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  • Interpretation
  • No.282
  • Date
  • 1991/07/12
  • Issue
    • Are the positions of the Delegates to the National Assembly without pay? Shall the compensation of the national representatives be required by Law?
  • Holding
    •        By the nature of their constitutional duty, Delegates to the National Assembly do not meet regularly, and the performance of their duty does not require the payment of periodic compensation of an annual retainer or honorarium for their public service. Accordingly, such positions are without pay. Interpretation No. 76 of the Judicial Yuan states that, insofar as the constitutional status and powers of their positions are concerned, the National Assembly, Legislative Yuan and Control Yuan collectively are equivalent to the parliamentary body of democratic nations. This interpretation does not mean that these agencies are the same in terms of their nature, powers or the remuneration of their members under the Constitution. This interpretation is hereby amended accordingly. Where Delegates to the National Assembly receive compensation under specific circumstances, such as meeting in session to exercise their power, such compensation shall be treated in the same manner as in the case of compensation to other elected parliamentary members of the central government, and shall require legislation specifying the categories and standards of such compensation before payment from the budget may be made.
      
    •        Delegates to the National Assembly shall receive the same amount of remuneration during the same period of time. To be sure, Delegates to the National Assembly elected from additional quotas arising under the Temporary Provisions Effective During the Period of National Mobilization for the Suppression of the Communist Rebellion shall receive the same remuneration as Delegates of the second term of the National Assembly.
      
    •        This interpretation shall take effect from January 1, 1992.
  • Reasoning
    •        By the nature of their constitutional duty under Articles 27 through 30 of the Constitution, Delegates to the National Assembly do not meet regularly, and they are not prohibited from holding other public offices or engaging in other business or professions. In addition, the performance of their duty does not require the payment of periodic compensation of an annual retainer or honorarium for their public service. Accordingly, such positions are without pay. Interpretation No. 76 of the Judicial Yuan states that, insofar as the constitutional status and powers of their positions are concerned, the National Assembly, Legislative Yuan and Control Yuan collectively are equivalent to the parliamentary body of democratic nations. This interpretation doe not mean that these agencies are the same in terms of their nature, powers or the remuneration of their members under the Constitution. This interpretation is hereby amended accordingly. Where Delegates to the National Assembly receive compensation under specific circumstances, such as meeting in session to exercise their power, or where other parliamentary members of the central government receive remuneration, the people will bear such cost through taxation. The payment of such compensation shall require legislation specifying the categories and standards of such compensation before payment from the budget may be made.
      
    •        In accordance with the principle of equality, Delegates to the National Assembly shall receive the same amount of remuneration during the same period of time. To be sure, Delegates to the National Assembly elected from additional quotas arising under the Temporary Provisions Effective During the Period of National Mobilization for the Suppression of the Communist Rebellion shall receive the same remuneration as Delegates of the second term of the National Assembly.
      
    •        This interpretation will require considerable time for the enactment and amendment of relevant legislation. Accordingly, it shall take effect from January 1, 1992.
      
    • *Translated by LAWRENCE S. LIU.
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