Ministry of Civil Service: No Retroactive Pension Difference Payment for 2024, Implementation According to Law

(Central News Agency reporter Gao Huaqian, Taipei 10th) The Legislative Yuan passed the bill to halt pension cuts for civil servants and teachers in its third reading last December, but the effective date for the retroactive payment of pension differences has drawn attention. The Ministry of Civil Service stated that since the amended articles of the Civil Service Pension Act do not specify an effective date, the law takes effect on the third day after promulgation, which is December 28, 2025 (Republic of China year 114), according to the law. Therefore, there is no issue of retroactively paying pension differences for 2024 (ROC year 113) and 2025 (ROC year 114). The Ministry emphasized that all actions are taken in accordance with the law and not based on any arbitrary interpretation.

The Legislative Yuan passed amendments to several articles of the Civil Service Retirement and Severance Act in its third reading last December, halting the reduction of civil servant pensions starting from 2024. The Ministry recently stated that pension differences from December 28, 2025, to July 31, 2026, should be paid, with completion no later than August 1, 2026. However, Kuomintang Legislator Weng Hsiao-ling questioned the Ministry's interpretation, accusing it of arbitrarily interpreting Articles 37 and 38 of the Public Service and Education Personnel Retirement and Severance Act. She claimed the Ministry only agreed to refund the over-deducted pension differences from December 28, 2025, to July 2026, but refused to refund the 24 months of over-deducted pension differences for 2024 and 2025.

In a press release today, the Ministry of Civil Service explained that after the President promulgated the amendments to Articles 37 and 38 of the Civil Service Retirement and Severance Act on December 26, 2025, the Ministry immediately issued a circular on January 2, 2026, to all central and local competent authorities. The circular clearly stated that the amended articles take effect on the third day after promulgation, i.e., December 28, 2025. From this effective date, the replacement rate for retired (or separated) personnel is uniformly determined based on the 2023 (ROC year 112) standards set in Appendix 3 of the Act. Consequently, there is no issue of retroactively paying pension differences for 2024 and 2025.

The Ministry noted that since the amended Articles 37 and 38 do not specify an effective date and did not concurrently amend Article 95, Paragraph 3, which designates the implementation date, the effective date is determined by Article 13 of the Central Regulation Standard Act. This stipulates that the law takes effect on the third day from the date of promulgation, which is December 28, 2025.

The Ministry asserted that it is acting strictly according to legal norms and has not arbitrarily interpreted the law, contrary to some media reports. It stated that it respects differing legal opinions regarding the effective date of the amended articles.

The Ministry also reported that the re-examination of the replacement rates for currently retired civil servants is largely complete. The relevant re-examination decisions and income schedules have been sent to the disbursing agencies to be delivered to retirees by the end of June. Subsequent pension payments will be processed based on these decisions, all in accordance with legal norms. (Editor: Zhai Sijia) 1150610