年金改革的他者：論公營事業「公務員兼具勞工身分者」之年金保障

Pension Reform: On Pension Security of “Civil Servant Who also Has the Legal Status of a Worker” in Public Enterprises

Where the currently-in-effect occupational pension system for civil servant who also has the legal status of a worker in all public enterprises applied to the Civil Service Retirement Law was mostly stipulated otherwise by the competent authorities of such enterprises under the internal personnel management by administrative order. This resulted in many different inconsistent forms and might violate the principles of legal reservation and equality. Additionally, the one-off pension payment was not sufficiently secured. Firstly, this paper explored the origin of the concept of “civil servant who also has the legal status of a worker” and highlighted the crux of the retirement system problems of these people. Secondly, after illustrating the current situations of the public enterprise employee retirement system, this paper put forward some controversial issues of this system. Thirdly, this paper probed into the constitutionality of this system in terms of the legal reservation and equality principles. Lastly, this paper suggested some solutions.