the month.

After paying 979,726 yuan in advance, the National Salvation Group filed a lawsuit and was willing to be dismissed. It filed an administrative lawsuit. The National Salvation Group claimed that the original punishment violated the principle of good faith, and that Article 5, Item 1, and Subparagraph 2 of the Association Senior Management Regulations violated property rights, which is unconstitutional. In addition, the statute of limitations stipulated in Article 5, Item 1 of the Association Seniority Management Regulations is "to recover the excess pension, which should be done within one year of the implementation of the regulations", which has exceeded the 1-year statute of limitations for claims. Therefore, the original disposition is requested to be revoked.

The Taichung High Administrative Court ruled that the National Salvation Corps won the case, revoked the original punishment, and the Nantou County Government should return 979,726 yuan.

After the appeal, the Supreme Administrative Court revoked the case and sent it back to the Taichung High Administrative Court for further trial.

Not long after, the Grand Court of the Supreme Administrative Court made a ruling on October 1, 2021 in order to unify the opinion. The time limit for recovery stipulated in Article 5, Item 1 of the Regulations on Seniority Management of Societies shall be "within one year of implementation of the Regulations. The "instructions and regulations" still have the right to recover and execute according to law after one year.

The Taichung High Administrative Court held in the first instance that the National Salvation Corps was required to return the excess of more than 970,000 yuan in accordance with the relevant provisions of Article 5 of the Association Seniority Management Regulations.

The National Salvation Corps still refused to accept it and filed an appeal.

The Supreme Administrative Court believed that the judgment of the first instance was correct, and the original punishment was based on the law. Today, the judgment against the National Salvation Corps is confirmed.