Former Examination Yuan President Loses Legal Battle Over Overpaid Retirement Funds

Supreme Court Upholds Ruling, Requiring Guan Zhong to Repay Millions in Excess Benefits.

In a significant legal development in Taiwan, former Examination Yuan President Guan Zhong has lost his final appeal regarding the repayment of overpaid retirement funds. The Supreme Administrative Court dismissed his appeal, solidifying the original ruling. The case centers around the calculation of Guan Zhong’s retirement benefits after he retired from his position.

The dispute originated after the Examination Yuan and the Ministry of Civil Service Affairs recalculated Guan Zhong’s retirement benefits. This recalculation, based on the Regulations on the Calculation of Retirement Payments for Public Servants with Combined Service Records, included the deduction of certain years of service. This action led to a demand for the repayment of approximately 3.51 million New Taiwan Dollars in overpaid funds.

Guan Zhong initiated an administrative lawsuit contesting the decision. However, the Taipei High Administrative Court, in its first instance, found the relevant regulations to be constitutional, citing a previous ruling by the Constitutional Court. The court concluded that the Examination Yuan and Ministry of Civil Service Affairs’ actions were compliant with the law, thus ruling against Guan Zhong. This decision was upheld by the Supreme Administrative Court.

Guan Zhong’s retirement took effect on May 20, 2000. The original calculation of his retirement benefits included his service at the Civil Servants Service Association and its branches. However, the subsequent recalculation, based on the applicable regulations, removed ten years and one month of his service from the calculation, resulting in the overpayment and the subsequent demand for repayment.