Go to Content Area :::

Decisions

Home > Decisions > Docket Search > Before 2022
:::
:::
  • Interpretation
  • No.299
  • Date
  • 1992/06/26
  • Issue
    • Shall the delegates of the National Assembly be compensated?
  • Holding
    •        In order to establish the regime of compensation-by-law of the elected representatives, the appropriate categories and standards of remuneration or compensation of national representatives shall be promulgated by law according to the nature of their positions so that a budget may be implemented for such payment.  This has been interpreted in J.Y. Interpretation No. 282.  The clause “the positions of delegates of the National Assembly are without pay” as mentioned in J.Y. Interpretation No. 282, shall mean that no payment of periodic compensation of an annual retainer or honorarium or other similar payments shall be made to the delegates of the National Assembly.  Such interpretation does not mean that the delegates of the National Assembly shall not receive any payment under any circumstance.  Illustration has been made that the statement “delegates of the National Assembly may receive compensation under specific circumstances” mainly means that the delegates of the National Assembly may be paid for reasonable compensation when exercising their duty during the session.  As to under what specific circumstances the delegates of the National Assembly may be compensated, such matter shall be decided by the Legislative Yuan based on the reasonable categories and standards of such compensation as the basis of payment along with the payment of other necessary expenses that have direct bearing with the exercise of their duty.  The same principle shall be followed when amending legislations dealing with the compensation of other elected representatives.  Supplement is hereby made to J.Y. Interpretation No. 282.
  • Reasoning
    •        Questions have been raised by the Legislative Yuan and the National Assembly as to the meaning of the phrases “without pay” and “may receive compensation under specific circumstances”in J. Y. Interpretation No. 282, and application for supplementary interpretation has been filed. The applications shall be accepted according to Resolution No. 118 of the Grand Justices Council and Article 4, Paragraph 1, Subparagraph 1, of the Law Governing the Adjudication of the Grand Justices Council. The remuneration or compensation of national representatives, no matter under what kind of designation, is relative to the tax burden of the people and is an important issue of the country.  
      
    •        The categories and standards of such compensation shall be regulated by law so that a budget can be drawn up for the payment.  The law is silent on the compensation of the delegates of the National Assembly.  While the compensation of the other national representatives is stipulated by the Temporary Act on Legislators’ and Ombudsmen’s Annual Pay and Pay for Duty-Related Expenses enacted more than forty years ago, the actual compensation paid is not consistent with that law.  Thus,an overall review is necessary so as to set up the regime of compensation-by-law of elected representatives.  That is the intention and purpose of J.Y. Interpretation No. 282.  In order to provide sufficient time for the enactment and amendment of relevant legislations, it is decided that the Interpretation shall come into force on January 1, 1992.  The clause “the positions of delegates of the National Assembly are without pay” shall mean that no payment of periodic compensation of an annual retainer or honorarium or other similar payments shall be made to the delegates of the National Assembly.  Such interpretation does not mean that the delegates of the National Assembly shall not receive any payment under any circumstance.  Although the frequency of temporary meeting and the powers of the delegates of the National Assembly have been changed with the revisions and amendments of the Constitution, the nature of the duty of the delegates of the National Assembly under the Constitution has not been changed.  The clause “the delegates of the National Assembly may receive compensation under specific circumstances” mainly means that the delegates of the National Assembly may be paid for reasonable compensation when exercising their power during the session. As to under which circumstances the delegates of the National Assembly may be compensated, such matter shall be decided by the Legislative Yuan based on the reasonable categories and standards of the compensation as the basis of payment along with the payment of other necessary expenses that have direct bearing with the exercise of their duty, such as fees for postage, telecommunication, and insurance.  The same principle shall be followed when amending legislations dealing with the compensation of the other elected representatives. Supplement is hereby made to Interpretation No. 282. Moreover, although the compensation received by the delegates of the National Assembly elected under the Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion (hereinafter the “Temporary Provisions”) before December 31, 1991, is equivalent to the compensation of the first-term delegates of the National Assembly, considering the need to establish a regime of compensation-by-law as interpreted in the above and based on the principle of public interest and equality, the delegates elected under the Temporary Provisions shall be compensated the same as the second-term delegates since they exercise their powers together. 
      
    • *Translated by David Yang and Mark Tu of Baker&Mckenzie Law Offices, Taipei
Back Top